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Home My WebLink AboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To : Emilio T. Gonzalez, Ph.D. DATE : City Manager FROM : Annie Perez, CPPO Director of Procurement SUBJECT: Sept. 23, 2019 FILE : Recommendation of Award for Families First Parenting Program Meal Services REFERENCES :Invitation for Bid (IFB) No. 1073381 ENCLOSURES: RECOMMENDATION: Based on the findings below, the Procurement Department ("Procurement") hereby recommends the award of IFB No. 1073381 to Randazzo Catering, Inc. dba Creative Tastes Catering ("Creative Tastes") the sole responsible and responsive Bidder, for the provision of Families First Parenting Program Meal Services, on an as needed basis, for the Office of Grants Administration ("Grants"). The awarded vendor, contract terms, and amount shown below. Contract NumberlTitie: IFB No. 1073381, Families First Parenting Program Meal Services Contract Amount: Approximately, $17,610.24 annually (Approximately $88,051.20 in the aggregate). Contract Term: Initial term of three (3) years, with the option to renew for one (1) additional two (2) year period. Recommended Vendors: Randazzo Catering, Inc., dba Creative Tastes Catering BACKGROUND: On June 14,2019, Procurement issued IFB No. 1073381, under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online. On July 15, 2019 at bid closing one (1) bid was received. The bid was evaluated following the guidelines published in the bid. However, once Procurement finalized the solicitation's evaluation, Grants., at the request of the Miami Dade County's Children's Trust ("Children's Trust"), increased the number meals to be provided for specific sections, but decreased the number of meals for Citywide events (Line Items No's 5 and 6) of the Program. The new unit of measures are as follows: Item # Description UOM Quantity UOM New Quantity 1 CYCLE 1 SESSION ADULT DINNERS- Families First Parenting Program (August Through December) Each 480 Each 864 2 CYCLE 1 SESSION CHILDREN DINNERS- Families First Parenting Program (August Through December) Each 480 Each 864 3 CYCLE 2 SESSION ADULT DINNERS- Families First Parenting Program (February through May) Each 480 Each 864 4 CYCLE 2 SESSION CHILDREN DINNERS- Families First Parenting Program (February through May) Each 480 Each 864 5 CITYWIDE EVENTS ADULT LUNCHES- Families First Parenting Program Each 315 Each 125 6 CITYWIDE EVENTS CHILDREN LUNCHES- Families First Parenting Program Each 315 Each 125 Creative Tastes was the sole responsive and responsible Bidder. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation; Approved: mill . Gonzalez, Ph.D., City Manager Date: /e/siC PR16101 Page 2 of 2 TABULATION OF BIDS IFB NO. 1073381 Families First Parenting Program Meal Services Randazzo Catering, Inc dba Creative Tastes Catering Item # Description UOM Unit Price # 1 CYCLE 1 SESSION ADULT DINNERS -Families First Parenting Program (August Through December) Each $4.93 480 $2,366.40 # 2 CYCLE 1 SESSION CHILDREN DINNERS - Families First Parenting Program (August Through December) Each $4.93 480 $2,366.40 #3 CYCLE 2 SESSION ADULT DINNERS -Families First Parenting Program(February through May) $4.93 Each 480 $2,366.40 CYCLE 2 SESSION CHILDREN DINNERS - Families First Parenting Program (February through May) # 4 Each $4.93 480 $2,366.40 # 5 CITYWIDE EVENTS ADULT LUNCHES- Families First Parenting Program Each $2.98 315 $938.70 # 6 CITYWIDE EVENTS CHILDREN LUNCHES- Families First Parenting Program Each $2.98 315 $938.70 TOTAL (AS BID) $11,343.00 Prepared by: Victoria Giraldo, July 24, 2019 Page 1 of 1 Approved by. Department Di ec or/Designee IFB- 1073381 Familes First Parenting Program Meal Services The following survey was sent to vendors registered in the Oracle ISupplier system who were notified of the business opportunity. The above referenced solicitation was advertised on June 14, 2019. The due date was July 15, 2019. The solicitation did have minimum requirements; however, these would not preclude firms from responding that were regularly engaged in the furniture business. Due to the lack of participation, Procurement reached out to the some of the identified firms to determine whether barriers existed in their decision not to compete. For example: 1. My firm was unable to meet the timeline for proposal due date. 2. My firm did not have enough time to ask the City questions necessary to complete the IFB. 3. Not enough information in the Scope of Services. 4. Not Interested. Following are the responses as received from firms: Firm Response 1 L &Y Hospitality dba Bleu Flame Catering Leroy Reynolds Lreynolds(a�bleuflamecaterinq.com No Response 2 La Camaronera Fish Box David Garcia david(a)garciasbrothersseafood.com No Response 3 Piccadilly Restaurants, LLC Keith Brown kbrown@piccadilly.com My firm was unable to meet the timeline for proposal due date. 4 Prepdtogo LLC Chris Kram Tgthree1948(c�gmail.com No Response 5 Relish Miami, LLC Elizabeth Guerra Elizabeth@relishmiami.com No Response 6 Salt N Pepper Spoon Victor Lopez e erspoon saltn p pp @gmail.com No Response 7 The Corner Muse Inc Mark Scharnitz Info@heartsofpalmcatering,com No Response 8 The ILS Group LLC dba Classic Caterers Orlando Monteagudo Omonteaqudo53(a�gmail.com No Response 9 The Pcock Brother's LLC Pedro Pavao pedrinhopavaome.com No Response 10 The Village Youth Service, Inc. LaMekka Noble lamekka(�villageyouth.orq No Response 11 Exquisite Catering By Robert Robert Egert Exquisitecater07@aol.com No Response 12 USARG,Inc Claudio Garcia USARGbakery©hotmail.com No Response 13 Family Vita Difortuna Corp dba It's a Wrap Philip DeVita Victoriadifortunayahoo.com No Response IFB 1073381 Families First Parenting Program Meal Services REQUIREMENTS Bidders Randazzo Catering, Inc dba Creative Tastes Catering Completed Certification Statement Yes