EL PASO COUNTY COMMUNITY COLLEGE DISTRICT El Paso Community College, Purchasing & Contract...

EL PASO COUNTY COMMUNITY COLLEGE DISTRICT

Purchasing & Contract Management


REQUEST FOR PROPOSALS

RFP #16-019

FOOD TRUCK SERVICES – VALLE VERDE CAMPUS

INVITATION

The Board of Trustees of El Paso County Community College District, herein referred to as

"District," is seeking proposals for food truck services at its Valle Verde Campus. Specifications are

contained herein. Proposals will be accepted by the District’s Purchasing & Contract Management

Department, 9050 Viscount, Room A147, El Paso, Texas 79925 (US Postal Service mailing address:

El Paso Community College, Purchasing & Contract Management Department, Room A147, P.O.

Box 20500, El Paso, Texas 79998-0500) until 2:00 p.m. (MST/MDT) on Monday, August 29, 2016.

Respondents shall be aware of the following key closing dates and deadlines:

Monday, August 15, 2016 at 09:00 a.m. (MST/MDT): Pre-proposal conference will be held in

room B240 of the Valle Verde Campus located at 919 Hunter, El Paso, Texas 79915.

Friday, August 19, 2016 at 5:00 p.m. (MST/MDT): deadline for logistical and technical

questions.

Monday, August 29, 2016 at 2:00 p.m. (MST/MDT): deadline for accepting responses.

Wednesday, September 21, 2016: currently scheduled Board meeting approval (date is subject

to change).

Everyone connected with this project needs to be aware that the District’s philosophy is to comply

with all provisions of the Americans with Disabilities Act as well as all other applicable local, state,

and federal laws. It is also our philosophy to use, to the extent possible, Historically Underutilized

Businesses (HUBs) that are so registered in the State of Texas.

Respondents mailing responses should allow sufficient lead time to ensure they are received in the

Purchasing & Contract Management Department on or before the closing date and time stated above.

Misdirected packages will not be accepted after the closing date and time and shall be returned

unopened.

Respondents must exercise care when addressing labels, boxes, envelopes, packages, etc. to ensure

that the Purchasing & Contract Management Department and Room A147 are noted and the correct

“mailing address” above is used for U. S. Postal deliveries; and that all hand carried deliveries

(including waybills provided by courier services) are correctly labeled with the physical address, with

the correct room number noted.

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In addition, all responses must have the outermost box, envelope or package correctly labeled with

the solicitation number indicated in the upper right-hand corner of this page, as failure to comply

may disqualify the submission. The District reserves the right to reject any and all offers, and to

waive all technicalities.

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PUR048 Revised July 2016

EL PASO COUNTY COMMUNITY COLLEGE DISTRICT POST OFFICE BOX 20500

EL PASO, TEXAS 79998-0500

GENERAL CONDITIONS OF CONTRACT

All Offerors must agree to the conditions as stated without alterations. Proposed terms and/or conditions

contrary to the following shall be considered void. An Offeror is defined as a person or company who

makes an offer to provide goods and/or services to the District.

1. Purpose

The purpose of a competitive solicitation is to secure goods and/or services for El Paso County

Community College District, hereinafter called the “District,” on behalf of the Board of Trustees

of the District, hereinafter called the “Board.”

2. Receipt of Offers

Sealed offers will be received by the District as indicated in the Invitation. Responses to Request

for Proposals (RFP), Request for Competitive Sealed Proposals (CSP), and Request for

Qualifications (RFQ) shall not be accepted if in the form of an electronic transmittal of an offer,

whether via facsimile transmission or email. The District will not be responsible for tracking or

confirming receipt of offers or proposal packets.

3. Official and Correct Time

For competitive sealed proposals for services other than construction, the District shall receive,

publicly open, and read aloud the names of the Offerors at the stated deadline for accepting

proposals as indicated on the Invitation.

4. Late Offers

Offers, modifications or withdrawals thereof, received after the time set for the opening will

not be considered. No exceptions.

Offers received after the date and time stated in the Invitation will be returned to the Offeror

unopened. Sufficient lead time should be allowed on mailed offers to ensure receipt by the Office

of Purchasing & Contract Management on or before the date and time of the opening.

5. Property of Offers

All offers become the property of the District and are not alterable or returnable.

6. Offer Preparation

Each offer must be submitted in a sealed envelope bearing on the outside the name of the Offeror,

address, and the offer number. The envelope containing the offer must be sealed and addressed to:

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El Paso Community College

Purchasing & Contract Management Department

Room A147

PO Box 20500

El Paso, Texas 79998-0500

Number and Name of Offer

If forwarded by mail, the sealed envelope containing said offer must be enclosed in another plain

envelope addressed to the Purchasing & Contract Management Department as specified

above.

Hand carried offers shall be addressed, sealed, and delivered to:


Administrative Service Center


9050 Viscount, Building A

Room A147

El Paso, Texas 79925

Number and Name of Offer

Offerors must exercise care when addressing labels, boxes, envelopes, packages, etc. to ensure that

the Office of Purchasing & Contract Management is noted and Room A147 is used to ensure timely

and accurate delivery.

Offers will not be considered unless properly made out on the Proposal Form and signed by the

Offeror. Two copies of the Proposal Form must be submitted of which one (1) must be an original.

District must be able to distinguish between the original and non-original. The Texas Family

Code, Conflict of Interest Questionnaire, and the Felony Conviction forms shall also be signed and

included. The Requests for Qualifications will not contain a “Proposal Form.” Responses to

Request for Qualifications must contain a signed “Letter of Transmittal,” otherwise known as

“Statement of Qualifications,” in order to be considered. The “Letter of Transmittal” (“Statement

of Qualifications”) shall be considered the offer in the case of a Request for Qualifications.

Offers may be either typewritten or written in ink. Offers submitted in pencil will be rejected.

Changes, alterations, or interlineations in the original Proposal Form itself (excluding attachments)

or the “Letter of Transmittal” (“Statement of Qualifications”) in the case of a Request for

Qualifications shall void the offer entirely. Offeror shall not use Liquid Paper™ or similar or

typewriter correction tape, or make other corrections on either of the forms mentioned in this

paragraph before submission. These forms must be free of corrections. Either form may be

downloaded multiple times from www.epcc.edu/purchasing or obtained multiple times at the

physical address of the Purchasing & Contract Management Department stated on the Invitation.

Alternatively, a blank version of either form may be copied multiple times by an Offeror prior to

completion.

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Any explanation or statements which the Offeror wishes to make must be placed in the same

envelope with the offer proper, but shall be written separately and independently from the offer

proper and attached thereto.

Any and all modifications to this solicitation by the District shall be documented by written

addendum only.

Conditional or qualified offers will not be accepted.

Offers will not be accepted: 1) that provide the law of a jurisdiction other than Texas shall be

applicable, 2) or that provide the venue shall be elsewhere than El Paso County, Texas.

7. Offer Submission

All solicitations must be submitted according to instructions contained in this package. Offers

will be accompanied by all forms and sureties required herein.

Bid Bond – Refer to the “Special Instructions” section (present only when applicable).

