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CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Daniel J. Alfonso DATE: March 15, 2016 City Manager SUBJECT: Execution of FLIPANY Contract FROM: } I , Director REFERENCES: and Rereation Department ENCLOSURES: The Parks and Recreation Department respectfully requests the execution of the attached Florida Introduces Physical Activity and Nutrition to Youth, Inc. (FLIPANY, Inc.) contract. The attached contract was created to allow the Department of Parks and Recreation the ability to outsource the management of the Department of Health Out of School Snack program. The program is currently managed by Park employees, requiring the costs of a part time staff member $14,615 and general fund contribution of $27,845 for cost of the snacks not covered by the reimbursable grant, totaling $42, 460. Through this contract FLIPANY, Inc. will take over the responsibility for the Department of Health grant contract management, monitoring and reporting per grant requirements, reconciliation, and reimbursement paperwork and coordination of the delivery of snacks at all parks sites for approximately 1500 children in the after school program. By outsourcing the activities to a vendor, the City of Miami Parks and Recreation staff can focus on enhancing the delivery of recreational services and the health, wellness, and obesity after school programming. The part time staff person will be assigned to assist in the monitoring and compliance for the "I Am Fit" Health Foundation of South Florida grant. The contract award of $29,500,00 is under the $50,000 established procurement threshold; therefore, commission approval is not required. Should have additional questions; feel free to call me at (305) 305-2722. (DIS Daniel J. Al City Manager TABULATION OF BIDS IFB NO. 577384 - After School Snack Program Administrator Florida Introduces Physical Activity and Nutrition to Youth, Inc. (FLIPANY) Est. jr` Item Description Qty UOM Unit Price :j _ •, ,' After School Meals Program Provider and Administrator Services (not to # 1 include cost of meals). 1 Month $2,950.00 $2,950.00 Total Prepared by: Tahlia Gray, February 5, 2016 $ 2,950.00 Approved b Department Director/Designee Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OP STATE .' DIVISION OF CORPORATIONS Detail by Entity Name Florida Not For Profit Corporation FLORIDA INTRODUCES PHYSICAL ACTIVITY AND NUTRITION TO YOUTH INCORPORATED Filing Information Document Number N05000004034 FEI/EIN Number 87-0743538 Date Filed 04/20/2005 Effective Date 04/18/2005 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/28/2006 Event Effective Date NONE Principal Address 1777 NORTH DIXIE HIGHWAY FORT LAUDERDALE, FL 33305 Changed: 07/20/2015 Mailing Address 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Changed: 02/26/2014 Registered Agent Name & Address KUNINS, LYNNE E 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Address Changed: 02/26/2014 Officer/Director Detail Name & Address Title CEO KUNINS, LYNNE E 819 NE 26th Street Building K Fort Lauderdale, FL 33305 http://search.sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/5/2016 Detail by Entity Name Page 2 of 3 Title DIR KESSLER, LORI 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Title DIR KEN, DRESNER 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Title DIR MAC HUDA, NANCY 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Title Director Andrade, Stephen 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Title Director Stratford, Nicole 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Title Director Eivir, Ana 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Title Director Rosenfarb, Lauren 819 NE 26th Street Building K Fort Lauderdale, FL 33305 Annual Reports Report Year Filed Date 2013 05/01/2013 2014 02/26/2014 2015 03/20/2015 Document Images 03/20/2015 --ANNUAL REPORT 02/26/2014 --ANNUAL REPORT View Image in PDF format http:Hs earch,sunbiz. org/Inquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... 2/5/2016 Detail by Entity Name Page 3 of 3 05/01/20'13 -- ANNUAL REPORT 02/08/2012 -- ANNUAL REPORT 03/29/2011 -- ANNUAL REPORT 03/29/2010 -- ANNUAL REPORT 03/20/2009 -- ANNUAL REPORT 01/16/2008 -- ANNUAL REPORT 01/19/2007 -- ANNUAL REPORT 03/28/2006 -- Amendment 02/27/2006 -- ANNUAL REPORT 07/29/2005 -- Amendment 04/20/2005 -- Domestic Non -Profit View image in PDF format View image in PDF format J View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image In PDF format View image In PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format C4nvrlaht ID and Privacy Policies State of Florida, Department of Stat http:/Isearch.sunbiz. org/Inquiry/Cor,porationSearch/SearchResultDetail?inquirytype=Entity... 2/5/2016 Hunger Prevention . Nutrition Education WHO WE ARE Established in 2005, FLIPANY (Florida Introduces Physical Activity & Nutrition to Youth) is a local non-profit agency dedicated to empowering children, teens, adults and seniors through physical activity and nutrition programs while raising awareness, and creating policy changes, to ensure healthier communities. THE ONLY AGENCY OF ITS KIND IN FLORIDA, FLIPANY has proven instrumental in helping the community recognize the importance or health and the critical role nutrition and physical activity plays. OUR PROGRAMS FLIPANY serves as the South Florida partner for national and local programs geared towards preventing childhood obesity and hunger, including: * Cooking Matters"" Cooking Matters at the StoreTM' • Earn A Bike * Exploring Foods Together° * Kids THRIVE Youth Weigh Management * Lets Move!