Completed Certifications Form Yes Current Business Tax Receipt / Occupational License Yes Performed Services for at least 5 years Yes Performed Services for at least 7 years N/A State of Florida Professional License Yes Last Inspection Yes Sample Menu Yes References Yes Acknowledged Addendums Yes Local Office Form Completed Yes Local Office Confirmed Not a Local Office Cure Items Responsive and Responsible Quote: 2624364(RF(l 107}381) Time Left Quote Style Quote Currency Contact Supp|iers'8uote Number Quote Status ' Requisitions Negotiations > Sourcing �� Navigator Favorites Negotiations Intelligence Home Logout Preferences Help Diagnostics Advanced Search > RFQ: 1073381 > Quote History (RFQ 1073381) > Title Invitation for Bid for Families First Paren nqPmqramMea| Services 0seconds Sealed WSD Randazzo, Frank 00001 Active Note to Buyer N/A - Name-- - City ofMiami Local Office Certification Attachment Florida Catering License Attached Attachments Miami Dade LBT2U19'2OAttached Requirements Health Department Attached Department ofHealth Inspection report___ Menu Sample Attached Menu Sample Actions |Cm|ineDiscussions Close Date Ranking Supplier Supplier Site Quote Valid Until Purchase Order Shortlist Status 15- u|'30191/kM0:0M Price Only Randazzo Catering, Inc dba Creative Tastes Catering Included litle__ Update Delete Florida Caterinq License Miami Dade LBT ^v �� Show All Details | Hide All Details Details Section ,3Hide General Maximum Score U' U Requirements Target Value Quote Value_ .... _... ____________ Lega|Nameof�nn� Randazzo [atehng,Inc d/�a[reabveTa�es[�ehng � ' Entity Type: Partnership, Sole / Corporation Proprietorship, Corporation, Maximum Score Score Year Established: 2,007 Federal Employer Idenbflcaton 26'0770678 Number(FBN) Office Location: City of Miami, Miami -Dade County, mOther Business Tax Receipt/ Occupational License Number: Business TaxRecepV Miami -Dade Occupational License Issuing Agency: -.... Business Tax 30'Sep'2019 12220SVV131Ave Miami, FL331O6 Miami -Dade Local Business Tax Receipt 6402739 Quote: 2629364 (RFQ 1073381) Page 4 of 4 CHILDREN 11:38:31 DINNERS - Families First Parenting Program (August Through December) Show 3 CYCLE 2 261000 - 1 4.93 Each 480 480 15-Aug- 2,366.40 1 SESSION Procurement 2019 ADULT 11:38:38 DINNERS - Families First Parenting Program (February through May) Show 4 CYCLE 2 261000 - 1 4.93 Each 480 480 15-Aug- 2,366.40 1 SESSION Procurement 2019 CHILDREN 11:38:44 DINNERS - Families First Parenting Program (February through May) Show 5 CITYWIDE 261000 - 1 2.98 Each 315 315 15-Aug- 938.70 1 EVENTS Procurement 2019 ADULT 11:38:51 LUNCHES - Families First Parenting Program 1 Show 6 CITYWIDE 261000 - 1 2.98 Each 315 315 15-Aug- 938.70 1 EVENTS Procurement 2019 CHILDREN 11:38:58 LUNCHES - Families First Parenting Program Return to Quote History (RFQ 1073381) Actions !Online Discussions Requisitions Negotiations Intelligence Home Logout Preferences Help Diagnostics About this Page Privacy Statement Copyright (c) 2006, Oracle. All rights reserved. http://imapl.riverside.cmgov.net:8003/OA HTML/OA.jsp?OAFunc=PONRESENQ_VIE... 7/17/2019 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: IFB 1073381 (i.e. IFQ/IFB/RFP/RFQJRFLI No. 123456) Solicitation Title: IFB 1073381 Families First Parenting Program Meal Services Randazzo Catering, Inc. dro/a Creative Tastes Catering (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 -City of Miami local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 12229 SW 131 Ave Miami FL 33186 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? ✓ YES I n I NO If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? (� 111 I YES ri NO ri N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: j �j YES I r I NO Exempt Cite Exemption: Miami -Dade County: ✓ YES NO Li Exempt Cite Exemption: 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? I r I YES NO 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. Frank Randazzo Print Name (Bidder/Proposer Authorized Representative) Date 2 FORM -City of Miami Local Office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF TD>- Certified to and subscribed before me this 1 5 day of C-CA-S IC c = Q-Z Z . (NOTARY SEAL) (Sig azure of Public -State of Florida) (Na of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification—e. 5,1 - tj 5 - ?/ .33 7- 3 Type of Identification Produced '(GL1 qua. LEZCANO MY COMMISSION # GG 071022 EXPIRES March 25, 2021 ecr ad 'Nu Nctar1 Public 11r.�'..cealers FORM -City of Miami Local Office Certification 7/22/2013 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-1011 RANDAZZO CATERING INC CREATIVE TASTES CATERING 12229 SW 131 AVE #B2 MIAMI FL 33186-6401 Congratulations'. With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! RICK SCOTT, GOVERNOR LICENSE NUMBER 850-487-1395 STATE OF FLORIDA h-'4i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CAT2327049 ISSUED: 10/02/2018 CATERER (2013) RANDAZZO CATERING INC CREATIVE TASTES CATERING IS LICENSED under the provisions of Ch.509 FS. Expiration dale - OCT 1 2019 L181CO200005C5 DETACH HERE JONATHAN ZACHEM, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS CAT2327049 The CATERER (2013) Named below IS LICENSED Under the provisions of Chapter 509 FS. Expiration date: OCT 1, 2019 RANDAZZO CATERING INC CREATIVE TASTES CATERING 12229 SW 131 AVE #B2''"'. MIAMI FL 33186-6401 ISSUED 1nln2/7n1A fICDI AV AC Dc r I loan ov' A1A! . NON- . . TRANSFERABLE. Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL. -CO NOT PAY 6139505 BUSINESS NAME LOCATION CREATIVE TASTES CATERING 12229 SW 131 ST AVE MIA11.9I FL 33186 RANDAllO CATER NC I^.0 Employee(s) 15 RECEIPT No. RENEWAL .6402739 SEC. TYPE OF BUSINESS 195 CATERING BUSINESS CAT2327049 EXPIRES SEPTEMBER 30, 2019 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR $112.50 10/02/2018 CH ECK21-19-000812 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder s qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www;miamidadg,govftaxcolls!ctor STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION w \vw.myfloridal icense.com Food Service Inspection Report This inspection report must be made public upon request per Florida law. Met Inspection Standards during this visit ANY VIOLATIONS noted herein must be corrected by the NEXT UNANNOUNCED inspection unless otherwise stated. Inspection Date: License Number: Owner Name: Location Address: May 23, 2019 09:49 - May 23, 2019 10:39 2327049 Rank: CATR RANDAZZO CATERING INC 12229 SW 131 AVE #B2 MIAMI FL 33186-6401 Number of Units: 0 License Expiration: Inspection Reason: Business Name: License Type: Telephone Number: Reinspection on or After: October 1, 2019 Routine - Food CREATIVE TASTES CATERING Catering 305.609.7129 FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS 01A Food obtained from approved source IN 07 Unwrapped or PH/TCS food not re -served IN 01 B Food safe and unadulterated; sound condition IN 08A Separating raw animal foods from: each other, RTE foods and unwashed produce IN 01 C Shellstock tags; commingling N/A 08B Food protection during preparation, storage and display IN 01 D Parasite destruction for raw/undercooked fish N/A 09 Bare hand contact with RTE food; Alternative Operating Procedure (AOP) IN 02A Consumer advisory on raw/undercooked oysters N/A 11 Employee health knowledge; ill/symptomatic employee present IN 02B Consumer advisory on raw/undercooked animal foods IN 12A Hands clean and washed properly; use of hand antiseptic if use of AOP IN 02C Date marking ready -to -eat (RTE) potentially hazardous / time/ temperature control for safety foods IN 126 Employee eating, drinking, tasting food, smoking IN 03A Receiving and holding PH/TCS foods cold IN 22 Food -contact surfaces clean and sanitized OUT 03B Receiving and holding PH/TCS foods hot N/O 31A Handwash sink(s) installed, accessible, not used for other purposes IN 03C Cooking raw animal foods and plant foods; non -continuous cooking of raw animal foods IN 31 B Handwashing supplies and handwash sign provided IN 03D Cooling PH/TCS foods; proper cooling methods N/O 41 Chemicals/toxic substances OUT 03E Reheating PH/TCS foods for hot holding N/O 53A Food manager certification; knowledge/active managerial control (except employee health) IN 03F Time as a Public Health Control N/A 53B State approved food handler training; employee duty specific training/knowledge IN 03G Reduced oxygen packaging (ROP) and other Special Processes N/A GOOD RETAIL PRACTICES 02D Food items properly labeled; original container 35A No presence or breeding of insects/rodents/pests; no live animals 04 Facilities to maintain PH/TCS foods at the proper temperature 35B Outer openings protected from insects/pests, rodent proof 05 Food and food equipment thermometers provided and accurate 36 Floors, walls, ceilings and attached equipment properly constructed and clean; rooms and equipment properly vented OUT 06 PH/TCS foods properly thawed 38 Lighting provided as required; fixtures shielded or bulbs protected 10 In use food dispensing utensils properly stored 40 Employee personal belongings 13 Clean clothes; hair restraints; jewelry; painted/artificial fingernails 42 Cleaning and maintenance equipment 14 Food -contact and nonfood contact surfaces designed, constructed, maintained, installed, located OUT 43 Complete separation from living/sleeping area/private premise; kitchen restricted - no unauthorized personnel 16 Dishwashing facilities; chemical test kit(s); gauges 1. Wash 2. Rinse 3. Sanitize OUT 45 Fire extinguishing equipment (FOR REPORTING PURPOSES ONLY) May 23, 2019 at 10:39:43 AM EDT Location: CREATIVE TASTES CATERING License tt: CATR2327049 Inspector: James Seyba Food Service Inspection Report DBPR Form HR 5022-015 - Rule 61C-1.002, FAC Software Version 6.62 Page: 1 of 3 STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION www.myfloridalicense.com Inspector Comments: Verified ownership with operator. Joint inspection with Supervisor Harvie. Calibrated Inspectors food probe thermometer (32°F) and operators food probe thermometer (32°F) during the inspection with the person in charge to ensure accuracy of the thermometer. Establishment open and preparing food at the time of inspection. During the time of inspection the establishment does not have any contracts with any food programs. Regular catering only. A link to the Florida Department of Agriculture's Food Recovery Resource Guide is located at: http://www.myfloridalicense.com/DBPR/hotels-restaurants/forms-publications This report has been provided electronically as requested by the person in charge at the time of inspection. VIOLATIONS 14-67-4 Observed: Reach -in cooler gasket torn/in disrepair. Reach in #2. Priority: Basic 14-69-4 Observed: Ice buildup in reach -in freezer. White chest freezer by office. Priority: Basic 16-46-4 Observed: Old labels stuck to food containers after cleaning. Priority: Basic 21-10-4 Observed: Soiled dry wiping cloth in use. Priority: Basic 21-38-4 Observed: Wiping cloth sanitizing solution stored on the floor. Chef moved into shelf. "`Corrected On -Site"" Priority: Basic 22-08-4 Observed: Interior of oven has heavy accumulation of black substance/grease/food debris. Next to mixer. Priority: Basic 29-49-5 Observed: Observed standing water in bottom of reach -in cooler. Reach in #2. Priority: Basic 36-18-4 Observed: Floor tiles cracked, broken or in disrepair. By double door oven. Priority: Basic 36-41-4 Observed: Fan cover in walk-in cooler/freezer has accumulation of dust or debris. Observed mold like substance on side of walk in cooler fan. Priority: Basic 36-73-4 Observed: Floor soiled/has accumulation of debris. On cook line. Priority: Basic 41-27-4 Observed: Wiping cloth