8. Opinion of Legal Counsel

Offers requiring the opinion of the District’s legal counsel as to the validity and enforceability

of a contract resulting from an offer will not be accepted. Offerors shall obtain any

required legal opinion at their own expense.

9. Award Provisions and Reservations

The District and the Board reserve the right to waive any formalities to reject any and all offers in

whole or in part with or without cause. The intent is to accept the offer(s) that represent(s) best

value or most/best qualified (in the case of RFQ) in the best interest of the District. The Board

specifically reserves the right to reject any offer and may reject any offer that the District cannot

accurately determine the true cost.

The Offeror acknowledges and agrees that any contract awarded for a term exceeding the present

fiscal year shall, and does hereby, include the following language: “The award of this contract is

dependent on the availability of funding. In the event funds do not become available, the contract

may be terminated, or the scope amended. A 180-day written notice will be given to the vendor,

and there shall be no penalty nor removal charges incurred by the District.”

10. Substitution

The use of the name of a manufacturer, brand, make or catalogue designation in specifying an

item does not restrict Offeror to that manufacturer, brand, make, or catalogue designation

identification. This is used simply to indicate the character, quality and/or performance

equivalence of the item desired; but the item on which proposals are submitted must be of such

character, quality, and/or performance equivalence that it will serve the purpose for which it is

to be used equally as well as that specified. In substituting an offer on an item other than

specified, Offeror shall furnish complete data and identification with respect to the equal or

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alternate item(s) proposed. Consideration will be given to offers submitted on alternates to the

extent that such action is deemed to best serve the interest of the District. If an Offeror does

not indicate that the item proposed is other than specified, it will be considered to mean that the

Offeror proposes to furnish the exact item as described.

11. Determination of Equals

Where any article or thing is specified by proprietary name, trade name, name of manufacturer, or

catalogue number, with or without the addition of such expressions as “or equal” or “or approved

equal,” it is to be understood that the article named or the equal thereof, is intended, subject to the

determination of the District as to the equality thereof, and it is distinctly understood (1) that the

District shall use its judgment in determining whether or not any article or thing proposed to be

substituted is the equal of any article or thing specified; (2) that the decision of the District on all

such questions of equality shall be final; and, (3) that in the event of any adverse decision by the

District, no claims of any sort shall be made or allowed against the District.

12. Indemnification

All Offerors must agree, if awarded a contract, to indemnify and save harmless the District, the

District’s Board of Trustees, and the District’s employees from all suits and actions of every nature

and description brought against it or any of them growing out of any contract, written or verbal,

entered into between the District and the successful Offeror, and further, that upon the awarding of

the contract to the Offeror in accordance with these specifications, this agreement of

indemnification shall automatically become effective.

The Offeror, if a party to a contract with the District, shall defend any and all suits brought against

the District, its Board of Trustees, or the District’s employees by any employee or other person

(whether employed by the Offeror or not) for damage to property and/or injury to persons

(including death) alleged or claimed to have been caused by or through the performance by the

Offeror of the work, and shall indemnify and hold harmless the District from and against any and

all claims arising out of work performed by the Offeror, including, by way of example and not

limitation, damage to the building and other property, driveways, streets, and alleys, and all cost

and expenses of suits and reasonable attorney fees. In the event of any such injury (including

death), loss, or damage (or claim or claims thereof), the Offeror shall give immediate notice thereof

to the District.

No Contract shall be executed by the District where the Offeror requires the District to hold the

Offeror harmless or seeks indemnity from the District.

13. Insurance Requirements

An Offeror awarded a contract by the District shall secure, pay for, and maintain until the contract

terminates, such insurance as will protect him/her and the District from claims under Workers’

Compensation Acts, Workers’ Occupational Diseases Act, and from any other claims for damage

to property or for bodily injury (including death) which may arise from operations under this

contract, whether such operations be by anyone directly or indirectly employed by the Offeror.

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Such insurance shall cover all contractual obligations which the Offeror has assumed, including the

“Indemnification”.

Before proceeding with any work, the Offeror shall furnish to the district certificates of

insurance executed by insurance companies, approved by the District, naming the District as

additional insured, to evidence coverage. Such insurance shall be modifiable or cancelable only on

written notice from such insurance companies, mailed to the District ten (10) days in advance of

modification or cancellation; and shall be kept in full force for the duration of the contract period.

In the case of Requests for Proposals and/or Requests for Competitive Sealed Proposals, awarded

Offerors shall provide insurance coverage as per the listed requirements below:

General Liability - $1,000,000 (one million dollars) per occurrence, $2,000,000 (two

million dollars) aggregate and $2,000,000 (two million dollars) products and completed

operations, per project aggregate. For construction contracts, Offeror shall NOT include

Insurance Service Office (ISO) endorsement CG2294 (CG2294 eliminates coverage for

general contractor for the work of sub-contractors).

El Paso County Community College District must be named as an additional

insured as their interest may appear.

Automobile - $1,000,000 (one million dollars) combined single limit.

El Paso County Community College District must be named as an additional

insured.

In the case of Requests for Qualifications, in addition to the aforementioned insurance coverages,

professional Errors and Omissions (E & O) coverage - $1,000,000 (one million dollars).

The District requires a letter from the insurance company advising that no claims are outstanding and

the full limit is available for the coverage listed above.

Employer’s Liability – (Workers’ Compensation) $1,000,000 (one million dollars) each accident,

disease/policy limit.

14. Discrepancies, Omissions, and Interpretations

Any discrepancy, omission, or doubt as to the meaning of the solicitation package shall be brought

to the attention of the Director of Purchasing & Contract Management prior to the opening.

The special attention of the Offeror(s) is directed to the fact that no claims for relief because of error

or omission in the solicitation will be considered, and Offeror(s) will be held strictly to the offer as

submitted.

15. Appearances Before the Board

Except upon invitation by the Board, the President of the Board, or the President of the District, no

person shall appear before the Board or any committee thereof until he or she files a written request

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with the Secretary of the Board. The request to appear before the Board shall be submitted to the

Secretary two (2) work days before the date of the requested appearance. The request should include

a statement as to the reason and substance of the appearance before the Board.

16. Tax Exempt

The District is a tax exempt institution, and as such is exempt from sales, use and other forms of

taxes. Further, the District shall pay no taxes whether provided for in a rental, lease, or other usage

contractual agreement even though title will not pass to the District. The Vendor shall pay all such

taxes, and any form contract to the contrary shall be null and void.

17. Site Inspection

It shall be the responsibility of the Offeror to inspect the District location(s) or campus(es), and to

satisfy themselves as to the conditions under which the work is to be performed. No separate or

independent tours will be provided.

18. Required Permits, Licenses, and Certifications

Unless noted otherwise, respondents shall be responsible for obtaining and absorbing the costs for

any and all required permits, licenses, certifications, and approvals necessary to complete work or

services to be performed.

19. Remaining on Interested Vendor List

If the Offeror cannot or does not wish to submit an offer but desires to remain on the List, please

forward a letter to this effect prior to the posted opening date.

