Final BID 1340-20 Olmito Nature Park Kayak Snack Bar Concession By RCL 10-19-26.pdf

PDF 2 MB Posted

Attached to
Parks Concession: Kayak Rentals/ Snack Bar- Olmito Nature Park
Solicitation number
1340-20
Issued by
Cameron County, Texas

About this file

This is an Invitation to Bid (BID #1340-20) issued by Cameron County, Texas for the operation of a concession snack bar and kayak/recreational rental business at Olmito Nature Park Kayak Launching Facility located at 6757 Graybill Road, Olmito, Texas 78575. The County seeks a qualified concessionaire to operate approximately 382 square feet of enclosed space (192 square feet for concession operations and 190 square feet for storage) plus an additional 218-square-foot exterior fenced-in storage area. The concessionaire will provide kayak rentals, paddle board rentals, bicycle rentals, and related recreational equipment including paddles, personal flotation devices, and supplemental equipment. Food and beverage operations are limited to snack items only, with no grilling or frying capabilities available; offerings may include prepackaged snacks, bottled beverages, ice cream, candy, and approved merchandise such as sunscreen and fishing gear. Motorized watercraft and equipment are strictly prohibited. Bids are due November 4, 2026, by 3:00 p.m. at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas, Basement Floor, Room B17, with public bid opening at 3:01 p.m. A non-mandatory pre-bid meeting is scheduled for Wednesday, October 21, 2026, at 9:00 a.m. at the facility. The contract term is five years from the award date, with either party able to cancel for convenience after providing thirty days' written notice, except the concessionaire cannot exercise this option during the first 180 days of operation.

The concessionaire must submit a $500 bid bond and pay rent on a monthly basis equal to either one-twelfth of an annual guaranteed flat rate or 10 percent of gross receipts, whichever is greater. The annual guaranteed flat rate must remain firm for all five years with no fluctuations. The concessionaire is responsible for all equipment, fixtures, utilities (electricity, gas, telephone), upkeep, repairs, and preventative maintenance, while the County provides the facility in "as is" condition and covers water and sewer costs. The concessionaire must obtain all necessary licenses and permits, maintain separate accounting records subject to County audit, submit monthly financial statements, and provide proof of required insurance within ten days of award, including general liability coverage with bodily injury limits of $500,000 per occurrence and $1,000,000 aggregate, and automobile liability with bodily injury limits of $250,000 per person and $500,000 per accident. Peak operating season occurs from March through November, with the concessionaire expected to establish operating hours subject to Parks Director approval and maintain a staffing ledger signed daily by park staff. The concessionaire must comply with all federal, state, and local laws regarding health, safety, minimum wage, workers' compensation, and equal employment, and is prohibited from selling alcoholic beverages and tobacco products without prior written County approval and appropriate licensing.

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BID # 1340-20 OLMITO NATURE PARK KAYAK& SNACK CONCESSION BIDDER’S INITIALS: ___________

CAMERON COUNTY

PURCHASING DEPARTMENT

INVITATION TO BID

BID NUMBER: # 1340-20

BID TITLE: CAMERON COUNTY PARKS CONCESSION: KAYAK RENTALS/ SNACK BAR-

OLMITO NATURE PARK

DATE DUE: NOVEMBER 4TH, 2026 DUE NO LATER THAN 3:00 P.M.

Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – Basement Floor – Room # B17 at 3:01 p.m. (as per Purchasing Dept. time clock) on deadline due date. All Bidders are welcome to attend Bid opening.

Bids received later than the date and time above will not be considered.

lease return bid ORIGINAL (marked “ORIGINAL”) and an electronic (PDF format file only) copy of your BID submittal in sealed envelope. Be sure that returned 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, Basement Floor, Room #B17, Brownsville, Texas 78520.

NON-MANDATORY PRE BID MEETING: Time: Wednesday, October 21st, 2026 at 9:00 a.m.

Location: The Olmito Nature Park Kayak Launching Facility, 6757 Graybill Road, Olmito, Texas 78575

For additional information or to request addendum email: Roberto Luna and/or Dalia Loera at purchasing@co.cameron.tx.us To ask specific questions on project requirements, please call: Purchasing at (956) 544-0871.

