Cameron County Parks Concession: Automated Ice and Water Vending Services – Isla Blanca Park Location #8

1 CAMERON COUNTY PURCHASING DEPARTMENT INVITATION TO BID BID NUMBER: # 1340-8 BID TITLE: CAMERON COUNTY PARKS CONCESSION: AUTOMATED ICE AND WATER VENDING SERVICES-ISLA BLANCA PARK LOCATION # 8 DATE DUE: OCTOBER 25, 2022 DUE NO LATER THAN 11:00 A.M. Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department- 3rd Floor -Room # 345 at 11:01 a.m. (as per Purchasing Dept. time clock) on deadline due date. All Bidders are welcome to attend Bid opening. Please return bid in sealed envelope. Be sure that return envelope shows the Bid Number, Description and is marked “SEALED BID”. RETURN BID TO: by U.S. mail or delivered to the office of Purchasing Dept., County Courthouse (Dancy Bldg.) 1100 E. Monroe St, 3rd Floor, Room 345, Brownsville, Texas 78520 For additional information or to request addendum email: Mike Forbes or Dalia Loera at mforbes@co.cameron.tx.us or

dalia.loera@co.cameron.tx.us Project specific questions should be directed to Joe Vega – County Parks Dept. South Padre Island at (956) 761-3700. You must sign below in INK; failure to sign WILL disqualify the offer. All prices must be typewritten or written in ink. Company Name: ___________________________________________________________________________________ Company Address: ____________________________________________________________________________ City, State, Zip Code: ____________________________________________________________________________ Historically Underutilized Business (State of Texas) Certification VID Number:_________________________________ Telephone No.____________________________Fax No._____________________e-mail_________________________ Print Name:________________________________________Signature:______________________________________ How did you find out about this Bid? ________________________________________(ex: Newspaper, Web, Mail) Is Bidder’s principal place of Business within Cameron County? Yes - No (Your signature attests to your offer to provide the goods and/or services in this bid according to the published provision of this bid. When an award letter is issued, this Bid becomes the contract. If a Bid required specific Contract is to be utilized in addition to this Bid, this signed Bid will become part of that contract. When an additional Contract is required a Bid award does not constitute a contract award and Bid / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued. mailto:mforbes@co.cameron.tx.us mailto:dalia.loera@co.cameron.tx.us 2 CHECK LIST Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Offeror’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your bid packet. _X__ Cover Sheet Your company name, address and your signature (IN INK) should appear on this page. _X__ Instructions to Bidders You should be familiar with all of the Instructions to Bidders. ____ Special Requirements This section provides information you must know in order to make an offer properly. _X__ Specifications / Scope of Work This section contains the detailed description of the product/service sought by the County. Attachments _X__ Attachments A, B, C, D, E, F, G, H, I Be sure to complete these forms and return with packet. Other - Final Reminders to double check before submitting BID ____ Is your bid sealed with bid #, title, Bidder Name, & return address, on outside? ____ Did you complete, sign and submit page 1? ____ Did you complete and submit attachments A,B,C,D,E, F, G, H, I ? ____ Did you provide the number of copies as required on the cover page? ____ Did you visit our website for any addendums? http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_and_tabs.php If not interested in Bidding please let us know why e-mail to: Purchasing@co.cameron.tx.us http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_and_tabs.php mailto:Purchasing@co.cameron.tx.us 3 INSTRUCTIONS FOR SUBMITTING BIDS These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective Bidders (herein after referred to as “Bidders”) on behalf of Solicitations including, but not limited to, Invitations to Bid and Requests for Quotes. Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your bid with all appropriate supplements and/or samples. Prior to returning your sealed bid response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_and_tabs.php Addendums Column (updated Addendums). These Addendums must be signed and returned with your bid in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual Bid award information can be accessed at: http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_and_tabs.php Review this document in its entirety. Be sure your Bid is complete, and double check your Bid for accuracy. Cameron County is an Equal Employment Opportunity Employer. Review this document in its entirety. Be sure your bid is complete, and double check your bid for accuracy. GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the bidder as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Bidder as such. Any bid NOT MEETING the Minimum Requirements specified will be rejected. GOVERNING LAW: This invitation to bid is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, δ262.021 et seq., as amended. Bidders shall comply with all applicable federal, state and local laws and regulations. Bidder is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions results in a change or addition to this Bid, the Change(s) and addition(s) will be forwarded to all Bidders involved (as quickly as possible) in the form of a written addendum only. Verbal changes to Bids must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to Bids will not apply. Sign the Vendor’s Affidavit Notice, complete answers to Attachments A,B, C, D, E , F , G, H, I and return all with your bid. CONFLICT OF INTEREST QUESTIONNAIRE: For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate. Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions. Can be downloaded at the following web site: http://www.co.cameron.tx.us/purchasing/docs/conflictofinterest.pdf DISCLOSURE OF INTERESTS: This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.” http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_and_tabs.php http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_and_tabs.php http://www.co.cameron.tx.us/purchasing/docs/conflictofinterest.pdf 4 Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions. Can be downloaded at the following web site: http://www.co.cameron.tx.us/purchasing/docs/DisclosureofInterest.pdf TEXAS ETHICS COMMISSION FORM 1295 All Bids prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor. All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award . This Certification Form 1295 must be electronically submitted, printed and notarized. Notarized form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of Bid award. There is no charge for this TEC online process. Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm ) If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “ Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions. tab Link: http://www.co.cameron.tx.us/administration/purchasing_department/index.php BIDDER SHALL SUBMIT BID ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE BID PACKET. In the event of inclement weather and County Offices are officially closed on a bid deadline day, bids will be received unit 2:00 p.m. of the next business day. Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock. BIDS SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. BIDDERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding bidders are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: http://www.co.cameron.tx.us/judge/agenda.htm SUCCESSFUL BIDDER WILL BE NOTIFIED BY MAIL. All responding Bidders will receive written notification regarding the outcome of the award. OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other bidders, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your bid package. PLEASE NOTE CAREFULLY THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON YOUR BID. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID. ANY EXCEPTIONS THERETO MUST BE IN WRITING. 1. Each bid shall be placed in a separate envelope completely and properly identified with the name and number of the bid. Bids must be in the Purchasing Department BEFORE the hour and date specified. 2. Bids MUST give full firm name and address of the bidder. Failure to manually sign bid will disqualify it. Person signing bid should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. 3. Bids CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason. 4. Written and verbal inquires pertaining to bids must give Bid Number and Company. 5. NO changes or cancellations permitted without written approval of Purchasing Agent. http://www.co.cameron.tx.us/purchasing/docs/DisclosureofInterest.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.co.cameron.tx.us/administration/purchasing_department/index.php http://www.co.cameron.tx.us/judge/agenda.htm 5 7. The County reserves the right to accept or reject all or any part of any bid, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total bid. Prices should be itemized. County also reserves the right to award either with or without trade-in, if applicable. Cameron County retains the option to re-bid at any time if in its best interest and is not automatically bound to renewal or re-bid. . The County reserves the right to hold all Bids for 60 days from the due date of receipt without actions. 8. This is a bid inquiry only and implies no obligation on the part of Cameron County. 