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Invitation for Bid
Mission: To protect promote & improve the health of all people In Florida through Integrated state, county & community efforts. HEALTH Vision: To be the Healthiest SU(o In the Nation May 14, 2015 Ms. Pearl P. Bethel, CPPB Procurement Contracting Manager City of Miami Procurement Department 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Dear Ms. Bethel: Rick Scott Governor John H. Armstrong, MD, FACS State Surgeon General & Secretary I am in receipt of formal catering bid documents for catered meal services to the City of Miami A-2384 Afterschool Meal Program (AMP) sites and 5-576 Child Care Food Program (CCFP) sites. The following documents have been reviewed for formal competitive procedures and bid acceptance approval for catered meals (A-2384 AMP snacks — referred to as Group A; S-576 CCFP breakfast, lunch and afternoon snack-- referred to as Group B): • Bid advertisement from the publication of general circulation • Bid interest/log sheet • Bid opening log sheet • Evaluation checklist from each caterer that submitted a bid • State approved amendmentsladdendums — City of Miami Invitation for Bid for Meals under the Child Care Food Program: • Certification statement • Unit pricing designated as Line 1, Group A and Line 2, Group B • Terms and Conditions: General Conditions, Special Conditions, and Specifications • Bid Tabulation • Selected state catered cycle menu (2014-2015 cycle menu B) • Meal services to be provided, Attachment 5 • Price schedule, Attachment 7 from each caterer that submitted a bid (bid tabulation based on 276 estimated serving days per year) The City of Miami has designated 4 UR Bellee, Inc. as the "Primary Supplier" and Greater Miami as the "Secondary Supplier". The bid tabulation from 4 UR Bellee, Inc. was calculated correctly with a grand total amount of $224,050.56. If the "Primary Supplier" is unable to provide services, then the City has the option to select the "Secondary Supplier" to fulfill the terms and conditions of the catered meal service contract. The bid tabulation from Greater Miami is calculated correctly with a grand total amount of $410,582.88. This formal bid along with supporting documentation is approved for acceptance of a 2014-2015 CCFP Standard Catering Contract. Please note that after bid has been awarded, all bids submitted are considered public information and may be viewed by appointment (see page 16 of CCFP Procurement Requirements for Catered Meal Service FFY 20142015). Florida Delpiartment of Health www.FloridaHealth.gov DlvIsIon of Community Health PrDmotlon - Bureau of Child Care Food Programs TWITTI R:HeabyFLA 4052 Bald Cypress Way, Bin A-17 - Tallahassee, FL 32399-1721 FACEBOOKFI-Departnentofflealth PHONE; 8501245-4323• FAX 80414-1622 - EMAIL: ccfp@flhealth.gov YOUTUBE: f1doh WEBSITE: www.fIoddaheahh.gov1ccfp1 FLICKR: HealthyFla PINTEREST: HeatthyFla Upon execution of the catering contract by both parties, please make a copy of the signed contract page (page 26) and fax to my attention at: 860-414-1622 or, scan and email to: Brenda. Crosby@flhealth.gov. Should you have any questions, please feel free to call me at 850-245-4323. Sincerely, Brenda Crosby, R.D., L.D. Nutrition Section Administrator S-576, Mrs. Christine Long, CCFP Program Manager A-2384, Miss Virginia Bentley, CCFP Program Manager Number: Title: Issue Date/Time: Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: City of Miami Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E -Mail Address: Buyer Facsimile: Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement 480327,1 Invitation for Bid for Meals under the Child Care Food Program 25 -MAR -2015 22 -APR -2015 @ 14:00:00 None April 15, 2015 Bethel, Pearl City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US PBethel@miamigov.com (305)400-5340 Page 1 of 38 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (1) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME: ADDRESS: PHONE: FAX: EMAIL: BEEPER: SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Page 2 of 38 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami. -Dade County, or Other Business Address: City, State, and Zip Code: Telephone Number: Fax Number: E-mail Address: Occupational License/Business Tax Receipt Number: Occupational License/Business Tax. Receipt Issuing Agency: Occupational License/Business Tax Receipt Expiration Date: Please list and acknowledge all. addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Page 3 of 38 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: Reference No. 1: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: 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. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 2 Reference No, 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: 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. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Page 4 of 38 Have you attached a copy of your current food service permit? (YES OR NO) Have you attached a copy of the most recent food service inspection? (YES OR NO) Are you a registered "Caterer" with the Florida Department of Health, Bureau of Child Care Food Programs? Yes or No? Have you filled out, signed, and included three (3) original copies of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014-2015 (YES OR NO) Have you filled out, signed, and included the Certifications Statement located in the City's Invitation for Bid (IFB) document? (YES OR NO) Have you filled out and included the Certifications section located in the City's Invitation for Bid (IFB) document? (YES OR NO) Have you filled out and included the Unit Price and Total/Extended Amount for each line item shown in the City's Invitation for Bid (IFB) document? (YES OR NO) If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Page 5 of 38 Line: 1 Description: GROUP A -AFTER SCHOOL PROGRAM (AFTERNOON SNACK) Line: 1.1 Description: Child Care Food Program -Individual Itemized Servings -Afternoon Snacks (Ages 6 to 12) for After School Program. The estimated number of units is based on the estimated total number of snacks per day (1384) times the estimated number of serving days per year (219). Category: 95218-00 Unit of Measure: Each Unit Price: '$ Number of Units: 303,096 Total: $ Line: 2 Description: GROUP B- DAY CARE CENTERS Line: 2.1 Description: Child Care Food Program -Breakfast (Ages 1 to 5) for City of Miami Day Care Centers. The estimated number of units is based on the estimated total number of breakfast meals per day (50) times the estimated number of serving days per year (276). Category: 95218-00 Unit of Measure: Each Unit Price: $ Number of Units: 13,800 Total: $ Line: 2.2 Description: Child Care Food Program -Lunch (Ages 1 to 5) for City of Miami Day Care Centers. The estimated number of units is based on the estimated total number of lunch meals per day (80) times the estimated number of serving days per year (276). Category: 95218-00 Unit of Measure: Each Unit Price: $ Number of Units: 22,080 Total: $ Page 6 of 38 Line: 2.3 Description: Child Care Food Program -Afternoon Snack (Ages 1 to 5) for City of Miami Day Care Centers. The estimated number of units is based on the estimated total number of afternoon snacks per day (80) times the estimated number of serving days per year (276). Category: 95218-00 Unit of Measure: Each Unit Price: $ Number of Units: 22,080 Total: $ Page 7 of 38 480327,1 Table of Contents Termsand Conditions......................................................................................................................................................9 1. General Conditions............................................................................................................................................9 1.1. GENERAL TERMS AND CONDITIONS.............................................................................................9 2. Special Conditions...........................................................................................................................................29 2.1. PURPOSE.............................................................................................................................................29 2.2. DEADLINE FOR, RECEIPT OF REQUEST FOR ADDITIONAL ..................... INFORMATION/CLARIFICATION............................................................................ ..........29 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE ........................................... .......... ..........29 2.4. TERM OF CONTRACT.......................................................................................................................29 2.5. CONDITIONS FOR RENEWAL.........................................................................................................29 2.6. UNIT PRICE ADJUSTMENTS............................................................................................................29 2.7. NON -APPROPRIATION OF FUNDS.................................................................................................30 2.8. METHOD OF AWARD........................................................................................................................30 2.9. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................30 2.10. DELIVERY.........................................................................................................................................31 2.11. ASSIGNMENT AND SUBCONTRACTING....................................................................................31 2.12. SPECIFICATIONS AND BID PACKAGE........................................................................................31 2.13. FAILURE TO PERFORM..................................................................................................................32 2.14. INSURANCE REQUIREMENTS......................................................................................................32 2.15. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS................................................34 ................................................. 2.16. CONTRACT ADMINISTRATOR .......................................... ..........34 2.17. TIE BIDS............................................................................................................................................35 2.18. DAMAGES TO PUBLIC/PRIVATE PROPERTY ..................................... ...............35 ........................ 2.19. ACCESS TO CATERER SITE...........................................................................................................35 2.20. REFERENCES....................................................................................................................................36 2.21. TERMINATION.................................................................................................................................36 2.22. ADDITIONAL TERMS AND CONDITIONS...................................................................................36 2.23. PRIMARY CLIENT (FIRST PRIORITY).........................................................................................37 ................................. 3. Specifications.............................................................................................................. ...38 3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................38 Page 8 of 38 480327,1 Terms and Conditions 1. General Conditions I.I. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be frilly in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ei.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successfiil Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successfal Bidder/Proposer shall maintain and retain any and all of Page 9 of 38 480327,1 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when 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 bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs, C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposor's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 10 of 38 480327,1 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award. and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be fiirnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not; be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 11 of 38 480327,1 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed., color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. 1. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 12 of 38 480327,1 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the pant of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to; (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv)any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 13 of 38 480327,1 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidders)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Fotmd in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 14 of 38 480327,1 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within: the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default, Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perforin 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 malting an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 15 of 38 480327,1 to comply with these requirements may deem a Response non-responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS- Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons; 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 16 of 38 480327,1 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a frilly equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal, 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 17 of 38 480327,1 employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1 st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, frill responsibility to determine whether any of its employees may be impacted. by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must fitmish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold harmless and defend the City, its officials, officers, Page 18 of 38 480327,1 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and. description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications; and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and. may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Page 19 of 38 4$0327,1 Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-4164604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. Page 20 of 38 480327,1 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and. open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION --Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased tinder the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1,55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Fon-nal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 21 of 38 480327,1 circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law, 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be frilly completed and typed or printed in ink and must be signed in ink with the film's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. Page 22 of 38 480327,1 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 0 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the tern of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the constriction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.070 1, Florida Statutes; entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. Page 23 of 38 480327,1 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES The work/services performed must be of the highest quality and workmanship. Materials ftimished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. I.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file aprotest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 24 of 38 480327,1 receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or H. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with. the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the Page 25 of 38 480327,1 City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Page 26 of 38 480327,1 Directions to City Hall: FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO US 1. US I SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures iscausefor rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or Page 27 of 38 4$0327,1 defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection. and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE -Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 28 of 38 480327,1 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Meals under the Child Care Food Program, as specified herein, from a source(s) of supply that will give prompt and efficient service 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 Purchasing Department, Attn: Pearl Bethel, CPPB; fax: (305) 400-5340 or email: pbethel@miamigov.com. miamigov.com. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than April 15, 2015. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond. the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract: is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein and in the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015 (2) Availability of finds (3) Mutual agreement in writing of both the City and the Successfiil Bidder(s). Renewal shall not take effect until the City Manager has signed the renewal. 2.6. UNIT PRICE ADJUSTMENTS Pursuant to Section I, sub -section E and J of the Florida Department of Health Child Care Food Program (CCFP) Page 29 of 38 480327,1 Standard Catering Contract FFY 2014- 2015, all prices shall be fixed for the duration of the contract period. Renegotiation of price changes pertaining to the unit price shall be allowed in the subsequent years of the contract (i,e. first and second renewal periods). The annual percentange increase during this period shall not exceed the Consumer Price Index as determined by the Florida Department of Health, Bureau of Child Care Food Programs. No price increase under this or any renewed contract shall take effect without prior written consent signed by both parties to the contract. 2.7. NON -APPROPRIATION OF FUNDS In the event no fiends or insufficient fiends 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 Contractor 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 particular or any project(s) will be awarded to any firm(s). 2.8. METHOD OF AWARD Award of this contract will be made by Groups: 1) Group A, Afternoon Program, Afternoon Snack and 2) Group B, Day Care Centers, to the two (2) lowest responsive and responsible bidders, meeting specifications for each of the two groups. Bidders may bid on one group or both groups. The City shall select for each group a "Primary Supplier" and a "Secondary Supplier", in the order of lowest bid prices provided to the City. Should the "Primary Supplier for either group" not be able to provide the service for a particular group, at any time needed, the City has the option to select the "Secondary Supplier" to fulfill the order for that group. 2.9. 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 IFB; that have a satisfactory record of performance for a minimum of three (3) years; 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) Be a "Registered Caterer" * with the Florida Department of Health (DOH), Bureau of Child Care Food Programs prior to submitting a response to this Invitation for Bid. Registration may be completed consistent with the instructions on the Child Care Food Programs' Web Page: http://www.doh.state.fl.us/ccfp/index,html (4) Submit along with bid response the following documents: Copy of the current food service permit. Copy of the most recent; food service inspection. Three (3) references from companies/agencies identified under the Certifications section for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the Page 30 of 38 480327,1 past. (5) Have adequate plant facilities for food preparation, with approved license/certification that facilities meet all applicable State and. local health, safety and sanitation standards. * Registered Caterer means a properly licensed business entity engaged in the preparation and delivery of meals meeting specific requirements. This entity, in addition to all required state licensure and business registrations has also successfully registered with the Florida Department of Health (DOH) as a caterer for the Child Care Food Program (CCFP). BIDDER'S FAILURE TO SATISFACTORILY MEET THE ABOVE LISTED MINIMUM QUALIFICATIONS REQUIREMENTS MAY DEEM BIDDER NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD. 2.10. DELIVERY Successfiil Bidder shall adhere strictly to the delivery requirements specified in Section II. E. (page 20) and the "Delivery Schedule" shown in "Attachment 6" of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014- 201.5. 2.11. ASSIGNMENT AND SUBCONTRACTING Per Section II. F. of the Florida Department of Health. Child Care Food Program (CCFP) Standard Catering Contract FFY 2014-2015:"The of this contract shall not be assigned. The Caterer shall not subcontract meals provided under the terms of this contract." 2.12. SPECIFICATIONS AND BID PACKAGE (a) Responses to this Invitation for Bid (IFB) shall be submitted in HARD COPY FORMAT ONLY. Bidders shall strictily follow the instructions for hard copy submittal found under the City's IFB General Terms and Conditions, Section 1.60 "Preparation of Responses (Hardcopy Format)", and Section 1.78 "Submission and Receipt of Responses", instructions for HARD COPY SUBMITTALS. (b) Bidders shall adhere to all terms and conditions, specifications, requirements and menus included in the City's Invitation For Bid and the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014- 2015. (c) Specifications are provided on the attached Florida Department of Health "Child Care Food Program (CCFP) Standard Catering Contract FFY 2014. - 2015". Bidders shall carefully review the document, and shall inform themselves thoroughly of the needs and requirements. NO ALLOWANCE WILL BE MADE BECAUSE OF LACK OF KNOWLEDGE OF THESE CONDITIONS. (d) In addition to submitting the required forms and documentation requested in the City's IFB, Bidders must complete, sign, and submit along with their bid response, three 3) original hard copies of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015, This document is located in the "Header / Notes and Attachments" section of this Invitation for Bid in the Oracle iSupplier system. Page 31 of 38 480327,1 Bidder's response shall be deemed non-responsive if Bidder fails to submit with its bid response the Florida Department of Health Child Care Food Program (CCFP)Standard Catering Contract FFY 2014 - 2015. 2.13. FAILURE TO PERFORM Failure to perform according to the terms of this contract shall be cause to find the successful Bidder (s) in breach with the following consequences: 1. If a successful Bidder (s) is found in default of the terms of this contract, such finding may result in: a. The successful Bidder (s) being required to pay all re -procurement costs; b. The successful Bidder (s) name being removed from the Florida Department of Health's Registered Caterer List; and c. Prohibiting all Institutions or facilities participating in the CCFP from receiving further reimbursement for any meals delivered under a contract with the unregistered Bidder (s). 2.14. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, 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: L Commercial General Liability (Primary & Non Contributory) A. LIMITS OF LIABILITY Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Products/Completed Operations: $1,000,000 Personal and Advertising Injury: 1,000,000 B. END ORSEMENTS City of Miami included as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Page 32 of 38 480327,1 Primary Insurance Clause Endorsement Additional Insured Endorsement Required II. Business Automobile Liability A. LIMITS OF LIABILITY Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed, or Non -Owned Autos. Any One Accident: $1,000,000 B. ENDORSEMENTS REQUIRED City of Miami included as an Additional Insured III. Worker's Compensation A. LIMITS OF LIABILITY Statutory - State of Florida Waiver of subrogation Employer's Liability A. LIMITS OF LIABILITY $500,000 for bodily injury caused by an accident, each accident. $500,000 for bodily injury caused by disease, each employee. 