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: __________________________________

How did you find out about this Bid? ___________________________________________ (ex: Newspaper, Web, mailout)

Telephone No. ______________________ Fax No. ___________________ e-mail ________________________________

SIGNATURE: __________________________ Print Name: _________________________________________________

Is Proposer’s principal place of Business within Cameron County? Yes - No If yes what City: ____________________________

(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.

Bidders must sign each bid page to ensure you have read each page’s information, terms, conditions and/or required forms. Failure to sign or initial each bid page will disqualify the BID/PROPOSAL offer.

mailto:purchasing@co.cameron.tx.us

BID # 1340-20 OLMITO NATURE PARK KAYAK& SNACK CONCESSION BIDDER’S INITIALS: ___________

ACKNOWLEDGMENT OF RECEIPT

CAMERON COUNTY PARKS CONCESSION: KAYAK RENTALS/ SNACK BAR-

OLMITO NATURE PARK

BID # 1340-20

Please submit this page upon receipt

For any clarifications, please contact Mr. Roberto C. Luna, Purchasing Agent and/or Anthony Velazquez, Bids & Proposals Coordinator at the Cameron County Purchasing Department office at: (956) 544-0871 or e-mail at: purchasing@co.cameron.tx.us

Please fax or e-mail this page upon receipt of BID package no later than Friday, October 30th, 2026 before 3:00 p.m. CST. All questions regarding this BID should also be submitted no later than the stated date and time on BID cover page.

Fax: (956) 550-7219 or E-mail: purchasing@co.cameron.tx.us

If you are unable to respond on this BID solicitation, kindly indicate your reason for “Not Responding/No-Participation” below and fax or e-mail back to Cameron County Purchasing Department. This will insure you remain active on our vendor list.

Date: _______________

(___) Yes, I will be able to submit a BID submittal.

(___) No, I will not be able to submit a Bid submittal for the following reason: (Please check one or more reasons below)

� Could not meet specifications.

� Items or materials requested not manufactured by us or not available to our company.

� Insurance requirements are too restricting.

� Bond requirements are too restricting.

� The scope of services is not clearly understood or applicable (too vague, too rigid, etc.)

� The project is/was not suited to our organization.

� Quantities are too small.

� Insufficient time allowed for preparation of bid/proposal.

� Other (please specify).

Company Name: _______________________________________________________

Company Representative Name: __________________________________________

Company Address: _____________________________________________________

Phone #: ______________________ Fax #” ___________________________

E-mail Address: ________________________________________________________

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________

CHECK LIST

Bidders 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 Bidder’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.

_X__ 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__ Addendum Acknowledgment Form _X__ Attachments A, B, C, D, E, F, G, H, I & J

Be sure to complete these forms and return them with packet.

__X__ Minimum Insurance Requirements

Included when applicable __X__ 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.

__X_ ADA Non-Discrimination Policy for Vendors/Contractors __X_ Addendum Acknowledgment Form __X_ Signature Form __X_ Deficiencies and Deviations Form – __X_ Bidder’s Statement of Organization – ____ Worker’s Compensation Insurance Coverage Rule 110.110

This requirement is applicable for a building or construction contract.

____ Financial Statement

When this information is required, you must use this form.

Other - Final Reminders To double check before submitting BID

____ Is your bid sealed with bid #, title, Bidder’s Name, & return address, on outside?

____ Did you complete, sign and submit page 1?

____ Did you provide the number of copies as required on the cover page?

____ Did you visit our website for any addendums?

https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

If not interested in Bidding please let us know why e-mail to: Purchasing@co.cameron.tx.us mailto:Purchasing@co.cameron.tx.us

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________

INSTRUCTIONS FOR SUBMITTING BIDS

CAMERON COUNTY PARKS CONCESSION: KAYAK RENTALS/ SNACK BAR-

OLMITO NATURE PARK

BID # 1340-20

These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (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 https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ 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:

https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

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.

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 Vendor 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. Bidders are 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 result in a change or addition to this Bid, the Change(s) and addition(s) will be forwarded to all vendors 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 & J and return all with your Bid.

