Notice to Responders Request for Sealed Proposal ... · Request for Sealed Proposal . Concessionaire Services . Proposal # 1366 . The Richardson Independent School District (RISD)

RICHARDSON INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT

970 Security Row Richardson, TX 75081

Notice to Responders

Request for Sealed Proposal

Concessionaire Services Proposal # 1366

You are representing to Richardson ISD that you are authorized to submit this bid by signing below. Include this page as a cover to your response.

Company Name:

Address:

City: State: Zip:

Authorized Official Name (print):

Signature of Authorized Official:

Title: Date:

Richardson Independent School District (RISD) must receive all sealed bids no later than 1:30 PM CDT, August 6, 2015. Responses must be submitted in sufficient time to be received and time-stamped at the above location on or before the published bid date and time shown on this RFB. RISD will not be responsible for delayed mail delivery from the post office. Responses received after the published time and date will be considered untimely and will not be considered. Responses will be publicly opened at 2:30 PM the same day. Responses must be sealed and clearly marked on the outside with the company’s name and addressed to:

Richardson Independent School District Attention: Melody Greig 970 Security Row Richardson, TX 75081 Concessionaire Services RFP # 1366

RFP # 1366 Concessionaire Service 1


970 Security Row Richardson, TX 75081

Request for Sealed Proposal

Concessionaire Services Proposal # 1366

The Richardson Independent School District (RISD) is soliciting proposals for Concessionaire Services as per specifications stated in this solicitation document. Sealed proposals shall be submitted in an envelope marked on the outside with the proposer’s name, address and proposal name and number (RFP# 1366 – Concessionaire Services) to: Richardson Independent School District

Purchasing Department 970 Security Row Richardson, Texas 75081

Proposals will be received at the above address until 1:30 P.M. THURSDAY, August 6, 2015. Proposals will be publicly opened at 2:30 PM the same day. Proposals must be submitted in sufficient time to be received and time-stamped at the above location on or before the published date and time shown on the RFP. Richardson Independent school District will not be responsible for delivering mail from the post office. Proposals received after the published time and date may not be considered. FAX proposals will not be accepted. The proposal name and number must be identified on the outside envelope being delivered (i.e. Federal Express, UPS, US Postal Service, and Hand Delivery.) Proposers must submit sealed proposals and (1) copy in the form of the executed Proposal Form together with any material required by any addendum to this RFP by the time and date specified. Proposal prices must remain firm for one-year from date of award for proposal to be considered. This sealed proposal’s award will result in a three (3) year term agreement. RISD’s contact for this sealed proposal is Christie Simpson. Contact between solicited vendors and user departments during the request for sealed proposal process or evaluation process is prohibited. Any attempt by a solicited vendor to contact the departments will result in disqualification. All questions regarding proposals must be submitted in writing, via email, no later than 10:00 A.M., Friday, July 31, 2015 to [email protected].


mailto:[email protected]

RICHARDSON INDEPENDENT SCHOOL DISTRICT CONCESSIONAIRE SERVICES - RFP # 1366

RESPONSE CHECKLIST To be considered a responsive bid, all pages requiring signature must be COMPLETED AND SIGNED with all requested information and returned. Please verify that the documents listed below are included in your bid response prior to the submittal deadline. Failure to return these documents may cause your bid to be rejected.

COVER PAGE

GENERAL INFORMATION - RESPONSE FORM I

COMMISSION/PRICING SHEET – RESPONSE FORM II

DEVIATION COMPLIANCE SIGNATURE – RESPONSE FORM III

REFERENCES – RESPONSE FORM IV

SIGNATURE SHEET/ANTI-TRUST (In the General Terms and Conditions

document)

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS (In the General Terms and Conditions

document)

INTERLOCAL AGREEMENT CLAUSE (In the General Terms and Conditions

document)

CONFLICT OF INTEREST



SCOPE Richardson Independent School District (RISD) is seeking proposals from qualified vendors for Concessionaire Services. All forms must be completed and returned to comply with State of Texas procurement laws. Proposals must be submitted using the following forms in the format provided and using the specified pricing references. Proposals not submitted in RISD’s format or not using the following form may be disqualified. TERM This agreement will be effective from the first date after formal approval by the RISD Board of Trustees, meeting scheduled for September 14, 2015, for three (3) years expiring June 30, 2018. The proposal shall be awarded to the successful vendor by confirmation letter, email, and/or postcard notification.