9. Partial bids will not be accepted unless awarded by complete category or line item. To be awarded by total bid. 10. It is expected that the bidder will meet all state and federal safety standards and laws in effect on the date of the bid for the item(s) being specified, and the particular use for which they are meant. 11. It is the responsibility of the bidder to ask any and all questions the bidder feels to be pertinent to the bid. Cameron County shall not be required to attempt to anticipate such questions for bidders. Cameron County will endeavor or respond promptly to all questions asked. 6 CAMERON COUNTY PARKS CONCESSION: AUTOMATED ICE AND WATER SERVICE MACHINE-ISLA BLANCA PARK LOCATION # 8 BID # 1340-8 PART I – GENERAL REQUIREMENTS 1.0 PURPOSE: Cameron County Commissioners' Court will accept bids for the operation of an existing concession business located at 33232 State Park Road 100-South, South Padre Island, Texas. The County will entertain a possible Concession Agreement for the lease of an Automated Ice and Water Vending Machine on an 680 square foot tract of land on the Southern end of South Padre Island. Proposed development site located at the southern end of the Isla Blanca Park Administration office parking lot. Cameron County may enter into a lease for a maximum of five (5) years with an option to renew for an additional five (5) years for this development. Proposer shall be responsible for all improvements including supplying utilities to the site and providing parking spaces for the proposed concession business. The concession business may be used only for the sale of water and ice through the automated vending machine, but absolutely no glass containers of any kind will be allowed to be sold to the public. The objective is to obtain a successful concessionaire which will provide the public with services. The County has the right to suspend the sale of such products with reasonable cause at any time during the term of the concession. 2.0 INCURRED EXPENSES: There is no expressed or implied obligation for Cameron County to reimburse for any expense incurred in preparing bids in response to this request, and Cameron County will not reimburse anyone for these expenses. Cameron County will consider all bids from all responsible bidders. 3.0 CASHIER'S CHECK AND FORFEITURE: Each bid shall be accompanied by a Cashier's Check made payable to Cameron County in the amount of Five Hundred ($500.00) Dollars as a guarantee that if the Bidder receives an award, the Bidder will enter into a contract for services and submit proof of any required insurance. Checks of unsuccessful bidders will be returned. If the successful Bidder fails to satisfy all pre-work requirements or commence work after award, that Bidder shall forfeit this security deposit. Cameron County shall retain it as liquidated damages. 4.0 GENERAL CONDITIONS: Bidders shall thoroughly examine the specific requirements, schedules, instructions and all other contract documents. Bid must set forth accurate and complete information as required by this Bid (including attachments). No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of Cameron County. 5.0. SITE INSPECTION: Before submitting a Bid, Bidders are encouraged to visit the facility and make all investigations and examinations necessary to ascertain site and/or local physical conditions and requirements affecting the full performance of the Concession Agreement and to verify any representations made by the Cameron County, Texas, upon which the Bidder will rely. If the Bidder receives an award because of its Bid submission, failure to have made such investigations and examinations will in no way relieve the Bidder from its obligations to comply in every detail with all provisions and requirements of the Concession Agreement, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Bidder for additional compensation or relief. Failure to do so will not relieve the successful bidder from performing the contract in accordance with all terms and conditions as set forth. Each bidder attests, by signing this Bid that he/she has acquainted themselves with the park sites and fully understands there will be no recourse for negligence or oversight for not doing so. 7 6.0 CONTRACT PERIOD: The Agreement resulting from this Solicitation shall be a Term of the time period specified herein. During the specified time period, the Bidder shall provide food concession services to the County in accordance with the terms and conditions established herein. It is understood that the County does not guarantee any specific amount of food concession business under this agreement. The period of the Contract shall extend for sixty (60) months from the date of Award, beginning March 1, 2023 through February 28, 2028. a) Either party may cancel this Contract, in whole or in part for its convenience, by giving thirty (30) days prior notice in writing. However, the Bidder shall not be authorized to exercise this cancellation option during the first one hundred eighty (180) days of the Contract. b) Contact Joe E. Vega, Director Parks and Recreation Department; phone 956-761-3700 for questions and to make arrangements to inspect park sites. 7.0 BID PRICE: Rent to be paid to the Cameron County Parks & Recreation Department will be on an annual flat rate to be paid as specified in the Concession Agreement on a Monthly basis at 1/12th of the Annual Rate or 10% of gross sales whichever is greater. Security Deposit shall be equal to one (1) month’s rent based on the Flat Rate. a) The Rental amount bid shall remain firm during the period of the Contract. b) BIDDER hereby certifies that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, services or equipment and is in all respects fair and without collusion or fraud. Further, the BIDDER hereby agrees to abide by all terms and conditions of this bid and certifies that the person executing the bid form is authorized to sign this bid for the BIDDER. 8.0 BID EVALUATION AND AWARD: a) The award of the contract shall be made to the responsible Bidder whose bid is determined to be the best offer. The Cameron County Commissioner's Court reserves the right to waive any formality; reject any and all bids; or to award the contract to the responsible concessionaire whose bid is determined to be the best offer, taking into consideration the relative importance of annual flat rates offered. No bid will be entertained that does not meet, at a minimum, the concessionaire's willingness to accept all terms, conditions, restrictions, and other obligations imposed upon the concessionaire in the attached Concession Agreement. However, the County reserves the right to reject any and all bids in accordance with the Cameron County Procurement Policies. b) If two or more fully responsive, responsible bids are received for the same total Base Annual Rent, the County reserves the right to award the contract to the BIDDER whose place of business is located within the boundaries of Cameron County, Texas. Should tie bids, as described above, be received from either two or more Cameron County Bidders or from non-local Bidders when no Cameron County Bidder has submitted a tie bid, then the Board of County Commissioners shall award the contract to one Bidder by drawing lots in a public meeting. c) The current concessionaire if not awarded the bid shall have 30 days from the date of the award of the bid to vacate the premises. 8 9.0 REJECTION OF BID: a) County expressly reserves the right to: 1) waive any defect, irregularity or informality in any bid; 2) reject or cancel any bid or parts of any bid; 3) accept bids from one or more bidders; or 4) procure the services in whole or in part by other means. NOTE: PARTS II, III, AND IV, ALONG WITH THE BID, AND ANY DEVIATION TO WHICH CAMERON COUNTY HAS AGREED, IN WRITING, WILL BE INCLUDED WITH THE CONTRACT. 9 PART II - SPECIFIC REQUIREMENTS 1.0 RESPONSIBILITIES OF THE COUNTY: On South Padre Island (Isla Blanca Park Administrative Office Parking Lot), the County will provide the Bidder a facility capable vending water and ice to the general public. a) County facilities are provided in an "as is" condition. b) The Bidder shall pay for utilities, including water, sewage, and electricity, gas, and telephone usage necessary to provide the services required by this Contract. c) The Bidder shall be responsible for upkeep, repairs, and preventative maintenance in any manner related to the operation of said concession. The County should be notified in writing to any improvements needed to be done to the facility. The County is not responsible for any and all damages to any equipment used by the Bidder. d) The County agrees to establish reasonable procedures that will allow the Bidder to have access to and operate the park concession(s) in accordance with the requirements established herein. 