20. Government Code 2252.002. Award of Contract to Nonresident Bidder

“A governmental entity may not award a governmental contract to a nonresident bidder unless the

nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is

not less than the amount by which a resident bidder would be required to underbid the nonresident

bidder to obtain a comparable contract in the state in which the nonresident’s principal place of

business is located.”

21. Americans with Disabilities Act (ADA) and Equal Employment Opportunity Compliance (EEOC)

El Paso County Community College District does not discriminate on the basis of race, color,

national origin, religion, gender, age, disability, veteran status, sexual orientation, gender identity, or

in admission to access to, or operation of its programs, services, and activities pursuant to Title VI

of the Civil Rights Act of 1964 (42 U.S.C. 200d) and the Americans with Disabilities Act of 1990,

Pub. L 101-336.

22. Best Value or Best/Most Qualified

Award of contract shall be based on the offer that represents the best value in the best interest of the

District per Texas Education Code Subchapter B, Section 44.031(b). In the case of a Request for

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Qualifications, award of contract shall be based on the Qualifications Statement that represents the

best/most qualified firm to supply the services.

23. Objections

Objections to the award of a contract must be in writing and timely filed under District Purchasing

Procedure.

24. Vendor Verification

The District may verify that all contract awarded vendors have good standing with the Texas State

Comptroller’s Franchise Tax office and the Better Business Bureau.

25. Signed Forms

Vendor must include in their proposal response the required forms bearing the signature of the

representative with authority to contractually bind the company or firm: Proposal form or Letter of

Transmittal, Family Code form, Felony Conviction form, and Conflict of Interest Questionnaire, as

well as any other applicable documents, as required.

26. Certificate of Interested Parties

An Offeror whose offer is deemed “best value” in the case of an RFP or CSP or “most highly

qualified” in the case of an RFQ and whose offer may result in a contract of $50,000 or more will be

required to comply with Texas Government Code 2252.908 as a condition of contract award.

27. Contract Form

Any contract resulting from an offer shall be in the form specified and approved by the District.

28. Lobbying

All oral and written inquiries or statements regarding a potential contract with the District must be

directed through the El Paso County Community College District’s Purchasing & Contract

Management Department. Potential vendors to the District are hereby advised that lobbying any

District staff, the District’s President, or any member or members of its Board of Trustees is not

permitted and will result in disqualification as outlined below.

Lobbying, in this section, is defined as any action taken by an individual, firm, associate, joint

venture, partnership, syndicate, corporation, or any other individual or group of individuals who

seek(s) to influence a governmental decision regarding the award of business in connection with a

competitive solicitation.

Lobbying by any vendor or potential vendor to the District, or any individual or group as defined

above acting on behalf of a vendor or potential vendor to the District, regarding a current or

impending solicitation advertised or to be advertised by the District, including Requests for Proposals

(RFP’s), Requests for Qualifications (RFQ’s) and Requests for Competitive Sealed Proposals

(CSP’s), will result in the rejection and disqualification of that vendor’s proposal. All RFP’s, RFQ’s

and CSP’s advertised or to be advertised can be found at www.epcc.edu/purchasing

(click on “Solicitations”).

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29. Texas Public Information Act

Offeror acknowledges that the District is subject to the provisions of Texas Government Code,

Section 552, otherwise known as the Texas Public Information Act and that any “record” that is in

the possession of the District, including by way of example and not limitation, any response to a

Request for Proposals, Request for Competitive Sealed Proposals, Request for Qualifications or

Request for Quotes, whether such response is in physical or electronic form, and whether marked

“Confidential,” “Proprietary,” or otherwise, may be subject to disclosure by the District.

Notwithstanding the foregoing, disclosure of information related to a solicitation in progress and not

yet resulting in an executed contract may be made only after the contract is awarded.

30. Confidentiality

When applicable the annexed Confidentiality Agreement (PUR056) shall be a part of these General

Conditions of Contract (General Conditions). The terms outlined in this Confidentiality Agreement

shall become a part of ALL purchase orders issued by the District. Successful Offeror will be asked

to sign this Confidentiality Agreement before a contract is awarded to Successful Offeror if, in the

sole judgment of the District, as part of the contract, data may be conveyed to Successful Offeror

which is or may be considered “Confidential” as defined in said Confidentiality Agreement.

31. General Conditions Prevail

Offeror acknowledges that Offeror has read these General Conditions and agrees that said General

Conditions are hereby incorporated and a part of any Request for Proposals (RFP), Request for

Competitive Sealed Proposals (CSP), Request for Qualifications (RFQ), or Request for Quotes that

the District has issued. Offeror further acknowledges that it shall abide by said General Conditions

at all times and that these General Conditions shall be incorporated into any and all contracts that

result or may result between Offeror and District and further, that these General Conditions shall at

all times prevail in any such contract.

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RFP #16-019


INSTRUCTIONS

1. Proposals received after the stated date and time will be returned to the respondent unopened.

Vendors who mail proposals, should allow sufficient lead time to ensure receipt by the

Purchasing & Contract Management Department on or before the due date and time.

2. All prices shall be F.O.B. El Paso Community College, El Paso, Texas. Proposal prices shall

include all shipping charges, labor cost, and delivery charges. C.O.D and/or after-the-fact

charges will not be accepted.

3. Determination of the equality of substitutes, if any, will be made by the District.

4. Contracts will be awarded in compliance with Texas Education Code, section 44.031. The

District reserves the right to reject any and all proposals and to waive all technicalities.

5. El Paso Community College is a political subdivision of the State of Texas (1-74-1690850-1),

and as such is exempt from all sales and use tax.

6. Proposers shall state, in the space provided on the proposal form, a guaranteed delivery date;

and, after award of a contract to the successful bidders, a schedule shall be set up with the

District to ensure an efficient and coordinated delivery. No delivery shall be made without

prior notification to the District.

7. Delivery and/or installation of all items in the proposal shall be made during normal District

working days and hours, Monday through Friday, 8:00 a.m. until 5:00 p.m. (MDT/MST).

8. When applicable, all equipment proposals shall be accompanied by complete operating

manuals and complete specifications. Written Manufacturer's Warranties shall be included as

part of the proposal.

9. Pricing for this proposal shall remain in effect for at least a period of sixty (60) days following

Board approval. Any price increase shall not be processed unless proposed in writing, and

accepted by an authorized representative of the District in writing.

10. Any and all questions regarding the proposal process and/or specifications shall be submitted

in writing by the date specified on the “invitation.” Timely submission of questions will

allow adequate time for mailing of proposal addenda, if needed, to all proposers of record.

11. Determination of the need for proposal modifications/addenda will be made by the District.

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12. The Family Code, the Felony Conviction, and the Conflict of Interest Questionnaire Forms

must be completed, signed and submitted with the Proposal Response. Failure to comply may

result in disqualification from the process.

13. In awarding contracts, the District may consider the wages and benefits, including health

insurance coverage, paid to the employees of the proposer or vendor to determine the best

value for the District under section 44.031 of the Texas Education Code.

14. It is emphasized that the General Conditions of contract, annexed hereto, shall be a part of any

contract, purchase order, or other agreement issued hereunder to the successful respondent.

Respondents are cautioned to not include contractual provisions that are contrary to those set

out in the General Conditions, including by way of example and not limitation, those

provisions dealing with indemnification.