500.000 for bodily injury caused. by disease, policy limit, IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $t,000,000 Policy Aggregate $1,000,000 City of Miami listed as an additional insured The above policies shallprovide the City of Miami with written notice of cancellation or material changes in accordance to policy provisions. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the Page 33 of 38 480327,1 State of Florida, with the following qualifications: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation for Bid. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration. of the contractual period; including any and all option terms that may be granted to the Bidder. 2.15. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS Although this solicitation identifies specific 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. To make these changes, the City of Miami shall utilize the following forms provided by the Florida Department of Health, Bureau of Child Care Food Programs: • Attachment 6, Delivery Schedule, of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015. This form is to be used by the City of Miami to delete or add facilities only. • Attachment 10, Catered Meal Change Form of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015. This form is to be used by the City of Miami to change the number of meals ordered only. Should the City, throughout the term of the awarded contract, receive finding for new types of meals, that were not initially solicited/part of the contract, after consulting with the Florida Department of Health Bureau of Child Care Food Programs, 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 an addendum and a separate Blanket Release shall be issued by the City. 2.16. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with the following individuals designated as the Contract Page 34 of 38 480327,1 Administrators: • After School Snacks: Ms. Virginia Bentley; 305-416-1303; vbentley@miamigov.com • Day Care Centers: Ms. Christine Long; 305-759-3507; clong@miamigov.com 2.17. 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 is has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2.18. DAMAGES TO PUBLIC/PRIVATE PROPERTY The successful Bidder (s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time, (not to exceed one month from date damage was done). 2.19. ACCESS TO CATERER SITE Employees of the City of Miami, designated program officials of the Florida Department of Health, the Florida Department of Law Enforcement, and U.S. Department of Agriculture shall be authorized to inspect the successfiil Bidder (s) preparation facilities prior to award of contract and without notice at any time during the contract period, Page 35 of 38 480327,1 including the right to be present during preparation and delivery of meals. 2.20. REFERENCES Each bid must be accompanied by at least three (3) references from companies/facilities identified in the Certifications section of the City's Invitation for Bid (IFB) document. These references shall include the name of the company/facility, dates of contract, description of goods/services supplied, a contact person, telephone number, and e-mail address. Failure to provide at least three (3) references at time of bid submittal may deem bidder as non-responsive. 2.21. TERMINATION A. FOR DEFAULT If successful Bidder (s) 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 (s) 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 (s) 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. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated. for the convenience by the City of Miami the successful Bidder (s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.22. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to Page 36 of 38 480327,1 this PSA or Agreement. 2.23. PRIMARY CLIENT (FIRST PRIORITY) The successfid bidder(s)/proposer(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 bidders)/proposer(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. Page 37 of 38 480327,1 3, Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK For Specifications, please refer to the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015, which can be found under the "Header / Notes and Attachments" section of this Invitation for Bid in the Oracle iSupplier system. Note: In addition to the Specifications and Attachments required to be submitted by the CUP Standard catering Contract for FFY 2014-2015, bidder shall also adhere to the Specifications under Section 2.11, Specifications and Bid. Package. Page 38 of 38 OLICITATION RE PONSE 1 City mi Ofthki�l.ih. AINCUR8 ORATEq I Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 61h Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement Number: 480327 Title: Invitation for Bid for Meals under the Child Care Food Program Issue Date/Time: 25 -MAR -2015 Closing Date/Time: 22 -APR -2015 @ 14:00:00 Pre -Bid Conference: None Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E -Mail Address: Buyer Facsimile: April 15, 2015 Bethel, Pearl City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US PBethel@miamigov.com (305)400-5340 Page 1 of 38 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions, In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission. is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter, Please print the following and sign your name: SUPPLIER NAME: �4 u k ADDRESS: PHONE: (DLJ FAX: EMAIL:� �� nr)qd-rA-x"111T. 0 BEEPER: Q ME SIGNED BYN \ Ly--ke-2n) 1�"k TITLE: „ DATE: ' kCD FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM SHALL DISQUALIFY THIS BID Page 2 of 38 Certifications Legal Name of Firm: -� I C'k k a, 2) M'A- Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Rb(0 Office Location: City of Miami, Miami -Dade County, or Other Business Address: City, State, and Zip Code: Telephone Number: —t &S 1 �,1)Q Fax Number: Wj 10`6"s _12A (01 E-mail. Address: Nc&nrn�d 7- & AT -1 . ()ET OccupationalLcense/Business Tax Receipt Number: 1152;1 I, `ca Occupational Lic11ense/BusinessppTax Receipt Issuing Agency: U '� U � k'% 6ry1 Occupational License/Business Tax Receipt Expiration Date: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Page 3 of 38 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: =r Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 1 SUBC Reference No. 1:Da e of Contract or Sale for above reference no. 1 �I �zc) l3 Reference No. 2: 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. 2: Address, City, State, and Zip for above reference company/agency listed: Vii', �; , �- Nda)s� -31(09 Reference No. 2: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 2 Reference 2: Datee of Contract or Sale for above reference no. 2 0(c 5R J'-FPoF5(n Reference No. 3: Name of Company/Agency for which bidder is currently providing the seivices/goods as described in this solicitation, or has provided such services/goods in the past: gh:+ ? � Shp. �d Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No, 3: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 3 I CX Reference No, 3: Date of Contract or Sale for above reference no. 3 Page 4 of 38 Have you attached a copy of your current food service permit? (YES OR NO) Have you attached a copy of the most recent food service inspection? (YES OR NO) Are you a registered "Caterer" with the Florida Department of Health, Bureau of Child Care Food Programs? Yes or No? Have you filled out, sighed, and included three (3) original copies of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014-2015 (YES OR NO) Have you filled out, signed, and included the Certifications Statement located in the City's Invitation for Bid (IFB) document? (YES OR NO) 5) Have you filled out and included the Certifications section located in the City's Invitation for Bid (IFB) document? (YES OR NO) Have you filled out and included the Unit Price and Total/Extended Amount for each line item shown in the City's Invitation for Bid (IFB) document? (YES OR NO) If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Page 5 of 38 Line: 1 Description: GROUP A -AFTER SCHOOL PROGRAM (AFTERNOON SNACK) Line: 1.1 Description: Child Care Food Program -Individual Itemized Servings -Afternoon Snacks (Ages 6 to 12) for After School Program. The estimated number of units is based on the estimated total number of snacks per day (1.384) times the estimated number of serving days per year (219). Category: 95218-00 Unit of Measure: Each Unit Price: $ ' S(P Line: 2 Number of Units: 303,096 Total: $ vl�1�15' f p Description: GROUP B- DAY CARE CENTERS Line: 2.1 Description: Child Care Food Program -Breakfast (Ages 1 to 5) for City of Miami Day Care Centers. The estimated number of units is based on the estimated total number of breakfast meals per day (50) times the estimated number of serving days per year (276). Category: 95218-00 Unit of Measure: Each Unit Price: $ Line: 2.2 Number of Units: 13,800, Total: $ 11,` ag "OD Description: Child Care Food Program -Lunch (Ages 1 to 5) for City of Miami Day Care Centers. The estimated number of units is based on the estimated total number of lunch meals per day (80) times the estimated number of serving days per year (276). Category: 95218-00 Unit of Measure: Each Unit Price: $ "�� Number of Units: 22,080 Total: $Y ' U� Page 6 of 38 Line: 2.3 Description: Child Care Food Program -Afternoon Snack (Ages 1 to 5) for City of Miami Day Care Centers. The estimated number of units is based on the estimated total number of afternoon snacks per day (80) times the estimated number of serving days per year (276). Category: 95218-00 Unit of Measure: Each Unit Price: $ - to Number of Units: 22,080 Total: $ i 31044w Page 7 of 38 Table of Contents Termsand Conditions ...................................................................................................................................................... 1.General Conditions ................................................. ............................ ................................ ............................ 9 l.|.GENERAL TERMS AND CONDITIONS —...--------.---.--...----.------... 9 2. Special Conditions -----.--.,_------------.—.----_--..-------.---'. 29 2./.PURPOSE ...---.....--.—.---.----.—.—.—.—.----.---....---------.29 2.2.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL —..—.---.—...--.--.----.--..--.....—.--..2y 2.3.PRE-BID/PRE-PROPOSAL CONFERENCE ---------.-------------.-----29 2.4.TERM 09CONTRACT .--.—.--.—.---.---.------..--------.-------.29 2.5.CONDITIONS FOR RENEWAL ............... ......................................................................................... 29 2.6. UNIT PRICE ADJUSTMENTS ... ................................. ...................................................................... 2y 2.7. OF FUNDS ... ......................................................................... .................... 3O 2,8,METHOD 0RAWARD --.-----.—._--.-----.—.—.--.--.----'..—._--.3O 2.9.BIDDERS MINIMUM QUALIFICATIONS -----.--.----.--.------------...30 2. 10. --^-------.—.---.-------------.—.---.—.----...--.'3l 2.D.ASSIGNMENT AND SUBCONTRACTING ----..—.—.----.---...~....—..--.3l 2]2, SPECIFICATIONS AND BID PACKAGE —.----.—.---..-------------^--'3] %.l3.FAILURE IOPERFORM ................... ........................... ................................................................ 32 2]4. —...--.'~-------.,32 2.15. OF ..—.----...—.—.—.-34 2]6.CONTRACT ADMINISTRATOR ....... .... ......................................... ........................ —.............. 34 ll7.TIE BIDS -----,..--.-----.—.------------.—.—...—..—.—.—..--.35 2.l&DAMAGES 7O PROPERTY -----------------.-----_.35 2.19, ACCESS TOCATERER SITE ---.----.--...---.--.--..----------.—.---25 2.20, REFERENCES ............................. .............................. ....................................................................... 36 2.21. TERMINATION -----------------.—...----_.----.—.--.---~--.36 2.22. ADDITIONAL TERMS AND CONDITIONS -----_--_..--..-------------'. 36 223.PRIMARY CLIENT (FIRST PRIORITY) .----.—.----..—.--.....---------..37 3. Specifications ................................ 38 3.1. OF WORK ..-----.-----.-------.—.-----.—.'3V Page 8 of 38 480327 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended, Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT.' - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the fon-nal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and mare available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform tinder the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation, The City further reserves the right to waive any .irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www,ci.miaini.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment proceedings, 1.8, AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 9 of 38� 480327 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi-govermnental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when 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 bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidders)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terns and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 10 of 38 480327 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney, 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City, Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added, When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City, 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 11 of 38 480327 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672), F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61.. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office, 1..20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission, The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 12 of 38 480327 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry cormnents or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Cleric, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request, Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code, Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may tale a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Cleric at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/.Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its tnist, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use infonnation not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 13 of 38 480327 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (See 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension, Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the tem -is and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 14 of 38 480327 responsibility of the Contractual Party performing city Contracts. (c) Certification. All. Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek, judicial relief. 1.,26. DEBARRED/SUSPENDED 'VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract, B. Failure to begin the 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/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS a Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 15 of 38 480327 to comply with these requirements may deem a Response non-responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the terns of the contract. Such discounts shall remain in effect for a minimum of 1.20 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFhIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response Page 16 of 38 48032'7 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in malting the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal, 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE The Constitution of the State of Florida, Article X, Section 24, states that Page 17 of 38 480327 employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the conswner price index for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to deternvne whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract, If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term. of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination, 1,39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. IAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Malting PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer•, G. Malting PHI available to the City of Miami for an accounting of disclosures; and H. Malting 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 (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold harmless and defend the City, its officials, officers, Page 18 of 38 480327 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City, The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidde0roposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the perfornlance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Page 19 of 38 480327 Requirements". The City shall be listed as an "Additional Insured. Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time fiame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604, The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer, 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (Le. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder, Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposerswho maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURC14ASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties, Page 20 of 38 480327 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1..53. NONDISCRIMINATION Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational. License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. L56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 21 of 38 480327 circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision. of this Contract shall be valid and enforced to the fullest extent permitted by law, 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1,60. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61.. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) io supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. Page 22 of 38 480327 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized, If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies, Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property fiirnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City, Page 23 of 38 480327 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (See. 18-106) If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (See. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual .Party by submission of a protest to the City Manager, (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation, i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer, A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer, 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 24 of 38 480327 receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Reeominendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or Ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered Bled when received by the Chief Procurement Officer. W. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation. or the award is based, and shall include all pertinent docwnents 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 fiom which the designated period of time begins to tan 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 ran until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing, (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she .receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief. Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the Page 25 of 38 480327 City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor, (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above, If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the adininistrative proceedings as prescribed by subsection (e) above, 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality, All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time, A. Hardeopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer, Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Page 26 of 38 480327 Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO.13AYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US I NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected, F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing, Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION—The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or Page 27 of 38 480327 defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception maybe made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim, 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 28 of 38 480327 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Meals under the Child Care Food Program, as specified herein, from a source(s) of supply that will give prompt and efficient service 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 Purchasing Department, Attn: Pearl Bethel, CPPB; fax: (305) 400-5340 or email: pbethel@miamigov.com, The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than April 15, 2015, All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein and in the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015 (2) Availability of funds (3) Mutual agreement in writing of both the City and the Successful Bidder(s). Renewal shall not take effect until the City Manager has signed the renewal. 2.6. UNIT PRICE ADJUSTMENTS Pursuant to Section I, sub -section E and r of the Florida Department of Health Child Care Food Program (CCFP) Page 29 of 38 480327 Standard Catering Contract FFY 2014- 2015, all prices shall be fixed for the duration of the contract period. Renegotiation of price changes pertaining to the unit price shall be allowed in the subsequent years of the contract (i.e. first and second renewal periods). The annual percentange increase during this period shall not exceed the Consumer Price Index as determined by the Florida Department of Health, Bureau of Child Care Food Programs. No price increase under this or any renewed contract shall take effect without prior written consent signed by both parties to the contract. 2.7. 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 Contractor 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 particular or any project(s) will be awarded to any firm(s). 2.8. METHOD OF AWARD Award of this contract will be made by Groups: 1) Group A, Afternoon Program, Afternoon Snack and 2) Group B, Day Care Centers, to the two (2) lowest responsive and responsible bidders, meeting specifications for each of the two groups. Bidders may bid on one group or both groups. The City shall select for each group a "Primary Supplier" and a "Secondary Supplier", in the order of lowest bid prices provided to the City. Should the "Primary Supplier for either group" notbe able to provide the service for a particular group, at any time needed, the City has the option to select the "Secondary Supplier" to fulfill the order for that group. 2.9. 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 1FB; that have a satisfactory record of performance for a minimum of three (3) years; 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 tinder 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 banks upt. (3) Be a "Wnistered Caterer" * with the Florida Department of Health (DOH), Bureau of Child Care Food Programs prior to submitting a response to this Invitation for Bid. Registration may be completed consistent with the instructions on the Child Care Food Programs' Web Page: http://www.doh.state.fl.us/ccfp/index.html (4) Submit along with bid response the following documents: Copy of the current food service permit. Copy of the most recent food service inspection. Three (3) references from companies/agencies identified under the Certifications section for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the Page 30 of 38 480327 past. (5) Have adequate plant facilities for food preparation, with approved license/certification that facilities meet all applicable State and local health, safety and sanitation standards. * Reristered Caterer means a properly licensed business entity engaged in the preparation and delivery of meals meeting specific requirements. This entity, in addition to all required state licensure and business registrations has also successfully registered with the Florida Department of Health (DOH) as a. caterer for the Child Care Food Program (CCFP). BIDDER'S FAILURE TO SATISFACTORILY MEET THE ABOVE LISTED MINIMUM QUALIFICATIONS REQUIREMENTS MAY DEEM BIDDER NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD. 2.10. DELIVERY Successful Bidder shall adhere strictl to the delivery requirements specified in Section II. E. (page 20) and the "Delivery Schedule" shown in "Attachment 6" of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014- 2015. 