sanitizer solution exceeds the maximum concentration allowed. Observed sanitizer bucket with chlorine level above 200, chef added more water to lower level to 100. **Corrected OnSite** Priority: High Priority Signature of Recipient Inspector Signature Andrea Curto Randazzo James Seyba Chef Senior Sanitation And Safety Inspector 12229 SW 131 Ave 8240 NW 52nd Terrace Suite 101 Miami, FL 33186 Doral, FL 33166 305-256-8399 850-487-1395 May 23, 2019 10:39 May 23, 2019 10:35 May 23, 2019 at 10:39:43 AM EDT Location: CREATIVE TASTES CATERING License t.: CATR2327049 Inspector: James Seyba Food Service Inspection Report DBPR Form HR 5022-015 - Rule 61C-1.002, FAC Software Version 6.62 Page: 3 of 3 (LUNCH & DINNER (SUNF'ttt) MLNU REQUIREMENTS: one serving milk + one serving vegetables + one serving fruit OR vegetable + two servings grains/breads + one serving meat or alternative WEEK 1 Monday Tuesday Wednesday Thursday Friday Required • Required rr']Pnt Food Food • Food Food Food o ow handout Meat/Alt. 3 oz Polio 3 oz Filete de Pescado 3 oz Fricase de Puerco 3 oz Picadillo 3 oz Albondigas en Salsa for ounces •• Grain/Bread 1/2 taza Arroz Blanco 1/2 taza Arroz Blanco 1/2 taza Arroz Blanco 1/2 taza Arroz Amarillo 1/2 taza Arroz Blanco Food Pattern • • Grain/Bread 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 1/2 cup Vegetable 1 taza Ensalada Mixta Habichuelas Vegetales Estofados Vegetates Mixtos 1 taza Ensalada Mixta 1/2 cup Fruit OR Veg. Garbanzos Frijoles Negros Lentejas Chicharos Calabaza Hervida 8 oz. Milk Leche 1 % Leche 1 % Leche 1 % Leche 1 % Leche 1 % Optional Food WEEK 2 fFequUed size * Required Comment Food Food Food Food Food ..eivine Follow handout Meat/Alt. 3 oz Bistec de Jamon 3 oz Fricase de Polio 3 oz Pescado Asado 3oz Ropa Vieja 3 oz Puerco Asado for ounces •• Grain/Bread 1/2 taza Arroz Amarillo 1/2 taza Arroz Blanco 1/2 taza Arroz Blanco 1/2 taza Arroz Blanco 3/4 taza Congri (1/2 t Arroz) Food Pattern •• Grain/Bread 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 1/2 cup Vegetable 1 taza Ensalada Mixta Zanahorias 1 taza Ensalada Mixta Vegetales Mixtos 1 taza Ensalada Mixta 1/2 cup Fruit OR Veg. Chicharos Frijoles Negros Lentejas Frijoles Colorados Yuca con Mojo 8 oz. Milk Leche 1 % Leche 1 % Leche 1 % Leche 1 % Leche 1 % Optional Food WEEK 3 Required tprvinv Size' Required omrxx�s+nt Food Food Food Food Food Follow handout Meat/Alt. 3 oz Filetillo de Carrie 3 oz Caseroia de Puerco 3 oz Pescado en Salsa 3 oz Polio 3 oz Bistec en Cazuela for ounces •• Grain/Bread 1/2 taza Arroz Blanco 1/2 taza Arroz Blanco 1/2 taza Arroz Blanco 1/2 taza Arroz Amarillo 3/4 taza Congri (1/2 t Arroz) Food Pattern •• Grain/Bread 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 1/2 cup Vegetable Zanahorias 1 taza Ensalada Mixta 1 taza Ensalada Mixta Habichuelas 1 taza Ensalada Mixta 1/2 cup Fruit OR Veg. Frijoles Colorados Frijoles Negros Frijoles Blancos Maduros Yuca con Mojo 8 oz. Milk Leche 1 °i° Leche 1 % Leche 1 % Leche 1 % Leche 1 % Optional Food WEEK 4 'Required Servine Size • Required Component Food Food Food Food Food Follow handout Mea t/Alt. 3 oz Albondigas en Salsa 3 oz Masas de Puerco 3 oz Polio con 3 oz Filete de Pescado 3oz Pollo Asado con Mojo for ounces •• Grain/Bread 1/2 taza Macarrones 1/2 taza Arroz Blanco 1/2 taza Arroz Amarillo 1/2 taza Arroz Blanco 1/2 taza Arroz Blanco Food Pattern •• Grain/Bread 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 0.9 oz Pan de Trigo 1/2 cup Vegetable 1 taza Ensalada Mixta Zanahorias 1 taza Ensalada Mixta Vegetates Mixtos 1 taza Ensalada Mixta t/2 rup Fruit OR Veg. Frijoles Blancos Frijoles Negros Maduros Chicharos Frijoles Negros 8 oz. Milk Leche 1 % Leche 1 % Leche 1 % Leche 1 % Leche 1 % Optional Food TBvsubmittine his form. vou are vent -vine your servine sizes matchor exceed the renuoreTriervme size for milk. Fruit and Veeeta les. These are the minimum reouirements.You can serve more ifyou wish . ••YouMusr usethe rood Buying Guide Grains / Breads handout t 0 list t he El llf1CPS per serv;ng. " You MUSTue th Adult MeaiPttern tor meat requirements. CATERER: Creative Tastes Catering & Event Production 12229 SW 131 Avenue, Miami, FL 33186 Tel: 305-256-8399 Ana M. Alvarez, RD, LD, CUE (ND 41819) Registered Licensed Dietitian/Certified Diabetes Educator Effective Date: Expiration Date: _ (9541 328-4506 To ha valid menus moist ho sinnod in ror► vi th an omhnccmont rani ,n.i ,r, _- _t .._. Adult Care Food Program (ACFP) Approved Caterer List 2019-2020 Caterer Contact Information Serving Counties South Florida A Marshall Catering & Takeout II Gregory Marshall 613 E. Atlantic Boulevard Pompano Beach, FL 33060 Ph: (954) 889-4410 Email: amarshallcatering@gmail.com Broward AFF Catering, Inc. Abel Ferro 25355 SW 142nd Avenue Homestead, FL 33032 Ph: (786) 447-3259 Email: affcatering@gmail.com Miami Dade Annabella Cafe Ulises Fernandez 600 W 27th Street Hialeah, FL 33010 Ph: (786) 537-5383 Email: annabellacafe@outlook.com Broward, Miami Dade, Monroe Aroma Catering Arianna Gomez 530 Sharazad Boulevard Opa Locka, FL 33054 Ph: (305) 330-5432 aromacatering12@gmail.com Broward, Miami Dade Chef Corp. John Carlino 935 Park Avenue Lake Park, FL 33403 Ph: (561) 281-2531 Email: chefcarlino@chefcorp.com Broward, Martin, Palm Beach Construction Catering Millie Bencomo 490 SE 10th Court Hialeah, FL 33010 Ph: (305) 633-5668 Email: constructioncateringinc1@gmail.com Broward, Miami Dade Creative Tastes Catering Frank Randazzo 12229 SW 131 Avenue Miami, FL 33186 Ph: (305) 256-8399 frank@creativetastes.com Broward, Miami Dade, Palm Beach D'Sabor Cafe Arianna Gomez 530 Sharazad Boulevard Opa Locka, FL 33054 Ph: (786) 231-1369 Email: dsaborcafe@gmail.com Broward, Miami Dade Adult Care Food Program (ACFP) Approved Caterer List 2019-2020 Elite Catering Services of Miami, LLC. Carlos Gomez 7700 NW 37th Avenue Miami, FL 33147 Ph: (786) 