15. Any possible existence of any potential conflict of interest must be disclosed prior to the

awarding of any contract.

16. A Pre-proposal conference will be held at the Valle Verde Campus, as stated on the invitation.

Interested parties may participate in a site walk-through after the question/answer session.

Although not mandatory, attendance is highly recommended. District will not conduct

additional site visits nor accept any additional requests for site visits.

17. All questions related to this solicitation process, including but not limited to logistical or

technical questions, shall be directed to Mary M. Jáuregui, Bid Specialist, Purchasing &

Contract Management, in writing only via e-mail to [email protected] or hand delivered to

the physical address below, by the deadline as stated on the “invitation.”

18. Sealed proposals, of which one (1) must be an original and signed in ink, will be accepted

by the Purchasing & Contract Management Department at the place, date and time as

indicated on the “invitation.”

Physical Location: El Paso Community College


Room A147

9050 Viscount

El Paso, TX 79925

Mailing Address: El Paso Community College

(U.S. Post Office) Purchasing & Contract Management Department

Room A147

P.O. Box 20500

El Paso, TX 79998-0500

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mailto:[email protected]



RFP #16-019


I. SCOPE OF WORK

The El Paso County Community College District (“District”) is seeking proposals for a food truck

vendor to provide quality food services through a pilot program, not to exceed one (1) year, at

its Valle Verde Campus, 919 Hunter, El Paso, Texas 79915, see Exhibit A, page 21 contained

herein. Through this process, only one (1) mobile food truck will be allowed on campus at

one time. Through this Request for Proposals (RFP), only the Valle Verde Campus is being

considered. Vendor awarded under this RFP is restricted to providing services only at the Valle

Verde Campus, and will not position their food truck at another campus unless independently

awarded under a separate RFP. The awarded vendor should have experience and the capability to

serve a variety of hot and cold food options, sandwiches, bakery goods, soft drinks and other items

typically found on the menu of food catering trucks. Food truck services should include a variety

of healthy food options at a reasonable price that will service students, faculty, staff and community

members during the breakfast, lunch and dinner hours at the Valle Verde Campus. The food truck

service operator shall have exclusive use of a designated food truck service operator parking area.

The District’s objective is to consider proposal offerings to deliver food services which are

colorful, brightly lit, adventuresome and inviting to its customers, while providing a variety of

appealing exotic flavors by bringing the fresh, bright and healthy food option and creating a win-

win scenario. The District encourages high-performance, high quality commercial truck kitchen

equipment to maximize versatility and location by going where the customers are, when they are

there. The selected vendor must have the demonstrated facility to operate a food truck service

program in a major governmental or private sector facility and must have the financial capacity to

ensure uninterrupted service delivery to students, faculty and staff who patronize the facility.

The vendor awarded under this Request for Proposals will be required to comply with the District’s

agreement with Pepsi Beverages Company. The said agreement states that Pepsi Beverages Company

is the awarded supplier and has “…sole and exclusive pouring rights to provide fountain dispensed

carbonated beverages and juices, bottled and canned carbonated beverages and juices vending

machine bottled water as well as carbonated beverages, juices and sports drinks at all dining, vending,

and fixed-location concession and catering locations, except the Early College High Schools, which

are operated by local independent school districts.”

Respondents are advised that the Americana Village Mobile Kitchen Unit located at the Valle Verde

Campus is not a part of this RFP.

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The District will award a contract to one (1) food truck vendor based on the best offerings for menu

choices, prices, food quality, schedule, ease of use and service levels that will best meet the needs of

the Valle Verde Campus population. The term of the Agreement shall be for a period of one (1) year

beginning October 1, 2016 and ending on September 31, 2017. Either party to this Agreement shall

have the right to terminate this Agreement, with or without cause, upon written notice to the other

party at least thirty (30) days prior to the effective date of such termination.

The District does not and will not guarantee sales volume for its food truck concessions. The District,

at its sole option, may expand the requirements of services as required in RFP herein, as the need

arises.

Hours:

The designated day, location, and hours of operation of the food truck will be determined/negotiated

after award of a contract.

The hours during which the campus experiences the highest volume of traffic is 07:30 am – 1:00 pm,

Monday through Friday.

II. SPECIFICATIONS

Respondent Requirements

1. Respondents are required to possess current, applicable permits, licenses and certifications

required for this type of business function to comply with city, state and federal regulations.

Respondents shall submit a copy of their current permit(s), license(s) and certification(s) with

their proposal response.

2. The awarded vendor shall agree to use the designated space for the sole purpose of providing

for the sales of food products as the District might approve in its sole discretion. During the

term of the contract, the District assures the awarded vendor of the exclusive right to sell

approved food products from their food truck at the Valle Verde Campus.

3. Placement of the food truck and operating days and hours shall be decided by the mutual

agreement of the District and the awarded vendor. The District shall have sole right to decline

any location or designate an alternative location at its sole discretion.

4. For the purposes of this agreement, the District shall be represented by the Director of

Purchasing & Contract Management or by his/her designee.

5. Appearance of the awarded vendor’s truck, trade dress, employee uniform, menu boards,

hours of operation and all other operating issues shall be subject to the oversight of the

District. The awarded vendor shall comply with any reasonable requests of the District.

6. Awarded vendor must submit any advertising/marketing materials to the District for review

and approval prior to use.

7. Awarded vendor shall, at its expense, procure and keep in effect all necessary permits and

licenses required for its performance under the contract and shall post or display in a

prominent place such permits and/or notices as required by law, as per, by way of example and

not limitation, the Texas Food Establishment Rules (TFER), Municipal Codes Chapter 9.12

Food & Food Handling Establishments, and Chapter 12.46 Mobile Food Vendors, El Paso

County Food Safety Order. Vendor must furnish an annual copy of all applicable Health

Permits and City Licenses to the District.

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8. Awarded vendor shall not use, occupy or permit any other person or entity to use District

property (the premises) or any portion of the premises in its behalf and shall not use the

premises for any unlawful or hazardous purpose or any act constituting a public or private

nuisance. Awarded vendor shall not engage in any act or thing that may disturb the quiet

enjoyment of any other person at or near the vicinity of the premises; or keep any substance or

carry on any operation that might emit significantly offensive odors into other portion of the

premises, or the adjacent properties; or do anything that would endanger the premises or

increase the insurance rate of the premises or its contents.

9. Awarded vendor shall not make any additions or alterations to the premises without the

express written consent of the District. Awarded vendor shall not alter any improvements,

fixtures, furnishings, and equipment owned by the District or on the premises. At the

expiration of the term or upon termination of this agreement, awarded vendor shall return the

premises to the same condition as it was prior to the date on which vendor first leased or used

the premises.

10. Trucks must be visually acceptable and well maintained, i.e., no dripping of oil or other

contaminants. Trucks must be self-sufficient. No “hook-up” will be provided by the District.

Awarded vendor is expected to comply with all laws, at all times, even as they are enacted or

changed. The District reserves the right to inspect food trucks as it deems necessary, though it

is not required to.

