Port Arthur Independent School District PO Box 1388 Port Arthur, Texas (409)

Transcription

1 Port Arthur Independent School District PO Box 1388 Port Arthur, Texas (409) Section General Competitive Sealed Proposal Exclusive Soft Drink Contract 1.1 Port Arthur Independent School District (PAISD) is soliciting proposals from major soft drink vendor. The intent of PAISD is to award this proposal to an exclusive vendor. The Port Arthur Independent School District will also make purchases through the Region V Education Service Center for Child Nutrition. The PAISD is interested in nonalcoholic, carbonated and non-carbonated beverages, bottled water, tea, juice and isotopic products to the district. 1.2 The district will award the proposal as exclusive and award to the company providing the best overall proposal based on commissions and full service operations. 1.3 This proposal is soliciting monthly commissions and incentives to the individual schools, and departments for their individual activity funds. 1.4 This proposal could possibly be awarded for a three (3) year period with a renewal option after 3 years as agreed upon by both parties. Section 2 Terms and Conditions 2.1 The term of this agreement will be mutually agreed upon. All existing facilities including campuses, Maintenance, Transportation, auxiliary buildings, and athletic facilities will be included in the proposal. In addition, any new facilities completed during the term of the agreement will be automatically included. 2.2 Agreement can be canceled by the PAISD for non-performance by the soft drink vendor. 2.3 ONE proposal will include full service operations, with commissions and prices to remain competitive throughout the term of the agreement. 2.4 A SECOND proposal will include a price for PAISD employees to fill machines, with commissions and prices to remain competitive throughout the term of the agreement.

2 2.5 PAISD will also purchase drinks from the Region V Education Service Center Cooperative for Child Nutrition. 2.6 Should PAISD use the full service option, vendors authorized representatives shall be granted reasonable access to facilities where its vending machines are located for maintenance, service, or removal of such equipment. 2.7 Vendor may not assign or transfer this agreement nor its rights and privileges granted under this agreement, either in whole or part, without written consent of PAISD. 2.8 PAISD reserves the right to accept or reject all or any part of any proposal, waive minor technicalities, and award the proposal to serve the best interest of the PAISD. 2.9 All items and service must conform to all appropriate local, state, and federal laws, ordinances and regulations In evaluating qualified proposals, the following considerations will be taken into account for award recommendations: overall quality and value to the district, suitability for the intended purpose, vendor s service and delivery capabilities, overall price and commissions, and service history PAISD reserves the right to cancel this agreement without pecuniary risk or penalty upon written notice of the intent. The board reserves the right to cancel this agreement upon written notice of the intent If at any time the vendor fails to fulfill or abide by the terms, conditions, or specifications of this agreed upon, PAISD reserves the right to cancel upon thirty days written notifications of the intent This contract is in full compliance with current and any future amendments to the Texas Public School Nutrition Policy, which includes but is not limited to the following: 1. Carbonated beverages cannot be sold/served to students (grades pk-12) during the school day (from the start of breakfast until the end of the last scheduled class). 2. The limit of beverages (other than milk) sold/served to students during the school day is as follows: 6fl. Oz. (grades pk-5) and 12 fl. Oz. (grades 6-12) these beverages must not contain more than 30g total sugar per 8 fl. Oz. Juices must be 100% fruit and/or vegetable juice. No limit on noncarbonated, unflavored water. Electrolyte replacement beverages (sports drinks) are not allowed (grades pk-5). PAISD reserves the right to purchase all foods/beverages/supplies on the active bid through the Region 5 Food Service Purchasing Cooperative Vendor must remove light bulb and ballast on drink machines due to energy conservation.