2.11. ASSIGNMENT AND SUBCONTRACTING Per Section II. F. of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014-2015:"The obligations of this contract shall not be assigned The Caterer shall not subcontract meals provided under the terms of this contract." 2.12. SPECIFICATIONS AND BID PACKAGE (a) Responses to this Invitation for Bid (IFB) shall be submitted in HARD COPY FORMAT ONLY. Bidders shall strictily follow the instructions for hard copy submittal found under the City's IFB General Terms and Conditions, Section 1.60 "Preparation of Responses (Hardcopy Format)", and Section 1.78 "Submission and Receipt of Responses", instructions for HARD COPY SUBMITTALS. (b) Bidders shall adhere to all terms and conditions, specifications, requirements and menus included in the City's Invitation For Bid and the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014- 2015. (c) Specifications are provided on the attached Florida Department of Health "Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015". Bidders shall carefully review the document, and shall inform themselves thoroughly of the needs and requirements. NO ALLOWANCE WILL BE MADE BECAUSE OF LACK OF KNOWLEDGE OF THESE CONDITIONS. (d) In addition to submitting the required forms and documentation requested in the City's IFB, Bidders must complete, sign, and submit along with their bid response, three 3 original hard copies of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015. This document is located in the "Header / Notes and Attachments" section of this Invitation for Bid in the Oracle iSupplier system. Page 31 of 38 480327 Bidder's response shall be deemed non-responsive if Bidder f isils to submit with its bid response the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015 2.13. FAILURE TO PERFORM Failure to perform according to the terms of this contract shall be cause to find the successful Bidder (s) in breach with the following consequences: 1. If a successful Bidder (s) is found in default of the terns of this contract, such finding may result in: a. The successful Bidder (s) being required to pay all re -procurement costs; b. The successful Bidder (s) name being removed from the Florida Department of Health's Registered Caterer List; and c. Prohibiting all Institutions or facilities participating in the CCFP from receiving further reimbursement for any meals delivered under a contract with the unregistered Bidder (s). 2.14. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, 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 Commercial General Liability (Primary & Non Contributory) A, LIMITS OI' LIABILITY Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Products/Completed Operations: 1,000,000 Personal and Advertising Injury: 1,000,000 B, ENDORSEMENTSREQUIRED City of Miami included as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Page 32 of 38 480327 Primary Insurance Clause Endorsement Additional Insured Endorsement Required II. Business Automobile Liability A. LIMITS OF LIABILITY Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed, or Non -Owned Autos, Any One Accident; $1.000.000 B. ENDORSEMENTS REQUIRED City of Miami included as an Additional Insured III. Worker's Compensation A. LIMITS OF LIABILITY Statutory - State of Florida Waiver of subrogation (Employer's Liability A. LIMITS OF LIABILITY $5_00,000 for bodily injury caused by an accident, each accident. $500,000 for bodily injury caused by disease, each employee. $500,000 for bodily injury caused by disease, policy limit. 1V. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $L0001000 Policy Aggregate $1,000,000 City of Miami listed as an additional insured The above policies shall provide the City of Miami with written notice oj*caneellation or material changes in accordance to policy provisions. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the Page 33 of 38 480327 State of Florida, with the following qualifications: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation for Bid. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.15. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS Although this solicitation identifies specific 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. To make these changes, the City of Miami shall utilize the following forms provided by the Florida Department of Health, Bureau of Child Care Food Programs: • Attachment 6, Delivery Schedule, of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015. This form is to be used by the City of Miami to delete or add facilities only. Attachment 10, Catered Meal Change Form of the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015. This form is to be used by the City of Miami to change the number of meals ordered only. 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 Florida Department of Health Bureau of Child Care Food Programs, 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 an addendum and a separate Blanket Release shall be issued by the City, 2.16. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with the following individuals designated as the Contract Page 34 of 38 480327 Administrators: • After School Snacks: Ms. Virginia Bentley; 305-416-1303; vbentley@miamigov.eom • Day Care Centers: Ms. Christine Long; 305459-3507; clong@tni.amigov.com 2.17. 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 is has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition, (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2.18. DAMAGES TO PUBLIC/PRIVATE PROPERTY The successful Bidder (s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (not to exceed one month from date damage was done), 2.19. ACCESS TO CATERER SITE Employees of the City of Miami, designated program officials of the Florida Department of Health, 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, Page 35 of 38 480327 including the right to be present during preparation and delivery of meals. 2.20. REFERENCES Each bid must be accompanied by at least three (3) references from companies/facilities identified in the Certifications section of the City's Invitation for Bid (1178) document. These references shall include the name of the company/facility, dates of contract, description of goods/services supplied, a contact person, telephone number, and e-mail address. Failure to provide at least three (3) references at time of bid submittal may deem bidder as non-responsive. 2.21. TERMINATION A. FOR DEFAULT If successful Bidder (s) 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 (s) 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 (s) 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. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami, If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the successful Bidder (s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination, 2.22. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to Page 36 of 38 480327 this PSA or Agreement, 2.23. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s)/proposer(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)/proposer(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. Page 37 of 38 480327 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK For Specifications, please refer to the Florida Department of Health Child Care Food Program (CCFP) Standard Catering Contract FFY 2014 - 2015, which can be found under the "Header / Notes and Attachments" section of this Invitation for Bid in the Oracle iSupplier system. Note: In addition to the Specifications and Attachments required to be submitted by the CCFP Standard catering Contract for FFY 2014-2015, bidder shall also adhere to the Specifications under Section 2,11, Specifications and Bid Package. Page 38 of 38 ............... .... . .............. ........ THIS IS NOT A BILL NOTICE: This certificate is Ctv of 'Atiardi Non -Transferable, If you relocate, sell the business, or change the type of business a new certificate must be obtained from CERTIFICATE OF USE Building and Zoning at 444 S.W. 2nd FIRE SAFETY PERMIT Avenue, 4th Floor, Phone: (305)416-1199. BUSINESS NAME: DBA: DATE ISSUED: VALID FROM: ACCOUNT NUMBER: SERVICE ADDRESS: APPROVED USE: COMMENTS: 10/20114 10101114 TO 09130/16 116372 4799 NW 7 AV A CU24 -Comm - Food Srvc Estbl. RESTAURANT PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. o FAVOR DEMOMAR EST9 C8077FICADO-EN UN_SMOWS19LEENL.A DIRECCION DEL COMERCIO.- Please note that this Certificate of Use expires on September 30th of the effective year listed herein. Ensuring renewal by October Ist is the responsibility of the business entity. For further information you may call (305) 416-1570. Favor de tomar nota quo este Certificado de Uso se vence el 30 de Septiembre del aflo indicado. Asegurar la renovacio'n para el iro de Octubre es la responsabilidad del negocio. Para mis Informaci6n puede liamar al (305) 416-1570. Tanpri note byen s6t!fika wap itilize-a ap ekspire jou 30 Septam ane sa-a. Se responsabilit6 met biznis la pou Ii renouvie-I Premye Oktob 6ne kap vini-a. Si ou bezwen plis enf6masyon, ou ka rele nou nan: (305) 416-1570. ........... .............. i .......... ............ ............ ...... ........ .......... ............ ............. ....... CITY OF MIAMI FINANCE DEPARTMENT PESO RTED Rst FirClass Mail P.O.BOX 330708 .&POST E AG "PAID 'I OZ, MIAMI,FL 33233-0708 MIAMI,FL Parmit4283 r 4 UR BELLES 3440 nw 11 pI # 101 TO miami,FL,33127 L I i IMPORTANT: nFRTIFIC Exam Form No. 4958 rarsuccasslully tomplebngm�'�.•k• Foundation for the Semsafes Fob �'; Date of Examination: OS OW Date of Expiration: 08/09/20 Check wlth your IocAl rel Local laws apply, 02012 National Restaurant Ass ociallon E servSafe is a reglstered trademark of Assaciatlon Solutions, LLC. Tho National Restaurant As p66oi�bo�G04b�1 a suofsl�0x 5WIO .5'1 m f k}� ifs "' r t a I�IwS I�laiA iVq t S 8 w Lazrz�/ Nplltll(lJMw 1 d f "N`d SS NIs 8 A� IN ni'd /d3a iat a YJ a Met inspection Standards during this visit ANY VIOLATIONS noted herein must be corrected by the NEXT UNANNOUNCED Inspection unless otherwise stated. nsooeli rn Date-. bust IOC 2014 11 A9.Oat 10.2014 12:12 License Exniratlow License Nuinbor: Rank: Inspection Reneasow FoodrLicon6ing Inspe, oils an Owner Narne: VICKIE SMITH Business Nar'r,w 4 UR BELLEE Location Address: 8799 NW 7 AVE A License Type: Permanent Food Servine MfAfvii FL 3312? Telophono Nuvviberi (7Saei) 294-1801 Nurrber of UNW 20 callback Date: preseht FOODBORNE ILLNESS RISK FACTORS, AND PUBLIC HEALTH INTERVENTIONS 12A Hands cleah and washed properly; use of hand aantisoptio If 01A Fold obtained 'frorn approved srailrce N10 107 tlnv+tappr�ri or PHI TCS food not re=served WO Pood Safe and Unadulterated; soetn condition N10 06A Separating nava anim at foods from: each other, RTE foods N10 22 Fond -contact surfaces clears and sanitized IN and unwashed produce WC sholtrtackteags; nmrnin line 0117 Parasite destruction for ravv,yundorcooked fish 02A Consumer advisory on t°aw/undorc:ooked oysters 2t� Conscrrneur advisory on rrrwundercookod aralrnai foods baale rtrrarkhig ready-to-viat (RTE) poteantl,<alty tlzrxtardntrs I - 4yrTar rttacrt aa'aaltaCea central for s afo y foods tr;.A RoCeriving rarer: hviding NPTCS foods told 039 Ao6olving and holding PH/ rC$ foods fact A3C Coking raw drifinal foods and plant foods, marl-ennElnuuus '60kirs0 of row antrpal foods _ 1 030 Gooling PHrTG toj)ds; proper cooling methods i 03E Reheating MT08 'foods for tacit holding ` f✓ Time as a Public Health Control i ` 03* Reduced oxygen packaging (RCP) Livid other Speadai IN N10 IN NIA 09 Sato hand contract with RTE food; Atemativea Operating Nt0 Procedure (i cOPa NtA 11 Employee he aitla knowledge. iiifsyrnptom atic employee OUT preseht IN 12A Hands cleah and washed properly; use of hand aantisoptio If N10 use of AQP NIA 126 Employee Listing, drinking, tasting food, antoking NPO N10 22 Fond -contact surfaces clears and sanitized IN N10 31A Handwash nink(s) installed, acceseltate, not used for other IN pur}'iose$. NIQ 3.16 H andwashing supplies and handwash sign provided 1N N/0 41 ChernicLalstioxic sukistfanoos IN NIA 53A Food iaaranagdr ceartificratioh; knowleadgel activo managerial IN � onirol,(except orriployoo fr f0a) NIA 53B State approved food handler training, arnfitoyee duly IN PRACTICES 0?Ei wa tt ataarna ° prtipevly IaYaelC3d; crYginral eorat iner iiA Na j rtasancca tyr>sfoddln (if Insaactslrodcanls,`peixts; n0 save anirrihia 4-4 Fadi&as to maintain PH/TC6 foods at the proper 35B Oester openings protected froff; rodent proof 1ntfr�r�tt�tra 21 Wiping cloths; clean and soiled llnen6; laundry fraeilities 45 Exits trot blocked or looked (FOR R5PORTING PURPOSES ONLY) 23 Nan•food contact surtaces clean 47 Electrical vVirtng/outlets in gourd repair (FOR RE06RTING PURPOSES ONLY) 24 Storage/haridling of clean equipment, utensils, air drying 4a Csas a pilances; bailor certifloaite current/posted (FOR REPORTi 0 PURPOS88 ON OUT 26 virtgtca-slxrvlco and %angle-urm !terns 49 f' fa:mmableloornbustibte materials (FOR REPORTING PURPOSES ONLYp 27 Water source site, hot (100F) and cola under pressure bit Currant license, properly displayed 28 5ewago and waste+ water disposed properly 51 Other conditions sanitary and safe operation 29 Plumbing Installed and maintained; mop sink; water filters, 52 Misrepros+ ntation, misbranding bar kflow (irovention 32 Bathrooms OUT 54 Florida Clean indoorAlrAct Compliance 33 Garbage and refuse; promises maintained OUT 55 Aufoniattio Gratuity Notice Items marked IN are in cornpllrariee? Items marked OUT fart violations. Specific detatils of the violations arra Iisted on subsequent pages. ktems marked NIA are Not Appllonblo. Items m arhod as N/O are Not Observed and were riot being conducted at the time of inspection, FOOD TEMPERATURES Bar Area Buffet Line Cook Line Front Oatrnter Front Line Kitchen Prep Area Roach In Cooler Reach In geezer Stoam Table/grain Mario Storage Area Wait Station Walk in Cooler Walk to Freezer CookIng Cooting aalreatin p Aollert No Boller On $Its Boller Jurisdiction and Expiration. sanItizer Details: Not set up FlnspectorComments- 1 -10 -Ming inspection. No food oil Site and no food boing prepared at the Urate of lnspaction. 05.484 Observed,, No probe thermometer provided to Measure temperature of food products. Priority: InwmadlatA 11»07.4 Observed. Certified Food Manager or person in charge lacks knowledge of foodborne Illnesses and symptoms of Illness that would prevent an employee from working with food, clean eqUIPMOht and utensils, and single•servlce Items, Priority., Intermediate 1646.4 Observed. No chlorine chemical test kit provided when using chlorine sanitizer at three-compartmont sink/warowashing machine. Priority! Intermediate 3241.4 Observed: Bathroom door not self-closing. Prlorltyr Basic 33-1.6-4 Observed: Open dumpstor lid. "Corrected On-filto- Prloflty: Basic 33.23-4 Observed: Grease receptacle not on proper padinonabsorbent surface. -Corrected On,Site** Prlorlty: Basle 48-044 Obseeve& Propane tank (larger than 2.7 lb. water capacityll lb. gas capacity) located inside of the building. For reporting purposes only. Priority., Reporting S11)Aaluto ol Roopiont 0:410 SIT110i Opurawe 2064944601 Ort 10, 20U 12:42 Oatvtiotlt). 014 at $2.42,68 PM EDT Localfon. 4 UR DELLEE � .Icklmtt #. r1spulo Rurds Stikiron FOOO S(19viub Irmpochuil Ropalt Vorstois 10 WpOulor ftflat.fv Shown OU408 swralatlovi A,%d Saloty Spwilajisl 8240 NW 62nd Tormoo. Suitti 101 DwW, FL W68 850461'r1396 Oct W, 204 1141 Pogo: 3 of 3 d \\a©e Food Program (CCF:P) Standard Catering Contract FFY 2014-2015 Bureau of Child Caro Food Programs 4062 Said Cypress Way, Bin #A-17 Tallahassee, Florida 32399-1727 Phone., 850.245.4323 Fax: 850.414,1622 Web site: www.floridahoalth.gov/ccfp/ FFY2014-2015 The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of moo, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or If all or part of an individual's income is derived from any public assistance program, or protected genetic information In employment or In any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities,) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www,asor.usda.govicornpla!nLfiling__pust.litini, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20260-9410, by fax (202) 690-7442 or email at program.IntEil<e@Lisda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (in Spanish), USDA is an equal opportunity provider and employer, PPY2014-2016 TABLE 4F CONTENTS Overview.. ........ ...................................................,.....,..,....,...................................................................A 1.01 Purpose, ................................... ....... ,......................... ........ ,,............ .,........ ...,,................ ,.,....,.,.,...,...,4 1.02 Definitions: ................. .........,.,..............,,....,,........,,,,,,.,,,..,.,.,,...,............ ,.,,,..................... ......... 4 1.08 Parties Encouraged to Seek Legal Counsel, .... .................... ......................... ......... .,,.. .,..,......,......7 1.04 Monetary Threshold for Catering Contract: ................................................•............... ......,..,.......,7 F. Amendments:.___.......... ................... _ ... __ .................,,................. ............. .,.......... ..,....... ,..,.,.......... 1.05 The Department's Role In Contract Administration, ..... .................... ......................................7 1:.015 Approved Competitive :Contracting Procedures:...................................................... ... .............8 1. Emergency Requirement ,,.,,., .................14 1.07 General Requirements of Caterer;. ................................ .............. ,,................... ,...... ,......... ,........... 8 1.08 Evaluation of Quotes or Bids: ........... ........................................,..................,..........,.,...........,....,.9 L. Business and Professional Qualifications:_ _..........................................................................................16 1.09 Basis for Award..................................................................... ............. ................. . ...............10 1.10 Term of Contract Renewal., .............................. ................. ...,........ .,........ .,,,.,....................... ,,,..1q Q, Vold if Disqualified :........................ .................................................... ........ ......... ................... ....... ,.... 1.11 Federal Policy Prohibiting Discrimintatlow......................,.......,,.,., .. .......,, ,,.,,,.., „..,,,,..,,...,10 1.12 E -'verify Registration.... ....•......,,............................., ,.,.....,....,...,.,.....,..10 R. Energy Policy and Conservation Act (P1. 94-163), '163 ___ ...___ .......... .......... . .... .......... <..,,..,, ..........,.,,..18 1.18 Questions and Answers, 11 1. The Parties Agree to the Following General Terms:,,.... ..................................,.,..............,.................12 A. Scope of work:........,..•.........................................................................................................................12 B. Governing law,,. ..................... .......... ....................................... . ................... .................... ................12 C. The :Florida Department of Health. ............................ ... _.............. ............ , ,....,,., ........... ,...... ...... .,12 D. Department Approval Required .................................... • ........,.,..........•.,....... ___ ....... ,,.,.,,.., .........,..,12 E. Contract Price 'Terms, Payment and Termination for Failure to Make Payment:....... .... ..... ......................12 F. Amendments:.___.......... ................... _ ... __ .................,,................. ............. .,.......... ..,....... ,..,.,.......... 14 G, Selection of cycle menu:.,,, ......•.......... .........,,...........•.....•........ •....,..,.,.................. ................14 H. Special conditions and specifications; ............................. ................... ..............,,., ,..,.,........... ........... 14 1. Emergency Requirement ,,.,,., .................14 J, Renewal: ...............................•...... .............. , .......... ,................................................................................... 15 K. Termination: ........................... ....................................................... ......... .......................................15 L. Business and Professional Qualifications:_ _..........................................................................................16 M. Independent Capacity of Parties: ...... .... .............................. .. ......... ..................................................17 KConflict of Interest;...,. , .........................•.............,.......,.,,.,................,.....,..................,................,...,......17 Q, Vold if Disqualified :........................ .................................................... ........ ......... ................... ....... ,.... 17 P. Enforceability: ............ .... _._ ............. ............. ......... ,....18 Q. Default. ...... ........... ............. . ... .. ....... .................... ................ .,.................... .... , ., .....................,..18 R. Energy Policy and Conservation Act (P1. 94-163), '163 ___ ...___ .......... .......... . .... .......... <..,,..,, ..........,.,,..18 S. Buy American Requirement ........ ,....... ,.......... .. .............................,,,,,............,...... ,,,,,...... , ..,......,18 T. Minority Particlpation :..................... ......... ,. ....... ........, .,......, ........................... , .....,,,..,,..18 U. Equal Employment Opportunity ..... V. Mandatary Provisions, . .......... __ ... ...... ......................... ...................... ......... ......... ......... ............. 19 W. Execution of Contract: ........................................... ....•.,,........,.,...........,,........................ , .,.,...............,,19 X. Cost of Contract Preparation: ....................,.......... ....,....,,.,,.,.....,,.............,,.,.,.,......,.................,,.,......19 Y. Certificate of Independent Price Determination:,.....,, ... ....................................................... ...... ............. A9 Z. Glean Air and Federal Water Pollution Control Act ................................................... ...........................19 AA. Byrd Anti -Lobbying Amendment% .................. ......... ..................... ...............,.,,,19 11» The Caterer Agrees to. ....................................................................................................... ................20 A. regulatory Compliance ....................,, •.,, ... .. .,...............,.. 20 B. Preference for Drug -Free Workplace ........................... .............. ................., .,,....,......,.......,.....,...,...,....20 C. Authority to Contract:_ .... - ..... .. ...... __ ......... .......................................,...,.................,..,.....................20 D. Supervision and Inspection Requirements:—, ............................. ....... .... _........................ ......................20 E. Meal requirements, preparation, packaging and delivery:_... ............................. ........................... .......... 20 F. Assignment and Subcontracting: ........ .......................... ____ ................ ....... _ ................... ........... _,_22 G. Access to Caterer Site .................. .......,..................,...,.,.......,............,..,.,.,.,......,..,.,...,...,...,....,.,_,.,...,....22 H. Access to Records: ..................... ......... .... ,,.,................... .............,.......,...,...........,........,..,.,.........,.......,......2z 1, Repayment for disallowed meals..,.,,.............................,..,.....................,..,.............,.,.,.,..,..,.,,....,...........,,.22 J. indemnification and Contract Insurance Requirement: .....................................,........_...,.,,.,,....,.,........,...23 K. Conflict of Interest:.. ... _ ............... — ... ............................. . ..................... ......... ............ ,.............. ,.,,........23 FFY 2014-2015 2 I8TheInstitution facility Agrees to*.. ............... ....................... ....................... ........................................ 24 ,, Receiving catered meals; ... ......... .~^.................. ...................... ,................................... ............................. ` B. Payment to the Caterer—... .~--- ..... .......... ......................................................................................... 4 [� Meal OrderChanges: ...................... —.^.^^.~_~^.,~,.,,~_,,,,~,~,~,.~,'.,~.^~,~_^~,,~_^,............. �24 D.CUFP Catered Meal Records: ............................ .................. --- ........... ...................................... ........... 24 IV.Lbst of Attachments: ............ ._...... .~...... ~.,'~~,~~....... ,~~_,~,,.~~~~,.,~_,~~°~.,,,.~,,,._,_~. 25 Attachment1 .... ....... ......... .......................... .............................................. ...... ............................. .......... ..... i Child Care Food Program Meal Pattern for Ch|ldrmD............. ......... ......... ........ ....... ......... ...... ........... | Attachment2 ....... ..^................ ...~....... ................. ........ .................. -~~~~..................................... .......... h/ CycleMonti .... .................................. .~... ..... ........................................... ....... ....... ......... ............. ..... ....... .h/ ' Attachment3 ............... ....................................... ............................................................................................. b{ Minimum Food Specifications and Exhibit A - Gra|MwiBreads Requirement.. ..... ....... ........................... b( Attachment4~. .......... .~~.~~....~~~~.'.~_,~,,_,~^^.,,^,~,~~,~,.,~~~~^,,,._~............ ~_~,,.~,~._~~xx � CCFP"Boxed Lunches" Menus ........... .~................................................................ ............................ ..... Xx Attachment 6 ............. ........... ..................... .~~~~~~,,,~,,.~_~~~~~,^~^^_~~^..~,^^,.,~~~... ,~,~.~,~~._~XXI ' Meal Services tmbeProw|dwd............ .......... ..................... ..,........................................ ........... ........md � Attachment 6...... ...... ~~".~"............ ........................ ................... .......................................................... xxN .Delivery Schedule ............ ................. .............................. ............ .......................... .............. ....... ........ XXU Attachment7°..- ....... ---- ........ .......... ............................................ ....... _......... .~.................... ................. xxi| PriceSchedule ............................. ................... ............ ..................... ....... ...... ..................................... ~XxU Attachment&....... .~~.~.^°.~~~.......... ~................................................................................................... .....xXb/ Institution Conflict ofInterest Quest mnuaire~................-.._....,..~.~.....-~........~...~.'XXIY Attachment9 ...... ................... .... .......... ......... -... ...................... .......................... ........ .......................... xxx Caterer ConfKotofInterest Questionnaire .... .......... ........ ....................................................................... %%Y AttachYneot1O................ ...................... ....... ....... ............................ ... ^,~.,,..~~.................... ~'~~___,`.XXy Catered Meal Order Change Form .... ............. ................... ..................... ........ ._............................... X:V Attachment11 ............. .................. .......... ....................... .~"................ ..... ..~................... ...................... .XxV| Bidder Acknowledgement Form ...... ..... --- ....... ..... ...... ~.~..._...... ---- ....... --- ~.... ......... ...... ~VVVU Attachment12 .................... ._.'~...... ....................................................................... ... ................... ..... xnxO ;r-y2o14.y»15 3 CUP Standard Catering Contract FFY 2014-2016 Overview: The overview items that follow are Incorporated and adopted by reference Into the terms and condition's of this contract, 1.01 Purpose; — The purpose of this Standard Catering Contract is to obtain Caterer services to furnish meals to children ages one and older participating in the Child Care Food Programs (0(,FP) at designated child care centers. The Standard Catering Contract is provided for mandatory use by all CUP Institutions or -facilities using catering services pursuant to 7 CFR §§226,6(1) and 226.21. The objective of the contract is to obtain CUP standard meals, delivered to designated locations, on a predetermined schedule, in specific configuration and under strict quality control guidelines. Meals accepted at the child care facility locations are eligible for payment by the Institution or facility. CCFP reimbursement shall be dependent upon the Caterer and child care facility achieving the necessary standards to qualify delivered meals for reimbursement. 1.02 PS% The following definitions shall apply to all terms and conditions: 1. Bid means an offer to perform catering service in accordance with the specifications and conditions of the governing contract for a set, stated price, 2. Bidder means a person who sells prepared meals, supplies and services for the CCFP. Such person must be included on the CCFP Caterer List to be eligible for the authority to bid for the opportunity to provide services under contract to a CCFP Institution or facility. 3. Caterer means a person or business entity that submitted information to the Department that Wishes to sell prepared meals, food related supplies, and services to CCFP participating Institutions. 4. CCFP means that portion of the Child and Adult Care Food Program enacted In Section 17 of the National School Lunch Act authorizing assistance to states through grants-in-aid and other means to initiate, maintain, and expand non-profit food service programs for children in nonresidential institutions which provide care, The CCFP is intended to enable such institutions to integrate a nutritious food service with organized care servIces for enrolled participants, Reimbursement payments for allowable costs are made under the CCFP by the State to the Institution that in turn is required to pay for meals received. 5. Center means a child care center, at -risk after school care center, an emergency shelter, or an outside -school -hours care center, 6. CFR means Code of Federal Regulations. 7. Child care center means any public or private nonprofit Institution or facility (except day care homes), or any for-profit center that is licensed or approved to provide nonresidential child care services to enrolled children, primarily of preschool age, including but not limited to day care centers, neighborhood centers, Head Start centers and organizations providing day care services for children with disabilities. Child care centers may participate in the Program as Independent centers or under the auspices of a sponsoring organization. FFY 2014.2016 4 8. Child care facility means a licensed or approved child care center, at -risk after school care center, emergency shelter, or outside -school -hours care center under the auspices of a sponsoring organization. 9. Competitive sealed bid means a method of procurement whereby two or more sealed bids are publicly solicited and a firm fixed-price contract is awarded to the responsive, responsible bidder whose bid, conforming to all the material terms and conditions of the solicitation, is the lowest in price or a selected acceptable bid price based upon CCFP criteria. 10. Contract means a legally enforceable agreement duly executed by the authorized representative of the Institution or facility and the Caterer that calls for the provision of meals, supplies and services by the Caterer in accordance with all the conditions and specifications in the contract for a price to be paid by the Institution. 11, Cycle menu means a standard list of food Items organized Into daily meals meeting the USDA meal pattern. Cycle menus are provided in specific sequence and arrangement to vary the diet of CCFP participants and remain in compliance with the USDA meal pattern standards. 12. Day means a calendar day, without regard to weekend or holiday unless otherwise specified. 13. Department means the Florida Department of Health, Bureau of Child Care Food Programs, responsible for Implementation and management of the CCFP in the State of Florida. 14. Emergency means those unplanned or unexpected situations preventing the Institution or Caterer from operating as normally planned. Emergency circumstances are normally declared by a government entity and are further defined In Part 1, 1 of this contract, 15. Executed contract means a contract that has been signed and dated by both parties (authorized representatives of the Institution and Caterer). In those instances where the quoted or bid price for service under the original contract equals or exceeds $60,000, Such contract Is not executed until It is approved by the Department and must be so approved prior to the parties executing and commencing service under that contract, 16. Facility means a sponsored child care center, 17. Fixed-price contract means a contract in which the Caterer is paid at a set or fixed rate per meal for a specific period of time. 18. FNS means Food and Nutrition Service, an office within the United States Department of Agriculture responsible for national implementation and oversight of the CCFP. 19. Formal competitive procedure means a method of obtaining catered meal service by an advertised sealed bid process. 20. Informal competitive procedure means a method of obtaining catered meal service by requesting price quotations for meals. 21. Institution means a sponsoring organization, child care center, at -risk afterschool care center, outside -school hours care, center, or emergency shelter which enters into an agreement with the Department to assume final administrative and financial responsibility for Program operations. 22. Invitation to bid means a written solicitation for competitive sealed bids with the title, date and hour of the public bid opening, The written solicitation contains specifications and pertinent attachments that define the items or services needed and upon which basis the bidder shall be required to respond. FFY2014-2016 5 23, Meals means food which Is served to enrolled participants at an Institutlon or child care facility and which meets the meal pattern and nutritional requirements set forth in this contract, 24. Milk means pasteurized fluid types of unflavored or flavored whole milk, lowfat milk, skim milk, or cultured buttermilk which meet State and local standards for such milk. All milk should contain vitamins A and 0 at levels specified by the Food and Drug Administration and be consistent with State and local standards for such milk. 25. Monetary threshold means the procurement determination level based on an Institution's or a facility's total annual food costs. The monetary threshold for CCFP Is $100,000, 26. National disqualified list means the list, maintained by the USDA of institutions, responsible principals and responsible individuals disqualified from participation In the Program, 27. Noncompetitive negotiation means the procurement through solicitation of a proposal -from only one or a very limited number of sources or after solicitation of a number of sources, competition Is determined to be Inadequate, 28, Nonprofit food service means all food service operations conducted by the Institution principally for the benefit of enrolled participants, from which all of the Program reimbursement funds are used solely for the operations or Improvement of such -food service. 29. Notice of Serious Deficiency means written notification from the Department or sponsor or USDA that an Institution or facility has been determined to be non-compliant in one or more aspects of its operation of the CCFP. 30. Program means the Child and Adult Care Food Program authorized by Section 17 of the National School Lunch Act, as amended. 31. Public/Military Institution or facility means any governmental child care center at the federal, state or local level. 32. Quotation or quote means the formai statement of a price at which a prospective Caterer is prepared to deliver specified services, 33. Responsive bidder means a caterer that appears on the CCFP Caterer List who has submittod a response to an Invitation to Bid for catering services. 34. Responsive potential Caterer means a caterer that appears on the CCFP Caterer List who has submitted a response to a solicitation for a quote, for catering services, 35. Snack means a meal supplement that meets the meal pattern requirements specified in 7 CFR §226,20(b)(6) or (c)(4). 36. Solicitation means a verbal or written request by an Institution or facility to obtain catering services. Solicitations can be informal or formal based on the monetary threshold of the Institution or facility. 37. USC means United States Code, 3& USDA means United States Department of Agriculture responsible for the administration, oversight and fund distribution for the CCFP and the requirements of governing federal regulations. 39. Yogurt moans commercially coagulated milk products obtained by the fermentation of specific bacteria, that meet milk fat or milk solid requirements to which flavoring -foods or Ingredients may be added, These products are covered by the Food and Drug Administration's Standard of Identity for yogurt, low-fat yogurt, and nonfat Yogurt, (21 CFR §131.200), (21 CFR §131.203), and (21 CFR §131.206), respectively. FFY20142016 6 1M Parties Encouraged to Seek, L29AI CourLiqql, The standard contract Is a legal document. Entering into this agreement may affect the Institution's or facility's or Caterer's rights and responsibilities under Florida law, Each party to this contract will have individual legal concerns best addressed by an attorney representing that party's interests. This standard contract Is provided as required under the federal rules governing the CCFP, The Florida Department of Health (Department) Is not permitted to provide legal advice regarding this contract. The Department is only permitted to explain the various terms, conditions and functions of the standard contract and may not advise parties as to their rights under the stated provisions. Any representation either implied or stated by any party or agent of the Department in this regard to the contrary shall have no effect and shall not be celled upon regarding this contract, The Institution or facility and Caterer are therefore strongly encouraged to seek legal advice from an attorney licensed in the State of Florida familiar with contract law and CCFP requirements before entering Into this contract, The Department will certainly discuss various provisions of the proposed contract with a properly licensed attorney representing either party to the proposed contract to answer any questions or concerns should either party make such arrangements. Pursuant to 7 CFR §§226,6(1) and 226.21(b) and (c), the terms of this contract shall be applied uniformly throughout the state and are not subject to negotiation. Therefore, any communication with representatives from an Institution or facility or Caterer's attorney shall be for the sole purpose of providing information regarding the legal Implications of the contract's terms and conditions. 1.04 Monet gry,'Threshold for Caterina Contract: A. This Standard Catering Contract for catered meal service must be used by CCFP Institutions or facilities, Institutions or facilities with a total annual meal service cost up to $100,000 may use informal procedures when securing a contract, Those with a total annual meal service cost gat or above $100,000 must use formal bid procedures, B. When following informal procedures to obtain catered meal services, the Institution or facility must obtain written quotes from at least three caterers. C. When following formal procedures to obtain catered meal services, the Institution or -facility must provide written solicitation for sealed bids with the date and time of the public bid opening. D. The quotes or bids must include the unit price for each meal and the lowest grand total quote or bid must be accepted unless prior approval is obtained from the Department for choosing a Caterer with a higher quote or bid based on written justification, 1.05 The Department's Role in Contract Administration: A. The Department Is not a party to the, contract. However, the Department provides the fiscal reimbursement to Institutions for creditable catered meals. These reimbursements are subject to federal CCFP requirements. Consequently, the terms of the contract, Its execution and validation of service are subject to the Departments review for purposes of validating program funding and reimbursement to the Institution, B. The Institution's or facility's continued participation In the CUP is dependent on effective management and administration of the contract. The Caterer's continued service to COPP FFY2014-2015 7 Institutions or facilities is subject to the Caterer maintaining its current information with the Department, 1.06 61212r!Rved Competitive Contracting Proce res: A, Informal competitive procedures: Institutions or facilities with an estimated contract monetary threshold of less than $100,000 must obtain written quotes from at least three caterers, QUQtGS must include the unit price for each meal and the lowest grand total quote must be accepted unless prior approval is obtained from the Department for choosing a Caterer with a higher quote based on written justification, B, Formal competitive procedures: Institutions orfacilitles with an estimated contract monetary threshold at or above $100,000 must advertise bid proposals In a newspaper of general circulation with the specified date and time of bid opening, Public advertisement must occur at least fourteen (14) calendar days before the bid opening. Institutions or facilities and potential bidders (caterers) must follow formal bidding procedures outlined below: 1, Bids received prior to the time of the opening must be securely kept, unopened with date and time received recorded on the outside of a sealed envelope, 2. The date and time of the bid opening must not be changed by the Institution or facility after the bids have been received. 3. Bids must be opened at the specified date, place and time, and recorded. A bid must not be altered after the opening of the bids, 4. Only one bid may be offered by any one party. If more than one bid is offered by any one party, whether it Is offered by or In the name of a clerk, partner, or other assistant or employee, then all bids from that party must be rejected. 6. Bids not submitted with a bidder acknowledgement form and submitted without specified attachments shall be rejected, 6, Bids must not be accepted after the date and time noted on the bidder acknowledgement form. It is the bidder's responsibility to assure that his/her bid is delivered at the proper time and place of the bid opening, 7. Potential bidders must complete and execute all mandatory attachments and the bidder acknowledgement form and submit the originals and one copy of each in a sealed envelope. S. Potential bidders must include the Institution's or facility's name and address and date and time of the bid opening on the face of envelope, 9, It a bid Is submitted via express mail or In a courier envelope, the bid documents. , should be submitted in a separate sealed envelope within the courier envelope, Express mail or courier envelopes will be opened and discarded. 10. Offers by telegram or telephone are not acceptable, 1.07 general Rsqul.remooLs of Catorer: A. Caterer must appear on the CCFP Caterer List to provide quote or bid. 1. Caterers responding to a solicitation for quotes or bids must appear on the CUP Caterer List prior to submitting a quotation or bid for consideration. This may be completed consistent with the instructions on the CCFP Web page, FFY 2014.2016 8 2. Caterers must submit the following information annually by September 30th of each year to be Included on the CCFP Caterer List: a completed Caterer Information Form; a copy of the current food service permit; a copy of the most recent food service inspection; and a copy of a current food service manager certification, B. Caterers providing quotes or bids shall carefully review all the materials contained herein and prepare responses accordingly. The quotation or bid shall be based on all the terms and conditions stated in this contract, The Caterer Is responsible for the accuracy of all Information provided in Its bid and shall be required to perform according to the terms of the contract and its bid should it receive the contract award. The Caterer shall therefore be required to: 1. Provide a quotation or bid based on the number, type and delivery location for meals specified in the request for quotation or bid. 2, Provide a unit price per meal type requested, total price for each meal type, and Its grand total quotation on Attachment 7, Price Schedule, columns 3, 4, and 5. 3. Complete Attachment 9, Caterer Conflict of Interest Questionnaire 4, Complete, if required by formal competitive procedures, Attachment 11, Bidder Acknowledgement Form, and Attachment 12, Certificate of Independent Price Determination. 5, Type or print in Ink all quote or bid proposals. Use of erasable ink is not permitted. 6. Include the cost of food, milk, disposable meal service products, packaging, transportation and all other related costs (e.g., condiments, utensils, etc.) according to Attachment 6, Meal Services to be Provided and Attachment 7, Price Schedule, as part of the contract price. 7. Not include unauthorized menu changes, incomplete meals, or meals not delivered within the specified delivery time period as part of the contract price. C. Caterer quote or bid Inquiries: 1. Questions related to the request for a quote or bid must be received In writing by the Institution or facility. 2. Respondents to an informal quote or formal bid may not contact the Institution or facility between the date of the request for quotes or release of the bid and the end of the 72 - hour evaluation for responsiveness period except in writing to the Institution or facility. 3. Violation of this provision may be grounds for rejecting a quote or bid, 1.08 gyawation of Quotes or Bids: A. Quotes or bids that do not meet the requirements specified In this contract will be considered non-responsive. Responsive quotes or bids meeting the mandatory requirements will be evaluated. In the best interest of the Institution or facillty, the Institution or facility reserves the right to reject any and all quotes or bids or waive any minor Irregularity or technicality in the quotes or bids received, Caterers are cautioned to make no assumptions unless their quote or bid has been deemed responsive. 