® �r Presidential Youth Fitness Program k Trips for Kids Youth Biking Program NATIONAL roi<io PARTNERS HuL#a ; T.I etna- I a rn llnrNa BR II PC • r�I�Ixrl;,r nr otttxv. YEARS a) * If FLIPANY fhe I yed1Rnt to a F#aalih' Lit i, Physical Activity ® Obesity Intervention (OW ESTABLISHING NATIONAL PROGRAMS IN SOUTH FLORIDA t x FLIPANY works in partnership with cities by creating and implementing access to fitness and nutrition programs Following the Let's Move! initiative set forth by the White House. The City of Hallandale achieved National Recognition from Let's 'Move' in large part due to FLIPANY establishing programs in their community. FLIPANY is recognized as the leading partner in South Florida of the Snare our Strengths® Cooking Matters", No Kid HungryTM National Initiative. Since 2007, they have completed more than 2,500 Cooking Matters courses and made an impact on the lives of more than 37,000 families in Broward and Miami -Dade Counties. FLIPANY provides valuable tools by teaching meal preparation, basic nutrition, healthy snacking, food safety, menu planning and food budgeting. OUR IMPACT Taught and created nutrition education classes and physical activity programs to 40,000+ people annually in 300+ South Florida Tri-County locations annually. Leveraged the USDA Childcare Food Program, and in turn has saved local communities $1,65 million dollars annually by delivering 3,000+ snacks and 1,400+ meals a day to 3,300 children to nearly 90 after -school sites in both Broward and Miami -Dade Counties. Served 330,00 healthy meals to 3,000 children each day For USDA summer approved programs. GET INVOLVED To learn more on how to partner with FLIPANY, call (954) 636-2388 or email Info(FLIPANY.orq to schedule an appointment. For details on our programs and services, visit www.FLIPANY.org caaiiiri© MATTERS LET'S ! STATE ,t,� Fvlt USDA PARTNERS WTI a �"Aa c Rdron' Trust ra„ ) 791H19A TeUCH TAW 'Karr r, nr.A,v Trek tecycfe uu�,x h `AZ�"�. eoo Humana, lJ.` >' • WH 5LE LIVE UNITED } FOODS ;ffC�P FLIPANY is a 501(3) nonprofit, Government ID number: 870743538 'United Way CITY OF MIAMI LOCAL OFFICE CERTIFIC.A.TION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: 577384 (Le, IFQ/IFB/RFP/RFQ/RFLI No, 123456) Solicitation Title: After School Snack Program Provider and Adminstrator FLIPANY, Inc. (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended, Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM-Clty of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address; 1777 N. Dixie Highway Fort Lauderdale FL 33305 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? NO ------ '1f YES If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? I sI u YES El NO N/A ''"'Cite Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miarni and Miami -Dade County? City of Miami:: Exemption: ,�.I _ YES n NO u Exempt , City exemption as we are a non-profit Miami -Dade County: Cite Exemption: County YES NO is' 1 Exempt Exemption as we are a non-profit Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? NO I V I YES 7 Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Lynne Kunins Print Name (Bidder/Proposer Authorized Representative) Signature 2 FORM -City of Miami Local Office Certification 7/22/2013 1 /20/16 Date STATE OF FLORIDA COUNTY OF 3� PVI,,1`�, Certified to and subscribed before me this I .. _ `,`tt1161lU I dllfll����'/ PSHA ip <, VgM3JAos,651E1p45,� o ory #EE@A1388 `P Vs 1 ����sd,mU��/�' sT��*Y SEAL) Personally Known day of (Signature of Lary Public -State of Florida) TU (Name of Notary Typed, Printed, or Stamped) Type of Identification Produced FORM -City of Miami Local Office Certification 7/22/2013 OR Produced Identification 3 IFS NO.: 577384 REFERENCE SUBMITTAL FOR: AFTER SCHOOL SNACK PROGRAM ADMINISTRATIVE SERVICES FIRM NAME: FLJPANY, [nc. Reference Section Summarized Requirements: Refer to the details in Section 2, Paragraph 2.11 to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Section 2, Paragraph 2.11 Primary Contact Information Section 2, Paragraph 2.11 Primary Contact: Lynne Kunins Primary Address: 1777 N. Dixie Highway, Fort Lauderdale, FL 33305 E-mail Address: Lkunins@flipany.erg Contact Telephone Number: 954-854-6416 Cellular Phone Number (if applicable): 954-854-6416 Company Main Phone Number: 954-636-2388 Fax Number (if applicable): 954-524-8824 Secondary Contact Information (OPTIONAL) Secondary Contact: Kristine Perez -Carrion Secondary Address: 425 NE 22nd Street Miami, FL 33137 Suite 401 B E-mail Address: Kperezcarrion@flipany.org Contact Telephone Number: 786-873-1843 Cellular Phone Number (if applicable): 786-873-1843 Company Main Phone Number: 954-636-2388 Fax Number (if applicable): 954-524-8824 Website Information: Successful bidder(s) shall provide their firm's website information, if applicable. http:// www.FL(PANY.org 1 IFB NO.: 577384 Reference Section Summarized Requirements: Refer to the details in Section 2, Paragraph 2.11 to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Section 2, Paragraph 2.11 Past Performance Reference Check #1 Company/Organization Name: Florida Department of Health Address: 4052 Bald Cypress Way, Tallahassee, FL 32399 Contact Person: Tina Mazanek Contact Phone Number: 850-245-4323 ext. 2851 Contact E-mail (if applicable): tina.mazanek@flhealth.gov Date of Contractor Sale: October 2012 to current Section 2, Paragraph 2.11 Past Performance Reference Check #2 Company/Organization Name: Miami -Dade County Parks, Rec and Open Spaces Address: 275 NW 2nd Street Suite 424 Miami, FL 33128 Contact Person: Eric Hansen Contact Phone Number: 305-755-5460 Cell 786-390-5640 Contact E-mail (if applicable): EricH@miamidade.gov Date of Contract or Sale: July 2013 Section 2, Paragraph 2.11 Past Performance Reference Check #3 Company/Organization Name: The Children's Trust Address: 3150 SW 3rd Avenue 8th Floor, Miami FL 33129 Contact Person: Patricia Leal Contact Phone Number: 305-571-5700 ext. 306 Contact E-mail (if applicable): patricia@thechildrenstrust.org Date of Contract or Sale: August 2012 to current 2 4 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, KO.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section) . EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the subniitter. Please print the following and sign your name: FLIPANY SUPPLIER NAME: ADDRESS 1777 N Dixie Highway Fort Lauderdale, FL 33305 954-854-6416 954-524-8824 PHONE: FAX EMAIL: Lkunins@flipany.org BEEPER N/A SIGNED BY. *fredi-41,140 President/CEO 1/26/16 TITLE: DATE• \one 4 i (S FAILURE TO COMPLETE SIGN AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Page 2 of 34 Certifications Legal Name of Firm: Florida introduces Physical Activity and Nutrition to Youth, Inc, Entity Type; Partnership, Sole Proprietorship, Corporation, etc. Corporation PA-1\k6 Year Established: 2005 Office Location: City of Miami, Miami -Dade County, or Other 1777 N. Dixie Highway Fort Lauderdale, FL 33305 Occupational License Number: Exempt Occupational License Issuing Agency: Exempt Occupational License Expiration Date: Exempt Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response); N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. N/A If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Yes Page 3 of 34 Line: 1 Description: After School Meals Program Provider and Adminstrator Services (not to include cost of meals), as per Section 3.1 Specifications/Scope of Work. Cost of meals will be paid separately by the State. Category: 96136.00 Unit of Measure: Month et) Unit