RICHARDSON INDEPENDENT SCHOOL DISTRICT CONCESSIONAIRE SERVICES- RFP # 1366

GENERAL REQUIREMENTS: 1. It is to be understood that this agreement is not intended to, nor shall ever be deemed or

construed so as to create a partnership between the parties hereto, or make the parties joint ventures, or make RISD in any way responsible for the debts and/or losses of the Concessionaire. It is further agreed and understood that this agreement shall not under any circumstances be deemed to create or constitute an employer-employee relationship between the parties hereto, it being the intent of the parties that Concessionaire provides its services hereunder as an independent contractor. It is understood that the agreement shall remain in full force for the term of the five year agreement. However, it shall be understood that if the Concessionaire should default in any of the provisions, RISD may cancel the agreement upon thirty (30) days written notice to the Concessionaire.

2. Concessionaire represents and warrants that no trustee, officer, employee, student or agent of RISD has been or will be employed, retained or paid a fee, or otherwise has received any personal compensation or consideration by or from the Concessionaire or any of the Concessionaire’s directors, officers, employees or agents in connection with the obtaining, arranging or negotiation of this agreement. It is agreed that this section does not preclude Concessionaire of hiring RISD student, faculty or staff to work in any concession operation so long as no promise of such employment was made in connection with the negotiation of this agreement.

3. Concessionaire will provide concessions for all scheduled indoor and outdoor athletic events for the Richardson Independent School District, hereinafter called RISD, with the following exceptions:

a. Baseball b. Softball c. Junior High Events d. Gymnastics

4. Throughout the term of the concessionaire service agreement, RISD reserves the right to identify

individual athletic or other District sponsored events that would be excluded from this concessionaire agreement.

5. RISD will give Concessionaire reasonable notice if it excludes events from this agreement and

RISD, in its sole discretion, may offer Concessionaire the option of being a service provider during an excluded event.

6. Concessionaire will furnish all supplies, wares, concession and concession equipment

including cooking, service and eating utensils required for its operation and all replacements thereof. Concessionaire is solely responsible for all costs of operating supplies and all services, repair and preventative maintenance, for all items or equipment used in providing concession services.


RICHARDSON INDEPENDENT SCHOOL DISTRICT CONCESSIONAIRE SERVICES- RFP # 1366

GENERAL REQUIREMENTS (cont.): 7. Concessionaire agrees to make best efforts to provide high quality food products and

service under this agreement. All drink products and drink supplies shall be purchased from American Bottling Company/Dr. Pepper/Snapple only. Drink products include all hot and cold, carbonated and non-carbonated, non-alcoholic, natural or artificially flavored drinks for independent consumption, including but not limited to non-alcoholic drinks with nutritive or non-nutritive sweeteners, soft drinks, frozen carbonated and non-carbonated beverages, flavored and/or sweetened mineral water, natural or artificially flavored juices, fruit juice containing drinks and fruit flavored drinks sweetened or unsweetened, tea products, hypertonic isotonic, and hypotonic drinks (sport drinks, energy and fluid replacement), and all drink or beverage bases, whether in the form of syrups, powders, crystals, concentrates or otherwise, from which such drinks and beverages could be prepared. Drink Products do not include coffee products, hot chocolate, milk, and water drawn from public supply or fresh squeezed juice. Drink Supplies include cups which must be approved by American Bottling Company/Dr. Pepper/Snapple and carbon dioxide. All drinks served in cups shall be served in cups purchased from, and approved by, American Bottling Company/Dr. Pepper/Snapple only, as per the District’s beverage and vending contract effective June 10, 2010.

8. Concessionaire shall maintain an adequate staff of employees for effective operation of all

concession sales at all designated activities and will provide adequate supervision. An experienced supervisor shall be on duty during each event.

9. Concessionaire will open all concession stands, fully staffed, approximately 60 minutes prior

to the start of the event or at other times agreed upon by the Concessionaire and the RISD Athletic Director. During Friday night football games, concession stands will be opened 100% of the time with all windows open to ensure shorter lines and faster service.

10. It is understood that the Concessionaire may be called upon to work special events at an RISD facility which are non-athletic events. Every effort will be made to provide a one week notice for such special events.