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, for opening at upcoming Commissioner’s Court meeting.

The County of Cameron, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

MINORITY/WOMAN OWNED BUSINESS ENTERPRISE (M/WBE), DISADVANTAGED BUSINESS ENTERPRISE (DBE), AND HISTORICALLY UNDERUTILIZED BUSINESS (HUB):

Cameron County encourages and strives towards an ever-increasing expansion in opportunities for M/WBE’s & HUB’s in assisting the County for its Purchasing needs. Cameron County’s policy is to increasingly involve qualified M/WBE & HUBs to the greatest extent feasible in the County's procurement process.

Objectives of County HUB Program

Ongoing increase in procurement opportunities for M/WBE’s & HUB’s

Assisting M/WBE’s & HUB’s with registration to Bidders List and Bid opportunities that may be of interest

Directing M/WBE’s & HUB’s to various beneficial web links giving them additional opportunities

Certification Process: Federal, state, and local regulations determine the type of certification(s) available. Attached below are links to various Certification agencies which are available to assist you in obtaining your M/WBE’s & HUB’s Certification.

HUB Certification Sources:

State of Texas HUB Certification Process https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ http://www.window.state.tx.us/procurement/prog/hub/hub-certification/

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________

Historically Underutilized Business (HUB) Program (texas.gov) Texas Statewide HUB System | Texas Comptroller of Public Accounts (gob2g.com)

Register with State as a HUB Vendor HUB Certification Agreements HUB Minority & Women Organizations

M/WBE’s & HUB’s Questions Cameron County contact:

Dalia Loera, Assistant Purchasing Agent P: 956-544-0846 | Email: dalia.loera@co.cameron.tx.us

The County, its contractors, their suppliers and subcontractors, and vendors of goods, equipment services, and professional services shall not discriminate on the basis of race, color, religion, national origin, handicap, or sex in the award and/or performance of contracts. All vendors, suppliers, professionals, and contractors doing business or anticipating doing business with Cameron County shall support, encourage, and implement affirmative steps toward our common goal of establishing equal opportunity for all citizens of Cameron County.

REQUIREMENT OF ALL BIDDERS/PROPOSERS: Each firm responding to this solicitation shall be required to submit with their proposal information regarding minority/women business and HUB business participation in this project.

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:

https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.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.” 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: https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.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 and printed. 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: 1295 Filing Info

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: https://www.cameroncounty.us/vendors-tec-form-1295/

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 https://comptroller.texas.gov/purchasing/vendor/hub/ https://texashub.gob2g.com/ https://texashub.gob2g.com/ http://www.window.state.tx.us/procurement/registration/ http://www.window.state.tx.us/procurement/prog/hub/certagreements/ http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/ mailto:dalia.loera@co.cameron.tx.us https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf https://www.ethics.state.tx.us/filinginfo/1295/ https://www.cameroncounty.us/vendors-tec-form-1295/

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________ next business day. Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – Basement Floor – Room # B17 (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: https://www.cameroncountytx.gov/commissioners-court-agendas/

SUCCESSFUL VENDOR WILL BE NOTIFIED BY MAIL. All responding vendors 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. ORIGINAL (marked “ORIGINAL”) and an electronic copy on a flash drive (searchable PDF format file only) copy of your

BID submittal in sealed envelope MUST BE SUBMITTED. Bid shall be placed in an envelope completely closed 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. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN BID. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code δ151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent.

5. Any Catalog, brand name or manufacturer’s reference used in a bid invitation is descriptive-NOT restrictive-it is to indicate type and quality desired. Bids on brand of like nature and quality will be considered. If bid is based on other than reference specifications, Bid must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete descriptions should be made part of the bid. If bidder takes no exception to specifications or reference data, he will be required to furnish brand names, numbers, etc. as specified.

6. Samples, when requested, must be furnished free of expense to the County. If not destroyed in examination, they will be returned to the bidder on request, at his expense. Each sample should be marked with bidder’s name, address, and County bid number. DO NOT ENCLOSE OR ATTACH SAMPLE TO BID. County user Dept.(s) reserves the right to make the final determination as to equivalents.