Price: $ Number of Units: Total: $ Page4of34 ANNIE PEREZ, CPPO DANIEL J. ALFONSO Procurement Director City Manager Ms. Lynne Kunlns FLIPANY, Inc. 1777 N. Dixie Highway Fort Lauderdale, FL 33305 February 8, 2016 SENT VIA EMAIL LKunins@flipany.org RE: l3A1 O -Invitation for Bid (IFB) No. 577334 — After School Snack Program Provider and Administrator Dear Ms, Kunlns, The Clty of Miami (City) Is In reoelpt of your bid response to IFB No, 677384 for the administrative services of the after school snack program at City parks. The IFB closed on February 4, 2016 and FLIPANY, Inc. is the lowest responsive and responsible bidder, Pursuant to Clty of Miami Ordinance No, 12271, Sectlon.18-B5, the Clty has the authority to negotiate with the lowest bidder for better pricing or re -bid whichever Is In the best Interest of the City, The Clty hereby requests that you carefully analyze your bld price for any -cost savings you can extend to the City; and provide what Is considered your firm's "best end final offer' as It pertains to your cost to provide the administrative services for the after school snack program solicited In this IFB. This offer should be faxed or emailed to the attention of Tahlia Gray, (305) 400-5019, or at tnrav mlamIgov,corrr, by no later than 2:00 p.m. on February 11, 2016, Please Indlcate.vour firm's best and final offer hi the spaces provided in the last column of thls tablet Line Number Description Unit Estimated Quantity Unit Price Unit Price (Best and Final Offer) // 1 After School Meals Program Provider and Administrator Services (not to include the cost of meals). Month y $2950.00 $2950.00 Please sign and date below to certify your response above: Lynne Kunkle Print Name President/CEO Signature 2/10/2016 Title Date Sincerely, Aie Perez, CPPO Procurement Director AP:tg Co: Contract File MIAMI-DADE COUNTY PUBLIC SCHOOLS 2016-2017 SCHOOL CALENDAR ELEMENTARY AND SECONDARY July 2016 MTWTF 1 >4( 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 October 2016 MTWTF C3). 4 5 6 7 10 11 : 13 14 17 18 19 20 21 24 25 26 F17fi l a 31 January 2017 MTWTF 9 10 11 12 13 Belt 17 18 19 [Will L.I}r1 it 25 26 27 30 31 IIII April 2017 MTWTF 3 4 5 6 7 -,,krarritD4)---141)::-1-,----A:v ® 18 19 20 21 24 Ell 26 27 28 New Teachers Report Teacher Planning Day Teacher Planning Day No Opt Legal Holiday August 2016 M T W T F 1 2 3 8 A 9 10 A 5 23 24 25 26 29 31 November 2016 M T W T F 1 2 3 4 7 9 10 14 15 16 17 18 21 22 28 29 30 February 2017 MTWTF 1 2 3 6 7 8 9 10 13 14 15 ' 17 W 21 22 23 24 27 28 May 2017 M T W T F 1 2 3 4 5 8 9 10 11 12 15 16 17 19 22 23 24 25 26 dry 30 31 Recess Day Beg/End of Grading Period Secondary Early Release End of 1st GT/ Secondary Early Release For Information on employee opt days, please refer to back of calendar. September 2016 M T W T F 1 2 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 30 December 2016 M T W T F 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 March 2017 M T W T F 1 2 3 6 13 20 7 14 21 28 8 15 22 29 9 30 10 17 31 June 2017 MTWTF 1 2 5 6 7 111.3111 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 Days in Grading Period 1-45 2-45 3-42 4-48 MIAMI-DADE COUNTY PUBLIC SCHOOLS 2016-2017 SCHOOL CALENDAR ELEMENTARY AND SECONDARY August 18, 19, 2016 Teacher planning days; no students in school August 22 First Day of School; begin first semester August 30 Teacher planning day; Professional Development Day -not available to opt; no students in school September 5 Labor Day; holiday for students and employees September 29 Secondary early release day October 3*+# Teacher planning day; no students In school October 12*+# Teacher planning day; no students in school October 27 End first grading period; first semester / Secondary early release day October 28 Begin second grading period; first semester November 8 Teacher planning day; Professional Development Day -not available to opt; no students in school November 11 Observation of Veterans' Day; holiday for students and employees November 23*+# Teacher planning day; no students in school November 24 Thanksgiving; Board -approved holiday for students and employees November 25 Recess Day December 26- Winter recess for students and all employees with the exception of Fraternal Order of January 6, 2017 Police Employees; January 16 Observance of Dr. Martin Luther King, Jr.'s Birthday; holiday for students and employees January 20 End first semester and second grading period January 23 *-1-# Teacher planning day; no students in school January 24 Begin second semester; third grading period February 16 Secondary early release day February 20 All Presidents Day; holiday for students and employees March 16 Secondary early release day March 23 End third grading period; second semester March 24*+# Teacher planning day; no students in school March 27*+1 Begin fourth grading period; second semester April 10-14 Spring recess for students and all employees with the exception of Fraternal Order of Police Employees May 18 Secondary early release day May 29 Observance of Memorial Day; holiday for students and employees June 8 Last Day of School; end fourth grading period; second semester June 9 Teacher planning day; no students in school NOTE: Every Wednesday students in elementary schools (Grades 2-5) and K-8 Centers (Grades 2-8) are released one (1) hour early Job Category Teachers new to the system Assistant Principals and 10-month clerical Cafeteria Managers Satellite Assistants All instructional Staff, Paraprofessionals & Security Assistant to Cafeteria Managers/MAT Specialists Cafeteria Workers (part-time) Beginning Date August 11, 2016 August 11, 2016 August 15, 2016 August 17, 2016 August 18, 2016 August 19, 2016 August 22, 2016 Ending Date June 9, 2017 June 16, 2017 June 9, 2017 June 8, 2017 June 9, 2017 June 8, 2017 June 8, 2017 *Teachers/paraprofessionals and school support personnel may opt to work one or two days, August 16, 17, 2016, or June 12, 13, 2017, in lieu of any one or two of the following days: October 3, 2016, October 12, 2016, November 23, 2016, January 23, 2017, and March 24, 2017. August 30, 2016, and November 8, 2016, are Professional Development Days and are not available to opt. +Teachers new to Miami -Dade County Public Schools may opt to work one or two days, June 12, 13, 2017, In Ileu of any one or two of the following days: October 3, 2016, October 12, 2016, November 23, 2016, January 23, 2017, and March 24, 2017. August 30, 2016, and November 8, 2016, are Professional Development Days and are not available to opt. #Ten-month secretarial and clerical employees may opt to work one or two days, August 9, 10, 2016, or Juno 19, 20, 2017, in lieu of any one or two of the following days: October 3, 2016, October 12, 2016, November 23, 2016, January 23, 2017, and March 24, 2017. August 30, 2016, and November 8, 2016, are Professional Development Days and are not available to opt. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Z015/ 2016 Projected Number of Participants PARK SITES: Address: District CURTIS 1901 N.W.24 Avenue 1 52 DUARTE 2801 N.W.17 Street 1 60 GRAPELAND 1550 N.W.37Avenue 1 60 KINLOCH 455 N.W. 47 Avenue 1 80 ARMBRISTER 236 Grand Avenue 2 30 DOUGLAS (Pending Dean Remediation) 2755 S.W. 37 Avenue 2 0 LUMMUS* 404 N.W. 3 Street 2 24 MORINGSIDE 750 N.E. 55 Terrace 2 50 VIRRICK 3255 Plaza Street 2 75 HENDERSON 950 N.W. 3 Street 3 30 JOSE MARTI 351 S.W. 4 Street 3 125 SOUTHSIDE (Pending Derm Remediation) 140 SW 11 Street 3 0 CORAL GATE 1415 S.W. 32 Avenue 4 75 ROBERT K. HIGH 7025 W. Flagler Street 4 60 SHENANDOAH 1800 S.W. 21 Avenue 4 170 WEST END 250 S.W. 60 Street 4 135 AFRICAN SQUARE (Under Const.) 1400 N.W. 62 Street 5 0 BUENA VISTA 5300 N.W.2 Avenue 5 15 CLEMENTE 101 N.W 14 Street 5 50 DORSEY 1701 N.W 1 Avenue 5 20 GIBSON PARK 410 N.W,12 Street 5 25 HADLEY 1300 N.W. 50 Street 5 60 LEGION 6447 N.E.7 Avenue 5 90 _ LITTLE HAITI /SOCCER 6301 N.E. 2 Avenue 5 25 RANGE 525 N.W. 62 Street 5 65 REEVES 600 N.W. 10 Street 5 35 WILLIAMS PARK 1717 N.W. 5 Street 5 40 Estimated Total 1451 Scope of Worlc from FLIPANY: Invitation for BID (IFB) 577384 January 26, 2016 FLIPANY is a Florida non-profit with a mission to empower youth and adults through physical activity and nutrition programs while raising awareness and creating policy changes for healthier communities. We have been working with the community to ensure youth in disadvantaged neighborhoods have access to healthy food during out of school time. We currently serve 61 locations in Miami -Dade and Broward Counties with 3,800 students receiving meals out of school each day. FLIPANY has the expertise and infrastructure to provide staffing and administrative support of the State of Florida Afterschool Meal Program and become the sponsor for the City of Miami. Services will include monitoring, tracking and delivery of snacks, collecting monthly reports, staff training and monthly reports to the State of Florida, for approximately 1,600 children at 31 sites. These snacks will be delivered during afterschool programs at time designated by sites staff and approved by FLIPANY. FLIPANY will charge the City of Miami an administrative fee of $2,950 per month to operate the program. This program will be in operation for 11 months; not including July. The first year contract will begin as soon as the City authorizes FLIPANY as a vendor and will continue for one calendar year. FLIPANY's afterschool snack program is in compliance with all of the nutritional standards outlined by the State of . Florida. FLIPANY is an Unaffiliated Afterschool Meal Sponsor through the Department of Health Tallahassee, FL. Our authorization number is A-3414. FLIPANY will leverage the DOH snack reimbursement amount of $0.84 per snack to cover the cost of snacks, delivery and other associated administrative responsibilities. By choosing FLIPANY as your vendor, City of Miami will also have the option of streamlining the federal food program to a year round program. FLIPANY is also a summer food sponsor and is able to provide food service to programs during slimmer camps/programs in June, July and August at no additional cost to the city.. FLIPANY delivers snacks on a weekly basis (meal service would be delivered daily). This would occur at a designated time and coordinated with city staff at each park. This ensures that sites have snacks for the week and are able to serve these snacks to the children enrolled in their program and according to their designated snack time. FLIPANY is familiar with the monthly reports required to submit to the State of Florida. Each site must attend training and is required to complete daily snack service reports. This is mandated by the State of Florida and the local Department of Health. Monthly site reports are collected via email or fax from each site; by the 5th of the following month, to be reviewed by FLIPANY staff for accuracy in or to be submitted to the State of Florida for reimbursement. The monthly unit cost does not include the price of any meals delivered in accordance with this program. FLIPANY will seek reimbursement for meals delivered from the State of Florida as an approved Afterschool Meal Sponsor. For additional information please call: Lynne Kunins or Kristine Perez -Carrion 954-636-2388 FLIPANY 1777 N. Dixie Highway Fort Lauderdale, FL 33305 T. 954-636-2388 F. 954-524-8824 City of Miami Invitation for Bid (IFB) Purchasing Department Miami Riverside Center 444 SW 20d Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http:I/eLmiarni.fLuslprocurement IFB Number: 577384,1 Title: Invitation for Bid for an After School Snack Program Provider and Administrator Issue Date/Time: 28-JAN-2016 IFB Closing Date/Time: 04-FEB-2016 @ 14:00:00 Pre -Bid Conference: None Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: January 26, 2016 at 2:00 PM Buyer: Gray, Tahlia Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: tgray@miamigov.com miamigov.com Buyer Facsimile: 305-400-5019 Page 1 of 34 Certification Statement Please quote on this form,, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (1) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, fine, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terns and conditions of this solicitation and certify that I am authorized to sign this submission for the subinitter. Please print the following and sign your name: SUPPLIER NAME: ADDRESS. PHONE • FAX: EMAIL: BEEPER. SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE. SIGN. &ND RETURN THIS FORM SHALL I)ISOCJALIFY THIS BID. Page 2 of 34 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their License(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendurn/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Page 3 of 34 Line: 1 Description: After School Meals Program Provider and Adminstrator Services (not to include cost of meals), as per Section 3.1 Specifications/Scope of Work. Cost of meals will be paid separately by the State. Category: 961.36-00 Unit of Measure: Month Unit Price: $ Number of Units: 1 Total: $ Page 4 of 34 Invitation for Bid (IFB) 577384,1 Table of Contents Terms and Conditions 6 1. General Conditions 6 1.1, GENERAL TERMS AND CONDITIONS 6 2. Special Conditions .26 2.1. PURPOSE 26 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE 26 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 26 2.4. TERM OF CONTRACT 26 2.5. CONDITIONS FOR RENEWAL 26 2.6. NON -APPROPRIATION OF FUNDS 26 2.7. METHOD OF AWARD 27 2.8. TIE BIDS 27 2.9. BIDDER'S MINIMUM QUALIFICATIONS 27 2.10. INSURANCE REQUIREMENTS 28 2.11. SUPPLIER CONTACT INFORMATION AND REFERENCES 29 2.12. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS 29 2.13. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 29 2.14, BACKGROUND CHECKS 30 2,15, CATERERS EILIGIBILITY REQUIREMENTS 30 2.16. CERTIFICATE OF COMPETENCY 30 2.17. PRICING 30 2.18. METHOD OF PAYMENT 3 I 2.19. LIQUIDATED DAMAGES 31 2.20. CONTRACT ADMINISTRATOR 31 2,21, PERFORMANCE REVIEW 31 2.22, ADDITIONS/DELETIONS OF FACILITIES/SERVICES 31 2.23. USE OF PREMISES 32 2.24, DAMAGES TO PUBLIC/PRIVATE PROPERTY 32 2.25, RECORDS 32 2.26. FAILURE TO PERFORM 32 2.27. ADDITIONAL TERMS AND CONDITIONS 32 2.28. TERMINATION 33 2.29, PRICE ADJUSTMENTS 33 3, Specifications 34 3.1. SPECIFICATIONS/SCOPE OF WORK 34 Page 5 of 34 Invitation for Bid (IFB) 577384,1 Terms and Conditions 1, General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of S25,OOO,OO or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION —The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available al the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 6 of 34 Invitation for Bid (IFB) 577384,1 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when pemtissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s), 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs, C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The terns of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods, G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 7 of 34 Invitation for Bid (IFB) 577384,1 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is Iicensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award, The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1,14. BRAND NAMES - Hand wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, tninirnum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the itern(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City, If samples should be requested, such samples most be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unainortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 8 of 34 Invitation for Bid (IFB) 577384,1 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSIIA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), es applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672), F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National. Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74, L. The Florida Statutes Sections 218,73 and 218,74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recornrnendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000, The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 9 of 34 Invitation for Bid (IFB) 577384,1 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry continents or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of ivliami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 10 of 34 Invitation for Bid (TFB) 577384,1 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS -- Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)IProposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to bo hoard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Coinmission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsihiility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity, (6) False certification pursuant to paragraph (c) Below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 11 of 34 Invitation for Bid (IFB) 577384,1 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS --An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the constnictien or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the worlc under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERIVIINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 12 of 34 Invitation for Bid (IFB) 577384,1 to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidders)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response, Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties, To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control, This Contract ntay be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the tow bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 13 of 34 Invitation for Bid (IFB) 577384,1 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected, The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature, 3) A contract may not be awarded to any person or finn which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shalt be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F,O,B, DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bidlproposal, 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 14 of 34 Invitation for Bid (IFB) 577384,1 cniployers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shaft be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increases) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof, 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the fonn and method of transmission (paper records, and/or electronic transfer of data), The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, Page 15 of 34 Invitation for Bid (IFB) 577384,1 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions, In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement, 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44, INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Fonnal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Page 16 of 34 Invitation for Bid (IFB) 577384,1 Requirements". The City shall be listed as an "Additional Insured," Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shalt be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future 'responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer, 1.47. INVOICES - Invoices shalt contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act), 1.48. LOCAL PREFERENCE A, City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and fmal bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B, City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal, Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability, 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. Page 17 of 34 Invitation for Bid (IFB) 577384,1 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense, These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidders)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56, ONE PROPOSAL - Only one (I) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. OWNERSIIIP OF DOCUIVIENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1,58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 18 of 34 Invitation for Bid (IFB) 577384,1 circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (IIARI)COPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct, C, The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. PRICE ADJUSTMENTS Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the. City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. Page 19 of 34 Invitation for Bid (1FB) 577384,1 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. P:ROIYIPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized.. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet wilt be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property white in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66, PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the constriction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 1 l9, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. Page 20 of 34 Invitation for Bid (IFB) 577384,1 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new, The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The worldservices performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law, 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec, 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager, (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive, A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. 1. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or li. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. 1. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 21 of 34 Invitation for Bid (IFB) 577384,1 receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields, If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or Any actual Responsive and Responsible Bidder whose Bid is lower than that of the reconunended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested, A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii, A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (1), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such parity's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the Page 22 of 34 Invitation for Bid (IFB) 577384,1 City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs, All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74, SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification, Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided, Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response, 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS, Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be rnade at that time, A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Page 23 of 34 Invitation for Bid (IFB) 577384,1 Directions to City Hall: FROM THE NORTH; I-95 SOUTH UNTIL IT TURNS INTO US I , US I SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence, Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed • in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer, 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract, B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or Page 24 of 34 Invitation for Bid (IFB) 577384,1 defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation, The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business houus unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO P'UDLIC RECORDS DISCLOSURE- Al[ Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes, An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside, Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your c [aim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes, No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product frilly complies with the City's specifications. Page 25 of 34 Invitation for Bid (IFB) 577384,1 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for an after school snack program provider and administrator, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Tahlia Gray; fax: (305) 400-5019 or email: tgray c@i miamigov.com, and a copy fled with the Office of the City Clerk, pursuant to Section 1.34. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than January 26, 2016 at 2:00 PM, All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for one (1) year with the option to renew for two (2) additional one (1) year periods, subject to the availability of fiends for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.6. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Bidder(s) or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). Page 26 of 34 Invitation for Bid (IFB) 577384,1 2.7. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications, herein. 2.8. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section, 2.9. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing the services as described in this Bid; that have a record of performance for three (3) years; and that have adequate financial support, equipment and organization to insure that they can satisfactorily provide the services if awarded a Contract under the terms and conditions herein stated. Successful Bidder shall: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the last three (3) years. Page 27 of 34 Invitation for Bid (rFB) 577384, I (3) Be an approved Afterschool Meals Program (AMP) sponsor by the State of Florida, Department of Health. Provide their (four) 4 digit authorization number or letter from the State of Florida, Department of Health showing approved status ofsponsorshiyt. (5) Provide proof of Level 2 background screening of all staff involved in the delivery of the food services to City of Miami Parks. 