11. It is understood that the right of Concessionaire to service the RISD Athletic Department facilities is subject to the applicable terms of the agreement between American Bottling Company/Dr. Pepper/Snapple and RISD, in effect June, 2010 through June, 2016, with two additional years for renewal, ending June 2018. If RISD’s agreement with American Bottling Company/Dr. Pepper/Snapple changes, Concessionaire will be notified and shall comply with the RISD beverage company’s terms, including as appropriate, a change of beverage company vendor.



GENERAL REQUIREMENTS (cont.): 12. Concessionaire agrees to use American Bottling Company/Dr. Pepper/Snapple equipment

and products for all drink product needs, as specified in this document. No variance is allowed except upon written approval by RISD which shall only be granted in accordance with the terms set forth in the agreement between American Bottling Company/Dr. Pepper/Snapple and RISD.

13. All menu boards must prominently display trademarks for American Bottling Company/Dr.

Pepper/Snapple products. No trademark for drink products in competition with American Bottling Company/Dr. Pepper/Snapple is permitted.

14. Concessionaire will maintain all equipment which shall be kept clean at all times and shall satisfy the requirements stated in paragraph 18.

15. Concessionaire may be required to remove, at its own expense, its equipment and supplies for cleaning, painting, repairing, etc.

16. Concessionaire is acting as an independent contractor and may freely select and employ its employees and may freely direct all work and assign, transfer or terminate the employment of any of its employees engaged in operation under contract. Upon request by RISD, the Concessionaire agrees to terminate any operation conducted by an employee in violation of such rules and regulations or whose conduct/dress, etc. that is not deemed appropriate for RISD.

17. Concessionaire employees, contractors and sub-contractors must adhere to standards of

conduct that reflect credit upon the employee, Concessionaire, and RISD. In particular, Concessionaire employees and contractors must have the ability to meet and deal with the general public, must understand and conform to the applicable rules and regulations, and must maintain poise and control under pressure. Concessionaire shall be responsible for maintaining satisfactory standards of employee and contractor competency, conduct, appearance, and integrity, and shall take such disciplinary action with respect to employees and contractors as may be necessary to comply with the terms and conditions of this agreement. Concessionaire shall, upon request of RISD, remove employees or contractors from direct contact with customers, or if in the opinion of RISD, circumstances warrant, the removal of the employee or contractor from the RISD premises.



GENERAL REQUIREMENTS (cont.): 18. Concessionaire will be subject to and abide by all federal, state, local and RISD laws,

regulations, ordinances and policies regarding opportunity, affirmative action and discrimination which are applicable to RISD and Concessionaire, in effect at any time during the term of this agreement. In addition, Concessionaire warrants and represents that it will comply with all federal laws, rules and regulations of the Immigration and Naturalization Service, U.S. Department of Justice with respect to the hiring of only those people who are eligible to work in the United States of America.

19. Concessionaire may not assign or sub-contract, in whole or in part, its interests under this

agreement without prior written consent addressed to RISD, c/o Purchasing Department.

20. Concessionaire shall comply with all applicable federal, state and local laws, rules, ordinances, statutes and regulations applicable to operations, including but not limited to, all applicable health, safety, sanitation and building codes, laws, permits and regulations.

21. All products sold will be within the expiration date of product.

22. Concessionaire shall obtain and pay for all required licenses, permits, applications and bonding required by law or this agreement, for the operation of RISD facilities. Concessionaire shall pay all applicable federal, state and local fees, taxes and other applicable charges for which Concessionaire is responsible pursuant to this agreement.

23. Concessionaire shall provide to RISD, copies of all health and/or safety inspection reports

from any governmental entity the next business day, following receipt of report. Furthermore, Concessionaire shall furnish to RISD a copy of all notices, or other correspondence, received by Concessionaire which notifies Concessionaire of non-compliance of any law, code, ordinance or regulation, or otherwise places Concessionaire on notice of a claim or potential claim which may be made against Concessionaire and/or RISD related to Concessionaire operations pursuant to this agreement and Concessionaire further agrees to indemnify and hold harmless the RISD in any matter, or claim resulting from the aforementioned non-compliance.

24. Concessionaire agrees to indemnify, defend and hold harmless RISD from any claim made or fines leveled against RISD by any governmental entity as the result of Concessionaire’s failure to comply with any of the laws, regulations or ordinances addressed. Furthermore, RISD shall have the right to terminate the agreement forthwith, without notice, and without obligation to reimburse Concessionaire if any facility assigned for Concessionaire purposes is found not to be in compliance with applicable laws, regulations and ordinances and such non-compliance or the period given by citing governmental entity to bring the RISD facility to compliance, whichever is less.