3 Section 3 Insurance 3.1 Vendor shall provide evidence of liability insurance with their proposal. PAISD retains the right of approval for insurance coverage. 3.2 Copies of the successful contractor s liability insurance and workman s compensation certificates will be required. Insurance Requirement Limits: A. General Liability General Aggregate $1,000,000 Products-Comp/or Agg $1,000,000 Commercial General Liability Personal & Adv. Injury $1,000,000 Claims Made Occur. Each Occurrence $1,000,000 Owner s Contractor s Prot. Fire Damage (Any one fire) $50,000 Med. Expense (any one person) $5,000 B. Automobile Liability Combined Single Limit $1,000,000 Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Bodily Injury Hired Autos (Per Accident) Non-owned Autos Garage Liability C. Umbrella from-excess Liability State the limits that your Company carries D. Worker s Compensation And Employer s Liability Property Damage Statutory Each Accident $500,000 Disease Policy Limit $500,000 Disease Each Employee 3.3 The insurance requirements as listed above also apply to any subcontractor in the event that any work is sublet. The contractor is responsible to insure that the subcontractor meets the minimum insurance requirement limits as by law Should any of the above described policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the certificate holder, PAISD The contractor shall agree to waive all right of subrogation against the district, its officials, employees and volunteers for losses arising from work performed by contractor for the district.

4 3.3.3 Vendor shall indemnify and hold harmless the PAISD and its Board of Trustees, officers, agents, employees from all suites, actions, losses, damages, claims or liability of any character, type, or description, including but not limited to all expenses of litigation, court cost, penalties, and attorney s fees the PAISD incurs defending any action, suite, or claim form any source whatsoever and of any kind or nature arising directly or indirectly on the part of vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement The select vendor or vendors will be required to supply an insurance certificate naming PAISD as an additional insured. **YOU ARE REQUIRED TO SUBMIT A CERTIFICATE OF INSURANCE FOR THE ABOVE INSURANCE REQUIREMENTS WITH YOUR BID. ** **ITEMS 2, 3, 4, and 5 SHALL BE REQUIRED OF THE SUCCESSFUL VENDOR OR VENDORS.

5 Section 4 - Non-Collusive Bidding Certificate NON-COLLUSIVE BIDDING CERTIFICATE By submission of this proposal, the bidder certifies that: a) This bid or proposal has been independently arrived at without collusion with another bidder or with any competitor; b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other bidder, competitor or potential competitor; c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a proposal; d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the bidder as well as to the person signing in its behalf. e) THE FAILURE TO SIGN THIS CERTIFICATE MAY BE CAUSE FOR YOUR BID TO BE REJECTED. Company Name Authorized Signature Title

6 Section 5 - Criminal Notification FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History, Subsection (a), states a person or business entity that enters into a contract with a school district must give advanced notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business only if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in a conviction. The district must compensate the person or business entity for services performed before the termination of the contract. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor s Name: Authorized Company Official s Name (Printed): A. My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official: B. My firm is not owned nor operated by anyone who has been convicted of a felony: Signature of Company Official: C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): Signature of Company Official:

7 Section 6 Port Arthur Independent School District District Wide Soft Drink Proposal Estimated Vending Machine Income From Soft Drink Sales The following figures are estimated total commissions received from the sale of vending beverages: (each campus has a teachers lounge with one machine) Estimated Yearly Estimated Yearly No. of Campus Income Full Service Income-filled by machines District Employee Administration Bldg 55 staff $ $ Austin Middle School 45 staff $ $ 645 students Counseling & Diagnostic And Print Shop 16 staff $ $ DeQueen Elementary 39 staff $ $ 493 students Dowling Elementary 25 staff $ $ 312 students Edison Middle 87 staff $ $ 762 students Sam Houston Elementary 103 staff $ $ 957 Students Memorial High School 106 staff $ $ 1801 students Port Arthur Alternative 25 staff $ $ Campus Lee Elementary 82 staff $ $ 841 students

8 Memorial 9 th Grade 43 staff $ $ 653 students Maintenance Dept 55 staff $ $ Media/Food Service 22 staff $ $ (Workshop room) Special Projects 15 staff $ $ Stilwell Technical Center 20 staff $ $ Grade Transportation staff $ $ Travis Elementary 75 staff $ $ 800 students Tyrrell Elementary 53 staff $ $ 760 students Washington 35 staff $ $ 280 students Wheatley 35 staff $ $ 450 students 6.1 What percent of total sales do you think is profit to the bottling company? Section 7 Commission Rates 7.0 Commission rates and vending prices are requested on the following: Commission rates: Vending Prices: Can-Carbonated drinks Can-Non-carbonated drinks 20 oz Plastic bottles carbonated 20 oz Plastic bottles non- Carbonated water