2.0 RESPONSIBILITIES OF THE CONCESSION BIDDER: NOTE: Isla Blanca Park and surrounding areas peak operating season is between the months of March through August, and Bidders should take into consideration when submitting their bid those revenues during the non-peak months may be low. a) The concessionaire shall furnish equipment and fixtures necessary for an attractive display and storage of merchandise. All of the buildings, signage, equipment and fixtures used in any concession operation shall be subject to prior and on-going approval by the Parks Director, or his designee, as to appearance, appropriateness and safety. b) The Bidder (concessionaire) must provide sufficient personnel to supervise and operate the park concession facilities pursuant to the hours established by the Parks Department. Concessionaire shall have the right to adjust the hours during which all or any part of the said concession be open for special functions or at other times, by first securing the consent and approval of the County Park Director in writing. The Concessionaire will provide all authorized services during hours the public can reasonably expect services to be available. Concessionaire will provide an operation plan which will include specific days of operation and hours. Failure to perform services according to schedule without Cameron County approval shall be considered non-performance. c) Concessionaire and their Employees shall observe all applicable County rules and regulations and exercise courtesy and consideration in their relations with the public. The Concessionaire shall require employees who come in contact with the public to wear a uniform or badge, with a name tag, to show they are employees of the Concessionaire. The employees will be allowed access to the concession park location for business purposes only. 10 d) Improvements must meet architectural standards consistent with rest of the park. The Bidder shall provide a cash register and shall have sufficient totals to record major categories, including sales tax, total purchase, must automatically issue an itemized customer receipt showing total amount purchased, date and name of concession, and record all transactions covered under the requirements of this contract. The Bidder must provide a register customer receipt to all customers for all sales. The Bidder will need to permanently affix a sign that informs the public of the following, “If this Concessionaire fails to issue a register receipt after the purchase is complete your service shall be free.” e) The Concessionaire shall comply with the requirements of all applicable Federal and State laws and regulations, as appropriate, relating to health, minimum wage, social security, unemployment insurance, worker's compensation, and equal employment guidelines. f) The Concessionaire shall obtain all necessary licenses and permits as required by law. 1) The County reserves the right to require proof that the Bidder is an established business and is abiding by the ordinances, regulation, and laws of their community and the state of Texas, such as but not limited to: occupational licenses, business licenses, Texas Sales Tax registration, Federal Employers Identification Number, AND; 2) Each firm shall submit with their Bid a copy of, and maintain the appropriate licenses and certificates during the term of the contract and any extensions. Failure to maintain these requirements shall be cause for immediate termination of the contract. g) The Bidder shall maintain financial records in accordance with Part III. h) In exchange for the right to operate the concession, the Bidder(s) shall pay to the County no later than the 10th day of each month, an amount equal to 1/12 of the Annual Guaranteed Amount. Payments received after the 10th of each month will be subject to a late fee of 10% of the Monthly base fee charged and due on a daily basis for each late day. If 10% of the gross receipts received, less sales tax is higher than the Annual Guaranteed Amount paid, the difference will be due at the end of each Anniversary year. 11 PART III – ACCOUNTING PROCEDURES & REVENUES 1.0. ACCOUNTING PROCEDURES: The Bidder shall maintain complete accounting records and implement appropriate accounting controls consistent with good business practices. a. All transactions generated as a result of the operation of the concession(s) shall be accounted for as follows: 1) All sales shall be rung through the concession cash register. 2) Concession receipts shall be reconciled by the Bidder at the end of each month on a "Payment Certification Form" approved by the County. This certification form is to be signed by the Bidder and submitted to the Parks Department, for approval prior to payment of the monthly concession fee by the Bidder to the County. Gross receipts used for computation of the 10% amounts (which would apply at the end of year if it exceeds the Guaranteed Annual amount) for the County shall not include sales taxes. Sales taxes shall be collected by the Bidder and remitted to the State of Texas as required by law. Certification form shall record sales taxes so collected and remitted, for Bidder's records. The Concessionaire shall furnish a monthly financial statement to the Parks Director on or before the 10th day of the succeeding month. The financial statement shall reflect the amount of total gross receipts collected by Concessionaire during the preceding month. Along with the submission of the financial statement, Concessionaire shall include the authenticated total of the total gross sales for Park Concession Operations sold at Parks. Said fee shall be calculated by multiplying the gross receipts of the preceding month by the 10% percent. If no park sales are conducted during the month, a negative sales report shall be provided. Concessionaire shall keep a ledger stating the dates and hours that the concession is in operation in the parks. The ledger shall be signed by park staff each day to acknowledge that the concessionaire is providing the service as stated in the contract agreement. This ledger is to be turned in each month along with the monthly financial statement. b. Concessionaire shall prepare and maintain accurate and complete records reflecting the receipts and expenses under this contract. The Concessionaire shall maintain a separate bank account solely for receipts and disbursements relating to this contract. Concessionaire shall not pay from this account expenses for anything not associated with costs of this contract. Cameron County may audit these records and accounts within a reasonable time. The Bidder's accounting records must be made available for audit/inspection by the County at all reasonable times. 12 PART IV - REQUIRED DOCUMENTATION Please note this Section may not address all documentation required by the BID. The bidder is cautioned to read the entire BID to determine all requirements. CAMERON COUNTY RESERVES THE RIGHT TO REJECT ANY BID WHICH DOES NOT CONTAIN ALL INFORMATION REQUIRED BY THIS BID. Bids shall include all of the information solicited in this BID, and any additional data that the Bidder deems pertinent to the understanding and evaluation of the Bid. The Bidder should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Submittal of a Bid shall constitute the Bidder's agreement and intent to follow and adhere to all statements, offerings and monetary incentives contained within this Bid. In conjunction with other material and information requested in the BID, all Bidders responding to this solicitation shall provide one (1) original and six (6) copies and all attachments of the following in 8 1⁄2 " by 11" format, clearly legible, tabbed and in a binder. To achieve a uniform review process and to obtain a maximum degree of comparability, Cameron County requires that bid information be submitted in the following order: Table of Contents List title of each tabbed section and title of any additional information included in this Bid. Tab 1 - Transmittal Letter a) Submit a signed letter briefly addressing the services to be provided by Bidder. Tab 2 - Proposed Concessionaire Information a) Name of owner/operator b) Address of concession owner/operator c) Telephone & Fax number d) Identification by name and address of principal financial investors/supporters committed to the project, specifying estimated proportionate levels of involvement for each in the total project. e) Include the name and telephone numbers of the designated individual(s), who will answer technical and contractual questions with respect to the bid. f) Beverage operations (whether leased or owned) in operation over the last five (5) years with contact information for landlords where applicable. For county locations, this information should include the following: 1. Name and location of all county operations indicating the two locations Bidder believes to be its best operations 2. Name and telephone number of county contact person 3. Term of lease or concession agreement 4. Gross receipts and number of customers at each location for the past three calendar years 5. Number of employees 6. Basic financial arrangements with each county operator including, but not limited to minimum annual guarantees, percentage of gross receipts payments and investment requirements. 13 Tab 3 - Authorization to Do Business in Texas and Management / Organization Evidence of authorization and certificate of good standing issued by the Secretary of State of Texas indicating Bidder is authorized to conduct business within the State of Texas. Tab 4 - Bid Bond A Bid Bond in the amount of five hundred dollars ($500) shall accompany each Bid submitted as a guarantee that all provisions of the Bid specifications shall be met. Bid bonds will be returned to all unsuccessful Bidders following award by the Cameron County Council and to the successful Bidder following receipt of the Performance Bond. Tab 5 - Minimum Annual Guarantee and Percentage Rental Bidder must submit a list of all concession services to be provided and the percentage of gross receipts sales the County will receive for those services. For the period of time during the term of Concession Agreement for twelve month period, monthly rental shall equal 1/12 of the minimum annual guarantee proposed herein, on a monthly basis. Annual Dollar amount below must be the same for each of the five (5) years and not fluctuate. Annual Guaranteed Flat Rate (to be completed by Bidder) Year 1 ,. Year 2 ,. Year 3 ,. Year 4 ,. Year 5 ,. For the period of time during the term of the Concession Agreement that for the preceding twelve (12) month period, the successful Bidder shall pay the minimum annual guarantee indicated above on a monthly basis or 10 % of the gross receipts whichever is greater. The monthly minimum guarantee shall be due and payable in advance, without demand, by the first of the month. Percentage of gross receipts payments shall be due and payable on or before the 10th day of each month, commencing with the second month in which payments accrue under the Concession Agreement. Percentage of gross receipts payments shall be paid in such a fashion that the County, on a calendar year-to-date basis, will receive the higher of the cumulative minimum annual guarantee or the cumulative percentage of gross receipts payment. The term "Gross Receipts" as used herein shall include all monies paid or payable to the Concessionaire for sales made and/or for services rendered at or from the premises and any other revenue of the type arising out of or in connection with the Concessionaire's operations at the premises, including but not limited to, any sales made or services rendered at or from the premises by concessionaire's agents, subtenants, or subcontractors, provided that Gross Receipts shall not include: a) Any taxes imposed by law which are separately stated to and paid by the customer and directly payable to a taxing authority by the concessionaire. Refunds and credits to customers for services or for merchandise returned or exchanged. 