GENERAL REQUIREMENTS (cont.):

25. Concessionaire hereby releases and discharges RISD, its trustees, officers, faculty, students,

employees and agents from all claims, actions, and causes of action of every nature including, but not limited to, all losses or reasonable expenses which are caused by the activities of Concessionaire, its officers, employees and agents in connection with the operations covered by this agreement. Further, Concessionaire agrees to indemnify, defend and hold RISD, its trustees, officers, faculty, students, employees and agents harmless from and against any and all liabilities, claims, actions, cost and expense, including reasonable attorney’s fees, arising out of or in connection with Concessionaire agreement with RISD, including those arising from or caused by negligent acts or omissions, or intentional misconduct of Concessionaire, its officers, employees, agents, contractors and representatives, in connection with the operations covered by this agreement.

26. RISD will furnish to Concessionaire the use of the following as is currently available:

a. The available and designated space for operation of the concessions at identified locations as assigned by the RISD Athletic Department. RISD reserves the right to inspect any facility and product line at any time to determine if reasonable product and services are being met as determined by RISD and to forbid sale items to be identified by RISD.

b. All reasonable utilities such as gas, lighting, electrical power and water will be paid for by RISD. The RISD will maintain and repair the available designated space, but normal cleaning and care of equipment shall be the responsibility of the Concessionaire. Necessary cleaning of walls and floors of the used area shall be the responsibility of RISD. Concessionaire shall be solely responsible for bagging and removing trash from within the concession stands to designated trash bins provided by RISD.

c. Concessionaire will make no modifications to any RISD facility without written approval from RISD Executive Director of Facility Services.

27. This agreement is subject to annual District recommendations and formal approval by the RISD Board of Trustees.

28. In the event that this agreement shall be legally terminated and litigation is therefore necessary to evict Concessionaire from any RISD premises, Concessionaire shall pay all reasonable legal fees and all court costs incurred by RISD in connection therewith.




29. The parties agree that all notices therein provided, shall be in writing and shall be hand

delivered or mailed, postage prepaid and addressed as follows:

To RISD: RISD Purchasing Department Attn: Director of Purchasing Richardson ISD 970 Security Row Richardson, TX 75081

30. Equipment owned by the Concessionaire, which for convenience may be taken to the identified premises of the RISD, shall remain the property of the Concessionaire. It is understood that RISD will not be liable for any theft or damages to the equipment or other property owned by the Concessionaire. The Concessionaire agrees to indemnify and hold harmless the RISD in all matters relating to the aforementioned equipment.

31. Concessionaire shall be responsible for the following specified items in carrying out the

terms of this agreement:

a. The gross payroll of the Concessionaire’s personnel necessary to the performance of this agreement who are employed by the Concessionaire on RISD premises.

b. Concessionaire shall secure, pay the premium for, and keep in force until the expiration of this agreement and any extensions thereof, insurance as provided and specified by the RISD:

i. Worker’s compensation insurance is required by laws of the State of Texas, Employer’s Liability coverage of no less than $1,000,000.00. Do you have said coverage? YES____ NO____ If no, what is your coverage amount $________

ii. Comprehensive General Liability insurance with limits of no less than a combined single limit if $1,000,000.00 for bodily injury and property damage. Do you have said coverage? YES____ NO ____ If no, what is your coverage amount? $ _________

iii. Excess Liability = Umbrella Coverage of not less than $5,000,000.00. Do you have said coverage? YES___ NO___ If no, what is your coverage? $________

MUST COMPLETE AND RETURN WITH PROPOSAL



GENERAL REQUIREMENTS (cont.): 32. Concessionaire will provide Certificates of Insurance evidencing each of the above coverages

within twenty (20) days of award, and upon renewals of said policies. Certificates will include:

a. RISD as an additional named insured. b. The insurance company providing the coverage must have an A.M. Best Rate of A+

or better, as of date entering into the contract. c. Concessionaire shall bear the full responsibility for all risk of loss to equipment and

supplies owned by Concessionaire. Concessionaire understands that RSID insurance coverage does not extend to or protect Concessionaire from casualty loss to property owner nor leased or in which RISD has no ownership interest.

33. Concessionaire shall not permit any operation or activity to be conducted, or permit storage

or use of any volatile, hazardous, toxic or any RISD facilities that would cause suspension or cancellation of any fire and extended coverage insurance policy carried by RISD. If Concessionaire’s use and occupancy of the RISD facilities cause an increase in the premium for fire and extended coverage insurance policy carried by RISD, Concessionaire shall pay the increase amount.