11. The awarded vendor’s employees must not engage in any form of fraternization with the

District’s staff, faculty or students. In the event the District receives complaints of this nature,

the awarded vendor will be required to remove the offending employee from any work

associated with the contract.

12. Rental fee/lease payment will be payable no later than the 10th day of the month following the

month for which sales are recorded. Along with such payment, the awarded vendor shall

provide a reconciliation of sales and inventories for the month for which rent is being paid.

The District may audit such reports and may request additional documentation including but

not limited to sales tax. All checks shall be made payable to El Paso Community College and

sent to the Cashier’s Office, El Paso Community College, Post Office Box 20500, El Paso,

Texas 79998-0500.

13. The District reserves the right to negotiate the exact details of any operating agreement.

14. The District will provide at its expense and its sole discretion, designated space with

appropriate trash container(s). The awarded vendor will be expected to keep the food

preparation and serving areas clean, sanitary and free from refuse and debris at all times in

order to comply with health department food service standards.

15. The District reserves the right to reject any or all proposals for any reason. By offering a

proposal, the respondent acknowledges the right of the District to accept or reject any or all

proposals and to waive any informality in any proposal received. It declares that the proposal

is in all respects fair and without collusion or fraud, and that no officer of the District, or any

person employed by the District, is directly or indirectly interested in the proposal or in any

portion of the proceeds that might result from the Request for Proposals.

16. The District will recommend to the Board of Trustees that the proposal selection be ratified

and a contract be awarded to the successful respondent or respondents, in the District’s best

interest. The contract shall be in the form drafted by the District. Effective contract date will

be upon issuance of an executed contract to the awarded vendor.

17. The apparent silence of the District’s requirements and any subsequent specifications as to any

details or the omission from it of a detailed description concerning any point shall be regarded

as meaning that only the best commercial/professional practices are to prevail and that only

top quality products are to be provided. All interpretations shall be made upon the basis of this

statement.

RFP #16-019

15

18. Neither party may subcontract or assign its rights or obligations under this Agreement to any

other entity or person without the express written consent of the other, which consent may be

withheld at its sole discretion. No waiver by any party of any default or non-performance

shall be deemed a waiver of any subsequent default or non-performance.

19. Respondents are expected to fully review this solicitation before completing and submitting

responses on or before the proposal due date and time.

III. PROPOSAL RESPONSE

The District requests two (2) complete proposal response packets, of which one (1) must be an

original and signed in ink, with all the requested information, documentation, forms, etc. in each

packet.

Respondents should provide in both original proposal packets the information and applicable

documentation to this solicitation as outlined below. RESPONDENTS ARE HEREBY INFORMED

THAT “REQUIRED” ITEMS BELOW NOT SUPPLIED WITH RESPONSE MAY DISQUALIFY

OFFER, AT THE DISTRICT’S DISCRETION.

1. Respondent shall complete and submit the following forms, with signatures in ink where required:

Proposal Form

Proposal Form Attachment A

Attachment B

Attachment C

Family Code Form

Felony Conviction Form

Conflict of Interest Form

2. Respondent shall state the city & state where its headquarters are located on the Proposal Form, page 25. Respondent shall also provide the name and contact information of the authorized vendor representative submitting the proposal on this page.

3. Respondent shall complete and include with their proposal response Proposal Form Attachment A, Schedule of Items and Prices.

4. Respondent shall provide a minimum of three (3) references from organizations where similar and recent services have been regularly provided using Attachment B. The District reserves the right to contact references who can attest to the respondent’s abilities to meet or exceed the District’s requirements.

5. Respondent shall provide the total number of years it has been in business providing the services requested herein under its current name. Firm must also disclose ownership information using Attachment C.

RFP #16-019

16

6. Respondents must have the appropriate insurance as set forth in Section 13 of the General

Conditions (attached herein), at the time of proposal submission. Awarded vendor shall be

required to maintain current proof of insurance on file with the District during the term of

the contract. Respondents shall submit a copy of their current insurance with their proposal

response. E & O insurance is not required.

7. Respondents shall submit a copy of their current permit(s), license(s) and certification(s)

with their proposal response.

8. Respondent shall submit evidence of its motor vehicle safety record for every driver of each

truck. A certified listing of all accidents and violations on record (Type 3A), obtained from

the Texas Department of Public Safety is acceptable. Driver records may be ordered via the

following link: http://dps.texas.gov/DriverLicense/driverrecords.htm.

9. Respondent shall provide a brief history, including the names and credentials of all

personnel that will be involved in providing services through the food truck pilot program.

10. Respondent should describe what separates it from others performing the same service.

11. Respondent should submit evidence that its financial capability is appropriate to the size

and scope of the services being requested. Evidence submitted with the proposal response

will assist the District in the evaluation process based on the criteria contained herein.

12. Respondent should submit a list past and present litigation and lawsuits in which it is a

defendant and describe the circumstances surrounding same; or if none state “none” in the

proposal response. If settled, describe how the litigation was settled.

13. Respondent should include in its proposal response the number of trucks it owns and

actively operates, and what type of food each specializes in.

14. Respondent shall submit with its proposal response colored photographs of the front, back

and both sizes of each truck.

15. Respondents should provide information on the staff and management involved with the

delivery of food truck services.

16. Respondents should provide menu options for breakfast, lunch and dinner.

17. Respondents should provide suggested schedules based on the population needs of the

campus.

18. In consideration for the use of space provided and services provided, the respondents

should include in their proposal type of rental usage fee agreement (daily, weekly or

monthly.)

19. Respondents should provide a quality control plan to ensure customer satisfaction and

consistent delivery of superior service levels.

RFP #16-019

17

20. Respondents should provide estimates of prices for the various food and beverage items

they propose to offer for sale at each food truck. Upon award, vendor shall post all prices

for the foods and beverages offered in an area easily viewed by customers.

21. Respondents should include estimates of prices for the various food and beverage items

they propose to offer for sale at each food truck. Upon award, vendor shall post all prices

for the foods and beverages offered in an area easily viewed by customers.

IV. CONTRACT AWARD

Contract Award will be for a period of one (1) year from award date. No cost to the District will be

allowed, beyond what vendor submits with proposal response for the specific services described

herein.

Each response will be evaluated by a committee against the following weights and criteria to

determine the selection of the most qualified vendor for providing the best value to the District.

For evaluation purposes, the District may request samples of food offerings from a short list of

respondents. Respondents shall be prepared to provide food samples for the evaluation committee.

Evaluation Criteria Points

1. The purchase price. 10

2. The reputation of the vendor and of the vendor’s goods or services. 10

3. The quality of the vendor’s goods or services. 20

4. The extent to which the vendor’s goods or services meet the District's needs. 28

5. The vendor’s past relationship with the District. 1

6. The impact on the ability of the District to comply with laws and rules relating

to Historically Underutilized Businesses. 1

7. The total long term cost to the District to acquire the vendor’s goods or services. 20

8. For a contract for goods and services, other than goods and services related to

telecommunication and information services, building construction and

maintenance, or instructional materials, whether the vendor or the vendor’s

ultimate parent company or majority owner: (A) has its principal place of

business in this state; or (B) employs at least 500 persons in this state.