14 b) Amounts and credits received in settlement of claims for loss of, or damage to merchandise. c) Amounts and credits received for merchandise returned to shippers, wholesalers, or manufacturers. d) Amounts received from the sale of waste or scrap material or from the sale or trade-in of fixtures, equipment, or furniture owned by concessionaire. e) The value of merchandise exchanged with or transferred to other operations of concessionaire. f) Tips and gratuities received by employees of the concessionaire, which were not included in the bill presented to the customer. g) Any value gained from trade-out of existing fixtures, furnishings and equipment acquired. Tab 6 – Changes / Deviations Requested changes to Concession Agreement List any requested changes to the draft Concession Agreement. Each requested change shall reference the lease article and page number. All terms and conditions in the Draft Lease Agreement are final unless any requested changes are approved and agreed upon. The County has the right to negotiate the terms and conditions with the selected Bidder. Deviations to terms, conditions and specifications Any deviations from the terms, conditions and specifications listed herein must be clearly indicated; otherwise, it will be considered that the bid offered is in strict compliance with these specifications and the successful Bidder will be held responsible. Tab 7 - References - Mandatory Complete & include Attachment A three (3) references page. References to include (3) three business references and one (1) creditor or bank. Tab 9 - All other information required by this BID (Please note if applicable: All design documents must be reviewed and approved by Cameron County prior to any construction. It is the responsibility of the selected Bidder to obtain and comply with all permits, licenses and authorizations as may be applicable from all governing agencies having jurisdiction over the area to be developed and operated as the Food and Beverage Concession in County Park). Bidder must submit the following documents after contract award: Insurance documentation within ten (10) days from execution of the contract. All other information required in this BID Concession Agreement a) The contents of this BID and all provisions of the successful Bid deemed pertinent by the County may be incorporated into a Concession Agreement and become legally binding. A separate Concession Agreement will be issued. See attached Concession Agreement or preliminary draft. b) The Commissioners Court is the sole Contracting Officer for the County of Cameron, Texas, and only the Court is authorized to make changes to any contract. 15 Award Term 5 years Award will be approved by the Cameron County Commissioners Court. Records & Right to Audit The Bidder shall maintain such financial records and other records as may be prescribed by the County or by applicable federal and state laws, rules, and regulations. The Bidder shall retain these records for a period of three (3) years after final payment, or until they are audited by the County, whichever event occurs first. These records shall be made available during the term of the Concession Agreement and the subsequent three-year period for examination, transcription, and audit by the County, its designees, or other authorized entities. Modifications Due to Public Welfare or Change in Law The County shall have the power to make changes in the Concession Agreement as the result of changes in law and/or Ordinances of Cameron County to impose new rules and regulations on the Bidder under the Concession Agreement relative to the scope and methods of providing services as shall from time- to-time be necessary and desirable for the public welfare. The County shall give the Bidder notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the Bidder. In the event any future change in Federal, State or County law or the Ordinances of Cameron County materially alters the obligations of the Bidder, or the benefits to the County, then the Concession Agreement shall be amended consistent therewith. Should these amendments materially alter the obligations of the Bidder, then the Bidder or the County shall be entitled to an adjustment in the rates and charges established under the Concession Agreement. Nothing contained in the Concession Agreement shall require any party to perform any act or function contrary to law. The County and Bidder agree to enter into good faith negotiations regarding modifications to the lease which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the Concession Agreement, the County and the Bidder shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the Bidder directly and demonstrably due to any modification in the lease under this clause. Right to Require Performance a) The failure of the County at any time to require performance by the Bidder of any provision hereof shall in no way affect the right of the County thereafter to enforce same. Nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. b) In the event of failure of the Bidder to deliver services in accordance with the lease terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Bidder responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have. NON-PERFORMANCE a) Time is of the essence in this contract and failure to deliver the services specified shall be considered a default. b. In case of default, the County may procure the services from other sources and hold the Bidder responsible for all costs occasioned there by and may immediately cancel the contract. 16 Minor Irregularities The County reserves the right to waive minor irregularities in Bids, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County's best interests, and will not affect the outcome of the selection process by giving the Bidder an advantage or benefit not enjoyed by other Bidders. Governing Laws Except to the extent Federal law is applicable, the laws and regulations of the State of Texas, and the County of Cameron, Texas, shall govern the interpretation, effect, and validity of any contract(s) resulting from this BID. Venue of any court action shall be in Cameron County. In the event that a suit is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit. INSURANCE AND LIABILITY During the period of this Contract, contractor shall maintain at his expense, insurance with limits not less than those prescribed below. With respect to required insurance, Contractor shall: a) Name County as additional insured, as its interests may appear. b) Provide County a waiver of subrogation. c) Provide County with a thirty (30) calendar days advance written notice of cancellation or material change to said insurance. d) Provide the County Purchasing Agent at the address shown on Page 1 of this contract, a Certificate of Insurance evidencing required coverage within ten (10) calendar days after receipt of Notice of Award. Also, please assure your certificate contains the contract number as indicated on the Contract Award form when issued by Cameron County. All insurance policies shall be issued by insurers licensed to do business in the State of Texas and any insuring company is required to have a minimum rating of B, Class VIII in the "Best Key Rating Guide" published by A.M. Best & Company, Inc. e) Loss Deductible Clause: The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Bidder and/or subcontractor providing such insurance. f) Submit an original certificate of insurance reflecting coverage as follows: Automobile Liability: Bodily Injury (Each person) ........................ $250,000.00 Bodily Injury (Each accident) ...................... $500,000.00 Property Damage ......................................... $100,000.00 General Liability (Including Contractual Liability): Bodily Injury (Per occurrence) .................... $500,000.00 Bodily injury Aggregate................ ......$1,000,000.00 Property Damage (Per occurrence)...... ......$500,000.00 Property Damage Aggregate..................$1,000,000.00 Fire Damage.......................................$100,000.00 Medical Expense (Anyone (1) person) .......... $5,000.00 17 Excess Liability: Umbrella Form ............................................ Not Required Worker's Compensation: Statutory ................................. g) INDEMNITY The Bidder covenants and agrees that it will indemnify and hold harmless the COUNTY and all of the County’s officers, agents, and employees from any claim, loss, damage, cost, charge, attorney's fees and costs, or any other expense arising out of any act, action, neglect, or omission by Bidder during the performance of the contract, whether direct or indirect, and whether to any person or property to which the COUNTY or said parties may be subject, except that neither the Bidder nor any of its subcontractors, or assignees, will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the COUNTY or any of its officers, agents, or employees. h) PROTECTION OF PERSONS AND PROPERTY 1) The Bidder will take all reasonable precautions for, and will be responsible for initiating, maintaining and supervising all programs relating to the safety of all persons and property affected by, or involved in, the performance of his operations under this contract. 2) The Bidder will take all reasonable precautions to prevent damage, injury or loss to: (a) all persons who may be affected by the performance of his operations, including employees; (b) all materials and equipment; and (c) all property at or surrounding the work site. In an emergency affecting the safety of persons or property, the Bidder will act, with reasonable care and discretion, to prevent any threatened damage, injury or loss. i) Companies issuing the insurance policy, or policies, shall have no recourse against the County for payment of premiums or assessments for any deductibles which all are the sole j) BIDDERS may, at the COUNTY'S request, be required to provide proof that their firm meets the preceding insurance requirements, by submission of Certificates of Insurance Coverage(s), prior to award of the Contract. 18 Bid Title __________________ Bidders Name__________________ Attachment A REFERENCES Please list (3) three references - (1) should be a concessionaire customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this Bid. THIS FORM MUST BE RETURNED WITH YOUR BID. REFERENCE ONE Government/Company Name:______________________________________ Address:___________________________________________________________ Contact Person and Title:_______________________________________________ Phone:_______________________________e-mail address:_______________________ Contract Period:____________________ Scope of Work______________________ REFERENCE TWO Government/Company Name:________________________________________ Address:_____________________________________________________________ Contact Person and Title:________________________________________________ Phone:____________________________ e-mail address:________________________ Contract Period:____________________ Scope of Work______________________ REFERENCE THREE Government/Company Name:___________________________________________ Address:_______________________________________________________________ Contact Person and Title:___________________________________________________ Phone:__________________________ e-mail address:_________________________ Contract Period:_________________ Scope of Work__________________________ 19 BANK OR CREDITOR REFERENCES REFERENCE Government/Company Name:______________________________________ Address:___________________________________________________________ Contact Person and Title:_______________________________________________ Phone:_______________________________e-mail address:_______________________ Contract Period:____________________ Scope of Work______________________ 20 Attachment B STATE OF TEXAS COUNTY OF CAMERON AFFIDAVIT The undersigned certifies that the Bid prices contained in this Bid have been carefully checked and are submitted as correct and final and if Bid is accepted (within 60 days), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. BEFORE ME, the undersigned authority, A Notary Public in and for the State of _______, on this day personally appeared ___________________________________ who, after having first been duly sworn, upon oath did depose and say; That the foregoing Bid submitted by___________________________________ hereinafter called “Bidder” is the duly authorized agent of said company and that the person signing said Bid has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other Bidder. The Bidder is not a member of any trust, pool, or combination to control the price of products or services Bid on, or to influence any person to Bid or not to Bid thereon. I further affirm that the Bidder has not given, offered to give, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discounts, trip, favor, or service to a public servant in connection with the submitted Bid. The contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Bid. Name and Address of Bidder: ________________________________ ________________________________ ________________________________ Telephone number_______________ Fax number_______________________ _______________________________________ Signature Name:__________________________________ Title:__________________________ SWORN TO AND SUBSCRIBE BEFORE ME THIS__________day of____________20_______. ___________________________ _________ Notary Public in and for County State THIS FORM MUST BE RETURNED WITH YOUR BID 21 Attachment C RESIDENCE CERTIFICATION Pursuant to Texas Government Code δ2252.001 et seq., as amended, Cameron County requests Residence Certification. δ2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of δ2252.001 are stated below: “Nonresident Bidder” refers to a person who is not a resident. “Resident Bidder” refers to a person whose principal place of business is in this State, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. � I certify that ______________________________________________________is a Resident (Company Name) Bidder of Texas as defined in Government Code δ2252.001. � I certify that ___________________________________________________ is a Nonresident (Company Name) Bidder as defined in Government Code δ2252.001 and our principal place of business is _____________________________________________________________________. (City and State) Print Name:_____________________________________Signature:____________________________________ THIS FORM MUST BE RETURNED WITH YOUR BID 22 Attachment D CAMERON COUNTY EXPRESSLY REQUESTS THAT BIDDERS / BIDDERS NOT DISCUSS THIS ENGAGEMENT OR THIS BIDDER’S / BIDDER’S PLANS, EXPERIENCE OR CREDENTIALS WITH OTHER BIDDERS / BIDDERS OR ANY MEMBER OF COMMISSIONERS’ COURT, ANY COUNTY OFFICIAL, OR ANY EVALUATION COMMITTEE MEMBER APPOINTED BY COMMISSIONERS COURT. EXCLUDED ARE PRE-BID OR PRE-BID CONFERENCES, EVALUATION COMMITTEE SCHEDULED BIDDER PRESENTATIONS OR BIDDER INTERVIEWS, OR EVALUATION COMMITTEE SCHEDULED EQUIPMENT OR SERVICES DEMONSTRATIONS. YOU MAY CONTACT THE PURCHASING DEPARTMENT AT ANY TIME. FROM BID OPENING DATE THROUGH COMMISSIONERS COURT MEETING FOR SELECTION, VENDORS WILL NOT APPROACH THE COUNTY JUDGE OR COMMISSIONERS TO DISCUSS MATTERS PERTAINING TO THIS BID. 01. Has any individual with the firm submitting this Bid/Bid/Response made any contact with any member of Commissioners Court, any County Official, or an Evaluation Committee member concerning this Invitation to Bid, other than questions to the Purchasing Officer? ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________ 02. Has any individual with the firm submitting this Bid/Bid/Response made any contact with any other Bidder or Bidder concerning this Invitation to Bid? ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________ _________________________________________ _________ Signature of person doing business with the governmental entity Date THIS FORM MUST BE RETURNED WITH YOUR BID 23 Attachment E ORDER NO. 2007O2005 THE STATE OF TEXAS § § COUNTY OF CAMERON § ORDER ADOPTING CONTRACTING RULES FOR PERSONS INDEBTED TO COUNTY WHEREAS, pursuant to V.T.C.A., Local Government Code, Section 262.0276, a commissioners court is authorized to adopt rules permitting a county to refuse to enter into a contract or other transaction with a person indebted to the county; WHEREAS, the Commissioners Court of Cameron County finds it is in the best interest of Cameron County to adopt such rules; NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Cameron County, that the following rules be adopted regarding Cameron County and persons interested in doing business with Cameron County: 1.Cameron County may refuse to enter into a contract or other transaction with a person with a past due debt to Cameron County, including delinquent ad valorem taxes, even if the person is the lowest bidder or successful bidder; and 2.For purposes of this Order, a debt is past due if it is not received in the County Treasurer’s Office by the due date in a written agreement or notice, and ad valorem taxes are past due if not received in the County Tax Assessor/Collector’s Office by February 1st following the January 1st on which the ad valorem taxes are due. 3.For purposes of this Order, a person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability Company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with Cameron County requiring approval by the Commissioners Court. ADOPTED this 13 day of March, 2007. Taxpayer Identification Number (T.I.N.):________________________________________________________ Cameron County Acct #’s :Real Estate ___________________________ Personal Property___________________ 01. Is the person or the firm submitting this Bid current with all local and State taxes? _____________________________________________________________________________________ THIS FORM MUST BE RETURNED WITH YOUR BID 24 Attachment F Certification Regarding Debarment, Suspension Ineligibility As is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 76, Government-wide Debarment and Suspension, in the