7. Written and verbal inquires pertaining to bids must give Bid Number and Company.

8. NO substitutions or cancellations permitted without written approval of Purchasing Agent.

9. 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 reserves the right to award if only one (1) Bid was received. 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. The County reserves the right to add additional County Departments (at a later time during this bid award) as the need arises. The County also reserves the right to consider CO-OP Interlocal Agreements / pricing if determined to be more advantageous to the County. (IF

APPLICABLE)

10. Bid unit price on quantity specified – extend and show total. In case or errors in extension, UNIT prices shall govern. If both alphabetic and numeric (unit prices) are required and a discrepancy is found between both on the same line-item whichever unit price confirms the line total will govern. If neither confirms then the alphabetic price will govern. If there is no line total requested, then the alphabetic unit price shall govern. If combined / sum of line totals do not match the Bid total, then the Bid total will be corrected to reflect the sum of the line totals. If there is a discrepancy between the alphabetic and numeric Base Bid Total / Total Bid amount, the alphabetic Base Bid Total / Total Bid will take precedence. Bids subject to unlimited price increase will not be considered but limited to Preventive Maintenance Annual Local Labor Union Wage Rate adjustments. ALL PRICING WILL REMAIN FIRM UNLESS THIS BID ALLOWS FOR OPEN MARET PRICE INCREASES (AS SO SPECIFIED WITHIN). When inserting number https://www.cameroncountytx.gov/commissioners-court-agendas/

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________ of days or percentage % in Bid (ex: number of days to deliver or install or complete work, etc. or percentage over vendor’s cost or percentage discount off list price) avoid using a range (ex: 30-90 days or 15% to 20 % cost plus) but use only one number for number of days or percentage. If a range is used the County will consider the higher number or worst-case scenario from the County’s standpoint in making bid comparisons / tabulations.

11. This is a bid inquiry only and implies no obligation on the part of Cameron County.

12. Acceptance of and final payment for the item will be contingent upon satisfactory performance of the product received by Cameron County.

13. Partial bids will not be accepted unless awarded by complete category or line item. To be awarded by total bid.

14. BASIS OF BID AWARD – The contract will be awarded to the responsible and responsive bidders meeting the specifications and having the lowest possible total extended price of the Base Bid (unit cost), consistent with the quality needed for effective use. All prices quoted will be firm. Award to successful bidder will be made by Cameron County Commission action. Bid pricing shall be firm for the entire term of the awarded contract.

15. 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.

16. 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 or. Cameron County will endeavor to respond promptly to all questions asked.

17. If a Bid Bond is required in this Bid it must be included in Bidders Sealed Bid package and be current / valid through award.

18. Alternate Bid pricing: Bidders should include all alternate pricing on your Bid price page. Cameron County will not award Bid to a Bidder if an alternate price is left blank and County will be making an award to include alternate(s) which has been left blank. In order to avoid not being considered for award include all alternate pricing on your Bid price page.

19. All property of Cameron County must remain (at all times) within the United States – without exception – unless prior Agenda approval has been given by Commissioners Court.

20. Availability of Funds: This procurement is subject to the availability of funding. Cameron County’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the County for any payment shall arise until funds are made available to the County for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the County. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract.

21. Non-Appropriation Clause:

Notwithstanding any provisions for this agreement, the parties agree that the services are payable by Cameron County from appropriations, grants, and monies from the General Fund and other sources. In the event sufficient appropriation, grants, and monies are not made available to Cameron County to pay these services for any fiscal year, this Agreement shall terminate without further obligation of County. In such event, the Cameron County Administrator shall certify to contractor that sufficient funds have not been made available to County to meet the obligations of this Agreement; such certification shall be conclusive upon parties.

PURCHASE ORDER AND DELIVERY: The successful Bidder shall not deliver products or provide services without a Cameron County Purchase Order, signed by an authorized agent of the Cameron County Purchasing Department. The fastest, most reasonable delivery time shall be indicated by the Bidder in the proper place on the Pricing/Delivery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications.

This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality.

Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Cameron County without prejudice to other remedies provided by law. Where delivery times are critical, Cameron County reserves the right to award accordingly.

NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of their intention to cure and may then make a conforming tender within the contract time but not afterward.

PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be affected by modification as provided for in clause 20, “Modifications”, hereof. The terms of this agreement are “no arrival, no sale”.

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________

DELIVERY TERMS AND TRANSPORTATION CHARGES: Bid must show number of days required to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates bidder to complete delivery in 14 calendar days.

A five-day difference in delivery promise may break a tie. Unrealistically short or long delivery promises may cause bid to be disregarded.

Consistent failure to meet delivery promises without valid reason may cause removal from bidder list.

An accurate delivery date must be quoted on the “Bid Form”. When there are various items, a delivery date must be included with each item quoted. Freight and shipping charges to Cameron County must be included in the bid price. Final location will be supplied to the vendor on award of bid, F.O.B. destination. Delivery locations will be: Various County Building locations. Delivery days after receipt of order (ARO).

Specify all (various) dates by categories or item if different.

If delay is foreseen, contractor shall give written notice to Director of Purchasing. The County has the right to extend delivery date if reasons appear valid. Contractor must keep County advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorized the County to purchase supplies elsewhere and charge full increase in cost and handling to defaulting contractor.

Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless otherwise noted in bid.

VARIATON IN QUANTITY: The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes;

and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications.

Buyer’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods.

TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery.

INSPECTION: Upon receiving item(s), they will be inspected for compliance with the Bid Specifications. If the item(s) do not pass inspection, the vendor will be required to pick up the rejected item(s) at the delivery point, provide the necessary replacement, and return the item(s) to the original point of delivery.

All items proposed shall be new, in first class condition, including containers suitable for shipment and storage (Cameron County prefers recycled packaging whenever possible), unless otherwise indicated in bid. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to Purchaser’s approval. Unsatisfactory material will be returned at Seller’s expense.

Cameron County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Bidder cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate.

TESTING: Cameron County reserves the right to test equipment, supplies, material and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection.

SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such.

INVOICES AND PAYMENTS: (a) The vendor shall submit separate invoices, in duplicate, on each purchase order after each delivery.

Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: Cameron County, ATTN: Auditor’s Office, 1100 East Monroe St., Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery or services rendered. Our Vendors must keep the Auditor advised of any changes in your remittance addresses. (b) County’s only obligation to pay Vendor is to pay from funds budgeted and available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by the County. (c) Do not include Federal Excise, State or County Sales Tax. County shall furnish tax exemption certificate if required.

Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the Vendor for correction. Under term contracts, when multiple deliveries and/or services are required, the Vendor may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services.

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________

Vendor shall submit two (2) copies of an itemized invoice showing BID number and purchase order number to:

CAMERON COUNTY AUDITOR

ACCOUNTS PAYABLE

1100 EAST MONROE ST.,

BROWNSVILLE, TEXAS 78520

Please note that any payment due under this bid award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County.

PAYMENT DISCOUNT: Indicate the payment discount (s) available depending on the when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc.

Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice.

All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this BID in excess of the amounts quoted.

Criminal Background Checks are Mandatory:

Checks are mandatory for all personnel performing work on Cameron County sites. Contractors, consultants, and subcontractors are required to take all reasonable steps to assure that their employees do not represent a threat to the County or Facilities. Failure to comply with this requirement may result in immediate termination of any award or contract. The selected contractor shall provide a complete list of names (including supervisors) that may be working on campus. The contractor(s) shall remove from the Cameron County work place any of its employees who are found to be unacceptable by Cameron County. Such requests shall not be unreasonable, are the sole decision of Cameron County, and are not subject to negotiation. Contractor shall provide proper identification for all contractor employees. While on Cameron County premises, all contractor employees must wear attire that identifies them as contractor’s employee with identification visible from both the front and the back. Vehicles shall be clearly identified as company vehicles and be maintained in a neat clean and sanitary condition. At least one person in each vehicle, preferably the driver, must be able to speak, read and write. It shall be the contractor’s responsibility to see that employees render quiet and courteous service.