1

9. Any other relevant factor specifically listed in the request for bids or proposal. 9

Total Points 100

RFP #16-019

18

New Law: Texas House Bill 1295

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the

Government Code. This new law states that a governmental entity or state agency may not enter into

certain contracts with a business entity unless the business entity submits a disclosure of interested

parties to the governmental entity or state agency at the time the business entity submits the signed

contract to the governmental entity or state agency. The law applies only to a contract of a

governmental entity or state agency that either (1) requires an action or vote by the governing body of

the entity or agency before the contract may be signed or (2) has a value of at least $1 million. Note:

The Bylaws of the El Paso Community College’s Board of Trustees require that all contracts valued at

$50,000 or more be approved by its governing body, the Board of Trustees.

The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe

the disclosure of interested parties form, and post a copy of the form on the commission’s website.

The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015.

The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law.

Filing Process:

On January 1, 2016, the commission made available on its website a new filing application that must

be used to file Form 1295. A business entity must use the application to enter the required information

on Form 1295 and print a copy of the completed form, which will include a certification of filing that

will contain a unique certification number. An authorized agent of that business entity must sign the

printed copy of the form and have the form notarized. The completed Form 1295 with the certification

of filing must be filed with the governmental body or state agency (El Paso Community College) with

which the business entity is entering into the contract.

The governmental entity or state agency must notify the commission, using the commission’s filing

application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th

day after the date the contract binds all parties to the contract. The commission will post the

completed Form 1295 to its website within seven business days after receiving notice from the

governmental entity or state agency.

Information regarding how to use the filing application is available here:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Please click on the links under

“Instructional Videos for Business Entities.” The Frequently Asked Questions (FAQ) section is also

very informative.

Summary:

If you submitted an offer that may result in a contract for $50,000 or more, and that offer is accepted

by the El Paso Community College Board of Trustees, then you will be contacted by the Buyer from

the El Paso Community College Purchasing & Contract Management Department who will instruct

you to complete Form 1295 on the Texas Ethics Commission website

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Please note that you must then print

the Form, sign it, have it notarized, and then finally deliver it back to the Buyer at the time that you

sign the contract for the goods and/or services outlined in the solicitation.

Please use the associated solicitation process number at the front of this packet (RFP #16-019) as the

“identification number,” where asked on the aforementioned Texas Ethics Commission website.

RFP #16-019

19

V. LOBBYING

All oral and written inquiries or statements regarding a potential contract with the District must be

directed through the El Paso County Community College District’s Purchasing & Contract

Management Department. Potential vendors to the District are hereby advised that lobbying any

District staff, the District’s President, or any member or members of its Board of Trustees is not

permitted and will result in disqualification as outlined below.

Lobbying, in this section, is defined as any action taken by an individual, firm, associate, joint

venture, partnership, syndicate, corporation, or any other individual or group of individuals who

seek(s) to influence a governmental decision regarding the award of business in connection with a

competitive solicitation.

Lobbying by any vendor or potential vendor to the District, or any individual or group as defined

above acting on behalf of a vendor or potential vendor to the District, regarding a current or

impending solicitation advertised or to be advertised by the District, including Requests for Proposals

(RFP’s), Requests for Qualifications (RFQ’s) and Requests for Competitive Sealed Proposals

(CSP’s), will result in the rejection and disqualification of that vendor’s offer. All RFP’s, RFQ’s and

CSP’s advertised or to be advertised can be found at www.epcc.edu/purchasing (click on

“Solicitations”).

Vendors are reminded to submit all questions, inquiries, or concerns related to this solicitation

process, including but not limited to logistical or technical questions, directly to Mary M. Jáuregui,

Bid Specialist, Purchasing & Contract Management, in writing only, via email to [email protected] or

hand delivered to the District’s physical address, by the deadline as stated on the “invitation.”

VI. TERMINATION

The District reserves the right to terminate this RFP process at any time and for any reason without

award of any contracts and also reserves the right to terminate any contract resulting from RFP

process with thirty (30) days’ written notice. If said contract should be terminated as provided herein,

the District and the awarded vendor will be relieved of all obligations under said contract, except that

both parties will pay the other party any amount of the contract that has actually been performed

through the date of termination.

VII. ADDENDA TO RFP

Addenda will be posted on the District’s website at www.epcc.edu/purchasing, under the

“Solicitations” link. It is offeror’s responsibility to review this site and ascertain whether any

addendums have been issued prior to submission of a proposal.

No oral statement of any person shall modify or otherwise change or affect the terms, conditions or

specifications stated in the RFP, and changes to the RFP, if any, shall be made in writing only.

RFP #16-019

20

http://www.epcc.edu/purchasing

mailto:[email protected]

http://www.epcc.edu/purchasing

EXHIBIT A


Valle Verde Campus

919 Hunter Drive

El Paso, Texas 79915

http://www.epcc.edu/CampusMaps/Pages/ValleVerde.aspx

END OF EXHIBIT A

RFP #16-019

21

http://www.epcc.edu/CampusMaps/Pages/ValleVerde.aspx



RFP #16-019


PROPOSAL FORM

Proposal of ____________________________________________________________________________

(hereinafter called "respondent") organized and existing under laws of the State of _________

______________________________doing business as ( ) a Corporation, ( ) a Limited Liability

Corporation

( ) a Partnership, ( ) an Individual/Sole Proprietor ( ) or Other ___________________________________.

In Compliance with your Advertisement for Proposals, Respondent hereby promises to provide the goods

or services contained herein, in strict accordance with Contract Documents, at the prices stated below.

By submission of this Proposal, each Respondent certifies that this Proposal has been arrived at

independently, without consultation, communication or agreement as to any matter relating to this Proposal

with any other Respondent or with any competitor.

Further, I as duly appointed representative of Respondent, affirm under penalty of perjury of the laws of the

State of Texas that:

(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation,

firm, partnership or individual (hereinafter referred to as “Company”) listed below;

(2) In connection with this Proposal, neither I nor any representative of the Company have violated any

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

(3) In connection with this Proposal, neither I nor any representative of the Company have violated any

federal antitrust law; and

(4) Neither I nor any representatives of the Company have directly or indirectly communicated any of the

contents of this Proposal to a competitor of the Company or any other company, corporation, firm,

partnership or individual engaged in the same line of business as the Company.

Respondent agrees to provide all the goods or services described in the contract documents.

RFP #16-019

22

I. Proposed Rental Fee/Cost Proposal

Amount respondent proposes to pay per month for rental space: _________________________________.

Written Dollar Amount

II. Proposal Response

Each of the following items listed below must be included in your response packet. Forms should be

completed and bear the respondent’s signature(s) in ink where required:

Proposal Form – Signature Required

Proposal Form Attachment A – Schedule of Items and Prices, Signature Required

Attachment B - References

Attachment C – Qualification Statement

Evidence of compliance with the District’s insurance requirement.

Evidence of motor vehicle safety record for every driver of each truck.

Family Code Form – Signature and SSN Required

Felony Conviction Form – Signatures Required

Conflict of Interest Form – Name of Vendor, Signature and Date Required

Respondent proposes the following day(s) and hour(s) of operation:

Day of the week Hours(s) of operation

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Refer to Section III. Proposal Response (pages 16-18) for any additional items to be included with

your proposal.