9 Exclusivity Incentive Payments (in addition to commissions outlined above) Scholarships Each annual payment Total Scholarship Payments Drink Donations Dollar value of each annual donation Total donation dollar value Score Board Advertisement Dollar value of each annual donation Total donation dollar value Additional Campus Incentives or Promotional Goods (List Individually with approximate annual value)

10 Section How many 20 oz. vending machines do you expect to have at each location? 8.1 It is requested that an escalation clause for consumption be included, which would allow the commission rates to change if there is more than 50% usage of plastic, over aluminum cans for vending machines. 8.2 Once the acceptance of a proposal has been awarded, how long will it take to get the machines installed at each campus and department? 8.3 At the time of acceptance of the proposal, what type of advertising would you like to see within each of the locations? 8.4 The contract vending companies must furnish nationally-accepted quality products at agreed upon vending prices and commissions. 8.5 Name: Address: Phone: Signature:

11 Section 9 Proposal Preparation Instructions: 9.0 General In order to facilitate time evaluation of proposals, a standard format for proposal submission must be used by vendors which are described below. EACH ITEM MUST BE ADDRESSED IN THE VENDOR S PROPOSAL OR THE PROPOSAL MAY BE JUDGED NON-RESPONSIVE TO THE PROPOSALS. Please include the name, title, address, and telephone number of the contact person for questions on your proposal. 9.1 Transmittal Letter The Vendor shall submit a formal transmittal letter on the vendors official letterhead that contains the following: Briefly summarize the vendor s ability to perform the services and supply the products which meet the requirements of this proposal. The letter should also contain a statement indicating the vendor s willingness to perform the work contained in the proposal and abide by the terms and conditions set forth in the proposal Proposal Life A statement must be included which indicates the length of time during which PAISD may rely on all proposal commitments. This time is required to be not less than one hundred and twenty (120) calendar days from the due date for proposals Signature of Authorized Representative The transmittal letter must be signed by a person authorized to commit the organization to its representations. Such person s authority to so act must be consistent with the information continued in the Business Proposal Table of Contents Vendor should provide a detailed table of proposed contents by section, subsection, etc. consistent with the proposal format sections.

12 9.2 Business Proposal General This section of the Business Proposal may be used to introduce or summarize any information the vendor deems relevant or important to PAISD s successful acquisition of the services and products described in the proposal Vendor Company Structure The legal form of the vendor s business organization, the state in which incorporated (if a corporation), and the types of business ventures in which the organization in involved References The section must include a list of at least three (3) clients to whom the vendor is providing vending machine service. The name, address, and telephone number of a person who may be contacted for further information must be included. It is highly desirable that some of these references be other school districts or public sector accounts comparable in size Authorizing Document Vendor personnel signing the transmittal letter of its proposal must be legally authorized by the organization to commit the organization. This section shall contain proof of such authority. A copy of corporate bylaws or a corporate resolution adopted by the board of directors indicating this authority will fulfill this requirement Non-Collusion Affidavit The authorized person signing the transmittal letter must sign a non-collusion affidavit. A fully executed copy of the required affidavit is contained in Section 4. The original signed and notarized affidavit is to be included in this section of the proposal Felony Conviction Notification The authorized person must sign a felony conviction notification. A fully executed copy of the required affidavit is contained in Section 5. The original signed affidavit is to be included in the proposal in order for the proposal to be considered Conflict Of Interest The authorized person must sign a conflict of interest affidavit. A fully executed copy of the required affidavit can be downloaded at:

13 The original signed affidavit is to be included in the proposal in order for the proposal to be considered. 9.3 Proposed Method of Providing Services The overview must consist of a summary of the services proposed by the vendor in response to the proposal. The overview must provide PAISD with a general level of knowledge of the services to be provided and the methods to be used by the vendor in implementing them Detailed Description of Deliverables The vendor s response to the vending prices and commission rates constitutes the description of the deliverable services. The response must indicate the manner in which the proposed deliverables will fulfill the requirements of the specifications. As detailed an explanation a possible must be included Description of Personnel A detailed description of the key personnel (resumes are preferred) responsible for the initial installation and service, as well as ongoing customer support services (such as moves, adds, and changes) is requested. Each person s description must include a title as the person relates to the implementation of service and identify their project responsibilities. 9.4 Submission of Proposals All proposals must be received at the address below by PAISD Purchasing Department no later than July 1, 2009 at 2:00 p.m. Two copies of the proposal shall be delivered to PAISD on or before the due date. The proposal must follow the format indicated in this section. Unnecessarily elaborate proposals beyond that sufficient to present a complete effective responsive proposal are not desired. Repetition reference to a catalog, or brochure, which is not relevant to the questions posed in this proposal, may be considered non-responsible. All proposals must be addressed to: Port Arthur Independent School District Purchasing Department th Street (P.O. Box 1388 if by mail) Port Arthur, TX All proposals must be clearly market EXCLUSIVE SOFT DRINK CONTRACT-DUE DATE July 1, 2009 AT 2:00 P.M. No proposal that is received by PAISD after the due date and time will be considered for award. Any late proposals will be returned unopened to the vendor upon request only.

14 9.5 Inquires About the Request for Proposals All inquiries and requests for information affecting this proposal must be submitted in writing to the PAISD Purchasing Department by December 3, 2008 at 4:00 p.m. PAISD reserves the right to determine whether questions merit response. If questions are answered, written copies of the questions and answers will be shared with all prospective vendors who received a copy of the proposal. Only answers signed by the Purchasing Agent of PAISD will be considered as official by PAISD. No negotiations, decisions, or actions shall be initiated by any vendor or as a result of any verbal discussion with any PAISD employee. 9.6 Post-Proposal Conference If questions arise as to the content of the proposal during evaluation, PAISD may request a conference with any or all vendors. Such conferences will not be for vendor presentation, but rather to allow PAISD to ask questions regarding proposal content. 9.7 Withdrawal of Offers Responses to the proposal may be withdrawn by written notice received prior to the due date and time specified for receipt of the proposal. 9.8 Confidential Information Vendors to the proposal are advised that materials contained in their proposals are subject to the Public Information Act and may be viewed and/or copied by any member of the public, including news agencies and competitors. 9.9 Life of the Proposal All proposals made in response to this proposal must remain open and in effect for a period of not less than one hundred and twenty (120) calendar days after the due date for proposals. Any proposal selected by PAISD for negotiations shall remain open and in effect beyond one hundred and twenty (120) calendar days until superseded by a fully executed contract or until PAISD notifies the vendor in writing that contract negotiations have ended and the proposal has been rejected.

15 9.10 Best and Final Offers PAISD reserves the right to conduct discussions, either oral or written, with those vendors determined by PAISD to be reasonably susceptible to being selected for award. If discussions are held, PAISD may request best and final offers A request for best and final offers shall include; Notice that discussions are concluded; Notice that this is the opportunity to submit written best and final offers; A common cut-off date and time for submission of the best and final offers; Notice that if any modification is submitted, it must be received by the cut-off time or it will not be considered; Notice of any changes in PAISD s requirements; PAISD reserves the right to reject any or all proposals received, or to award a contract on the basis of initial offers received without discussions or clarifications. Therefore, the proposal should contain the vendor s best price and technical response based on the proposal. PAISD reserves the right to re-open discussions after receipt of best and final offers if it is clearly in PAISD s best interest to do so, and the Assistant Superintendent for Business makes a written determination of that fact. If discussions are re-opened, PAISD will issue and additional request for best and final offers from all vendors determined by PAISD to be reasonably susceptible to being selected for award Following an evaluation of the best and final offers, PAISD will select for negotiations the offer that is most advantageous to PAISD, considering price or cost and the evaluation factors in the proposal PAISD also reserves the right to conduct clarifications to resolve minor issues. If only clarifications are sought, best and final offers will not be requested. PAISD retains sole discretion to determine whether contact with the vendors is for clarification or discussion Agreement Components Any or all portions of this proposal and all portions of the vendor s proposal shall be incorporated by reference as part of the final agreement.