13, In case of mathematical errors, the Caterer's unit price quotation or bid shall be considered the contract price, It is the Caterer's responsibility to understand the terms, conditions and specifications of the contract. Failure to do so will be at the Caterer's risk and no relief shall be provided under this contract for "error"once a contract Is executed and agreed to by both parties. FFY 2014-2015 9 C. in case of identical tie quotes or bids, the Institution or facility shall determine the order of award in accordance with Rule 60A-1.011, KA.C., Identical Evaluations of Responses. 1.09 Basis for Award, A. Each quotation or bid submitted shall be considered for responsiveness to the terms and conditions of the contract. In general, a single award shall be made to the responsive, responsible Caterer offering the lowest grand total price and meeting all stated requirements of this contract, 13, The Institution may choose to award the contract to another Caterer meeting all contract requirements as permitted under 7 CFR §226,21(a)(7). However, in order to qualify for CCFP reimbursement for the catered meals In the contract, the Institution (or facility) must obtain Department approval prior to awarding the contract. in order to obtain that approval, the institution (or facility) shall provide written justification to the Department explaining Its reasons for not accepting the lowest catering contract quotation or bid, The Department shall issue its decision within lien days of receiving the Insti'tution's (or facility's) completed request for consideration, C, All proposed catering contracts with a grand total amount of $60,000 or higher must be approved by the Department, pursuant to 7 CFR §226.21(a)(7) prior to execution. Institutions or facilities may be penalized for failure to obtain prior Department approval. D. All corrections made by the Institution or facility and/or the Caterer to this contract shall be Initialed and dated. The Institution or facility and the Caterer name shall appear on each page of the contract as required, 1.10 Ter!p of Contract Renev+ia!I:. A. The proposed contract is for a single federal fiscal year. The contract shall expire on September 301' of the contract year unless terminated earlier, This contract may be renewed for two additional one-year terms. B. Renewals must be negotiated and agreed to prior to the expiration of the current contract on or before September 30 of the contract year. Failure to complete the renewal process (unless switching to self preparation food service) will require that the Institution or facility obtain now quotations or bids for a new catering contract in order to qualify for CCFP reimbursement for catered meals. Public/military Institutions or facilities must comply with their governing authority's requirements when renewing contracts, C. The renewal process shall be at the sods discretion of the Institution (or facility) and will require the mutual agreement of both parties for completion. Renewal instructions and requirements are provided in a separate document. 1.11 Federal PolIcv Prohlbitina Discrimination The U.S, Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age„ disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic Information in employment or in any program or activity conducted or funded by the Department, (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at FFr2014»2016 10 http://www.asor,usda.gov/complalnt—filing_pust.htmi, or at any USDA office, or call (866) 632- 9092 to request the form. You may also write a letter containing all of the information requested In the form, Send your completed complaint form or letter to (is by mall at U.S, Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D,C. 20260-9410, by fax (202) 690-7442 or email at program.]ntake@a usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (in Spanish). USDA Is an equal opportunity provider and employer. 1.12 E -Verify Regi-stration The Institution or facility agrees to use the U.S. Department of Homeland Security's E -Verify system, httos.//e-verlfv.uscI.s.qov/em p, to verify the employment eligibility of, 1. Ali persons employed during the Standard Catering Contract term by the Institution or facility to perform employment duties within Florida; 2. All persons (including subcontractors such as a Caterer) assigned by the Institution or facility to perform work pursuant to this Standard Catering Contract. 1.13 ggj_stiqpp and Answerrs, All questions must be directed to the Institution or facility seeking the Caterer quotation or bid under this contract. The Institution or facility and Caterer may seek clarification or assistance from the Department when it is believed such assistance will be helpful in developing the most efficient and effective contract possible for the benefit of the children participating in the CCFP, the CCFP and the parties to this con -tract, The Department may also provide guidance on the terms and conditions of this contract. Remainder of page intentionally left blank. FFY2014-2015 11 CCFP STANDARD CATERING CONTRACT THIS CONTRACT Is entered Into between hereinafter referred to as the institution or facility and herein after referred to as the Caterer. This contract will become effective when an authorized representative of the last party has signed the contract and will expire on September 30, 20_ unless extended by mutual agreement according to the terms of the contract and for no longer than one year with two one-year extensions permissible at the Institution's option. Either party may choose to terminate the contract at any time in accordance with the terms specified herein. Delivery of catered meals shall commence after the Institution or facility has received DOH approval to participate in the CCFP. The Institution or facility will notify the Caterer to commence meal delivery. 1. The Parties Agree to the Following General Terms: A, Scope of work: The scope of this contract is to provide meals specified by the Institution and deliver the specified meals to the site or sites the Institution Identifies in the Delivery Schedule on Attachment 7 to this contact, Meals shall be delivered daily in accordance with all quote specifications and attachments regarding this contract. (See Attachments 1 - 7) B. Governing law: This contract shall be enforceable Linder the laws of Florida and parties shall be required to comply with all applicable federal and state laws, rules and regulations regarding the execution and enforcement of this contract and Its use In the CCFP, C. The Florida DepA.r (Mont of Hpalth, The Department is not a party to this contract nor is It responsible for its execution or the enforcement of any payments or performance. The Department's role role is providing a standard contract pursuant to 7 CFR §226 and ensuring compliance with reimbursement and contracting conduct of CCFP Institutions oi- facilities, Any representation either implied or stated by any party, or any agent of the Department in this regard to the contrary, shall have no effect and shall not be relied upon regarding this contract, D. Department Apgroval Required: The terms and conditions of this contract bear directly on the Institution's or facility's successful participation In the CCFP. Therefore, the Institution or facility is not permitted to receive reimbursement for catered meals under this contract If totaling $50,000 or more until the Department has granted final approval of all terms and conditions of this contract consistent with its authority proscribed by 7 CFR §226, Consideration for reimbursement shall commence only after the date the Department grants final approval of all terms and conditions of this contract If totaling $50,000 or more. E, Contract Price Terms, Payment and Termination for Failure to Make Payment, Prices, Terms and Payment: All prices are fixed for the duration of the contract period. a. Taxes: Any applicable taxes are In addition to the quotation and are not Included therein; b, Cash Discounts: Cash discounts for prompt payment shall not be considered in determining the lowest not cost for contract evaluation purposes, c, Invoicing and Payment: (1) The Caterer shall submit itemized invoices to the Institution biweekly or monthly. If the Institution Is a sponsor of child care centers, the Caterer shall also provide a biweekly or monthly statement to each child care center to which It delivers meals that specifies the number of meals provided to the center, the unit price for each meal and the amount paid by the aponsoron the center's behalf, (2) The Institution shall pay the Caterer the unit price specified In the Attachment 7, Price Schedule times meals provided as specified In the Invoice, The Institution or facility shall pay: (a) According to the time frame as stated on the Caterer's Invoice; or FFY 2014-2016 12 (b) 5 days after receiving CCFP reimbursement, whichever occurs sooner. (c) No later than forty one days of Its receipt of the invoice from the Caterer, (3) The Caterer may Impose the following late fees, but is not required to do so. Any late fees shall not be paid from CCFP funds. See Termination for Breach In Special Conditions for non- payment of services rendered, Time Period from Invoice receipt date Maximum late foe Late fees 42. to 62 days Two percent (2%) of the Invoice or $200 whichever ter fee amount'is greater 53 to 62 days V, fee plus two percent (20/6) of the Invoice or $2DO 2nd fee whichever amount is greater 63 to 72 days Isrand 2"' fee plus two percent (2%) of the Invoice or 3111 fee $200 whichever amount Is greater 73 to 82 days ,11 i��hd - and 311 fee plus two percent (2%) of the invoice or 4P fee $200 whichever amount Is greater (4) The Caterer shall not receive payment for unauthorized menu changes, Incomplete meals, or meals not delivered within the specified delivery time period. Any payment denial shall be supported by delivery documentation demonstrating deviation from the requirements of this contract. 2, The contract price shall Include: a. Price of food, milk, disposable meal service products, packaging; b. Transportation; and c. All other related costs (e.g., condiments, utensils, etc.). 3, The contract price does not include and the contractor is not authorized to charge costs for unauthorized menu changes, incomplete meals, or meals not delivered within the specified delivery time period. 4. The Caterer may terminate service under this contract for nonpayment If the Institution has failed to make full payment for any invoice 60 or more days after that invoice is due and owing. a- The Caterer hereby waives Its right for assistance with CCFP delinquent accounts through the CCFP, for catering services If It falls to terminate service upon the Institution's failure to make full payment for any invoice 63 or more days after that Invoice is due and owing. b. Any claim the Caterer asserts for nonpayment shall be supported by all delivery records and invoices and a copy of the Institution's account payment history. 5. Non-payment: for Spoilage: a. No payment shall be required nor made for meals that: (1) Are spoiled or unwholesome at time of delivery; or (2) Do not meet detailed specifications for each food component specified; or (3) Do not otherwise meet the requirements of this contract. b. All meal specifications under this contract shall include but are not limited to cycle menu, grade, purchase units, style, condition, weight, Ingredients, formulations, and delivery time. 6. The Caterer shall use the following delinquent payment notification procedures in order to preserve its right to demand payment for catering services: PPY2014-2015 13 a. For invoices not paid within 42 days after the Institution received the invoice (pursuant to this contract) the Caterer shall send the Institution a notice letter with a copy of the original Invoice attached. The Caterer shall also provide a copy to the CCFP- b. When an Invoice previously noticed when delinquent 42 days Is still delinquent and not paid in full within 63 days after the Institution received the Invoice, the Caterer must provide a second letter to the Institution with a copy of the original Invoice attached and provide a copy to the CCFK c. The Caterer shall suspend service or terminate its contract with the Institution if the Institution has failed to make full and complete payment for any invoice 63 or more days after that Invoice Is due and owing. The Caterer's failure to terminate its contract shall not waive the Caterer's right to seek payment under appropriate Florida law. F. Amen menu: No amendments to this contact shall be enforced unless and until such amendments are: 1. In writing; 2. Agreed to and signed by each party; and 3. Approved by the Department for purposes of reimbursement, G. �ejeotlon of cycle menu: The Institution or facility has selected a state approved cycle menu included as Attachment 2 to this contract. This cycle menu shall be used to govern the meals prepared and delivered under this contract. The Institution or facility or the Caterer shall* 1. Not make menu substitutions except under emergency circumstances, 2. Seek approval from the Department of any menu changes and/or substitutions. 3. Document the need for the Substitution to include what meal (or meal itern) could not be provided and what meal (or meal Item) was provided in its place. 4. Inform the Institution and/orfacility(s) of the menu substitution prior to delivery, 5. Acknowledge that any menu substitution Is subject to evaluation and meal disallowance at some future date under CCFP requirements and therefore bears the risk if it is found that the meal must be disallowed because such substitution does not qualify the meal for CCFP reimbursement. H. Special ognditions and SDecifications: Any special conditions and specifications which vary from the general terms and conditions of this contract must be agreed on by both parties and approved by the Department prior to execution and attached to this contract. Any such attachments are adopted as part of this contract and shall have precedence, I.,Egiergency Requirement: 1. Generally; a. If the Institution or child care facility is required to close due to an emergency the Institution or facility shall be required to pay for all food previously delivered to a center. b. CCFP will not reimburse for meals which are not served to enrolled children, regardless of the reason for the failure to serve the meal. c. Institutions must notify the Caterer at the earliest time feasible if a child care center will be closed ,for zany reason. 2. Emergencies affecting a geographical area, a. In the event of an emergency affecting an entire geographical area each party shall act In good faith to keep the other party Informed of its ability to perform the conditions of the contract, FFY2014-2015 14 b, Caterers must immediately notify all Institutions and facilities served if the emergency requires caterer closure, alterations of menu or other interruptions or partial Interruptions of service, c. Any disruption or alteration of service shall be documented and a copy provided to the center and to the Department. d. Upon issuance of a notice of an emergency situation or pending emergency situation by state or local officials for the state or a geographical region, Institutions shall notify Caterers of their plan for operation during the pending emergency. For instance, If a hurricane warning is Issued, the Institution shall notify the Caterer of Its contingency plans for the emergency, specifically the factors It will use to determine closure, such as: it will close if school districts close or, government offices close, or local stores close, e, If the Institution does not provide reasonable notice of Its closure It shall be responsible for payment for meals attempted to be delivered during regularly scheduled times, J. Renewal: 1. The Institution or facility reserves the option to renew the contract for no more than two additional one year periods beyond the original contract term. Renewal may be under the same terms and conditions of this contract or different terms and conditions may be used once they are approved by the Department. 2. In the event of renewal of this contract any new or additional terms and conditions as required by the Department shall be incorporated Into the renewal contract consistent with the requirement for amendments. 3, Renewal of the contract shall be completed by mutual agreement in writing and shall not take effect until an authorized representative of the last party (the Institution or facility) has signed the contract. 4, Renegotiation of price changes pertaining to the unit price shall be a►lowed in the subsequent years of the contract. 5. The annual percentage Increase shall not exceed the Consumer Price Index as determined by the Department. 0. No price increase under this or any renewed contract shall take effect without prior written consent signed by both parties to the contract, K. TArMingtion: 1. At Will., a. This contract may be canceled by either party with a thirty (30) day written notice; b, Notice shall be delivered by certified mail, return receipt requested, or In person with proof of delivery. 2, For Breach: a. The Institution's Rights; (1) The Institution shall have the right, though is not required, to terminate this contract if the Caterer falls to comply with the contract's requirements. (2) Upon election of its right to terminate the contract, the Institution or facility shall notify the Caterer. Such notification must be in writing stating the specific instances of non-compliance with the terms and conditions of the contract, The Institution must await the Caterer's specific performance under the contract for 24 hours after the Caterer receives the Institution's written demand. (3) If the Caterer falls to effect corrective action within 24 hours of the Institution's notification, the Institution shall have the right, upon written notice, to Immediately terminate the contract and the Caterer shall be liable for any damages incurred by the Institution, (4) The Institution shall by written notice to the Caterer terminate the right of the Caterer to proceed under this contract if the Institution finds that gratuities in the form of entertainment, or FFY2014-2015 15 gifts, or If any other thing of value was offered or given by the Caterer to any officer or employee of the Institution with a view toward securing a contract or securing favorable treatment with respect to the awarding, amending or the Caterer's conduct under the contract, b. The Caterer's rights; (1) The Caterer may terminate this contract if the Institution flails to comply with the requirements of this contract. (2) Upon election of Its right to terminate the contract, the Caterer shall notify the Institution or facility. Such notification must be in writing stating the specific Instances of non-compliance with the terms and conditions of the contract. The Caterer must await the Institution's specific performance under the contract for 24 hours after the Institution receives the Caterer's written demand. (3) If the Institution falls to effect corrective action within 24 hours of the Caterer's notification, the Caterer shall have the right, upon written notice, to Immediately terminate the contract and the Institution shall be liable for any damages incurred by the Caterer. r,, Additional condition for termination for failure to pay for catering services; (1) Those conditions are additional to all stated terms for termination and apply expressly to the situation In which the Institution falls to pay the Caterer as agreed under this contract, (2) Caterers shall retain the right under the laws of Florida to seek payment for all services delivered under this contract. (3) The parties agree that the Caterer shall waive its right to seek action through the CCFP, under this contract if it continues to provide services beyond the date when the Institution has failed to make full payment for services and is 63 days or more late in paying for services under this contract, d, Resolution of disputes; (1) The parties to the contract shall attempt to resolve disputes under this contract through mutual agreed mediation. (2) Should mediation fail, disputes shall be resolved under the laws of Florida. (3) Regardless of resolution, costs or expenses for which the Institution subsequently accepts or is assigned liability shall not be paid from CCFP reimbursement funds unless those costs or expenses have been previously approved by the Department for reimbursement. 3. For lack of availability of Funds: The Institution shall have the option to cancel the contract for lack of funds as described In this section. In the event of cancellation of the contract, the Institution shall be responsible for meals that have been delivered to its facility. The contract may be cancelled under this provision If: a. The Institution is not approved by the Department of Health to participate in the CCFP; b. The Institution is terminated or suspended by the Department of Health from the CCFP; c. The Institution's funding sources to include participant payment, charity and similar fund raising activity fail to provide sufficient resource to continue the Institution's oporation, or d. The funds to support the CCFP are not available due to federal or state budget constraints, L. Business and Professional Qualifications; 1. The award of this contract is subject to the provisions of Chapter 112, F.S. Caterers shall disclose with their contract offer whether any officer, director, employee, consultant or affiliate is also an officer or an employee of the State of Florida, 2, All Caterers must disclose the name of any state officer or employee who owns, directly or Indirectly, an Interest of five (5) percent or more of the Caterer's organization or any of its branches or affiliates or parent company. FFY 2014-2015 16 3, All permits, Inspections, licenses and insurance must be In full force at the time the contract Is executed and throughout the term of the contract. Failure to maintain any of these required Items shall result In immediate termination of the Caterer, The Caterer will not be permitted to supply catered meals for CCFP reimbursement until all required permits, inspections, licensure and Insurance are in full force. M. independent Caggeity of Padies: In the performance of this contract, It Is agreed between the parties that each party, 1. Is an Independent party to this contract; 2. Is solely liable for the performance of all tasks contemplated by this contract; 3. And Its officers, agents, employees or assignees in performance of this contract, shall act in an independent capacity and not as an officer, employee, or agent of the Department; and 4. Shall not represent to others that It has the authority to bind the Department in any way or fashion, N. Conflict of Interest. Each party shall be responsible for ensuring that no conflict of interest exists In the execution and administration of this contract, 1, The Institution shall maintain a written code of standards of conduct which shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by CCFP payments, No employee, officer or agent of the grantee shall participate In .selection, or In the award or administration of a contract supported by the CCFP if a conflict of Interest, real or apparent, would occur. 2, Any Institution and its responsible principals and responsible Individuals Shall be subject to termination and disqualification from the CCFP if a conflict of Interest exists in the Institution's procurement or execution of a catering contract, 3. The Caterer is prohibited from having afinancial or other interest in the Institution served under this contract, 4. The Institution is prohibited from having a financial or other interest in the Caterer serving the Institution or its sponsored centers, 5, The parties are required to complete Attachments 8 and 9 Conflict of Interest Questionnaires as part of the execution of'this contract. These records shall be maintained in the Institution's contract file and shall be subject to review during CCFP site visits -for the purpose of confirming that a conflict of Interest has riot been recorded or allowed to exist, 6. Any contract found with an existence of a conflict shall be void from Its inception and the contract shall be re -negotiated, Meals provided under such voided contract may be disallowed and repayment to the CCFP demanded. 