applicant certifies, to the best of his or her knowledge and belief, that both it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; b. Have not within a three-year period preceding this bid/proposal and/or application been convicted of or had a civil judgment rendered against them for 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, theory, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated herein; and d. Have not within a three-year period preceding this bid/proposal and/or application had one or more public transactions terminated of cause or default. Company’s Name:______________________ Signature: ____________________________ Print Name: ___________________________ Title: __________________________________ Telephone Number: ______________________ Date: ___________________ If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal. THIS FORM MUST BE RETURNED WITH YOUR BID 25 Attachment G CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, Date Received by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2. □ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3.. □. Name of local government officer about whom the information in this section is being disclosed. Name ot Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income from the vendor? □Yes □No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction ot the local government officer named in this section AND the taxable income is not received from the local governmental entity? □Yes □No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer services as an officer of director, or holds an ownership interest of one percent or more? □Yes □No D. Describe each employment or business and family relationship with the local government officer named in this section. 4. □ Signature of vendor doing business with the governmental entity Date Adopted 8/7/2015 26 NEPOTISM CHART AFFINITY KINSHIP Relationship by Marriage The chart below shows • Affinity Kinship (relationship by marriage) • Consanguinity Kinship (relationship by blood) for purposes of interpreting nepotism as defined in VTCA Government Code, Chapter 573, §§573.021 - .025 CONSANGUINITY KINSHIP Relationship by Blood 27 Attachment H DISCLOSURE OF INTERESTS MUST BE FILLED OUT AND SUBMITTED WITH THE BID IF DISCLOSING: BIDDER / PROPOSER MUST ALSO FILE WITH COUNTY CLERK’S OFFICE THE PURCHASING DEPT. WILL NOT BE FILING ON THE BIDDER’S BEHALF Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information. Every question must be answered. If the question is not applicable, answer with “N/A.” By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government. Date ____________ FIRM NAME: _____________________________________________________ ADDRESS:_______________________________________________________ ________________________________________________________________ FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) ____________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each “employee, elected official, or member of Commissioners Court” of Cameron County having Substantial Interest in Business Entity Local Govt. Code 171.002 28 DISCLOSURE OF INTERESTS (CONTINUED) a) For purpose of this chapter, a person has a substantial interest in a business entity if : (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceeds 10 percent of the person’s gross income for the previous year. b) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. c) A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest under this section. Name Title Department CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Cameron County as changes occur. Certifying Person: ________________________________Title:_____________ (Type or Print) Signature of Certifying Person: _______________________ Date: __________ 29 Attachment I HOUSE BILL 89 VERIFICATION I, ____________________________________, [Person Name] the undersigned representative of _____________________________________________________ [Company or Business Name] (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, does hereby depose and verify that the Company named above, under the provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1. Does not currently boycott the country of Israel; and 2. Will not boycott the country of Israel during the term of the contract with Cameron County, Texas. Signature:___________________________ Date:___________________ Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. THIS FORM MUST BE RETURNED WITH YOUR BID 30 GENERAL TERMS & CONDITIONS ( Requests for Bids (RFB)) ADDENDA: If RFB specifications, terms or conditions are revised, the Cameron County Purchasing Department will issue an addendum addressing the nature of the changes and notify interested potential bidders. Bidders must acknowledge receipt and consideration of any such changes by signing the addendum and including it in the package containing the Bidder’s submittal. ADVERTISING: Unless otherwise required by law, bidders responding to County RFBs shall not publish and shall keep confidential their intentions and actions respecting any response to the RFB. AWARD: Cameron County may hold RFB responses for a period of sixty (60) days. Cameron County reserves the right to reject any or all responses to RFBs. Cameron County reserves the right to award a contract, if any, based on the bidder’s response when compared to the EVALUATION CRITERIA (AS STATED IN THE RFB) and, in accordance with the laws of the State of Texas, reserves the right to waive any formality or irregularity, to make awards to more than one bidder. Commissioners Court reserves the right to determine the method and procedures for the final award of the bid at any time they may choose, regardless of the Point System used by the Evaluation Committee. BONDS: If the contract that may be entered into with the County will likely require a performance guarantee or bond, the Purchasing Department will attach a separate page to the RFB explaining those requirements. CANCELLATION AND TERMINATION: In any contract resulting from the RFB, the County shall have the right to cancel all or any part of the undelivered portion of the contract if (1) Bidder breaches any of the terms hereof, including, but not limited to, applicable warranties, and/or the (2) Bidder becomes insolvent or files for bankruptcy. Such right of cancellation is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Cancellation of work hereunder shall be effected by the delivery of a "Notice of Cancellation of Undelivered Work" specifying the extent to which performance of work, including all goods and services, under the contract is cancelled and the date upon which such cancellation becomes effective. The performance of work under any resulting contract may be terminated in whole, or in part, by the County in accordance with this provision. The County shall have the right to terminate all or any part of the contract if (1) the Bidder breaches any of the terms hereof, including, but not limited to, applicable warranties, and/or (2) Bidder becomes insolvent or files for bankruptcy. Such right of termination is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Termination of work hereunder shall be effected by the delivery of a "Notice of Termination" specifying the extent to which performance of work, including all goods and services, under the contract is terminated and the date upon which such termination becomes effective. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by mutual consent of the Bidder and the County. CONTRACT RENEWALS: Contract Renewals must receive Commissioners Court approval. For contract renewal status and information, please contact Elisa Cisneros at 956-982-5405 e-mail: Elisa.Cisneros2@co.cameron.tx.us Cameron County Purchasing Dept. or Dylbia Jeffries 956-550-1340 djefferies@co.cameron.tx.us at the Cameron County Civil Legal Division. Any price escalations are limited to those stated by the original contract terms. All contracts with a one (1) year renewal option require that the Bidder must notify Cameron County of any anticipated price increases in writing at least three months (90 calendar days) prior to the annual renewal award date unless otherwise specified within the specific provisions of the contract up for renewal. This allows the County sufficient time to find an alternative vendor, if possible. If Bidder fails to notify the County within time noted it shall be assumed that there will be no price increase for the following year’s award period if renewed. This procedure does not apply to any contract which allows for Open Market Price increases or Cost allowance increases. mailto:Elisa.Cisneros2@co.cameron.tx.us mailto:djefferies@co.cameron.tx.us 31 DISCRIMINATION: In order to encourage fair employment practices, the Bidder agrees as follows: 1.) Bidder will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national origin; 2) in all solicitations or advertisements for employees, the Bidder will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, handicap or national origin; 3) the Bidder will furnish such relevant information and reports as requested by the County for the purpose of determining compliance with these regulations; and 4) failure of the Bidder to comply with these laws will be deemed a breach of contract and it may be cancelled, terminated or suspended in a whole or in part as a result therof.. DISQUALIFICATION OF BIDDER: Upon submitting a response to this RFB, Bidder certifies that the Bidder has not violated the antitrust laws of this state codified in Texas Business and Commerce Code 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly its RFB considerations, plan or response to any competitor or any other person engaged in such line of