16 9.12 PAISD Obligations PAISD accepts no obligations for costs incurred by vendors responding to this proposal or the award. PAISD reserves the right to select a proposal without discussion with the vendors. It is understood that proposals shall become part of PAISD s official files. Retention of these proposals does not obligate PAISD to any action. PAISD reserves the right to reject any and all proposals received Taxes PAISD is exempt from state, federal, and local taxes, and will not be responsible for any taxes levied on the contractor resulting from this proposal Equal Opportunity It is the public policy of PAISD, at all levels of procurement, to promote equal opportunity in employment and in contracting opportunities, and to promote and encourage the participation of minority, small and other disadvantaged business entities in employment and contracting opportunities involving the State as fully as possible. PAISD, therefore, is committed to pursue such avenues in its employment and contracting activities which will further the goals of this policy. Similarly, a demonstrated commitment consistent with the goals of this policy by those with whom the PAISD does business, including those vendors responding to the solicitation, is highly desirable by PAISD.

17 PORT ARTHUR ISD PURCHASING DEPARTMENT Notice to Vendors: Conflict of Interest Questionnaire Required by Chapter 176 of the Texas Local Government Code Effective January 1, 2006, any person or entity who contracts or seeks to contract with PAISD for the sale or purchase of property, goods, or services as well as agents of such persons, (hereafter referred to as Vendors) are required to file a Conflict of Interest Questionnaire with the District. Each covered person or entity who seeks to or who contracts with PAISD is responsible for complying with any applicable disclosure requirements. The Conflict of Interest Questionnaire must be filed: No later than the seventh business day after the date that the Vendor begins contract discussions or negotiations with the government entity, or submits to the entity an application, response to a request for proposal or bid, correspondence, or other writing related to a potential agreement with the entity. The Vendor also shall file an updated questionnaire no later than September 1 of each year in which a covered transaction is pending, and the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate. Note: A Vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but before September 1 of the year. The Conflict of Interest Questionnaire may be downloaded from the Texas Ethics Commission s website at Completed forms should be sent to: Port Arthur Independent School District Att n: Purchasing Department P. O. Box 1388 Port Arthur, Texas The Local Government Officers of the Port Arthur Independent School District are: Board of Trustees: Superintendent: Kenneth Marks, President Theodore Victor Jr., Vice President Kenneth Lofton, Secretary Willie Mae Elmore Gregory Flores Dr. Mary Jean George Lloyd Marie Johnson Johnny E. Brown, Ph.D.

18 Port Arthur Independent School District Purchasing Department Notice to Bidders The Port Arthur Independent School District will receive competitive sealed proposals for Exclusive Soft Drink Contract at the Port Arthur ISD Purchasing Department, th Street, Port Arthur, Texas 77641, on Wednesday, July 1, 2009 at 2:00 p.m., at which time proposals will be opened publicly and read aloud. Information and specifications are available in the Purchasing Department, th Street, Port Arthur, Texas 77641, (409) The District reserves the right to reject any or all proposals or any part of a proposal or to accept any proposal or part of a proposal deemed advantageous to the District and to waive any or all informalities. Return the attached proposal in a sealed envelope plainly marked: Sealed Proposal for: Exclusive Soft Drink Contract Date and Time of Opening: Wednesday, July 1, 2009 at 2:00 p.m.

19 Bid List: Beaumont Coca Cola\ Kenneth Moore, District Sales Mgr. PO Drawer 3547 Beaumont, TX Pepsi A. J. Saldana 2750 W. Cardinal Drive Beaumont, Texas Seven Up Bottling Of Beaumont Gary Cannon, Branch Manager 7410 Frint Dr Beaumont, TX 77705