34. Concessionaire will pay RISD a percentage commission of the gross sales on all items at all

events and locations, payable and accountable to the Richardson Independent School District or a guaranteed amount annually, whichever is greater, to be payable on or before the anniversary date of this agreement to the Richardson Independent School District. Concessionaire’s proposal shall clearly state the proposed financial terms offered.

35. Prices evaluated and eventually recommended for award within this agreement will be firm on an annual basis. The RISD and awarded Concessionaire will review pricing once a year, prior to the beginning of the new school year (on or around the 1st of June).




36. Proper inventory and collection records shall be maintained by the Concessionaire and a

commission check with a statement of account on each event shall be remitted to the RISD Athletic Department Office not more than ten (10) days following the completion of each event. Such payment will be hand delivered to:

Richardson Independent School District Athletic Office Administrative Building – Annex 400 S. Greenville Ave. Richardson, TX 75081

Should a payment due date fall on a Saturday, Sunday or RISD holiday, that payment shall be delivered on the next business day following the payment due date.

37. Concessionaire will maintain complete and accurate accounts and records of all transactions in providing concession services pursuant to this agreement in accordance with generally accepted accounting principles for a period of at least three (3) years from the close of each year’s operation. Upon written notice, such records and accounts shall be made available for examination and audit at any reasonable time by persons authorized by RISD, all purchases, orders, commitments to vendors, suppliers, building contractors, and banking or at any other time Concessionaire enters a contractual agreement in connection with its operations pursuant to this agreement. Concessionaire shall only use its full corporate name in order to make it clear that any undertaking is Concessionaire’s and not that of RISD. Concessionaire shall at no time, and is not authorized, to make any commitment which purports to bind RISD to anything without written consent of the RISD Athletic Department with a copy provided to the District’s centralized Purchasing Department.

38. It shall be understood that the Concessionaire shall have the exclusive rights, with the

exception of the press boxes during Friday night football, to service the following RISD Athletic Department facilities for specified concessions during the term of this agreement, as well as any authorized school related functions that may be designated by RISD:

Eagle Mustang Stadium Berkner HS Gymnasium Wildcat-Ram Stadium Lake Highlands HS Gymnasium Greenville Ave. Stadium Pearce HS Gymnasium Berkner B Field Stadium Richardson HS Gymnasium Lake Highlands B Field Stadium Pearce B Field Stadium Other locations designated by the RISD Athletic Department or Deputy Superintendent of Financial Services



RESPONSE FORM I – General Information

Please check “Yes” or “No” for the following questions. Yes No Does your company accept purchase orders? Do you understand RISD's payment terms are Net 30? Has your company done business with RISD in the past? Is your company a Historically Under Utilized Business? Does your company or ultimate parent company have its principal place of business in the state of Texas?

Does your company or ultimate parent company employ at least 500 persons in the state of Texas?

COMPANY INFORMATION (Legal Entity Name should be the same name indicated on your company’s tax return) Legal Entity Name: ________________________________________________________ Doing Business As (if different than above): ___________________________________ Address ________________________________________________________________ City/St _________________________________ Zipcode ________________________ Contact Name ___________________________________________________________ Contact Phone ___________________________________________________________ Fax number for purchase orders _____________________________________________ Contact Email Address _____________________________________________________ Signature of Proposer _______________________________ Date _________________




RESPONSE FORM II - Commission/Price Sheet - Pricing may be evaluated on an

annual basis throughout the term of this agreement Commission Percentage: Annual Minimum Percentage:

Please list all products (i.e.: candy bar, drinks, hot dogs), size (sm., med, lg., oz.) and price

PRODUCT SIZE PRICE VENDOR NAME: PROPOSER’S NAME (printed) SIGNATURE of PROPOSER (above) DATE




RESPONSE FORM III - DEVIATION/COMPLIANCE SIGNATURE FORM

Vendor Name:

Vendor Address:

City ST Zip Code

Vendor Phone Number:

Vendor Fax Number:

Email Address:

(please print)

If the undersigned proposer intends to deviate from the Item Specifications listed in this proposal document, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviation in its proposal award decisions, and the District reserves the right to accept or reject any proposal based upon deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the proposer assures the District of his/her full compliance with the Terms and Conditions, Item Specifications, and all other information contained in this proposal document. No Deviation