business. Any and all responses may be rejected if the County believes that collusion exists among the Bidders. If multiples are submitted by a Bidder and, after all responses to the RFBs are opened one or more of the responses are withdrawn the result will be that all of the responses submitted by that Bidder will be withdrawn; however, nothing herein prohibits a Bidder from submitting multiples for different products or services. EVALUATION: All responses will be evaluated in accordance with law and reviewed to assure they are in the best interest of Cameron County. Evaluations shall be based on criteria bearing on price, and performance of the items or services in the user environment. Any specific criteria section or sections identified elsewhere in the RFB should comply with all RFB requirements, delivery terms and needs of the using department which are considerations in evaluating responses. The Cameron County Purchasing Department reserves the right to contact any Bidder, at any time, to clarify, verify or request information with regard to that Bidder’s response. PROTEST PROCEDURES: Procedure - This protest procedure is available to Bidders responding to this RFB and requesting a debriefing conference. Debriefing Conference – A debriefing conference must be requested in writing to the Purchasing Department within five (5) business days from the date of the RFB award by the Cameron County Commissioners’ Court. Debriefing questions must be submitted in writing to the Purchasing Department no later than two (2) business days before the scheduled date for the Debriefing Conference. These questions will be answered at the debriefing conference. Follow-up questions must be submitted (in writing) no later than one (1) business day after the date of the Debriefing Conference and answered no later than two (2) business days after the date of the Debriefing Conference. Follow-up answers will be sent via e-mail or fax (if e-mail not available). For RFBs, Bidders are given the opportunity to ask questions. Protests are made: 1. To the Purchasing Department after the debriefing conference. Bidder protests shall be received, in writing, by the Purchasing Department within five (5) business days after the debriefing conference. 2. To the Protest Committee, only after the protest to the Purchasing Department was not satisfactorily resolved. Protests to the Protest Committee shall be made within five (5) business days after the Bidder has received notification from the County Purchasing Department of its decision. Grounds for protest: 1. Numerical errors were made. 2. The County failed to follow procedures established in the RFB, the Purchasing policy on acquisitions or applicable state or federal laws or regulations. 3. Bias, discrimination or conflict of interest on the part of an evaluator. Protests not based on these criteria shall not be considered. Format and Content - Protesting Bidders shall include, in their written protest to the Cameron County Purchasing Department, all facts and arguments upon which they rely. Bidders shall, at a minimum, provide: 1. Information about the protesting Bidder; name of firm, mailing address, phone number and name of individual responsible for submission of the protest. 32 2. Information about the acquisition and the acquisition method. 3. Specific and complete statement of the County’s action(s) being protested. 4. Specific reference to the grounds for the protest. 4. Description of the relief or corrective action requested. 5.. For protests to the Protest Committee, a copy of the Purchasing Department’s written decision on the protest. Review Process: 1. Upon receipt of a Bidder’s protest, the Purchasing Department shall postpone further steps in the acquisition process until the Bidder protest has been resolved. 2. The Department’s internal protest review procedures consist of the following: a) The Purchasing Department shall perform an objective review of the protest by individuals not involved in the acquisition protested. The review shall be based on the written protest material submitted by the Bidder. b) A written decision will be delivered to the Bidder within five business days after receipt of the protest, unless more time is needed. The protesting Bidder shall be notified if additional time is necessary. Final Determination: The final determination shall: 1. Find the protest lacking in merit and uphold the agency’s action; or 2. Find only technical or harmless errors in the agency’s acquisition process, determine the agency to be in substantial compliance, and reject the protest; or 3. Find merit in the protest and provide the agency options which may include recommendations to a) correct its errors and reevaluate all RFBs, and/or b) reissue the Bidder solicitation document; or c) make other findings and determine other courses of action as appropriate. Protest Committee Review Process: Protests to the Protest Committee may be made only for Protest Committee approved acquisitions, and only after review by County Purchasing Department. Protests of the decisions of County Purchasing Department shall be made by letter to the Protest Committee, who may establish procedures to resolve the protest. Protests shall be received by the Protest Committee within five business days after the decision of Purchasing Department in order to be considered. The Committee’s decision is final, with no further administrative appeal available. FISCAL FUNDING: A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include a “fiscal funding out” clause. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the Bidder from the using department without penalty of any kind or form to Cameron County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the Bidder. GRATUITIES AND PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: Any elected or appointed official who has any substantial interest, either direct or indirect, in any business entity seeking to contract with the County, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect on the public. However, if a majority of the governing body is also required to file, and do file similar affidavits, then the member is not required to abstain from further participation. Attached and included in this RFB is a disclosure of all of this Company's business or pecuniary financial relationships 33 with officers or employees of Cameron County or County entities (if any such relationships exist) which must be filled out, attached and included with the RFB response. The County may, by written notice to the Bidder, cancel this contract without liability to Bidder if it is determined by County that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Bidder, or any agent, or representative of the Bidder, to any officer or employee of Cameron County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performance of such a contract. In the event this contract is cancelled by County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the costs incurred by Bidder in providing such gratuities. Consistent and continued RFB responses that end in a tie could cause rejection of any RFB response by the County and/or investigation for Anti-Trust violations. Bidder guarantees that he has not retained a person to solicit or secure any contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Bidder for the purpose of securing business. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION: If Bidder is a Certified Historically Underutilized Business (HUB), please include a copy of your HUB Certificate with your RFB response. This information will assist Cameron County in the percentage tracking of HUB utilization. LOCAL BIDDER’S PRINCIPAL PLACE OF BUSINESS - 3% PREFERENCE: (consideration of location) This local preference consideration is allowable for Equipment and Supplies but not allowed for Services and/or Construction related requests. The County Commissioner’s Court may award to the lowest Bidder or the Bidder whose principal place of business is within Cameron County if the Commissioner’s Court determines, in writing, that the local Bidder offers the County the best combination of contract price and additional economic development opportunities for Cameron County created by the contract award, including the employment of residents of Cameron County and increased tax revenues to Cameron County. This option exists only within 3% of the lowest price. In order to provide the County Commissioners Court adequate information in considering this option, the Bidder should submit with each bid response the following information for Commissioners Court’s review with all information requested complete with detailed, current and quantifiable numeric data: 1. Where is your principal place of business (Business Headquarters) City, County, State, Signature of Bidder, Title, Date? Along with this information, submit information with responses to the following questions: a.) Why and how Bidder believes that the local Bidder offers the County additional economic development opportunities for Cameron County created by the contract award? b.) How will award to local Bidder benefit the employment of residents of Cameron County? c.) How many employees does Bidder employ within Cameron County and how many employees are affected financially by award/purchase? d.) How will award to local Bidder increased tax revenues to Cameron County? This information should be provided and updated with each bid response submitted to the County. If Bidder is local and within 3% of the lowest bid price, this information will be submitted to Commissioner’s Court along with tabulation sheet. There has been no mandatory requirement or Policy established by Commissioners Court which requires submitting answers to these questions or attending Commissioners Court meetings for the awarding of RFBs relative to the 3% local preference, however individual Commissioners may or may not have preferences (relative to these issues) when making their decision. This paragraph will be revised upon policy change made by Commissioners Court. INSURANCE: The Bidder shall secure and maintain, throughout the duration of the Contract, insurance of such types and in such amounts as may be necessary to protect the Bidder and the interests of the County against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together with the insurer, shall be acceptable to the County. It shall be the responsibility of the Bidder to maintain adequate insurance coverage at all times. Failure of the Bidder to maintain adequate coverage shall not relieve the Bidder of any contractual responsibility or obligation. 