Trade Secrets, Confidential Information and the Texas Public Information Act.

If you consider any portion of your Bid/Proposal/Qualification Statement to be privileged or confidential by statue or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

Bid/Proposal/Qualification Statement will be opened in a manner that avoids disclosure of the contents to competing offers and to keep the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection.

Cameron County will honor your negotiations of the trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request, and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section §552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that the information is in fact not privileged and confidential under Section §552.110 of the Government Code and Section §252.049 of the Local Government code, then such information will be made available to the requested.

Bid/Proposal/Qualification Statement are to be signed by an officer of the company authorized to bind the submitter to its provisions.

Bid/Proposal/Qualification Statement are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than ninety (90) days required. The Bid/Proposal/Qualification Statement submitted by the bidders/proposer/responders shall become an integral part of the contract between the County and the bidder/proposer/responder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same.

THE BIDDER(S) IS/ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL DOCUMENTS, FORMS, SPECIFICATIONS, AND INSTRUCTIONS WITHIN THIS ENTIRE DOCUMENT. Follow all BID package instructions; you are responsible for obtaining any information needed in order to respond to this solicitation. Further, the Bidder is responsible for providing any and all relevant information necessary to submit a response. Failure to do so will be at the Respondent’s risk and may result in rejection of the response as non-conforming. General Requirements apply to all advertised solicitations; however, these may be superseded, whole or in part, by OTHER DATA CONTAINED HEREIN. Be sure your bid package is complete.

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________

TEXAS OPEN RECORDS ACT AND CONFIDENTIALITY

All materials submitted to Cameron County, Purchasing Department pursuant to this Invitation for Bid/Request for Proposals/Statement of Qualifications become subject to the mandates of the Texas Open Records Act, Government Code, Chapter 552, Subchapter A, §§552.009; Subchapter D, §§552.205; and Subchapter F, §§552.261 through 552.274. The purpose of this Act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. Almost all "records," as that term is defined in the Act, may be disclosed to the public upon request. Except where specific state or federal statues create a confidential privilege, persons who submit information to public bodies have no right to keep this information from public access or reasonable expectation that this information will be kept from public access.

If you believe that any of the information you have submitted to the County pursuant to this Request for Proposals is confidential under a specific state or federal statute and therefore not subject to the public access, you must comply with the following:

A. Place said documents/records in a separate envelope marked "Confidential" DO NOT label your entire response to the Bid/Request for Proposals/Statement of Qualifications as "Confidential" – label only those portions of the response that you feel are made confidential by state or federal law as "Confidential." If only a portion of a document is confidential, please identify specifically the portions of the document you are claiming are confidential. Under the State of Texas Open Records Act, the County is obligated to produce documents for public inspection even if the documents contain a portion which is confidential but can redact the confidential parts.

B. For each such document for which you are claiming a confidential privilege, identify the federal and/or state law that creates said privilege, e.g., for trade secrets.

Should an Open Records request be presented to the County requesting information you have identified as "Confidential," you will be responsible for defending your position in the Court where the proceeding is filed, if needed.

If you fail to identify any records submitted as part of your Bid/Request for Proposals/Statement of Qualifications as "Confidential" by placing them in the "Confidential" envelope AND you fail to identify the specific state or federal law creating said privilege, you are irrefutably agreeing that said records are not confidential and are subject to public access.

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________

Cameron County

ADA Non-Discrimination Policy for Vendors/Contractors

1. Policy Statement:

Cameron County is committed to ensuring equal opportunity for all qualified individuals with disabilities in their programs, services, and activities. This policy extends to all contractors and subcontractors, who are required to comply with all applicable federal, state, and local non-discrimination laws, including the Americans with Disabilities Act (ADA).

2. Prohibition of Discrimination:

Discrimination against any individual with a disability is prohibited. Contractors will not deny participation in any program, service, or activity, or deny any benefit, because of the individual's disability.

3. Reasonable Accommodation:

• Contractors must provide reasonable accommodations to qualified individuals with disabilities to ensure equal access and opportunity, unless it imposes an undue hardship.

• This includes making reasonable modifications to policies, practices, and procedures to ensure accessibility and usability.