488-3638 Email: elitecateringservicesofmiami@gmail.com Miami Dade GA Foods David Karpan 12200 32nd Court N St. Petersburg, FL 33716 Ph: (727) 573-2211 Email: dkarpan@gafoods.com or gdavenport@gafoods.com Broward, Miami Dade, Palm Beach Gaby's Cafe, Inc. Yudaisy Hernandez 1351 SW 1st Street Miami, FL 33135 Ph: (305) 519-0575 Email: yudaisy@aol.com Miami Dade Greater Miami Caterers John Olmo 4001 NW 31st Avenue Miami, FL 33142 Ph: (305) 633-4616 [x. 106] Email: jolmo@gmcater.com Broward, Miami Dade, Monroe, Palm Beach Joshua Catering Robert Coleman 2808 N. Australian Avenue West Palm Beach, FL 33407 Ph: (561) 541-1546 Email: rcoleman@thelordsplace.org Palm Beach Miami Nutrition Catering, Inc. Alejandro Santana 420 Palm Avenue Hialeah, FL 33010 Ph: (786) 553-8488 Email: alesan13@msn.com Miami Dade Munchkin Caterers Jose Borrell 5301 NW 23rd Avenue Miami, FL 33142 Ph: (305) 262-1292 [x. 106604] Email: jborrell@ilshealth.com Miami Dade Red Chair Catering Jessica Rosales 1581 Seagrape Way Hollywood, FL 33019 Ph: (754) 610-4373 Email: jessica@redchaircatering.net Broward, Miami Dade, Palm Beach Adult Care Food Program (ACFP) Approved Caterer List 2019-2020 Russky, LLC. Ekaterina 15504 Biscayne Boulevard North Miami, FL 33160 Ph: (786) 280-2986 Email: kavkazmiami@gmail.com Broward, Miami Dade Sergio's Catering Ricardo Gonzalez 4724 NW 167 Street Miami Gardens, FL 33014 Ph: (786) 486-0264 or (305) 454-1900 Email: ricardo@sergiocatering.com Broward, Miami Dade, Palm Beach Star of the Sea Emily Dixon 1020 United Street Key West, FL 33040 Ph: (781) 820-8212 Email: emily@sosmission.org Monroe Sterling Kosher Johnathan Rapp 5850 S Pine Island Road Davie, FL 33328 Ph: (954) 680-4787 Email: Imiano@sterlinggroupfoods.com Broward, Miami Dade Tu Cocinita Catering Sahidy Tolibia 2750 W 68th Street, Suite #105 Hialeah, FL 33016 Ph: (786) 445-1379 Email: sahidy1234@yahoo.es Central Florida Broward, Miami Dade, Palm Beach Doing Dinner Rick Miller 2135 SW 19th Avenue Road, Suite #102 Ocala, FL 34471 Ph: (352) 875-7199 Email: rick@doingdinner.com Marion GA Foods - Pinellas Co. David Karpan 12200 32nd Court N St. Petersburg, FL 33716 Ph: (727) 573-2211 Email: dkarpan@gafoods.com or gdavenport@gafoods.com Charlotte, Desoto, Hardee, Hillsborough, Manatee, Pasco, Pinellas, Sarasota GA Foods - Center Hill David Karpan 27 North Maryland Avenue P.O. Box 179 Center Hill, FL 33516 Ph: (727) 573-2211 Email: dkarpan@gafoods.com or gdavenport@gafoods.com Alachua, Citrus, Columbia, Hamilton, Hernando, Lake, Marion, Sumter Adult Care Food Program (ACFP) Approved Caterer List 2019-2020 GA Foods - Daytona David Karpan 780 Fentress Boulevard Daytona, FL 32114 Ph: (727) 573-2211 Email: dkarpan@gafoods.com or gdavenport@gafoods.com Clay, Duval, Flagler, Orange, Putnam, Seminole, Volusia GA Foods - Ft. Myers David Karpan 5501 Division Drive Billy Creek Industrial Park Ft. Myers, FL 33905 Ph: (727) 573-2211 Email: dkarpan@gafoods.com or gdavenport@gafoods.com Charlotte, Collier, Glades, Hendry, Highlands, Lee, Manatee, Sarasota GA Foods - Orlando David Karpan 5612 Carder Road, Unit C Orlando, FL 32810 Ph: (727) 573-2211 Email: dkarpan@gafoods.com or gdavenport@gafoods.com Clay, Duval, Flagler, Orange, Putnam, Seminole, Volusia Meals on Wheels Sherry Fincher 2801 S Financial Court Sanford, FL 32773 Ph: (407) 333-8877 Email: sfincher@mealsetc.org Lake, Orange, Osceola, Seminole, Volusia R & R Cuban Cafe, Inc. Lenardo Rojas 12995 S Cleveland Avenue, Suite #170 Fort Myers, FL 33907 Ph: (239) 738-3764 Email: bramele@yahoo.com Lee North Florida Elder Care Services Michael Henderson 2518 W Tennesee Street Tallahassee, FL 32304 Ph: (850) 245-5941 Email: hendersonm@ecsbigbend.org Leon Glo's Homesyle Cooking Glory Mitchell 623 Beechwood Street Jacksonville, FL 32208 Ph: (904) 729-3275 Email: glorymitchell1356@gmail.com Duval Cit of 4Thami ANNIE PEREZ, CPPO Director of Procurement EMILIO T. GONZALEZ City Manager ADDENDUM NO. 1 IFB No. 1064383 July 3, 2019 Invitation for Bid (IFB) for Meals for the Adult Care Food Program TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold 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. This Addendum becomes a part of the subject solicitation. A. The IFB closing date and time has been changed to Tuesday, July 16TH, 2019 at 2:OOPM. B. Section 2.25 Living Wage is hereby added: General Terms and Conditions Section. 1.38 Florida Living Wage and City of Miami Living Wage Ordinance, is not applicable to this solicitation. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Sincerely, AP:vg Annie Perez, CPPO Cc: Bid File Director of Procurement City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 611' Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFBNumber: Title: Issue Date/Time: IFBClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1073381 Invitation for Bid for Families First Parenting Program Meal Services 14-JUN-2019 15-JUL-2019 @ 14:00:00 Voluntary Wednesday, June 26, 2019 at 10:00 AM 444 SW 2 Avenue, Miami River Side Building, 6th Floor, North Conference Roo m Monday, July 1, 2019 at 2:00 pm Giraldo, Victoria City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US VictoriaGiraldo@miamigov.com 305-400-5361 Page 1 of 41 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Federal Employer Identification Number (FEIN) Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/ Occupational License Number: Business Tax Receipt/ Occupational License Issuing Agency: Business Tax Receipt/ Occupational License Expiration Date: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/19). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article 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) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Page 3 of 41 Line: 1 Description: CYCLE 1 SESSION ADULT DINNERS -Families First Parenting Program (August Through December ) See Section 2.7, Unit Price Per Meal, for not to exceed price limitations. Category: 95230-00 Unit of Measure: Each Unit Price: $ Line: 2 Number of Units: 480 Total: $ Description: CYCLE 1 SESSION CHILDREN DINNERS -Families First Parenting Program (August Through December) See Section 2.7, Unit Price Per Meal, for not to exceed price limitations. Category: 95230-00 Unit of Measure: Each Unit Price: $ Line: 3 Number of Units: 480 Total: $ Description: CYCLE 2 SESSION ADULT DINNERS -Families First Parenting Program (February through May) See Section 2.7, Unit Price Per Meal, for not to exceed price limitations. Category: 95230-00 Unit of Measure: Each Unit Price: $ Line: 4 Number of Units: 480 Total: $ Description: CYCLE 2 SESSION CHILDREN DINNERS -Families First Parenting Program (February through May) See Section 2.7, Unit Price Per Meal, for not to exceed price limitations. Category: 95230-00 Unit of Measure: Each Unit Price: $ Number of Units: 480 Total: $ Page 5 of 41 Invitation for Bid (IFB) 1073381 Table of Contents Terms and Conditions 8 1. General Conditions 8 1.1. CMIA General Terms and Conditions - IFB 8 2. Special Conditions 33 2.1. PURPOSE 33 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 33 2.3. PRE -BID CONFERENCE 33 2.4. BIDDERS MNIMUM QUALIFICATIONS 33 2.5. CURES 34 2.6. TERM OF CONTRACT 34 2.7. UNIT PRICE PER MEAL 34 2.8. LIVNG WAGE 34 2.9. CONDITIONS FOR RENEWAL 34 2.10. NON -APPROPRIATION OF FUNDS 35 2.11. METHOD OF AWARD 35 2.12. TIE BIDS 35 2.13. NO STYROFOAM 36 2.14. DELIVERY 36 2.15. REASSIGNMENT AND SUBCONTRACTING 36 2.16. FAILURE TO PERFORM 36 2.17. FIXED AND FIRM PRICING 36 2.18. INSURANCE REQUIREMENTS 36 2.19. RESPONSE TIME 38 2.20. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS 39 2.21. PROJECT MANAGER 39 2.22. ACCESS TO CATERER SITE 39 2.23. PRIMARY CLIENT (FIRST PRIORITY) 39 2.24. TERMINATION 39 2.25. ADDITIONAL TERMS AND CONDITIONS 40 3. Specifications 41 3.1. SPECIFICATIONS/SCOPE OF WORK 41 Page 7 of 41 Invitation for Bid (IFB) 1073381 City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attomey's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor 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 Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 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/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible 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 Contract will establish its own Contract, 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/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot 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 Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder Page 9 of 41 Invitation for Bid (IFB) 1073381 exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. 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, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/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, any subcontractor, 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, 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 Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating depai tment. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder 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 where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental Page 11 of 41 Invitation for Bid (IFB) 1073381 award voidable. A violation by a particular Bidder, 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 Miami Dade County Commission on Ethics. 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's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract 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, 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 or its employees must be disclosed in writing to the City. Further, Bidder shall 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 Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder, hereby acknowledges that he/she 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 further warrants that he/she 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 to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. 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 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 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 - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Page 13 of 41 Invitation for Bid (IFB) 1073381 (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/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 work 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/Contractor 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 to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - A. Determination of Responsiveness. Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" Bid 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 to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder 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. 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3) The City may require the Bidder(s) to provide documentation 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. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract 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 Page 15 of 41 Invitation for Bid (IFB) 1073381 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid 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 Bid 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 failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change, or adjusted by the rate of inflation using the consumer price index ("CPI") 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, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Page 17 of 41 Invitation for Bid (IFB) 1073381 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 form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor 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 -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/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 the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/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 Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars (S10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. Page 19 of 41 Invitation for Bid (IFB) 1073381 1.48. LOCAL PREFERENCE -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." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract, or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 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 Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re -procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.53. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race, gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, gender, 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, Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age, religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded equal opportunity for employment. Page 21 of 41 Invitation for Bid (IFB) 1073381 1.60. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form acceptable to the City of Miami Risk Management Director. 1.61. PREPARATION OF BIDS (HARDCOPY FORMAT) - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid amounts, if required, shall be either typewritten, or manually entered into the space provided, with ink. Failure to do so will be at the Bidder's risk. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall sign the Bid, and print type or manually enter the name of the Bidder, the Bidder's address and telephone number, on the face page and on each continuation sheet thereof, on which the Bidder makes an entry, where 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 shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder 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 prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid in hardcopy format. Use of any other forms, will result in the rejection of the Bid. IF SUBMITTNG IN HARDCOPY FORMAT, THE ORIGINAL BID FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS, MUST BE RETURNED TO THE CITY, TO THE LOCATION SPECIFIED IN THE FORMAL SOLICITATION, OR THE BID MAY BE DEEMED NON -RESPONSIVE. 1.62. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/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. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, Page 23 of 41 Invitation for Bid (IFB) 1073381 with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems IF THE ONSULTANT HAS OUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES. TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.71. QUALITY OF WORK/SERVICES - The work/services performed shall 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 the Formal Solicitation. 1.72. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.73. RESOLUTION OF CONTRACT DISPUTES (SECTION 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 disputes between the Successful Bidder/Contractor 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 disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be Page 25 of 41 Invitation for Bid (IFB) 1073381 c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five 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; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for Page 27 of 41 Invitation for Bid (IFB) 1073381 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 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 $5,000.00, 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. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) 1.75. 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) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid 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. 1.77. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. Page 29 of 41 Invitation for Bid (IFB) 1073381 previously stated in 1.78.A. 1.80. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid 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. 1.81. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (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. 1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal 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 in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.84. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.85. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids 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 Bid 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 Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attomey's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. Page 31 of 41 Inv nation for Bid (IFB) 1073381 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for adult and children meal services through the Families First Parenting Program Meal Plan, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. 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: Victoria Giraldo; fax: (305) 400-5361 or email: VictoriaGiraldo@miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Monday, July 1, 2019 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. 2.3. PRE -BID CONFERENCE A Voluntary pre -bid conference will be held on Wednesday, June 26, 2019 at 10:00 AM, at 444 SW 2 Avenue, Miami River Side Building, 6th Floor, North Conference Room. During this conference, all potential bidders will have an opportunity to inspect the facility and familiarize themselves further with the nature of the work. All questions and answers adversely affecting the scope of work/specifications of the bid will be included in an addendum and sent immediately following the conference to all the attendees. 2.4. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for a minimum of five (5) years with the same Federal Employer Identification Number (FEIN); and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. 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. (3) Possess and submit with bid response a copy of the following documents: Current food service permit; and Most recent food service inspection report from the State of Florida or local government agency. Page 33 of 41 Invitation for Bid (IFB) 1073381 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 2.10. 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). 2.11. METHOD OF AWARD Award of this contract will be made to the two (2) lowest responsive and responsible Bidders in the aggregate, meeting specifications for this solicitation. The City of Miami ("City") shall select a Primary Vendor and a Secondary Vendor, in the order of lowest bid prices provided to the City. Should the Primary Vendor not be available to provide said services, at any time needed, the City has the option to select the Secondary Vendor to fulfill the order. 2.12. 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. Page 35 of 41 Invitation for Bid (IFB) 1073381 officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s)and persons employed or utilized by Successful Bidder(s)in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s)shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) 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 the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all sub-Vendor(s) agreements to include a provision that each sub-Vendor(s) will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) 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 Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder(s)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder(s)or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s)or sub-Vendor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). See Attachment B- Insurance Addendum for detailed information. The Successful Bidder(s) shall furnish to City of MVIiami, c/o 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 General Liability (Primary and Non -Contributory): A. Limits of Liability Page 37 of 41 Invitation for Bid (IFB) 1073381 Purchase Order or a written notice to proceed. The response time should be your best estimate, as orders will be placed based on that information. 2.20. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS Although this solicitation does not identify facility/facilities to be serviced and estimated meal quantities to be provided, it is hereby agreed and understood that any facility may be added/ deleted and that the meal quantities may be changed at the option of the City of Miami ("City"). Should the City, throughout the term of the awarded Contract, receive funding for new types of meals, that were not initially solicited/ part of the contract, after consulting with the The Childrens Trust, the City may invite the Successful Bidder(s) under this Contract to submit price quotes for these new meals. If these quotes are comparable with market prices offered, they may be added to the Contract , and addendum, and a separate Blanket Release shall be issued by the City. 2.21. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Esther Balsera, Education Coordinator or Designee, who shall be designated as the Project Manager for the City. 2.22. ACCESS TO CATERER SITE Employees of the City of Miami, designated program officials of the Florida Department of Elder Affairs, the Florida Department of Law Enforcement, and U.S. Department of Agriculture shall be authorized to inspect the Successful Bidder (s) preparation facilities prior to award of contract and without notice at any time during the contract period, including the right to be present during preparation and delivery of meals. 2.23. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.24. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not 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 Miami. Page 39 of 41 Invitation for Bid (IFB) 1073381 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City of Miami's ("City") Families First Parenting Program is funded by The Children's Trust, a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Funding for the Families First Parenting Program enables the City to provide meals to program participants. As such, the City is seeking a qualified, responsive and responsible, firms to provide lunch and dinner meals for adults and children.Successful Bidder(s) will be required to provide both Lunch and Dinner for adults and children (ages 3 - 6) in accordance with the Delivery Schedule that will be assigned when awarded. Meals including beverage shall be provided pre -assembled, ready to eat, in disposable containers to include but not limited to eating utensils and napkins. The following cycles will be considered as to when meals will be provided to the various centers in the City. CYCLE 1: Meals will be served from August through December; and CYCLE 2: Meals will be served February through May. Each month the Successful Bidder will coordinate with the Project Manager or Designee, the type of lunch/dinner meals to be provided at the various centers. For Citywide Events, the Successful Bidder will coordinate with the Project Manager or Designee, the type of lunch/dinner meals to be provided. Note: The Project Manager or Designee will provide final written approval of the menu for the particular service period or event. UNIT PRICE LIMITATIONS: The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County, due to the aforementioned, refer to 2.7, Unit Price Per Meal, for pricing restrictions. DELIVERY SCHEDULE Delivery locations are yet to be determined and will be assigned to the Successful Bidder(s) once the IFB has been awarded. Page 41 of 41