34 MAINTENANCE: Maintenance required for equipment requested in RFBs should be available in Cameron County by a manufacturer authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Cameron County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly. MATERIAL SAFETY DATA SHEETS: Under the "Hazardous Communication Act", commonly known as the "Texas Right To Know Act", a Bidder must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the Bidder to furnish this documentation will be cause to reject any bid applying thereto. NAME BRANDS: Specifications may reference name brands and model numbers. It is not the intent of Cameron County to restrict responses to RFBs in such cases, but to establish a desired quality level of merchandise or to meet a pre- established standard common to similar existing items. Bidders may offer items of equal stature and standard, but the burden of proof of such stature and standard rests with Bidders. Cameron County shall act as sole judge in determining equality and acceptability of products offered. PRICING: Prices for all goods and/or services shall be firm for the duration of the contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the term of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Bidder and included in the price. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Bidder MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. RECYCLED MATERIALS: Cameron County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. County will be the sole judge in determining product preference application. SCANNED RE-TYPED RESPONSE: If in its RFB response, Bidder either electronically scans, re-types, or in some way reproduces the County's published RFB package, then in event of any conflict between the terms and provisions of the County's published RFB specifications, or any portion thereof, and the terms and provisions of the RFB response made by Bidder, the County's RFB specifications as published shall control. Furthermore, if an alteration of any kind to the County's published RFB specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. The manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item needed in the RFB. Substitute items will not be accepted unless approved (in advance). SUPPLEMENTAL MATERIALS: Bidders are responsible for including all pertinent product data in the returned RFB package. Literature, brochures, data sheets, specification information, completed forms requested as part of the RFB package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the Bidder wishes to include as a condition of an RFB response, must also be in the returned in the RFB response package. Failure to include all necessary and proper supplemental materials may be cause to reject the Bidder’s entire RFB. 35 TITLE TRANSFER: Title and Risk of Loss of goods shall not pass to Cameron County until Cameron County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Bidders are advised to consult the using department for instructions. The place of delivery shall be shown under the "Special Requirements/Instructions" section of this RFB package and/or on the Purchase Order as a "Deliver To:" with the address. USAGE REPORTS: Cameron County reserves the right to request, and receive at no additional cost up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this RFB. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Cameron County department with a description, of each item purchased, including the manufacturer, quantity of each item purchased, the per unit and extended price of each item purchased, and the total amount and price of all items purchased. WARRANTY PRICE: (a) The price to be paid by the County shall be that contained in Bidder’s response to the RFB which Bidder warrants to be no higher than Bidder’s current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Bidder breaches this warranty, the prices of the items shall be reduced to the Bidder’s current prices on orders by others, or in the alternative, County may cancel this contract without liability to Bidder for breach or Bidder’s actual expense. (b) The Bidder warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Bidder for the purpose of securing business. For breach or violation of this warranty, the County shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. Bidders shall furnish all data pertinent to warranties or guarantees which may apply to items in the RFB. Bidders may not limit or exclude any implied warranties. Bidder warrants that products sold and services provided to the County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and O.S.H.A. Act of 1970. In the event any product does not conform to OSHA Standards, where applicable, Cameron County may return the product for correction or replacement at the Bidder’s expense. If Bidder fails to make the appropriate correction within a reasonable time, Cameron County may correct at the Bidder’s expense. WARRANTY ITEMS/PRODUCTS: Bidder warrants that products sold and services provided to the County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and O.S.H.A. Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Cameron County may return the product for correction or replacement at the Bidder’s expense. If Bidder fails to make the appropriate correction within a reasonable time, Cameron County may correct at the Bidder’s expense. Bidder shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the County. Bidder warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the RFB invitation and to the sample(s) furnished by Bidder, if any. In the event of a conflict between the specifications, drawings and descriptions, the specifications shall govern. All items must be new, in first class condition, unless otherwise specified. The design, strength, and quality of materials must conform to the highest standards of manufacturing practice. Items supplied under this contract shall be subject to the County's approval. Successful Bidder shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code 36 and be free from all defects in material, workmanship and title. Any items found defective or not meeting specifications shall be picked up and promptly replaced by the successful Bidder at no expense to the County. SAFETY WARRANTY: As noted above, Bidder warrants that the products sold to County shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, County may return the product for correction or replacement at the Bidder's expense. In the event Bidder fails to make the appropriate correction within a reasonable time, correction made by County will be at Bidder's expense. Have you attached the required warranty information to the RFB (if applicable)? “Yes” or “ No” APPLICABLE LAW To the extent it is applicable, this agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning "the Uniform Commercial Code" as adopted in the State of Texas as effective and in force on the date of this agreement. Otherwise, Texas state and federal law shall apply. ASSIGNMENT DELEGATION: No right, obligation or interest in this contract shall be assigned or delegated to another by Bidder without the written permission of the County. Any attempted assignment or delegation by Bidder shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. CONTRACT OBLIGATION: Cameron County Commissioners Court must award any resulting contract and the County Judge or other person authorized by the Cameron County Commissioners Court must sign the contract before it becomes binding on Cameron County or the Bidder. Department Heads are NOT authorized to sign agreements for Cameron County. Binding agreements shall remain in effect until all products and/or services covered by this RFB have been delivered and accepted and all contract requirements have been satisfied ERRORS AND OMISSIONS: Errors and Omissions in the RFB or any provision herein described will not be construed as to relieve the Bidder of any responsibility or obligation requisite to the complete and satisfactory implementation, operation, and support of all obligations under any resulting contract. FORCE MAJEURE: If, by reason of Force Majeure, either party hereto shall be rendered unable wholly, or in part, to carry out its obligations under this RFB and any resulting contract, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely with the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. HOLD HARMLESS AGREEMENT: The successful Bidder, shall indemnify and hold Cameron County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Bidder's performance. Bidder shall procure and maintain, with respect to the subject matter of this RFB, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Bidder's liability as may arise directly or indirectly from work performed and goods or services sold and under the terms of this RFB. Certification