0. Void If Disq Hied:: This contract shall become null and void as of the date of the event listed should the 1. Caterer be disqualified pursuant to Rule 64Fwl 7.004 F.A.C., if the Caterer falls to: a, Meet the requirements of the contract; b. Continue to comply with the requirements for entering Into the contract, c. Remain in good standing on the CCFP Caterer List with the Department; or d. Meet the standards set forth in its applicable licensure requirements, regardless of whether such violations of Its licensure laws and rules result In discipline by the appilooble regulatory authority, 2. Institution or facility be disqualified from participation In the CCFP; or 3, Caterer is suspended, disbarred or other wise prohibited from accepting government contracts or government funding pursuant to 7 CFR §3017, r-FY2014-2016 17 P. Enforceability' This contract shall have no force or effect unless the: 1. Caterer is listed with the Department pursuant to Rule 13417-17,004, Florida Administrative Code (F.A.C,) before the date of contract execution and the Caterer maintains all permits, Inspections, and licenses In good standing throughout the term of the contract. 2, Institution or facility is approved to participate In the CCFP, Q. —Defatit: Failure to perform according to the terms of this contract shall be cause to find the defaulting party in breach with the following consequences; 1. If a Caterer is found In default of this contract such finding may result In: a, The Caterer being required to pay all re -procurement costs; b, The Caterer's name being'removed from the CCFP Caterer List; and r,. Prohibiting all Institutions or facilities participating In the CCFP from receiving further reimbursement for any meals delivered Linder a contract with the caterer. 2, If an Institution is found in default of this contract such finding may result in: a. The issuance of a Notice of Serious Deficiency to the Institution requiring timely corrective action; or b. The Department denying reimbursement for catered meals for that Institution; or c. The Institution's disqualification from the CCFP for a period of at least seven years and entry on the National Disqualified List, R. Engy EQIlcy gj2d Conservation Act P.L. 94-1§3): Parties to this contract shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy efficiency conservation plan Issued In compliance with P.L. 94- 163. S. Buy A-morican. Reguirement: 1. Partlesto this contract shall comply with Public Law 100-237 whenever possible and purchase only food products that are produced in the United States. 2. The parties are permitted exceptions to the "Buy American" requirement under the following conditions: & The recipients or intended consumers of catered meals have demonstrated a unusual or ethnic food preferences that can only be met through purchases of products not produced in the United States; b, Products required for the preparation of catered meals are not produced or manufactured in the United States in sufficient and reasonable available quantities of a satisfactory quality; or c. The cost of the domestically produced food product that Would be used In a catered meal Is significantly higher than that of the foreign product. T. Minority Participatin, Institutions shall take affirmative steps to ensure that small businesses, minority-owned businesses and women's business enterprises are used whenever possible. Affirmative steps shall include the following* 1. Including qualified small businesses, minority-owned businesses and women's business enterprises on solicitation lists; FFY2014-2015 13 2. Assuring that small businesses, minority-owned businesses and women's businesses are solicited whenever they are potential sources; 3. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small business, minority-owned business and women's business participation; 4. Where the requirement permits, establishing delivery schedules which will encourage participation by small businesses, minority-owned businesses and women's businesses; 6, Using the services and assistance of the Small Business Administration and the Department of Commerce's Minority Business Development Agency in the solicitation and utilization of small businesses, minority-owned firms and women's business enterprises. U. ggMal Efflployment Oppodu_n1b(_' Parties to this contract shall comply with Executive Order (E.O.) 11246, "Equal Employment Qpportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract compliance Programs, Equal Employment Opportunity, Department of Labor." V. Mqndatory Provisions, 'The Florida Department of Health has established certain requirements with respect to contracts. The use of "shall" "must' or "will' (except to indicate simple futurity) In this contract Indicates a requirement or condition from which a material deviation may not be waived the Florida Department of Health. The words "should" or "may" in this contract indicate desirable attributes or conditions that are permissive in nature and may be waived by mutual contract and with the approval of such change by the Department. W. Ex: cutio_0 of Contract; The contract shall be typed or printed in ink. Erasable ink shall not be used In preparation of any agreed terms. All corrections made to this contract shall be initialed. X. Cost of Contract Preparation: The Caterer, by its affirmative act of providing a quotation or bid for this contract, acknowledges that the Caterer is solely responsible for any costs the Caterer incurred in responding to this contract. Y. Certificate of Indej?endenj Price DetLrrqlnatIpn. Attachment 12, Certificate of Independent Price Determination must be completed by the Caterer and Institution (or facility) when utilizing formal competitive bid procedures and included with this contract, Z Clean Air and Federal Water Pollutlon QontrolAct: Contracts in excess of $100,000 must comply with all applicable standards, orders or regulations Issued pursuant to the Clean Air Act (42 U3.0. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C.. 1251 et seq.). Violations shall be reported to the Department of Health and the Regional Office of the Environmental Protection Agency (EPA), Fallure to comply constitutes an Inability to fulfill the terms of the contract. AA. Byrd Anti -Lobbying Amendment: Contracts of $100,000 or more must include certification from the Caterer that they will not and have not used CCFP (Federal appropriated) funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of o member of congress in connection with this contract pursuant to Title 31 United States Code §1352. PPY2014-2016 19 If. The Caterer Agrees to-, A. Regulatory CoLnglianag', The Caterer agrees that this contract shall be governed by, and construed to be consistent with, all federal and state regulations applicable to the CUP established under 7 CFR § 226, 3016, 3017, 3019, 3021 and FNS Financial Management Instruction 796-2, Revision 3 as such regulations may apply and be amended from time to time, B. Preference for Drug -Free Workplace: The Caterer Must make a good faith effort to maintain a Drug -Free Workplace (DFW).. The Institution reserves the right to request from the Caterer the method used to maintain a DFW prior to contract award as outlined In 7 CFR § 3021, 0. Authorltv to Contract: By execution of this contract the Caterer asserts and attests that the Caterer: 1. Is authorized to enter into the contract; 2. Is not suspended, debarred or otherwise prohibited from entering into the contract under the terms of 7 CFR § 3017; and 3. Shall notify the Institution immediately if the Caterer or Its principals are suspended, disbarred or otherwise prohibited from performing under this contract. D. ggpervislon and Inspection Reguirements. The Caterer shall: 1. Provide management supervision at all times and maintain constant quality control inspections to check for portion size, quality of products, time and temperature, appearance and packaging; 2. Maintain a valid state or federal food service license; and 3. Submit copies of the applicable state or federal regulatory inspections and current license annually to the Department, as may be requested, E., Meal reggirepient% preparation, packaging and delivery: Meals shall be prepared and delivered daily in accordance with all quotation or bid specifications and attachments regarding this contract as specified on attachments 1 through 7 to this contract, The Caterer shall accept delivery site additions and deletions upon written notice from the Institution at least seven calendar days prior to the date of delivery, The Delivery Schedule, Attachment 6, or other written notice must be used to add or delete facilities, 1. Meal Requirements'. The Caterer shall: a, Provide menu Items which meet the nutritional requirements specified by the Child Care Food Program Meal Pattern for Children, Attachment I Included in this contract. b. Not make changes or substitutions to the cycle menu on which the contract was based, Attachment 2, Cycle Menu. a. Provide foods that meet the Minimum Food Specifications as stated In Attachment 3, 2. Meal Preparation Requirements: 'The Caterer shall: a. Prepare and deliver meals according to CCFP Food Safety and Sanitation Requirements and other governing food safety and sanitation requirements, b, Ensure that all potentially hazardous food for this contract shall be kept at safe temperatures, 41°F or below and 136OF or above, except during necessary periods of preparation, c. Not assemble meals more than 24 hours prior to delivery. d. Ensure meals for this contract are delivered at safe temperatures: FFY 2014-2016 20 (1) All cold foods must be hold and delivered at or below 41 OF, (2) All hot foods must be held and delivered at or above 135°F. e. Date and hold a sample of each meal at a temperature of 41 OF or below for a period of three days from the date and time of delivery of that same meal as a controlled sample. 3, Meal Packaging Requirements: a. In accordance with Attachment 5, Meal Services to be Provided, the Caterer shall ensure that: (1) Any product or substance that comes Into contact with food, including but not limited to products used to package, contain or serve food shall meet federal food safety standards, including but not limited to 21 USC §348(h)(6), and instructions or regulations Issued by the United States Food and Drug Administration, (2) All cold foods are packed suitably In accordance with local health standards. Container and overlay must have an airtight closure, be of nontoxic material, and be capable of maintaining internal temperatures of cold food at 41°F or below, (3) All hot foods are packed suitably in accordance with state health standards. Container and overlay must have an airtight closure, be of non-toxic material, and be capable of maintaining internal temperatures of hot food at 135°F or above. (4) Containers must be closed and maintain an airtight closure or sea) until opened at the Institution's destination, b, Each container (bulk or carton with unitized meals) shall be labeled. Each label or other form shall include: (1) Caterer's name and address; (2) Food Item and number of portions by age group (Le. ages 1-6 and 6-12; portions for ages 11- 5 based on meal pattern portion sizes for ages 3-6); (3) Serving size information by cups, ounces, and individual pieces; and (4) Date of production. 4. Meal Delivery Requirements: a. The Caterer shall: (1) Be responsible for delivery of all food and dairy products at the specified time and location according to Attachment 5, Meal Services to be Provided and Attachment 6, Delivery Schedule, (2) Provide personnel to deliver meals daily, unload and place in the designated Institution or facility at the specified location(s) and time(s) listed in Attachment 6, Delivery Schedule. (3) Provide adequate refrigeration and heating in clean vehicles during delivery of all food and dairy products to ensure the wholesomeness of -food at delivery is in accordance with State and local health codes. (4) Provide the -exact number of meals ordered and any damaged or Incomplete meals shall not be included when the number of delivered meals is determined by the Institution or facility. (5) Inform the Institution or facility In writing at least two weeks in advance of any non- emergency closure, including holidays. b. The Caterer shall; (1) Provide daily delivery tickets with meal delivery. Delivery tickets must: (a) Show name of Institution or facility; be Itemized to show the number of meals of each type, the individual meal components for each meal type and age group, and the date and time of delivery. Delivery tickets shall be prepared In multiple copies as required. (b) Be typed or printed in Ink on company letterhead. Use of erasable ink is not permitted. FFY2014-2015 211 (c) Include when delivering to an Institution or facility, a minimum of two copies to provide one copy of the delivery ticket for the Caterer and a duplicate of that delivery ticket for the Institution or facility, (d) Include when delivering to a sponsored facility, a minimum of three copies to provide one copy of the delivery ticket for the Caterer, a duplicate for the sponsoring Institution and a duplicate of that same delivery ticket for the facility. (e) Include the name of the individual making the delivery and the name of the Institution's or facility's representative accepting delivery of the meals.. Such names In addition to signature shall be clearly printed on the delivery ticket. Failure to clearly identify required names may result In disallowance of meals delivered under this contract. (f) All corrections made by the Caterer and/or the Institution or facility must be initialed F. A§sjgnment and Subcontrapq= The obligations of this contract shall not be assigned, The Caterer shall not subcontract meals provided under the terms of this contract. G. Access to Caterer Site, The Caterer shall permit employees of the Institution or facility, designated program officials of the Florida Department of Health, the Florida Department of Law Enforcement, and U.S, Department of Agriculture access to: 1. Inspect the Caterer's preparation site prior to execution of contract; and 2. Be present during preparation and delivery of meals, without prior notice at any time during the contract period. H. Access to Records: The Caterer shall maintain documentation pertaining to this contract and this documentation shall be available for the current contract period and three subsequent years from the termination date of this contract or until all outstanding issues are resolved of any audits for inspection and audits by representatives of the Florida Department of Health; the Florida Department of Law Enforcement; U.S. Department of Agriculture; and Florida Department of Financial Services, Division of Public Assistance Fraud, These records shall Include* I. Purchase orders, invoices from food distributors, and production records 2. Delivery records and meal change form confirmations 3, Temperature logs for storage, cooking and holding of potentially hazardous foods, and transportation to the Institution or facility 4. Invoices to the Institution or facility 5. Notices of Non-pdyment 6. Records necessary to comply with federal and State laws and regulations 7. All state and federal tax records associated with this contract 8, The contract and all addendums or changes 1. Repayment for DlsalloWpgd. Meals, The Catoror shall reimburse the Institution or facility for the contract amount for all claimed meals denied by the CCFP If. 1. The Institution provides the Caterer written notice within one year of the delivery of the denied meals and the CCFP formal denial of reimbursement-, and FFY2014-2016 22 2, The CCFP denial of reimbursement Is the direct result of the Caterer's failure to comply with the meal requirements of this contract, J. Indemnification and Contract lasurgoce Requirement: 1, The Caterer shall secure and maintain, at Its expense and for the duration of this contract and any renewals, liability Insurance to specifically protect itself and Indemnify, save and hold harmless the Institution and facility(s) and its officers, agents and employees against any and all actions, suits, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by any person, firm or entity arising out of or in connection with the use, service operation, or performance of work under the terms of this contract, resulting In whole or In part from the negligent acts or omissions of the Caterer, or any of the employees, agents, or representatives of the Caterer. a. The Caterer will defend any action or actions filed In connection with any said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b, The Caterer shall promptly pay any judgment rendered against the Institution or their officers, agents and employees for any such claims or liabilities arising out of or In connection with the negligent performance of or failure to perform such work, operations or activities of the Caterer herein under; and the Caterer agrees to save and hold the Institution and facility and/or their officers, agents and employees harmless there from; c. In the event the Institution and facility or its officers, agents and employees is/are made party to any action or proceeding filed or prosecuted against the Caterer for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of the Caterer hereunder, the Caterer agrees to pay to the Institution and facility and/or its officers, agents and employees any and all costs and expenses Incurred by the Institution and facility and/or their officers, agents and employees in such action or proceeding Including but not limited to, legal costs and attorneys' fees, 2. The Caterer shall deliver the written notification and a Certificate of Coverage to the Institution and facility of Insurance coverage: a. At the time this contract and any contract renewal is executed; b. Within 5 business days of any change In insurance or terms of Insurance. 3, The Caterer's -failure to maintain the minimum levels of insurance coverage described in this contract in force during the term of this contract shall be grounds for the Institution to declare the Caterer In default of the contract and Immediately terminate the contract for failure to perform, 4. The following levels of insurance are required to be in force under the terms of this contract throughout the entire term of this and any renewal of this contract: a. Worker's Compensation in accordance with applicable state laws and regulations and Employer's Liability Insurance with a limit of not less than $100,000.00; b, Comprehensive General Liability Insurance covering all operations and services under the contract with limits of bodily injury and property damage coverage of not less than $500,000,00 combined single limit issued on a per occurrence basis; and o, Comprehensive Automobile Liability Insurance, including owned, non -owned and hired vehicle coverage of not loss than $300,000,00 combined single limit, issued on a per occurrence basis. K. Conflict of Interest: Complete the Caterer Conflict of Interest Questionnaire and provide the completed questionnaire to the Institution as part of the complete contract Submission. This record Is a required prerequisite to the execution of the contract, FFY2014-2015 23 IIL The Institution or Facility Agrees to: A, Receiving Caterer_Meals: It is the responsibility of the Institution or facility to ensure the meals delivered meet contract requirements and are properly maintained and stored until served. Prior to signing a delivery ticket, the Institution or facility staff must: 1. Verify the number of meals ordered and menu items. Any damaged or incomplete meals shall not be accepted and will not be included when the number of delivered meals Is determined. 2. Verify cold foods are delivered at or below 41°F. Any cold foods delivered at or above 42OF will not be accepted. 3, Verify hot foods are delivered at or above 135°F, Any hot foods delivered at or below 1349E will not be accepted, 4, Follow CCFP Food Safety and Sanitation Requirements and other governing food safety and sanitation requirements. 3, Payment Lo the Caterer: The Institution or facility must make prompt and complete payment to the Caterer within 5 days of receiving CCFP reimbursement for the corresponding claim month. C. Mogi Order Qhang9s:, The Institution or facility shall be entitled to change the number of meals ordered, The Institution or facility must: 1. Complete a Catered Meal Order Change Form, Attachment 10; 2. Fax or scan and email to the Caterer by 5:00 p.m. 2 days prior to the scheduled delivery; 3. Notify the Caterer In writing at least two weeks in adwance,of any non -emergency closure, Including holidays; and 4. Receive confirmation from the Caterer regarding changes in number of meals ordered. D. CCFP Catered Ment RecordLs. The Institution or facility shall maintain books and records pertaining to this contract and such records shall be available for a period of three years from the date of submission of the final claim for reimbursement or until the final resolution of any audits for inspection and audit by representatives of the Florida Department of Health; the Florida Department of Law Enforcement; U.S. Department of Agriculture; and Florida Department of Financial Services, Division of, Public Assistance Fraud. These records shall include: 1. Documents to support award of this contract 2. The contract and all addendums or changes 3. Delivery records and meal change form confirmations 4. Invoices and proof of payments to Caterer 5. All other documentation to support meals claimed FFY 2014-201.5 24 IV. List of Attachments: Incorporated and Adopted by Reference into the Terms and Conditions of This Contract: Attachment 1 — Child Care Food Program Meal Pattern for Children and Additional CUP Meal Pattern Requirements for Children Attachment 2 — Institution's Chosen Cycle Menu (A, B, or C; or no pork or no peanut versions of A, B, and C; or a kosher menu) Attachment 3 — Minimum Food Specifications and Exhibit A — Grains/Breads Requirement for Child Care Food Program Attachment 4 — Child Care Food Program "Boxed Lunches" Menus Attachment 6 — Meal Services to be Provided Attachment 6 — Delivery Schedule Attachment 7 — Price Schedule Attachment 8 — Institution Conflict of Interest Questionnaire Attachment 9 — Caterer Conflict of Interest Questionnaire Attachment 10 — Catered Meal Order Change Form Attachment 11 — Bidder Acknowledgement Form Attachment 12 - Certificate of Independent Price Determination FFY2014-2015 Remainder of page intentionally left blank. 