2.10. INSURANCE REQUIREMENTS ) IDEr1NIFICATION Successful Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Successful Bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of Successful Bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation- thereof. The Successful Bidder shall furnish to City of Miami, c/a Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida (2) Commercial Genera' Liability (Primary and Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $ l .000.000 General Aggregate Limit: S2,000,000 Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000.000. B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contractual Liability. (3) BusinessAutomobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - $1,000.000 B. Endorsements Required: City of Miami included as an Additional Insured BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the Page 28 of 34 Invitation for Bid (IFB) 577384,1 State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID Nf JST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder shalt be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder. 2.11. SUPPLIER CONTACT INFORI\'IATION AND REFERENCES Bach bid must be accompanied with the Successful Bidder's contact information and a list of three (3) references, as attached in the header/Attributes Section of this Solicitation, which shall include the name of the company, dates of contract, and a contact person with the telephone number. 2.12. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specificied herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under the Bidder's Minimum Qualifications section. All information required shall be included in the solicitation response. If bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that bidder will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work unless it request in writing the hiring of subcontractor(s) with the aforementioned requirements attached to its request within seventy two (72) hours of considering hiring subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of receiving said request. 2.13. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Successful Bidder is required to identify any and all Subcontractors that will be used in the Page 29 of 34 Invitation for Bid (IFB) 577384,1 performance of the proposed contract, their capabilities, experience, minority designation, as defined in Ordinanee 10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive; unless, the low bidder submits this documentation to the City within five (5) working days after the bid opening, The Successful Bidder shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specifications shall be construed as establishing any contractual relationship between any Subcontractor and the City. The contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and their employees, as for acts and omissions of persons employed by contractor. 2.14. BACKGROUND CHECKS Successful Bidder shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Fla. Stat. § 101232. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level 2 screening requirements. Prior to commencement of the project, Successfitl Bidder shall provide Level 2 background screening results for all employees. 2.15. CATERER'S EILIGIBILITY REQUIREMENTS To be eligible for award of a contract in response to this solicitation, the Successful Bidder must engage/subcontract or be an approved caterer listed on the Florida Health Child Care Food Program (CCFP) Caterer List. In addition, the Caterer must have no conflict of interest with regard to any other work performed by the Caterer for the City of Miami. 2.16. CERTIFICATE OF COMPETENCY Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold all valid Certificates of Competency or Licenses as required by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If any or all work required in conjunction with this bid is performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder's proposal. A copy of the certificate must be submitted with the bid proposal. Failure to submit this document may render this bid non -responsive; provided, however that the City may at its sole option, allow the Successful Bidder to supply the Certificate to the City within seven (7) calendar days from the date of the bid opening. 2.17. PRICING Page 30 of 34 Invitation for Bid (IFB) 577384,1 Bidder must quote a firm, fixed price for all services stated in the Invitation For Bid (IFB), which includes any travel/delivery associated with coming to the City oflvliami facilities. Prices provided in this IFB are valid for 120 days from the time of the IFB opening. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until services have been awarded. 2.18. METHOD OF PAYMENT The City will accept invoices no more frequently than once per month. Each invoice shall fully detail the related costs and shall specify the number of snacks provided at each participating facility. The City will pay the contract price minus any liquidated damages and/or other damages to the Successful Bidder upon completion and acceptance of each month's service. 2.19. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $100,00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successfid Bidder for such damages if the costs incurred exceed the amount clue to the Successful Bidder, 2,20. CONTRACT ADMINISTRATOR Upon award, Successful Bidder shall report and work directly with Lars DeSouza or designee, who shall be designated as the Contract Administrator(s) for the City. The Administrator's duties shall be: 1. Liaison with Successful Bidder, 2. Coordinate and approve all work under the contract. 3, Resolve any disputes. 4, Assure consistency and quality of Successful Bidder's performance. 5. Schedule and conduct Successful Bidder performance evaluations and document findings. 6. Review and approve for payment all invoices for work performed or items delivered. 2.21. PERFORMANCE REVIEW The City Contract Administrator or designee may complete a Vendor Performance Form to periodically review and rate the Successful Bidder's performance under the contract. The form shall also be used to list all discrepancies found during the review period. Vendor performance reviews and subsequent reports will be used in determining the suitability of the contract renewal, 2.22. ADDITIONS/DELETIONS OF FACILITIES/SERVICES Page 31 of 34 Invitation for Bid (IFB) 577384,1 Although this Solicitation identifies specific facilities/services to be provided, it is hereby agreed and understood that any facility/service may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new services/items/products. If these quotes are comparable with market prices offered for similar services, they shall be added to the contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.23. USE OF PREMISES The Successful Bidder shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder shall take all measures necessary to protect his/her own materials. 