III. Additional Vendor Information

1. Where is the principle place of business for your organization’s parent company or majority owner?

___________________________________________________________________________________

2. How many persons does your organization employ in Texas? ______________________________

RFP #16-019

23

3. Provide information on the impact on the ability of the District to comply with laws and rules relating

to historically underutilized businesses that a contract with your organization would have:

Attach additional sheets as necessary.

IV. Addenda (If applicable)

Receipt of the following listed addenda to RFP #16-019 is acknowledged:

Addendum Number ______ Date ______________



RFP #16-019

24

By signing below, respondent agrees to maintain the proposed offer and offered amount for twelve

(12) months (contract term). The respondent further acknowledges their understanding that this is a

Request for Proposals and as such, the District will award according to the criteria contained herein.

Proposal submitted by (Company Representative with authority to contractually bind Company):

State company headquarters information below:

Company Name (Signature)

Company Headquarters’ Physical Address Name (Printed)

City, State, Zip Code Title

Telephone Fax Number

Date E-mail

Federal Tax ID Number Web Address (if available)

RFP #16-019

25

PROPOSAL FORM ATTACHMENT A

SCHEDULE OF ITEMS AND PRICES

The respondent shall furnish a list of all items on the menu and services necessary and required to provide the

service in accordance with the scope of services.

(Complete the form below, in ink, or submit your menu with pricing.)

Item Description Unit Cost Extended Cost

1 $ $

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Subtotal Menu Items $

Submitted by (Company Representative with authority to contractually bind Company):

Signature

RFP #16-019

26

Other Description Unit Cost Extended Cost

21 $ $

22

23

24

Total items 1-24 $

Submitted by (Company Representative with authority to contractually bind Company):

Signature

END OF PROPOSAL FORM ATTACHMENT A

RFP #16-019

27

PUR031 Revised May 2016

ATTACHMENT B

List three (3) references of educational institutions or current commercial customers who can verify the quality of service your company provides. Provide customers of similar size and scope of work as noted herein.

Reference One

Business Name: _______________________________________________________________________

Full Address: ________________________________________________________________________

Contact Person/Title: __________________________________________________________________

Telephone: ___________________ Email Address: _________________________________________

Description of Service: _________________________________________________________________

_____________________________________________________________________________________

Reference Two

Business Name: _______________________________________________________________________

Full Address: ________________________________________________________________________




_____________________________________________________________________________________

Reference Three

Business Name: _______________________________________________________________________

Full Address: ________________________________________________________________________




Vendor Name:

RFP #16-019

28

PUR032 Revised May 2016

ATTACHMENT C

VENDOR’S QUALIFICATION STATEMENT

1. How many years has your organization been in business under its present business name?

_________________________

2. If a corporation, answer the following:

Date of incorporation: __________________ State of incorporation: ___________________

President: _______________________________________________________

Vice-President(s) _________________________________________________

Secretary: _______________________________________________________

Treasurer: _______________________________________________________

3. If a Partnership, answer the following:

Date of organization: _____________________________________

Type of Partnership: _____________________________________ (i.e. general, limited)

Name and address of all partners:

_____________________________________________________________________________

_____________________________________________________________________________

4. If other than a corporation or partnership, describe organization and name principals:

____________________________________________________________________________

RFP #16-019

29

PUR025 Revised February 2014

Texas Family Code

“Under Texas Family Code, Section 231.006 a sole proprietorship, partnership, corporation, or

other entity in which a sole proprietor, partner, a majority shareholder of a corporation or an

owner of 25% or more of another business entity is 30 days or more delinquent in paying child

support under a court order or a written repayment agreement is not eligible to bid on or receive

a state contract.”

“Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or

business entity named in this contract, bid, or application is not ineligible to receive the specified

grant, loan, or payment and acknowledges that this contract may be terminated and payment may

be withheld if this certification is inaccurate.”

To comply with Section 231.006, the following affidavit must be signed by the person who is

authorized to sign and submit a bid, and thereby bind the bidder, and it must be returned with the

bid.

“I , am authorized to sign this bid on Name of Bidder

behalf of __________________________________________________________, Name of Bidder

I certify that no _____________________________________________________ Insert sole proprietor for sole proprietorship, partner for a partnership, majority shareholder for a corporation or 25% or more owner for other entity

is 30 days or more delinquent in child support payments required by court order or

written repayment agreement.”

Signature Date______________________

Social Security # ______________________

A bid or an application for a contract, grant, or loan paid from state funds must include the name

and social security number of the individual or sole proprietor and each partner, shareholder, or

owner with an ownership interest of at least 25 percent of the business entity submitting the bid

or application.

RFP #16-019

30


Felony Conviction/ Clean Air/Federal Debarment Notice

Texas Education Code Provision 44.034:

NOTIFICATION OF CRIMINAL HISTORY OF CONTRACTOR

A person or business entity that enters into a contract with a school district must give advance notice to the

district if the person or an owner or operator of the business entity has been convicted of a felony. The

notice must include a general description of the conduct resulting in the conviction of a felony. Texas Education Code 44.034 (a)

A school district may terminate a contract with a person or business entity if the district determines that the

person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct

resulting in the conviction. The district must compensate the person or business entity for services

performed before the termination of the contract. Texas Education Code 44.034 (b)

This section does not apply to a publicly held corporation. Texas Education Code 44.034 (c)

I, the undersigned agent for the firm named below, certify that the information concerning notification of

felony convictions has been reviewed by me and the following information furnished is true to the best of

my knowledge.

Firm’s Name: ______________________________________________________________

Firm’s Representative’s Printed Name: ___________________________________________

Date: _________________________

1. Please choose one, per the below listed criteria:

a. My firm is not owned or operated by anyone who has been convicted of a felony:

__________________________________________________________________ Firm’s Representative’s Printed Name Signature

b. My firm is owned or operated by an individual(s) who has/have been convicted of a felony:

__________________________________________________________________

Name of felon(s)

Reason for conviction: ________________________________________________________

(Attach additional sheets as necessary)

__________________________________________________________________________

Firm’s Representative’s Printed Name Signature

c. This firm is a publicly held corporation, therefore, we are exempt from this

requirement.

__________________________________________________________________________

Firm’s Representative’s Printed Name Signature

RFP #16-019

31


2. I hereby further certify that this firm has not been debarred, suspended or otherwise made ineligible for

participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,”

as described in the Federal Register and Rules and Regulations.

Signature of Firm’s Representative: ____________________________________________________

3. This firm is in compliance with all applicable standards, orders or regulations issued pursuant to the

Clear Air Act of 1970, as amended (42 U.S.C. 7606), Section 508 of the Clean Water Act, as amended (33

U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency Regulation, 40 CFR Part 31

and as required under OMB Circular A-102, the grantor agency and to the United States Environment

Protection Agency Assistant Administrator for the Enforcement.