25 I have been advised to seek legal counsel before signing this CCFP Standard Catering Contract. I have read and agree to the statements and terins In this contract. By this signature, I/we warrant and affirm that we have no financial Interest in the Institution or facility. Should such financial :Interest be later found, this contract and all reimbursement under It shall be refundable to the CUP from the date such financial Interest existed. FOR CATERER, inal Signature of Authorized Caterer Representative and Accepting Responsibility in the name of the Caterer Printed Name of Authorized Caterer Representative Title Dated LAR- 6ELLEE Company Name M Slgnature,PYWithess to Caterer Name of Witness to Caterer q- 0-- (5 Dated I have been advised to seek legal counsel before signing this CCFP Standard Catering Contract. I have read and agree to the statements and terms In this contract By this signature, Vwe warrant and affirm that we have no financial Interest In the Caterer. Should such financial Interest be later found, this contract and all reimbursement under It shall be refundable to the CUP from the date such financial interest existed. All required CUP review and approval of the terms of this contract have been obtained In advance of final execution of this contract. FOR INS TITUMNIPA CILITY. *Original Signature of Authorized institution/facility Representative and Accepting Responsibility in the name of the Institution/facility Printed Name of AuthorIzed,Institution1facility Representative Title Dated Organization Name and CCFPAuthorization No. ATTEST: Original Signature of Witness to institution/facility Printed Name of Witness to Institution/facility Dated *(Upon execution of this contract, the Institutiorilfacility remains responsible for ensuring that all meals claimed for reimbursement from the CCFP meet all regulatory requirements. FPY2014-2016 26 /Attachment I Child Care Food Program Meal Pattern for Children Children age one and older participating in the Child Care Food Program, must be served at least the total minimum amount of food authorized per meal as stated below In order to qualify for reimbursement. Child Meal Pattern Age roupand 6ervingSipe, 1 and 2 3-6 6 -'12 Food Components., olds; year olds: year olds; Milk"' —,year Fluid milk 1/2 cup LUP VeWtW�-I;s and —FrultO re- Voget-able(s) and/or frult(a) or 1/4 cup 1/2 cup 112 cup 00 pull -siren gthyegetable or fruit juice' 1/4 cup 112 cue 1/2 cup Bread or 1/2 slice 112 slice 1 slice Cornbread, biscuits., rolls, muffins, etc, or 1/2 serving 1/2 serving I serving Cold dry cereal`' or 1/4 cup or 1/3 oz, 1/3 cup or 1/2 oz. 3/4 cup or I oz. Cooked cereal grains or 1/4 cup 114 cup 1/2 cup Cooked pasta or noodle products 1/4 cup 114 cup 1/2 cup Milk" Fluid milk 1/2 cul?. $14 cup 1 cup 10 Vegetables and Fruits%lo - Vegetable(s), nd/or fruit(s), 2 or more _2 114 total .99-11 I cu total Grains/Breads'," Bread or cornbread, broad, biscuits, rolls, muffins, etc, or 1/2 slice serving 112 slice 1/2 serving I slice I serving Cooked pasta or noodle products or 1/4 cup 1/4 cup 1/2 cup Cooked ceroal_Lrains 114 cup 114 cup 1/2 cup Meat and Meat Alf&n8teS---Tr- T Q r. 9 0 Lean meat or poultry or fishO or 1 oz. 1 1/2 oz. 2 oz, M P. Alternate protein products0 or 1 oz, 11/2 oz, 2 oz, cheese or I oz. 1 1/2 oz, 2 oz, o Egg (large) or 112 egg 314 egg 1 egg Cooked dry beans or peas or 1/4 cup 318 cup 1/2 cup Peanut butter or goynut butter or other nut/seed butters or 2 Tbsp, 3 Thsp, 4 Tbsp. Peanuts or soynuts or tree nuts or seoclO or 1/2 oz, = 50% 3/4 oz. = 60% 1 oz. - 50% Yogurt, plain orflavored, unsweetened or I sweetened 4 oz, or 112 cue 6 oz. or 3/4 cup 8oz, orl cup Note., Milk must be served with each breakfast, lunch and supper meal. Between a child's first and second birthday, serving whole milk is strongly recommended. After the child's second birthday, it Is required that lowfat or fat free milk be served. To encourage adequate calcium Intake, lowfat flavored milk can be served. Conversions; "YA cup = 4 fl, oz. I pint = 2 cups cup = 6,1`1, oz. 1 quart = 2 pints - 4 cups cup = 8 fl. oz. I gallon = 4. quarts = 16 cups r-FY2014-2015 Attachment Ii (0onti_%nu d) CCFP Meal Pattern for Children Child Meal Paftern Age Group and So ving Size; I and 2 3-5 Food Components. year olds, year olds: year Olds. Milk" Fluid milk 1/2 cup 1/2 cup I cup Vegetables and Fruits' Vegetable(s) and/or frult(s) or 112 cup 1/2 cup 3/4 Cup Full-strength vegetable or fruit juice2 112 cup 1122 cup 3/4 cup 10 Grains/Sreads3l o Bread or 1/2 slice 1/2 slice I slice Cornbread, biscuits, rolls, muffins, etc. or 1/2 serving 1/2 serving I serving 14 or Cold dry cerea 1/4 cup or 1/3 oz, 1/3 cup or '1J2 oz, 3/4 cup or 1 oz, Cooked cereal grains or 1/4 cup 1/4 cup 1/2 cup Cooked faasta or noodle products 1/4 cup 1/4 cup 1/2 cur) Meat and Meat Alternates" Lean meat or poultry or fish" or 112 oz, 1/2 oz. 1 oz. Alternate protein produotso or 112 oz, 1/2 oz. I oz, cheese or 1/2 oz. 1/2 oz. 1 oz, Egg (large) or 1/2 egg 1/2 egg 1/2 egg Cooked dry beans or peas or 1/8 cup 1/8 cup 1/4 cup Peanut butter or soynut butter or other nut or seed butters or I Tbsp, I Tbsp. 2 Tbsp, Peanuts or soynuts or tree nuts or seeds or 1/2 oz, 1/2 oz, 1 !oz, Yogurt, plain or flavored, unsweetened or 1 sweetened 1 2 oz, or 1/4.cuR_ 2 oz, or 114 cup 1 4 oz, or 112 cup I 1, Children age 12 and up may be served larger portion sizes based on the greater food needs of older boys and girls, but must be served the minimum quantities specified for children ages 6-12. 2. Vegetable or fruit juice must be full-strength, pasteurized and 100% juice, Unless orange or grapefrultjulce, it must also be fortified with 100% or more of Vitamin C. 3. Bread, paste or noodle products, and cereal grains, must be whole grain or enriched; cornbread, biscuits, rolls, muffins, etc., must be made with whole grain or enriched meal or flour; cereal must be whole grain or enriched or fortified. Prepackaged grain/bread products must have enriched flour or meal or whole grain as the first Ingredient, 4. Cold dry cereal can be measured by volume (cup) or weight (ounces) whichever is less. 5, The -serving size for lean meat, poultry or fish Is the edible portion as served. B. Alternate protein products must be equal to at least 80% of the protein quality of milk (casein) determined by the Protein Digestibility Corrected Amino Acid Score (PDCAAS) and Must contain at least 18% protein by weight when fully hydrated or formulated, 7. At snack, select at least two different food components. JLJIGO must not be served when milk Is served as the only other component, 8. At lunch and supper, serve two or more kinds of vogetobles(s) and/or frult(s) or a combination of both. Full- strength vegetable or fruit juice must not be. counted to meet more than one-half of this requirement. 9, At lunch and supper, no more than 60% of the meat/meat alternate requirement can be met With nuts or seeds, Nuts or seeds must be combined with another meat/meat alternate to fulfill the requirement. For purpose of determining combinations, I ounce of nuts or seeds is equal to I ounce of cooked lean meat, poultry, or fish. 10. Servings can be an equal amount of any combination of this component. Note: Less than 1/8 cup of fruit or vegetables Is not creditable. 11, After the child's first birthday and prior to the second birthday, serving whole milk is strongly recommended. After the child's second birthday, It is required that lowfat or fnt free milk be served, Fr -Y2014-2016 8tachment 1 (ContlnueM Additional Food Component Requirements _FluldiVrilk. J * After the child's first birthday and prior to the second birthday, serving whole milk is strongly recommended. * After the child's second birthday, lowfat (I%) or fat free milk must be served. Vegetable or fruit or Lu_1raw 0 Vegetable or fruit juice must be full-strength, pasteurized and 100% juice, Unless orange or grapefruit juice, It must also be fortified with 100% or more of Vitamin C. 0 Fruit juice must not be served more then once a day. 0 Fresh, frozen or canned vegetables and/or fruits must be served at least twice a week on the breakfast menu and twice a week on the snack menu. Please note: For those centers that claim two snacks and one meal, instead of two meals and one snack, fresh, frozen or canned vegetables and/or fruits must be served at least twice a week at �La_qh snack time. Good vitamin A sources must be served a minimum of twice L9 week and must come from vegetables and fruits. Good vitamin C sources must be served daily and must come from vegetables and fruits or fruit Juice. Less than 1/8 cup of vegetables and fruits may not be counted to meet the vegetable/fruit component, Grams/brei dw • Grain/bread food must be whole -grain, enriched, or made from whole -grain or enriched meal or flour. Bran and germ are counted as enriched or whole -grain meals or flours. Cornmeal, corn flour, and corn grits must be designated as whole or enriched to be creditable. • Only ready -to -eat breakfast cereals containing 10 grams of sugar or less per serving as stated on the Nutrition Facts label are allowed. Cereals with more than 10 grams of sugar per serving cannot be considered sweet g ral n/bread 'foods, • Sweet grain/bread foods must be whole grain or made with enriched flour or meal and may be credited as a bread serving at breakfast and snack only. Prepackaged grain/bread products must have enriched flour or meal or whole grains as the first ingredient listed on the package. • No more than two sweet grain/broad breakfast items and no more than two sweet grain/bread snack items may be served per wee j (not to exceed four sweet items pgr —week). Please note* Regardless of how many different types of snacks you offer (i.e. morning snack, afternoon snack, and evening snack) — your CCFP menu must not contain more than two sweet grain/bread snack items per week. Me_ator meat alternate, • Commercially processed combination foods (convenience entrees — frozen or canned) must have a CN label or manufacturer's analysis sheet stating the food component contribution to the meal pattern. • A serving of cooked dry beans or peas may count as a vegetable or as a meat alternate, but not as both components In the same meal. "Please note that donated foods cannot be used to contribute to the meal pattern requirements" FFY 2014-2016 Attachment 2 Cycle Menu Institution must remove blank page and Insert Cycle Menu of choice (A, B, or C; no pork or no peanut version of A, B, or C; or Kosher menu) — pages Iv-vlII FFY 2014-2015 N -Ail E= Lom =5 Refer to the Child Care Food Program Meal Pattern -for Children when planning pardon sizes for age groups specified in this contract - Milk must be served with every breakfast lunch and supper meal. Milk must be served with snack when indicated. Between a child's first and second birtbday, whole milk is strongly recommended- After age 2, it is required that to fat (11/6) or fat free milk be served_ WeekOne 1 Monday Tuesday Wednesday Thursday Friday Pears Apple Slices Orange Juice Banana re Bakfast Pineapple Tidbits Sausage Biscuit Haney Nut Scooters Cinnamon Raisin Bagel Bran Flakes Cereal Whole Wheat French 11 Toast Milk Cereal Cream Cheese Banana Muffin Sy -7p Milk Milk Milk -r Milk Lasa -g na (vAth Ground Tacos (vitth so-,, whofe Grain Tortilla, Turkey, Ham Turkey or Beef) 1' sere. = I Yz 0z mt[mt Black Beans Chicken, Gr Bee5f I sere. =1 oz- mthrit aft L 'Whole. Wheat Roll alt and I brd. for 1-5 yr, I olds and 2 oz- rntfint aft (3/8 c ages 1-5 and Yz c ages & -12) Breaded Fish 1 and I brd, Lunch/ Swterlmargarine iGreen I and I brd. for 6-12 yr. Rice Ktchup Shredded Cheese (i o7n,i Beans olds- Whole, Wheat RoU Cornbread Shredded Lettuce and Supper Sweet Potatoes Italian Bread Butba-0margadne Broccoli Diced T ornato Applesauce T ossed Salad (Lettuce, Peas & Carrots Fresh Orange Slices Mild Salsa Milk Tomato, Cucumber) Peaches Milk Mexican Corn Lowlaf Ranch Dressing Milk Seasonal Fresh Fruit Fruit Salad (carftalcurpe, honeydevv Milk strawberrfes, or kwaterwel") Milk Snack Oatmeal Cookie Assorted Whole Grain Crackers Celery Sticks Pretzels (soft or thin) Fruit Cocktail Yogurt Milk Tuna Salad Peanut Butter Plain Gf raham Crackers Milk Flavored 4 az cup *Requires a Child Nutrmon(CN) Label. When a drink is not specifically listed with a snack, water is recommended as a beverage. (N*te. Water is NOT a creditable food item) Effective FFY 20,14-2115 Sero. = serving; rritlint aft = meattmeat afterriate; brd- = bread; ve-g- = vegetable iv Cycle Menu B (Continued) Refer to the Child Care Food Program Meal Pattern for Children when planning portion sizes for age groups specified in this contract. Milk must be served with every breakfast, lunch and supper meaL Milk must be served with snack when indicated. Between a child's first and second birthday, whole milk is strongly recommended. After age 2, it is required that lowtat (I %) or fiat free milk be served- 'WeekTwo Monday Tuesday Wednesday Thursday Friday Cinnamon Apples Whole Grain Raisin I I I Fresh Orange Wedges Seasonal Fresh Fruit Breas akft Mandarin Oranges Blended 100% Juice Whofe Grain English 1, cantaloupe, honeydew, Bread (I slice; Main, no f Cheerios C ereal Egg and Cheese Biscuit i Mufffn strawberries, or watermelon) iemg) Butterlmar ark'e g Milk Milk Kix Cereal Milk I Milk Milk Sliced Ham & Cheese Macaroni & Cheese Cheeseburger on Sandwich (whole grain bread) I sere = I Y2 oz. mtlrnt aft. Chicken Nuggets *Ravioli Whole Wheat Bun I sere, = 1 1/2 oz mtfm"t at - and I brd. for 1-5 yr. Olds; Barbecue Sauce Mvsfartl Lowfat Mayo, and I'brd. for 1-5 yr. Olds Lunch/ 2 oz� m&nt aft and I brd Whole Grain Roll Garlic Bread C-tatce) Keb--h up and 2 oz. mt(mt eL end I Supper orb -12 yr� Olds Broccoli RvIashed Potatoes Spinach Fruit Cocidall. Lettuce, Tomato, Pickle Bak�ed Sweet Potato brd- for 6-12 yr. Olds i Mustard, Lowlatmaya Black Eyed Peas Peas & Carrots Milk Fries f Lettuce, Tomato & Tropical Mixed Fruit M i lk- Banana Pickle Milk Milk Mixed Vegetables Pears Milk Peanut Butter & Jelly Sandwich (mote wheat Bread) Snack Plain Graham Crackers Whole Grain Muffin (At a minimum, I sand .= Animal Crackers Cheese Slice Milk Applesauce I Tbs. mtmt alt and I brdL. ibr 1-61"n Olds: 2 Milk Carrots Tbsp. mtrmt alt. .,d I brd Milk *Requires a Child Nutrition (CN) Label. When a drink is not specifically listed vVith a snack, water is recommended as a beverage. (Note: Water is NOT aeditable food item) Effective FFY 2014-2015 Senn. = serving- mf/rat alt = meatirneat alternate; brd. = bread; veg. = vegetable V Cycle Menu B (Continued) Refer to the Child Care Food Program Meal Pattern for Children when planning portion sizes for age groups specified in this contract. Milk must be served With everl, breakfast, lunch and supper meal. Milk must be served with snack when indicated. Between a child's first and second birthday, whole milk is strongly recommended. After age 2, it is required that lowfat (1 '346) or fat free milk be served, Week Three Monday Tuesday Wednesday Thursday Friday Mandarin Oranges Fruit Cocktail 1 Banana Seasonal Fresh Fruit Breakfast Crispy Rice Cereal Whole Grain English Cantaloupe Cubes Whole Gratn'Waffle (cantaloupe, hcnaydew, Whole Grain Muffin Muffin Peanut Buffer and Jelly Life Cereal Milk Syrup strawberries, or watermelon) Ham & Cheese Biscuit Milk Milk I I Milk Milk Spaghetti & Meat Turkey and Cheese Sauce (,Ath Ground Sandwich on Whole Turkey or Beef) 1 Sent. =1 1/2 oz. mvmt Barbecue Chicken Wheat Bread art. and I brd- for 1-5 yr. Sloppy Joe Brown Rice (At a rrintmum, I send, = olds and 2 o7— mt!mt alt *Fish Sticks Lunchl Whole Grain Bun Italian Green Beans 1 16 oz. mr1mt alt. and 1 and I brd. for 6-12 yr. Whole Grain Roll Supper Mixed Vegetables Tornato Slices brd. for 1-5 yr. olds; 2 oz- mt1mt alt and I brd for 6- olds Italian Bread Green Peas Peaches Milk Pears Milk 12 yr, olds) Lowftt Maya & Mustard Spinach Salad with Tropical Mixed Fruit Milk Chickpeas Bell Pepper Strips Fineapple Lawfat French Milk Dressin g Applesauce Milk Fresh Broccoli and Granola Bar t Assorted Whole Grain Apple Slices Cheese Slice Cauliflower Florets Snack Milk 1 Crackers Yogurt Soft Whole Wheat Cheese Sauce Orange Juice Flavored 4 oz cup Tordlia Cheese Crackers *Requires a Child Nutrition (CM) Label. When a drink is notspecftally listed with a snack, water is recommended as a beverage- (Note: water is NOT a credlitable food item) Effective FFY 2014-2015 Secy. = se.-Ang, mtfintt art = meat(meat alternate, brd- = bread; veg. = vegetable Vi Cycle Menu B (Continued) Refer to the Child Care Food Program Meat Pattern for Children when planning portion sizes for age groups specified in this contract. Wilk must be served with every breakfast, lunch and supper meal. Milk must be served with snack when indicated. Between a child's first and second birthday, whole milk is strongly recommended. After age 2, it is required that lowfat (15/6) or fat free milk be served. Week Four Monday Tuesday Wednesday Tbursday Friday Orange Juice Breakfast Wheat Chex Cereal Pears Orange Wedges Whole Wheat French Apple Slices Hash Brown Potatoes Whole Grain Raisin Blueberry Muffin Toast Whole Grain Bagel Egg & Cheese Biscuit Bread (plain. no icing) Milk s Peanut buffer and jelly Milk ,Rufferlmargarine Milkyrup Milk Milk Roast Pork (sliced or Turkey Tetrazzlni I sere. = 1 Y. oz, rntImt aft 'Beef and Bean Burrito Spinach Salad (Spinaach, Chicken and Vegetable Stir Fry Hamburger Patty with pulled) and 1 brei. for 1-5 yr. olds Cheese Lunch/ Biscuit and 2 oz. rntImt art, and I brd. for C-12 yr. olds Tornato, Cucumber) Low Ranch Dressing 1 sere. 1,2' oz. mt1m, aft. I and 1/4c veg. for I-5 yr. BY Supper Steamed Carrots WI-iole Wheat Roll Seasonal Fresh Fruit olds; 2 oz. mtimt- att. and Lettuce, Tomato, Pickle Mustard & Ketchup Lima Beans (cantaloupe, honeydew, % c veg- for 6-12 yr. olds Tropical Mixed Fruit Broccoli suswberdes� or watermelon) Brown Rice Baked Beans Milk Pineapple 1-idbits Milk Banana Fruit Salad Milk Milk Milk Whole Grain Fish Turkey (sliced) Snack Shaped Crackers Soft NbIfflo4e Wheat Hard Boiled Egg GreentRed Pepper Assorted Whole Grain (I sere. = 20 grams for all ) ort'llia (1!2 egg) Strips Crackers eges) Cheese Slice Saltine Crackers Bean Dip Applesauce Milk *Requires a Child Nutrition (CN) Labell. When a drink is not specifically listed with a snack, water is recommended as a beverage. (Note: Water is NOT a creditable food item) Effectfire FFY2014-2015 Serv, = serving; mflmt all. = rneaVrneat alternate; brd- = bread; veg- = vegetable vii Cycle Menu B (Continued) Refer to the Child Care Food Program Meat Pattern for Children when planning portion sizes for age groups specified in this contract: Milkmust be served with every breakfast, lunch and supper meal. Milk must be served with snack when indicated. Between a cftlld's first and second birthday, whole milk is strongly recommended. After age 2, it is required that lowfat (1 %) or fat free milk be served. *Requires a Child Nutrition (CN) Label. When a drink is not specifically listed with a snack, water is recommended as a beverage. (Note: Water is NOT a creditable food item} Ofective FFY 2014-2015 Serv. = servfng; rnt(mt aft = meatfrneat alternate; turd. = bread; veg- = vegetable Week Five Monday Tuesday Wednesday Thursday Friday Grape juice Applesauce Peaches Cantaloupe Cubes Banana Breakftst Shredded Wheat Cereal Cinnamon Toast (i slice; English Muffin Whole Wheat Toast Whole GrainWaitles Banana Bread vihole wheat bread)) Peanut buffer & if -41Y a Bufferhmargadne &Jefly syrup Milk Milk Milk l Scrambled Eggs Milk Milk Turkey Roast Black Eyed Peas *Salisbury Steak Gr-IV7 (3,18 cup forages 1-5; A '--Chicken Strips Gra Vy Cornbread *Pizza (Whole grain crust) Com Whole Wheat Roll cup fbr ages 6-12) Whole Wheat Soft Lunch/ fffSuffWmargadhe Macaroni & Cheese Tortilla Bufferlmargadhe Spinach Salad rspinach, Supper Mashed Potatoes i Roll Green Beans Winter Squash (acorn or bufternut) Tornato Cucm, ber) Mixed Vegetables I Broccoli Fruit Cookffail Green Peas L��f French Dmssing Peaches Pears T, Pineapple Tidbits Milk Appie Slices Milk ,Vhtk Milk ;Milk z Snack Vanilla Wafers Whole Grain Pita Bread Assorted Whole Grain Crackers Plain Graham Crackers Orange Slices Milk, Cheese Slice Fresh Broccoli Florets Yogurt Raisin Bread LovvfatRavch Pressing Flavored 4 oz cup (I slim; plain, no icing) *Requires a Child Nutrition (CN) Label. When a drink is not specifically listed with a snack, water is recommended as a beverage. (Note: Water is NOT a creditable food item} Ofective FFY 2014-2015 Serv. = servfng; rnt(mt aft = meatfrneat alternate; turd. = bread; veg- = vegetable Attachmenj 3 Minimum Food Specifications and Exhibit A — Grains/Breads Requirement The Caterer shall purchase and provide foods according to the following food specifications and Cycle Menu, Attachment 2. Contract price shall include price of'food (including condiments), milk, disposable meal service products, packaging, utensils, preparation and transportation. The Caterer shall not be paid for unauthorized menu changes, Incomplete meals, or meals not delivered within the specified delivery time period. The Caterer must ensure that meals are delivered in packaging suitable for maintaining meals In accordance with local health standards. Containers and overlays must have airtight closures, be of non- toxic material, and be capable of maintaining Internal temperatures of hot food at or above 135"F and cold foods at or below 419}.. Menu substitutions shall be made for emergency circumstances only and must be documented by the Caterer, The Caterer shall Inform the Institution or facility of menu substitutions prior to delivery. A designee(s) of the Institution or facility shall ensure adequacy of delivery and meals, and verify food temperatures, before signing the delivery ticket. Date and time of delivery shall be noted and any EgIA food product delivered at or above 42°F or any hist food product delivered at or below 1349E will not be accepted. The Caterer shall maintain records supported by delivery tickets, purchase orders, Invoices, production records for this contract or other evidence for inspection and reference to support payments, and claims. These records shall also include cooking temperature and holding temperature logs, storage and transportation temperature logs ofall foods catered to the Institution and/or facilities, –Must meet State and local standards for fluid milk. Must be pasteurized whole, or lowfat, or fat free, or cultured buttermilk. Must contain vitamins A and D at levels specified by the Food and Drug Administration. Note: Milk must be served with each breakfast, lunch and supper meal. Between child's first and second birthday, serving whole milk is strongly recommended. After the child's second birthday, it is required that lowfat or fat free milk be served. If necessary, lowfat flavored milk may be served. . . I I I I I I I I I I I I I I . Canned Frozen Fresh Bean, Dip Prepared, ready -to -oat, Prepared, ready -to -eat, (Variety, flavors) Must be from a USDA or Must be from a USDA or FDA Inspected plant, —bake—d, FDA inspected lant. Beans, Baked 1�o--an6, SOLICe ........ ..... ..... 31 containing brown I ZWYul - IN"K, ketchup and mustord _ggn.- H sauce. U.S. Grade A or Fgnqy ............ BeansjBlack U,8. Grade A or Fancy Beans, Garbanzo U.S. Grade A or Fanc Beans, Green Cut, 1'/2", 4 sieve, U,S, U.S. Grade A or Fancy U.S, No. 1 Grade A or Ian ev. Beans, Lima, U.S, Grade A or Fancy U.S, Grade A or Fancy U,S. No, 1 Beams, Rad Dark or light red, U,S, Grade A or Fancy, water packed, Br+ocacall FE Zvi Cut, U. 3. Grade A or U.S. No. 1 coil and U.S. Grade A, 50% Cauliflower . . . . . . . . . . . . - - - - - - - - - - - Broccoli, 50 % Cauliflower U3, No. 1 FFY2014-2015 ix • Manned Frozen Fresh Broccoli, Ready. = "' �' - Florets - 1" to 2'/" by 1 to to -use U.S. No. 1, USDA, TV Carrots Sliced or dicedy Sliced or diced Whole, U.S, No. 1 -U.S, Grade A, Fancy U.S. Grade A Carrots, ready. r ME,! , " Y s i Bnbv�cut 2" by 3/8" to to use X x11116 U.S. No. 1, Pram 7- r 7 t x'"' _ bx , USDA inspected plant. x: Sticks - 3 Y/" to 4" by to a r /z", U.S. No. 1, from USDA ,..... }„FS W G fyY ��! y Im' F~( S i e4 Y � ,��� �L_H✓iaa`R inspected plant arrot, Pineapple C A'i+.(RdX.e j {Cpy Raisin Salad s Yx rt Must be from a USDA ins ectad _plant, Cabby e _,. w �x� k U.S Na.1 Shredded - Green, l/16", Csrbba a Read ! > y F X t(J-ut3' r 4 xa tJ.S. No, 1, from USDA inspected plant. sNa P r ` x.. Salad mixmix -- Shredded Green shredded cabbage, i'J red cabbage and carrots mixed, f U.S. No, 1 frofrom USDA Inspected plant,. Cauliflower, F1 rets to 2 by 1 to 1 , heady -to -use Y �� 1'/7", U.S. No. 1, USDA, 44 s y QTVCeler U.S. extra No. 1 Sticks -'/„ by 4,1 U.5 No. Celery, Ready to 'E -T X usefrom USbA inspected plant ry .....,. Coleslaw Prepared -- salad gapk Must be from a USDA rn.r, �pected plant Corti Vacuum pack, whole kernel, golden sweet U.S. No. 1, with or without U.S. Grade A Midwest. U.S. Grade A or husk Banc Cora, Mexican U S Grade A or Fancy U.S. Grade A Cuournbers ={ Sim U.S. Na 1 Greens Chopped, U,S, Grade A or (Collard, Mustard or Chopped, U.S. Grade A U.S. No.1 Fancy Lettuce x x � iceberg head M 11.5. Grade `"ru. Nva. 1 r EE tt Romaine (or cas lettuce) x sy' U.S. Grade No. 1 .c,+rmx.r2;zr)n..+'nsR+u+u.u4Ya"`q^risuaxeV..+.-�.s-.x.: Ez.. axy.ac'i mi _ LPad, ltU1".1'P' ii4'c��il z u� r Cho -ed -- Medium, to -use iceberg, U.S, No, 1, from ri x USDA inspected plant n '^ x ' k s f r Salad mix - Chopped gr S iceberg lettuce and G x� romaine1 U.S. No. 1 from USDA inspected plant. FFY 2014-2015 a • Canned m Frozen Fresh Mixed U,S, Grade A or Fancy California Stvle - U.S, Vegetables ,. Grady A, broccoli outs, cauliflower florets, carrot nuts r x 5 Vegetable B end U.S x Grade A1 28% each corn x s and carrots, 17% eachr a peas, and beans, 10% f limas. kgK Italian Vegotablgs a U.S, Grade A, lQF slicedNK zucchini, cauliflower, carrot �. chunks, Italian green beans, lima beans and red Peppers F 4rlental Style- U.S. Grade {' A, French out green beans, v s r broccoli cuts, onion strips, sliced mushrooms, diced r kit red peppers Cut, U,S. Grade A or Fancy U,& No 1 Peas, Slack Eye Monarch or Clemson U,S. Grade 3 varieties, light skin with U.S, No. 1 �l�rk eye Peas Green U.S. Grade A or Fancy . U.S. Grade A U S No 1 Peas sand Carrots U,S. Grade A or Fancy, �T ' U3. Grade A, carrots shall y carrots small not comprise comprise less than s r less than 2a°!