Yes Deviation

Signature of Proposer Date Signed

List any deviations your company is submitting below (add additional attachment if needed):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________




RESPONSE FORM IV - References

1. Name: ____________________________________________________________

Address: __________________________________________________________

Email Address: _____________________________________________________

Contact Name: ______________________________ Title: __________________

2. Name: ____________________________________________________________

Address: __________________________________________________________

Email Address: _____________________________________________________


3. Name: ____________________________________________________________

Address: __________________________________________________________

Email Address: _____________________________________________________





PROPOSAL EVALUATION

In accordance with Texas Education Code 44.031 (b), RISD will evaluate proposals on the basis of the following criteria. The district shall consider:

a. The Purchase Price (Commission); b. The reputation of the vendor and of the vendor’s goods or services; c. The quality of the vendor’s goods or services; d. The extent to which the goods or services meet the district’s needs; e. The vendor’s past relationship with the district; f. The impact on the ability of the district to comply with laws and rules relating to

historically underutilized businesses; g. The vendor or the vendor’s ultimate parent company of majority owner has its

principal place of business in this state; h. The vendor or the vendor’s ultimate parent company or majority owner employs at

least 500 persons in this state; i. The total long-term cost to the district to acquire the vendor’s goods or services; j. Any other relevant factor specifically listed in the request for proposals or proposals;

Richardson ISD reserves the right to award line item or overall, whichever, is in the best interest of RISD.


RICHARDSON INDEPENDENT SCHOOL DISTRICT Richardson, Texas 75081

GENERAL STIPULATIONS AND CONDITIONS OF PROPOSAL

PROFESSIONAL SERVICES

IF THERE ARE CONTRADICTIONS BETWEEN THE GENERAL STIPULATIONS AND CONDITIONS OF BID/ PROPOSAL AND THE SPECIFICATIONS, WRITTEN OR VERBAL, THE GENERAL STIPULATIONS AND CONDITIONS OF PROPOSAL SHALL CONTROL.

I. INVITATION TO SUBMIT STATEMENT OF QUALIFICATIONS:

A. Richardson Independent School District invites all interested and qualified firms to submit proposals in accordance with directions available in the Purchasing Department, 970 Security Row, Richardson, Texas, 75081.

B. For the purpose and clarity of this document only, the terms “RISD” or “District” will herein mean

the Richardson Independent School District and/or the Board of Trustees of Richardson, Dallas County, Texas. As used herein, the term “Proposer” means any reliable person, entity, broker, vendor, and/or contractor who wants to submit a proposal in response to a Request for Statement of Qualifications (RFQ). The term “Proposal” refers to all responses or proposals submitted hereunder.

C. The District will receive sealed Proposals until date and time indicated on the solicitation cover.

Proposals must be delivered to the RISD Purchasing office, 970 Security Row, Richardson, Texas, where they will be opened.

II. PROPOSAL PREPARATION, SPECIFICATIONS SHEET, AND PROPOSAL OPENING:

A. An authorized representative of the firm must sign all Proposals. It is the intent of this solicitation that should a given Proposal be accepted, it will automatically become a part of a binding contract.

B. At the time RISD opens the Proposals, the responsible Buyer, or his/her designate, shall open and

record all Proposals received. Sufficient time will be allotted to analyze all Proposals received and the final recommendations shall be prepared for District review and approval. The District will follow the review process described in the RFQ.

III. BILLING AND PAYMENT/DISCOUNTING:

A. All invoices shall be submitted in duplicate and mailed in accordance with instructions as shown

on the purchase order (unless otherwise noted). All invoices shall be forwarded to: RICHARDSON INDEPENDENT SCHOOL DISTRICT

ATTENTION: ACCOUNTS PAYABLE DEPARTMENT 970 SECURITY ROW RICHARDSON, TEXAS 75081

B. Invoices will be returned for correction unless they contain a detailed description of the invoiced services that is sufficient to allow the District to ascertain the specific services provided and the dates of services. Any expenses that the District has agreed to reimburse shall be itemized. RISD will not be responsible for normal overhead or overtime costs unless the District has specifically


agreed to such expenses in advance. The original and one copy of the invoice shall be forwarded to the office listed above.