• Examples of accommodation may include providing qualified interpreters, auxiliary aids, or ensuring physical accessibility of facilities and programs.

• The cost of accommodation cannot be placed on the individual with a disability.

4. Accessibility Requirements:

• Contractors must ensure that all facilities, including new construction and alterations to existing facilities, are readily accessible and usable by individuals with disabilities.

• All public-facing programs, services, and activities must be administered in the most integrated setting appropriate to the needs of individuals with disabilities.

5. Complaint Procedure:

• Contractors must have a grievance procedure that provides for prompt and equitable resolution of complaints regarding disability discrimination.

• Information on whom to contact, with questions or concerns about accommodation should be made available to individuals.

• Contractors are prohibited from coercing, intimidating, or retaliating against any individual for exercising their ADA rights.

6. Subcontractor Compliance:

• Contractors are responsible for ensuring that their subcontractors comply with this policy and all applicable disability non-discrimination laws.

Acknowledgement of Receipt and Understanding By signing below, I acknowledge that I have reviewed the Cameron County ADA Non-Discrimination Policy for Vendors/Contractors. I understand that it is my responsibility to thoroughly review and strictly comply with all policies and procedures contained within this policy, as they may be amended periodically.

Signature Date

THIS FORM MUST BE RETURNED WITH YOUR BID

BID # 1340-20 OLMITO NATURE PARK KAYAK/SNACL CONCESSION SERVICES Bidder’s Initials: _________

CAMERON COUNTY PARK CONCESSION FOR KAYAK RENTALS/SNACK BAR

BID # 1340-20

PART I – GENERAL REQUIREMENTS

1.0 PURPOSE: Cameron County Commissioners’ Court will accept bids for the operation of a concession snack bar and kayak/recreational rental business located at the Olmito Nature Park Kayak Launching Facility, 6757 Graybill Road, Olmito, Texas 78575. The County intends to enter into a Concession Agreement with a qualified concessionaire for the operation of the facility and the provision of convenient services to park visitors. The County will consider a Concession Agreement for the lease of approximately 382 square feet of enclosed space, consisting of approximately 192 square feet of concession space and 190 square feet of storage space. In addition, an approximately 218-square-foot exterior, uncovered, fenced-in area may be used for storage of materials and equipment. Restroom areas are not included in the leased square footage but will remain available for public use.

The concession operation may include the rental of kayaks, paddle boards, bicycles and related recreational equipment, including, but not limited to, paddles, personal flotation devices (life jackets), and other supplemental equipment necessary for the safe use of rental watercraft. Such equipment shall be provided and rented by the concessionaire.

Additionally, the rental, operation, or offering of motorized watercraft or motorized recreational vehicles by the concessionaire is strictly prohibited. Prohibited equipment includes, but is not limited to, jet skis, Wave Runners, personal watercraft, all-terrain vehicles (ATVs), motorized scooters, and similar motorized recreational vehicles or equipment.

The concession operation may also include the sale of food, beverages, snacks, and other approved merchandise. Items may include, but are not limited to, prepackaged snacks, chips, soft drinks, bottled water, electrolyte sport drinks, ice, ice cream, snow cones, candy, popcorn, nachos, sunscreen, over the counter first-aid supplies, and other recreational, convenience, or miscellaneous items approved in advance by the Parks Director. The concessionaire may also sell fishing gear and bait and other promotional merchandise, including T-shirts, hats, water shoes, sunglasses, and similar items that promote Cameron County, Cameron County Parks & Recreation, Olmito Nature Park, or other County-approved programs, facilities, destinations, or initiatives, subject to prior approval by the Parks Director.

ABSOLUTELY NO GLASS CONTAINERS OF ANY KIND WILL BE ALLOWED TO BE

SOLD OR DISTRIBUTED TO THE PUBLIC.

PLEASE NOTE THAT THE FOOD CONCESSION IS ONLY EQUIPPED TO SELL SNACK ITEMS.

IT IS NOT EQUIPPED FOR GRILLING, FRYING, OR THE PREPARATION AND SALE OF

OTHER COOKED FOOD ITEMS.

T…

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