Signature of Firm’s Representative: ____________________________________________________

RFP #16-019

32

El Paso County Community College District Purchasing & Contract Management Department

About Us The El Paso County Community College Districts’ Purchasing & Contract Management Department is comprised of the

following individuals:

Director, Purchasing & Contract Management Ruben C. Gallardo, C.P.M. Room A147G

Telephone: (915) 831-6306

Fax: (915) 831-6490

E-mail: [email protected]

Mr. Gallardo oversees all the activities of the Purchasing &

Contract Management staff. The director ensures that all

purchasing related processes are in compliance with the

provisions of established statutes at the State and Federal

level, as well as El Paso County Community College District

established policies and procedures. Mr. Gallardo also

handles several commodities primarily in the construction

and insurance areas, and is responsible for overseeing all

vendor agreements resulting from competitive solicitations.

The office of the director reviews all purchasing contracts

the District initiates. Additionally, the director ensures that

the District's purchasing processes meet current business

standards and ensures processes are conducted in an

efficient and effective manner

Purchasing Systems Assistant Rebecca VasquezRoom A147L

Telephone: (915) 831-6310

Fax: (915) 831-6490


Ms. Vasquez provides database training, processes all

purchasing requisitions and reports associated with

purchasing transactions. Becky also researches and

identifies financial database system related needs, and

trouble-shoots issues relating to the financial database as

well as issues pertaining to the purchasing transactions. She

is the "resident" expert on requisition and purchase order

flow within the Banner Financial Database.

Purchasing Specialist Liz OntiverosRoom A147H

Telephone: (915) 831-6496

Fax: (915) 831-6452


Buyers Art Gonzalez Room A147C

Telephone: (915) 831-6311

Fax: (915) 831-6490


Debbie Espinoza, CPPB Room A147J

Telephone: (915) 831-6309

Fax: (915) 831-6490


John TharpRoom A147A

Telephone: (915) 831-6308

Fax (915) 831-6490


Al Trujillo Room A147B

Telephone: (915) 831-6550

Fax: (915) 831-6490


Buyers are responsible for managing all procurement

activity related to the assigned commodities in support of

operations and instruction for the District.

Bid Specialist Mary JáureguiRoom A147I Telephone: (915) 831-6305

Fax: (915) 831-6490

Email: [email protected]

Ms. Jáuregui is responsible for the processing of all

competitive solicitations, works with the buyers and director

in ensuring process is documented and all required

documents are processed efficiently.

Purchasing Clerk Antonia RaygozaRoom A147L

Telephone: (915) 831-6304

RFP #16-019

33

Mrs. Ontiveros is responsible for the vendor master input

and database maintenance for the vendor

accounts. She receives all vendor master forms to review,

update, and generate vendor records. She is also responsible

for administering and monitoring district-wide, all aspects

of major contracts including the District's insurance policies

and claims, coordinates the use of off-campus facilities for

instructional purposes, and processes the services

agreements for the District. Additionally, Liz also serves as

a resource and support person to the buyers, the Purchasing

& Contract Management director, and District staff who

process purchasing transactions.

Fax: (915) 831-6490


Mrs. Raygoza also processes and distributes all transactions

related to the procurement process. Toni serves as a resource

and support person to the buyers, the Purchasing & Contract

Management director, and college staff who process

purchasing transactions. Her position is key to the efficient

and timely processing of purchasing requisitions and

purchase orders.

Purchasing File Clerk Zaida Jimenez Room A147K

Telephone: (915) 831-6307

Fax: (915) 831-6490


Ms. Jimenez is responsible for the filing and maintaining of

all open and complete purchase orders, contracts and bid

files. Additionally, Zaida also serves as a support person to

the Purchasing & Contract Management Department and

college staff.

El Paso County Community College District Board of Trustees

Mr. Art Fierro Chair of the Board

District 6, Southeast

Mr. Brian Haggerty Vice Chair of the Board

District 2, Northeast

Ms. Selena N. Solis

Board Secretary

District 4, Central/South

Mr. John E. Uxer, Jr. District 1

Westside

Ms. Belen Robles District 3

Central

Dr. Carmen Olivas Graham District 5

East

Mrs. Gracie Quintanilla District 7

Lower Valley

RFP #16-019

34

April 24, 2015

Dear Vendor:

Chapter 176 of the Texas Local Government Code now requires that the enclosed conflict

of interest questionnaire be completed and filed with the College. It is respectfully

requested that you acquaint yourself with the appropriate code provisions and submit the

questionnaire to me along with your proposal response.

You should feel free to contact the Texas Ethics Commission at 201 East 14th Street, 10th

Floor, P.O. Box 12070, Austin, TX 78711-2070, (512) 463-5800. This commission

promulgated the questionnaire and instructions. The College is implementing this

statutory requirement.

Thank you for your cooperation,

Ruben Gallardo, C.P.M./mmj

Director, Purchasing & Contract Management

Cc: Competitive Solicitation File

RFP #16-019

35

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

FORM CIQ

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor whohas a business relationship as defined by Section 176.001(1-a) with a local governmental entity and thevendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not laterthan the 7th business day after the date the vendor becomes aware of facts that require the statement to befiled. 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. Anoffense under this section is a misdemeanor.

CONFLICT OF INTEREST QUESTIONNAIREFor vendor doing business with local governmental entity

Date Received

A. Is the local government officer or a family member of the officer 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 directionof the local government officer or a family member of the officer AND the taxable income is not received from thelocal governmental entity?

Yes No

7

Check this box if the vendor has given the local government officer or a family member of the officer one or more giftsas described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date

Name of vendor who has a business relationship with local governmental entity.1

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.)

2

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

Describe each employment or other business relationship with the local government officer, or a family member of theofficer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.Complete subparts A and B for each employment or business relationship described. Attach additional pages to this FormCIQ as necessary.

4

6

5Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation orother business entity with respect to which the local government officer serves as an officer or director, or holds an

ownership interest of one percent or more.

PUR062 - January 2016

RFP #16-019

36

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more partiesbased on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or anagency of a federal, state, or local governmental entity;(B) a transaction conducted at a price and subject to terms available to the public; or(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency andthat is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

***(2) the vendor:

(A) has an employment or other business relationship with the local government officer or afamily member of the officer that results in the officer or family member receiving taxableincome, other than investment income, that exceeds $2,500 during the 12-month periodpreceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;or(ii) the local governmental entity is considering entering into a contract with thevendor;

(B) has given to the local government officer or a family member of the officer one or more giftsthat have an aggregate value of more than $100 in the 12-month period preceding the date theofficer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationshipwith a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that localgovernmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);(2) has given a local government officer of that local governmental entity, or a family member of theofficer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding anygift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administratornot later than the seventh business day after the later of: (1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmentalentity; or(B) submits to the local governmental entity an application, response to a request for proposalsor bids, correspondence, or another writing related to a potential contract with the localgovernmental entity; or

(2) the date the vendor becomes aware:(A) of an employment or other business relationship with a local government officer, or afamily member of the officer, described by Subsection (a);(B) that the vendor has given one or more gifts described by Subsection (a); or(C) of a family relationship with a local government officer.

PUR062 - January 2016

RFP #16-019

37

EL PASO COUNTY COMMUNITY COLLEGE DISTRICT El Paso Community College, Purchasing & Contract...

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