C. Terms for payment: Net 30 days from receipt of complete/correct invoice. All discounts, including

prompt payment, shall be included in bid price. IV. COLLUSION:

A. All Proposers shall sign the appropriate certification as provided on the signature sheet. The District may reject any Proposal that does not include the required certification.

V. COMPLIANCE WITH SPECIFICATIONS:

A. The Proposer shall abide and comply with the true intent of the specifications and not take advantage of any unintentional error or omission.

B. PROPRIETARY INFORMATION – Any information in your proposal that is of a proprietary

nature should be clearly and specifically identified. Such identification shall not limit the District’s right to use such information if it is obtained from another source, or if it comes into the public domain.

C. The District reserves the right to reject any or all Proposals that comply with these specifications, or to accept a higher Proposal price that complies, when, in the judgment of the District, such Proposal offers additional value or function, which justifies the difference in price.

VI. DEVIATIONS FROM SPECIFICATIONS:

All requested deviations from the specifications and requirements stated in the solicitation must be specified in writing by the Proposer at the time the Proposal is submitted. The absence of a written list of requested deviations or exceptions when the Proposal is submitted will hold the firm strictly accountable to the District to the specification or requirement as written. The District reserves the right to reject or modify any requested exception or deviation. Excessive exceptions may result in disqualification of a Proposal.

VII. ERRORS IN PROPOSALS:

Proposers and their authorized representatives shall fully inform themselves as to the conditions, requirements, and specifications before submitting a Proposal. Failure to do so will be at the firm’s risk.

VIII. QUALITY OF PROFESSIONAL SERVICE:

RISD expects that each vendor will perform all contracted services in a good, thorough and professional manner consistent with industry and professional standards for similar services.

IX. SIGNATURE TO BIDS:

Each Proposal must show the full business address and telephone number of the firm and be signed by the person or persons legally authorized to sign contacts. All correspondence concerning the Proposal and contract, including Notice of Award, and Purchase Order, will be mailed or delivered to the address shown on the Proposal in the absence of written instructions from the Proposer to the contrary. The vendor is responsible for notifying RISD in writing of any change of address or contact person.

X. TAXES:

A. The District is exempt from the payment of the Texas Sales Tax. Exemption Certificates for the Federal Excise Tax may be furnished, if such should apply to any item purchased.


B. Prices quoted shall not include federal excise or state sales and use taxes. Exemption certificates will be furnished upon request.

C. The District’s Tax Identification Number is -75-6002311.

XI. DISPUTE RESOLUTION:

Any disputes arising out of Proposal or subsequent contract shall be resolved informally, where possible, through conference with the District official responsible for the professional service area in question. Any dispute that cannot be promptly resolved through informal conference shall be presented to the District in writing pursuant to Board Policy GF-- Public Complaints. The timelines set out in that policy shall be followed. A copy of the policy is available at http://pol.tasb.org/Home/Index/370 or from the Director of Purchasing.

XII. GOVERNING LAW/VENUE:

Any contract resulting from the Proposal and all matters related thereto shall be construed according to the laws of the State of Texas. Venue for any disputes between the parties shall lie in Dallas County, Texas.


http://pol.tasb.org/Home/Index/370

SIGNATURE SHEET AND ANTITRUST CERTIFICATION STATEMENT

(Texas Gov’t Code § 2155.005) My signature below confirms that I: 1. propose to furnish, package, mark, and deliver to the Richardson Independent School

District, the supplies, materials or equipment as required in the accompanying specifications, and at the unit price indicated;

2. certify that this firm is an equal opportunity employer and that all employment decisions

are made without regard to the color, race, sex, national origin, religion, age, or disability status of otherwise qualified individuals; and

3. certify that all material and equipment bid by this firm and to be supplied to the

Richardson Independent School District meets all safety and health standards as prescribed by the rules and regulations of the Occupational Safety and Health Act (OSHA).

My signature below affirms under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership, or individual (Company) listed below;

2. In connection with this bid, neither I nor any representative of the Company has violated

any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

3. In connection with this bid, neither I nor any representative of the Company have

violated any federal antitrust law; and

4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the Company.