2.24. DAMAGES TO PUBLIC/PRIVATE. PROPERTY The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.25, RECORDS The City shall have access to all documents submitted to the State for reporting purposes, at any given time. It is expected that the Successful Bidder keep organized and readily available records of all reporting at all times. During the contract period, and for a least five (5) subsequent years thereafter, Successful Bidder shall provide City access to all files and records maintained on the City's behalf. 2.26. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2,27. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and arc inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Successful Bidder's authorized signature affixed to the Successful Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as Page 32 of 34 Invitation for Bid (IFB) 577384,1 part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.28. TERMINATION A. FOR DEFAULT If the Successful Bidder defaults in its performance under this Contract and does riot cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services; provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of MVlianai. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of IVliami, If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Ivliami the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost, To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.29. PRICE ADJUSTMENTS Prices quoted shall be firm for the initial contract term (one year). No price increases shall be accepted or considered in the initial contract term. Thereafter, any renewal which may be approved by the City shall be subject to price adjustments. Prices for any renewals shall be subject to escalation or de-escalation requests by the Successful Bidder or the City. Such adjustments shall be based on any increase or decrease in the number of park sites serviced by the Successful Bidder, Adjustments shall also be considered as a result to any forthcoming legislation as it relates to the services rendered (i.e. labor costs). Any requested adjustments shall be fully documented and submitted to the City at least sixty (60) days prior to the contract end date. Any approved price adjustments shall become effective on the beginning of the date of the approved contract renewal. The City may, after examination, refuse to accept the adjusted costs if they are not property documented, or are considered to be excessive, or if decreases are considered to he insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date, Page 33 of 34 Invitation for Bid (IFB) 577384,1 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The Department of Parks and Recreation is seeking the services of a vendor to manage the State of Florida Department of health, Afterschool Meals Program (AMP) a sub -component of the Child Care Food Program (CCFP). The AMP provides reimbursement for nutritious snacks and/or suppers served to children participating in eligible afterschool programs located in low-income areas, Funding for this program comes from the U.S. Department of Agriculture, Food and Nutrition Service. The Successful Bidder will provide services for all park sites in the City of Miami participating in this program during the school year. The Successful Bidder shall: 1. Provide all staffing/administrative support required for the monitoring, tracking and delivery of snacks to approximately 1,500 children daily (Monday thru Friday). 2. Be or engage the services of an approved State of Florida Department of Agriculture caterer to prepare individually packaged snacks for the children in the after school program in compliance with all nutritional standards outlined by the State of Florida, 3. Facilitate the daily (Monday thru Friday) delivery of the required number of snacks to each park site, 4. Create and submit reports to the State of Florida, Department of Health inclusive of all information with regards to meal distribution and any required paperwork per the state's guidelines for reimbursement as a sponsor of the after school snack program. This reporting is to be completed via the State's Ivianagement Information and Payment System (MIPS). Note: Monthly administrative fee shall not include the price of any meals delivered in accordance with this program. The Successful Bidder will seek reimbursement for meals delivered from the State of' Florida as indicated in the program guidelines on the State's website. Page 34 of 34 tmt ANNIE PEREZ, CPPO DANIEL J. ALPONSO Ch{eProuumneaiR Meer City Mruloger ADDENDUM NO. 1 IFB No. 577384 January 28, 2016 invitation for Bid (IFB) for an After School Snack Program Provider arid Administrator TO: ALL. PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned I FB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words .and/or figures shall be added. The remaining provisions are now In effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. The attachment titled "City of Miami Snack Sites" has been deleted in its entirety and replaced. B. Special Conditions, Section 2.9, Bidder's Minimum Qualifications has been deleted in its entirety and replaced to reflect the authorizing agency as the State of Florida Department of Health. C. Special Conditions Section 2.15, Eligibility Requirements, has been renamed Caterer's Eligibility Requirements. D. Special Conditions Section 2.29, Price Adjustments has been added. E. Section 3.1, Specifications/Scope of Work has been deleted in its entirety and replaced. F. The following are the City's responses to questions received from prospective bidders: QI. There is no section for pricing the After School Snack Program Provider section. Please elaborate. AI. As. stated in Section 3.1, Specifications/Scope of Work, "the Successful Bidder will seek reimbursement for meals from the State of Florida as indicated in the program guidelines on the State's webslte." Q2. What is the scope of services for the administrator piece of this solicitation? Who is the incumbent and what is their current pricing? A2. Please see Section 3.1, Specifications/Scope of Work #1-4. The Incumbent is the City of Miami: There Is no pricln.g available. Page 1 Q3. We are an approved food service vendor with the Florida Department of Agriculture and Consumer Services, Division of Food, Nutrition, and Wellness. Does this satisfy the requirement in Section 2.9 Bidder's Minimum Requirements subsection #3? A3. No. As per Section 2,9 Bidder's Minimum Requirements (3), Successful Bidder shall be an approved Afterschool Meal Program "sponsor" per the State of Florida, Department of Health, ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. AP/tg Cc: IFB File Sincerely, daitg Ar, re Perez, CPPO. Di ector of Procurement . Page 2