COMPANY NAME: BIDDER’S SIGNATURE:

Title: _______________________________________ COMPANY OFFICIAL AUTHORIZING BID: _______________________________________ Title: _______________________________________

DATE SIGNED: __________________________________________________________ ADDRESS:


CITY, STATE, ZIP: __________________________________________________________ TELEPHONE: FAX: E-MAIL: __________________________________________________________ TERMS:

Complete and return with proposal


CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY

MATTERS

I. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

(a) In accordance with the provisions of Appendix A to 49 CFR (Code of Federal Regulations), Part 29, the

offeror certifies to the best of the offeror’s knowledge and belief, that it and its principals:

(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transactions by any Federal, State or Local Government

department or agency;

(2) have not within a three (3) year period preceding this offer been convicted of or had a civil

judgment rendered against them for the commission of fraud or a criminal offense in connection

with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction

or contract under a public transaction; violation of Federal or State antitrust statutes, or

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,

making false statements, or receiving stolen property;

(3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State, or local with commission of any of the offenses enumerated in (a)(2) above; and

(4) have not within a three (3) year period preceding this offer had one or more public transactions

(Federal, State, or local) terminated for cause or default.

(b) Where the offeror is unable to certify to any of the statements above, the offeror shall attach a full

explanation to this offer.

(c) For any subcontract at any tier expected to equal or exceed $25,000:

(1) In accordance with the provisions of Appendix B to 49 CFR, Part 29, the prospective

lower tier subcontractor certifies, by submission of this offer, that neither it nor its

principals is presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from participation in this transaction by any Federal department

or agency.

(2) Where the prospective lower tier participant is unable to certify to the statement, above,

an explanation shall be attached to the offer.

(3) This certification (specified in paragraphs (c)(1) and (c) (2), above, shall be included in

all applicable subcontracts and a copy kept on file by the prime contractor. The prime

contractor shall be required to furnish copies of the certifications to the Authority upon

request.


II. FELONY CONVICTION NOTIFICATION AND CRIMINAL BACKGROUND

CHECK

(a) Offeror must give advance notice to the Owner 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. The District may terminate any Agreement or if the Owner determines that the

person or business entity failed to give notice as required by this paragraph or misrepresented the conduct

resulting in the conviction. This paragraph requiring advance notice does not apply to a publicly held

corporation. :

(b) Offeror will obtain criminal history record information that relates to an employee, applicant for

employment, or agent of the Offeror if the employee, applicant, or agent has or will have continuing duties

related to the contracted services; and the duties are or will be performed on school property or at another

location where students are regularly present. The Offeror certifies to the Owner before beginning work

and at no less than an annual basis thereafter that criminal history record information has been obtained.

Offeror shall assume all expenses associated with the background checks, and shall immediately remove

any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as

defined by Texas law, from Owner property or other location where students are regularly present. District

shall be the final decider of what constitutes a “location where students are regularly present.” Offeror’s

violation of this section shall constitute a substantial failure.

(c) If the Offeror is the person or owner or operator of the business entity, that individual may not self-certify

regarding the criminal history record information and its review, and must submit original evidence

acceptable to the District with this Agreement showing compliance.

Signature below acknowledges compliance with Section I. DEBARMENT,

SUSPENSION, INELIGILITY AND VOLUNTARY EXCLUSION and

Section II. FELONY CONVICTION NOTIFICATION AND CRIMINAL

BACKGROUND CHECK. SIGNATURE OF OFFEROR: DATE: __________________ PRINTED/TYPED NAME OF OFFEROR:____________________________________ COMPANY NAME: ______________________________________ TEL#: ______________________

Complete and return with proposal


RICHARDSON INDEPENDENT SCHOOL DISTRICT

STATEMENT OF EQUAL OPPORTUNITY AND NON-DISCRIMINATION

The Richardson Independent School District is committed to fair and equal competition among all vendors. It is the policy of the Richardson ISD to encourage participation in the competitive bid process by all interested parties. The Richardson ISD does not discriminate against any otherwise qualified vendor because of the vendor’s race, color, national origin, age, religion, sex, or disability.



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 RISD 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 RISD is responsible for complying with any applicable disclosure requirements. RISD will post the completed questionnaires on its website. 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 not 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 http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm. Completed forms should be sent to: Richardson Independent School District Attn: Purchasing Department 970 Security Row Richardson, Texas 75081 The Local Government Officers of the Richardson Independent School District are: Board of Trustees: Kim Caston, President Kristin Kuhne

Justin Bono Kris Oliver Jean Bono Lanet Greenhaw Eron Linn

Superintendent: Kay Waggoner, Ph.D.


http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm


Documents

Notice to Responders Request for Sealed Proposal ... · Request for Sealed Proposal . Concessionaire Services . Proposal # 1366 . The Richardson Independent School District (RISD)