° by weightnot and peas shall not 25% by weight and peas x x comprise lass than 50% shall not comprise less z, than 50% by weight by weight T� Peppers, ers trrreri 1 ° }.�� `, :x�' ,�. > �-" �° � Red, Yellow, Whole or pre-cut, Julienne £, r fist Pickles, Dill Prime Quality, firm, plump strips and piniform in size out kx� r i f a length wase with koshertaste =� x `P ;£ Pickles, �3i11 1.15 Gr�ado B .....,,—.....e....., ....+,..1➢ aYi.vG 4�Y u.`.sjVi.,u f4 -,,R IP..4 4FWt,r 166'MF9112n J1 Lf" .°�' slices Pickles, Sweet US Grade 13, gross cuts or x ` 'x chip slices s r s xr Potatoes Whsle or sliced s U,S, Grade A Potatoes, French Especially made for oven - gg Fried Crinkle Made from cut, curls, or tipreparation. E USDA Grade AMusset shoestring potatoes, Not pre-fried,�r x� •' #, f u re a k t 5 Zero grams trans •fat per , serving, Potatoes, Canned instant mashed, Mashed pearl -style, made with vitamin C and milk r substitute Or Dehydrated Instant granules with fililk, Vitamin Cenriched ,FEY 2014-.2015 FFY 2014-2015 xl Canned Frozen Fresh Potatoes, Uniform coin, USIA Grade,, Natural-out k A, made from Musset wedge fries potatoes, Not pre-fried, zero a fi,r ...' ...---�.-..-.•-.••--....-,... :;{ :- =o. .ai sem+., x. - ,_ ..e,,�=-„ rams trans fat per serving.` Potatoes, New Whole or sliced, Roasted redskin chunks. U.S. No, 1 U.S. Grade A IQF, oven prep Potatoes, Patty Mash brown Oval patty, U.S. Grade A, oven ready, a , 4 r * x J serving must equal l cup or * r Z a jp vegetabla, Not pre® z g �v x w fried, zero grams trans fat x r r par serving. �x k USDA Grade A, Fater~ Tots, potatoes,A x t x Founds U � � � u ;� Gams, Vitamin C enriched. h�� x x `Not pre-fried zero grams k s r x '� � 1 ��✓"Av � WK v. - �, : ' 4A 4.�y( 7 ✓ � 142 k __ = �� .� x.x. trs fat aner serving,a Potatoes, Sweet U.S, Grade A in Llght Yam Fatties- packed in U.S, No.1 Syr USDA ns ected plant i Potatoes, Sweet, a� � 4 Uniform cuts, USDA Grady Fries A. Oven prep, not pre -fried,�t (straight out or Zero grams trans fat perye ,z crintcl) x r x -" serving_ r � Potatoes, Sweet, r� w Formed sweet potato W Rounds product (tater tot), oven r 1� r prep, not pre-fried, zero $ , x ..: r rams trans fat per serving Yt. . . P a u F'reeasaiarick� Potato Salads i5y be from a USDA r g Mild, oontaining all � .Must inspected plant Salsa vegetable w/ minor J .s' 'eT •'a, r M' x F' 4 amounts of spices. _ Spinach Chopped, Grade A or Chopped, U.S.. Grade A U,&No.1 Fano Squash, YQl�ow, Sliced, U.S, Grade A or _ Summer , U.S, No.1 Squash, Wintor r =Chopped Fane ry} or mashed, U,S. (Acorn or Butternut) .,:" U.S, Grade A or Fancy, Grade A or Fancy_ U.S. No,I Succotash U.S. Grade A, carrots shall carrots shall net comprise not comprise less than 25% less than 25% by weight by weight and peas shall not and peas steall net r comprise lass than 50% by comprise ions t n 50%o by � sr weight. ° x weirht. Throe Bean U.S. Grade A or Fancy, :w r s "F` r4 ' r. �' a � r"k r•� „r ^' ,±-c.�^n• Salad mixture of green beans, wax beans, and dark or s x xti light read beans marinated _ Tomatoes Whole, sliced, or crushed,RR U.S. Grade B or Extra M A h� R x U.S. No.1 Standard. t = k Tomato Sauce U.S. Grade 5-or Extra ,� rte.. Standard FFY 2014-2015 xl Fresh Blend of corn, carrots, onions and green beans formed into uniform "stick" shape, slightly coated with crunchy breading. 4 sticks are equivalent to'/ cup vegetable requirement. Not pre -fried, zero grams trans fat per Y ucca rM."o 0��_ Roots completely covered with Skinless, pre-cut bark -like skin, free from cracks, sliminess or mold, '2112 I Grade A or .8. U.S. No.1 Fancy Frozen Fresh Can"ned Apples t,S. Grade A, SI Iced, (All varieties) re ularaack In water, . . . . . . . . U , No, 1 Applesauce U.S. Grade A, Natural, Unsweetened, Apricot Halves U.S. Grade A, pa own juice or unsweetened fru It Octet B ananas Must be delivered to U ?"ItF Institution with even bright .,yellow . . . . . . . . . . ....... . . . color, un bruised Fruit Cocktail U,S. Grade B or U.S. . . . Choice, packed in own juice or unsweetened fruit WK .... . ...... Chilled — Florida Pack, Fruit Salad, M i. g -E 7aa—c R R eady-t 0 -serve packed in plants with 'RU 'g - continuous USDA Inspection, J'M r Salad to Include orange NJ sections, pineapple chunks, and grapefruit sections. N I., . . .. . . . . . . Gra pefrult not to exceed 50% Grapefruit .. .ELPsh- U No. I (All vurletles) Sectlons, U,S, Grade B, j Choice, Whole, packed In Chilled AN - , Sections, Florida own juice or unsweetened y Pack in light syrup. Sections fruit juice. packed under continuous _tt��poctlon, U.S. No. 1 u�aaZi 10- , Grapes seedless, red or -lived)g- whIt9,,, must be halved Juice, Ready-to� All juice must be 100% fruit or vegetable juice, USDA Inspected and pasteurized. All serve juice must be fortified with 100% or more of vitamin C unless It is orange or grapefruit (All varieties) juiceJuice must be delivered to the Institution read to serve. ;--ngwg !`.Ot , v mig-op gggv !.,, ",g -A g Mandarin Type I or 11, size C or D, no m1., 753'x'., ji Oranges sugar added, packed in "ffl own juice or unsweetened -M , M .E, fruit juiceF. .......... manufacturer Oranges Fresh U,Fancy _'_— o_ (All varieties) do Chilled- US Gra 117 rh Chilled A or Fa FYY 2014-2015 All FF Y.?U14-2015 xiv Canned Frozen Fresh Peaches U:S tirade B or U.S. � U.S. No.1 Choice, Halves or slices, u x '3. -2, Yellow, cling stone, packed in own juice or . unsweetened fruit j! ice, Pears U.S. Grade A, Bartlett, Halves or slices, packed �� ` m� R ' -I in own Juice or K fi U,S. No,1 unsweetened fruit juice. Pineapple U.S. Grade B packed In (Sliced, tidbits, cubes, own juice or unsweetened U.S. No. 1` or chunk) _ fruit nice, �s m . Sliced, Individuali•y Quick Plantains -- sweet, V�R(Maduros T x k Pozen, pre-cooked, oven Very ripe or green, ready to or tostanes not x x a ` & G ready. Not pre -fried, zero cook, sweet) rams trans fat per serving. Pr Unes y_ Dried, pitted, whale,, U,S, Grade A Small or Medium Tropical Mixed Fruit . a rash- U.S. U.S. Grade B carU,S. x Chilled Fireside Pack in light Choice, packed in own syrup orownjuice, Fruit to �' juice or unsweetened fruit ra ` Include papaya and mango, juice, packed under continuous s, b7 USDA inspection. Dried, seedless, mixed size U.S. Grade A Raisins Seasonal FresheREY t-, �.. "._. _� x l- "Full slip» stem Centa Fruit>„ r rw`h'' ' M.V end, free from lumps or soft x r x spots, r TTS � Har. 1eydewu - Symmetrical, by 2^ &i �' ' J 3'` 1� X - 4 � T. � C k•yZ' �' Kr s firm -not rock -hard, free from X r � w{ 1 ' lumps or soft spots. 1. /. ..% r.N Y A .'. M, Straw.uerries U.S. No, 1 y r u„ r'" x •s E.— .5, �- i F ... r s , ° Wtermel n With or z r �, `$x �' x' r. sx rx fr x without seeds, dull skin, no aF ,ay ( A flat sides, has hollow sound X Y F when tea )ed 4 , * s s_"N its a C YI- xl�'s r ¢4t ' Ab y 0 xr 7 x a c t i , }F R'.r } -,.; i •r i in tf r t a'"r'•,c. azAt rg', f're-packaged �:..'�??r�x'„„1TY 41/eet iter s: (Grain and Cereal Must have enriched flour or meal or whole grain as the first ingredient listed on the and Oranola Bars, package. Mutat be zero grams trails fat per serving. Cookies, Muffins, Quick Ready -to -Eat yto-Eat Must contain 10 grams of sugar or less per, serving as stated o�7 the Nutrition Facts Label, Cereals Product must be whole grain, enriched, or fortified, .Must be zero grains trans fat per serving, All tither _ Must meet Grain/Broad Requirement for COFP, Exhibit A. grain/bread Must be whole -grain, enriched, or made -from whole -grain or enriched meal or flour, Bran products and germ are credited in the same way as are enriched or whole grain meals or flours. Cornmeal, corn flour, and corn grits must be designated as whale or enriched to be cre�dltable Must be zeror� trans fat per serving Milli. },,-, s— dx 3''x 2� z .�i k.x^+ o tk ?3° A,t ka ^} i cfa E tr r:• g. t'lis v.t X�, 1 '$ ells L �r i, F ri ax5yr'.az aE - . a a R a k 3 n,, -i xtx ds. a ^u..� <^'. 31st a^ j ZS i�' �. Xi y ,t .dtuz'Lv._a:vauilwN_,i,Y`9;.6i`+n�tuGi�- (Breaded Frozen, fully cooked. ON Label required. Minimum 2.9 oz. patties to provide 1.5 oz. e ciuntry fried meat/meat alternate and 1 serving of broad for children ages 1-5. Minimum 3,88 oz, path ss patties to provide 2 oz, meat/meat alternate and 1 % serving of bread for children ages 6- 12. Ingredients, Ground beef not to exceed 30% fat, water, vegetable protein product, spices and seasonings. No dried wholes eggs or MSG allowed. Not pre -'Fried, zero grams trans fat per serving._. FF Y.?U14-2015 xiv TC. r° $i �'Fxr S k fk F Yc roti �c i 4i ,. y,�n}i9x.:z+9 N i °` - '� i k A . err ,,,., :? mss+-.s:: s `.A'''' j •'s� w �%ai�X,nT� a a" �S "i- k � ,,',,,, �"� $�' z...� ^f, r 5.?r F �x Beef, Canned Lean meat only, In juice. l" to 1" cubes, USDA Inspected. Cubed Beef, Ground beef ground, bulk, frozen; IMPS 136; 80:20 lean to fat ratio or less than 20% fat, Beef, fatties M ._..d Frozen, fully cooked, ON Label required, Minimum 1.95 oz, flamebroiled beef patty to provide 1.5 oz, meatlmeat alternate for children ages 1-5. Minimum 2,5 oz. flamebroiled beef patty to provide 2 oz. meat/meat alternate for children ages 6-12, Ingredients: Ground beef (not more than 3O%p fat), water, vegetable protein product, spices and T seasonings. No driest whole eggs or MSG allowed. Beef, Salisbury Frozen, fully cooked. ON Label required. Minimum 2.14 oz. patty to provide 2 oz, patties meat/meat alternate. ingredienta: Ground beef (not more than 30% fat), water, vegetable protein product, spices and seasonings, No dried whole eggs or MSG allowed. Not pre-fried, zero grams trans fat per serving, Beef, Shoulder USDA Grade good 12-14)b. Roasts. Frozen, The shoulder clod roast is the same as Clod Roast the IMPS 114 except that the shoulder (cutaneous muscle) shall be removed when the underlying fat must be trimmed to comply with the surface fat thickness requirements. The heavy tendons at the elbow end of the cold shall be trimmed even with the lean and all sides shall be trimmed so that the clod Is not less than 1 ° thick at any.point. When smaller toasts are specified, the thick end of the clod shall be made Into one roast and the thin end shall be split length-wise, the ands reversed and the boned surfaces placed together to produce a uniformly thick roast. These roasts shall be held intact b t Ing girthwlse, IMPS ltem #144A. Beef, for Strewing USDA Standard Grade, IMPS 135A. Gutting with electric saw will be permitted. Meat with dark discoloration, all bones, cartilage, back strap, exposed large blood vessels, heavy connective tissue and the pre-scapular lymph gland shall be removed. The thick tendinous ends of the shank shall be removed by cutting back until a cross sectional cut shows at least 75%n lean. Not less than 75%, by weight, of the diced pieces shall be of a size which is equivalent of not less than a % inch cube or not more than a 1 %" cube and no individual surface of these pieces shall exceed 2 %° in length. This item is the same as IMPS 135 Diced Beef except that the surface or seam fat of the boneless meat prior to dicing shall not exceed A" in any thickness at any one point. In addition, the fat content of the boneless meat determined visually shall not exceed 20%. Container to rovidq proper labeling and identification and USL11 )nspeotion Stamp, Choose Processed T American, U.S. Standard Grade, (Cubed, loaf, stick, Cheddar ... U.S. Grade A. shredded or sliced) Mozzarella —Low moisture, Part skim, 100%a natural cheese. Swiss — U.S Grade S Cheese, Cottage Pasteurized, plain — reduced fat, light, and fat free or dry curd. USDA Qualify A .roved. Cheese, Pimento Pasteurized process cheese spread. USDA duality Approved, 2 ox. = 1 oz. meat/meat alternate, Cheese, Sauce _ Canned, mild cheddar, USDA Quality Approved, 3 oz. = 1 oz. meat/meat alternate, 1 11 oz A Y2 oz meat/meat alternate. Chicken, _ Frozen, fully cooked, CN Label required. 3 oz, patty provides a 2 oz. meat/rneat Breaded petty alternate and 1 serving of bread, ingredients: Ground chicken, vegetable protein product, yi�lcss and seasonings , tN � MSG :allowed, Not pre-fried, Zero grams trans fat per serving. Chicken, 8 :Piece Raw individually quick frozen, ice glazed, cleaned and ready tIo! cook, hand out from Cut USDA inspected grade A fryers, Portions shall be cut from 2Y2 to 3 1/ pound fryers, without giblets or necks. Average portion weight 4.5 oz. packaged in heavy-duty poly bags inside legibly labeled heavy duty master cartons. Average cases weight 27 pounds. 96 portions or cases. Chicken, Raw individually quick frozen, ice glazed, clean and ready to cook, hand out from USDA Drumsticks inspected grade A fryers, Raw portion weight 3.7 oz, plus or minus 1/ oz. Packaged in 4_-heavy.duty polybags inside legibly labeled heavy-duty master cartons. ,FFY 2014-2095 xv Meat/ Mea � f� i '."'S'^n7"4',"^S aC""X. �+^.^ ^ f .. � cr^m..4K^rt'y,i.•.. t�t^.""r .'"`.'�."T..�YM�.�' S ! C i- S (. .r.e s ,. rs ort 3c a r r x,Y.i' k suas'u2 '—[f✓"h. >rk"{.'z^'r f F Chicken, Frozen, fully cooked, CN Label required, Minimum five 0.60 oz, nuggets to provide 2 Nuggets oz, meat/meat alternate and 1 serving bread, Not pre -fried, zero ,granas trans fat per serving, Ingredients: Ground chicken, vegetable protein product, spices and seasonings. No MSG allowed, The Caterer must inform the Institution of appropriate serving sizes for 1.5 T ear olds (4 nu ets 6-12 year olds (�.nu ts). Chicken, Strips .and Frozen, fully cooked. CN Label required. Chicken strips are breaded with enriched flour and made from USDA inspected chicken. Bight strips equal 2 oz, meat/meat alternate ;and 0.76 bread components per portion, Packed 3/5 pound bags per cases, Not pre -fried, zero grams trans fat per serving., Approximately 680 strips per 15 pound cases. The Caterer must Inform the institution of appropriate serving sixes for ages 'Chicken, 1-"a (6„_rstr�s)and ales 6.12 (8 stripe,. Thighs Raw, individually quick frozen, ice grazed, cleaned and ready to coot, hand cut from (No back) USDA Inspected Grade A fryers Raw portion weight 4 1 oz, plus or minus%z pz. _ Packgod in heavy duty poly bags inslde legibly labeled heavy duty master cartons, Chicken, Whole Raw frozen, ice glazed, cleaned and ready to cook, USIA Inspected grade A broilers, fryers, or hens, Average portion weight 6-8 Ib, Packaged in heavy duty poly bags inside legibly labeled 'heavy-duty master cartons, n Eggs USDA inspected Grade A or better,100% candied, Eggs may be raw In shell, fully cooked whole eggs, frozen diced or broken homogenized and pasteurized, Fish, Tuna Canned Chunk, light, in water, dolphin safe, Fish, Whiting 3,6 oz, squares pre-cooked, breaded (for oven use only), not pre -fried, zero grams Portion trans fat per serving, USDO Grade "N'71.3% fish flesh. No minced, To provide 2 oz. of meat and 1 serving of bread. USDC continuous Government Inspection with USI9G „Seal on each box CN Label required....., Fish, Wftiiting Pre -cocked, breaded (for oven use only) 64.2% fish flesh, not pre -fried, zero grams ,ticks trans fat per serving, To provide 0.6 oz, of meat and 0,5 serving of bread, No minced. USDC Grade A, USDC continuous Inspection with USDC Seal on each box. Four one ounce sticks per portion, CN Label required. 160/one oz, sticks per 10# box, The Caterer must Inform the institution of appropriate serving sixes for ages 1-5 (3 sticks) and a es 6.12 4 sticks), Peanut Butter W.... Y US Grade A, smooth, Pork, Breaded _ Fully cooked, breaded, not pre -fried, zero grams trans fat per serving, CN Label panty required, Minimum 2.83 oz, patty to provide 1.5 oz, meat/meat alternate and 1 serving of bread for children ages 1-5. Minimum 3.75 oz. patty to provide 2 oz. meat/meat alternate and IXserving of bread for children ages 6-12. Ingredients; Ground pork (not to exceed Zai% fat), water, vegetable protein product, spices and seasonings. Breading not to exceed 30%. No dried whole eggs or MSG allowed, Pork, Ham Lean, bonoless oured pressed, skinless -- Fully -cooked, Moist heat, Pullman, approximately 4 %" square, Must be fully cooked, sectioned and formed, USDA Inspected and stamped, IMPS 9508, Srnolte — Short Shank, Skinned Boned, tolled and Tied. (Cured and Smoked). 1 -lam Is the same as Ham, Skinless, completely boneless IMPS #505, except that the ham shall not be encased in an artificial casing, The boneless ham shall be rolled and string tied, . mm m mRaw, fat btuff I�1 i>Incic�rs, fillers or soy_a!lowed. Minimum 94% lean. 'r Glc, Rc�a #. relsh or frozen,or butt, center loin, or blade -end. U.S. Grade No, 1, less than 1" backfat thickness, Pork, Sausage Patty, Link or Market Style. Lightly seasoned and or flavored, No artificial casings. Total fat content not to exceed 20%. FFY 2014.2015 xv meat/meat' x- Turkey, Breast Dell-style, whole muscle, roasted/fully cooked, boneless, skinless, minimum 96% fat free, may be smoked. Turkey, Ground Made from USDA inspected turkeys, 100% turkey meat, no binders or fillers, minimum 86%n lean. Turkey, Roast Frozen, raw, USDA Grade A. Boneless, 60/40 whiteldark ratio, wrapped In natural skin, netted. 8-10 lb, each. Turkey, Sausage Frozen, ready to cook, Prepared from 100% ground turkey, which is derived from turkey carcasses In good condition. No TVP or fillers. Seasoned and formed to dive traditional sausage taste and appearance. Cannot exceed 17% fat. Turkey, Slices Fully cooked. Made with no doss than 60% white meat, no skin added, no binders, fillers or soy allowed. Must be less than 10%a fat. Turke illlhal Young Tom Eviscerated 16 lb. and over. USDA Grade A, Veggle Burger Hamburger Style Classic, frozen, 2.5 oz, fully cooked Hamburger Style Classic Carden burger — all vegetable. Provides 2 oz. equivalent meat alternate for Child Nutrition Meal Pattern Requirements. ON Label required � �.m.. Yogurt Low fiat or fat-free, Plain, flavored, sweetened or unsweetened - commercially re ared. 4 oz cups �frl,', "i. yrYg,a?ir -. __. c�,=..�,•,k, s ,Pg;%���,.x_?:'S.ru�^x �D .C, ru�v++vw,.�s-+`f"...��.��., b K....k �:r.,,.... ;.c.'- Rti£ fiU, f.,, e ?a �P . .. r..::+irr."? „ : a^� , 1r.� Combination main dish food items must be made from a standardized recipe. A standardized recipe gives the number of servings, serving size, and minimum meal contribution, Ingredients in these dishes must meet or exceed the minimum specifications on previous pages. The Caterer must Inform the Institution of the appropriate serving size. Nate. Purchased, pro-prepared products must have a CN label stating the serving size and areal contribution per serving with the exception oftuna salad. The Caterer must inform the Institution of the appropriate serving size for CN Labeled products. Pizza, Breakfast Egg and hpm/bacon - Frozen, 50/50 part ,skim mozzarella cheeselcheese substitute blend, to provide 1 serving grain/broad, 1 oz, meat/meat alternate. ON Label required, Zero grams trans fat per serving. Sausage and T'✓P product — Frozen, 50/550 part skim mozzarella cheese/cheese substitute blend, with rod sauce, to provide 1 serving grain/bread, 1 oz. meat/meat alternate ON Label required. Zero grams trans fat mozzarella Frozen pizza sii6k, dough filled with low moisture, part-skim mozzarella cheese and Cheese whole substitute cheese, topped with shredded cheese. Each stick provides 1 serving Grain Pizza Stick graln/bread, 1 oz. meat/meat alternate. CN Label required. Primary source of flour is to be whelp wheat, 2 sticks recluITO per ,child„ Zero grams tras facer serving. , v .... Pizza, Wedge or Frozen cheese, or pepperoni, or sausage, Low-moisture, part skim mozzarella cheese Rectangle with 8" wedge or 4" x 6" rectangle, to provide 2 servings drain/bread, 2 oz. meat/meat Whole Grain alternate, 1/8 cup vegetable. ON Label required. Primary source of flour Is to be whole T_ wheat, Zero grams trans fat per serving_ Ravioll Meat or cheese ravioli in tomato sauce, ravloli to provide 2 oz, meat/meat alternate. ON Label re wire TZero grams trails. father serving, Sandwiches Must provide the minimum amount of meat/meat alternate and bread/grain per serving (Midnight/Cuban, for children ages 1-5 and ages 6-12 as specified by the Child Care Food Program Meal Ham and Pattern for Children, Attachment 2. (Children age / and 2 shall receive the same cheese, Turkey minimum meal pattern amounts as children age 3-5.) and cheese., Nate: The Caterer must deliver sandwiches pre-assembled (rant in separate, bulk Tuna Salad) food containers) to Institutions, unless requested otherwise by the Institution. Condhnonts naay ba seat separately_.......... __� FFY 2014 2015 xvii .gains/Breads Re uilrei lenit for Child Care F2od Program Refer to A Gulde to Croditing Foods regarding criteria for determining acceptable Grains/Breads and minimum serving sizes. Exhibit A -- Grains/Breads for the Food Based Alternatives on the Child Nutrition Programs' Urdu iA Minimum Serving Size for Group A Bread Type Coating 1 serving 20 gm or 0.7 oz. Broad Sticks (hard) %serving M 15 gm or 0,5 oz, Chow Mein Noodles %, serving 10 gm or 0.4 oz. Crackers (saltines and snack crackers) '/ serving 6 gm or 0,2 oz. Croutons Pretzels (hard) Stuffing (dry) note: weights apply to bread in stuffing Group 8 Minimum serving Size for Group B Bagels 1 serving 26 gm or 0.9 oz, Better Type Coating V4 serving = 19 gm or -0-7 oz. Biscuits Y2 serving = 13 gm or 0.6 oz, Breads (white, wheat, whole wheat, French, Y4 serving 6 gm or 0.2 oz, Italian) Buns (hamburger and hot dog) Crackers (graham crackers - all shapes, animal crackers) Egg Roll Skins, Won Ton Wrappers English Muffins Pita Bread (white, wheat, whole wheat) Pizza Crust Pretzels (soft) Rolls (white, wheat, whole wheat, potato) Tortillas (wheat or corn) Tortilla Chips (enriched or whole grain) Taco Shells Group C Minimum Serving Sizes for Group C Cookies(plain) 1 serving = 31 gm or 1,1 oz, Cornbread Y4 serving = 23 gin or 0.8 oz. Corn Muffins 1/2 serving m 16 gm or 0.6 oz. Croissants 'A serving z:: 8 gm or 0,3 oz, Pancakes Pie Crust (dessert pies, fruit turnovers, and meat meat/altemate pies) Waffles 1. Some of the following foods or their accompaniments may contain more sugar, salt and/or fat than others. This ,should be a consideration when deciding how often to serve them. 4 Allowed only for supplements (snacks) sorvod under the COM 3, Allowed only for supplements (snacks) served tinder the CCFP anti for breakfasts served Linder the OUR 4. Refer to program regulations for the appropriate serving size for snacks and meals served to children ages I through 6 in the CUR Drealdest cereals aro traditionally served as a brealifast item but may be Served in meats other than lxeakfo6t, Note; Cornmeal and corn flour and products using cornmeal and corn flour such as tortillas, tortilla chips, taco shells, cornbread, and corn muffins must Include the words "whole" or "enriched" on the product label. F1 --Y 2014-2015 Xviii Exhibit A Continued Group D Minimum Serving Sizo for Group D Doughnuts(cake and yeast raised, unfrosted) I serving 50 gm or 1.8 oz. Granola Bars' (plain) '114 serving = 38 gm or U oz. Muffins/Quick Breads (all except corn) 1/2 serving 26 gm or 0.9 oz, Sweet Roll (unfrosted) Y4 serving = 13 gm or 0.5 oz, Toaster Pastry3 (unfrosted) Group 15 Minimum Serving Size for Group E Cookies ' (with nuts, raisins, chocolate pieces, I serving 63 gm or 2.2 oz. and/or fruit purees) 3/4 serving m 47 gm or 1.7 oz. Doughnuts (cake and yeast raised, frosted, or 'Y2 serving 31 gm or 1.1 oz, glazed) '1 serving 16 gm or 0.6 oz, French Toast Grain Fruit Bars3 Granola Bars3 (with nuts, raisins, chocolate pieces, and/or fruit) Sweet Rolls3 (frosted) Toaster Pastry (frosted). Group IF Minimum Serving Size for Group F Cake' (plain, unfrosted) I serving 75 gm or 2.7 oz, 3/4 Coffee CaW serving 56 gm or 2.0 oz, 'Y? serving 38 gm or 1.3 oz, 1/4 serving 19 gm or 03 oz. Group 0 Minimum Serving Size for Gr66p G Brownies' (plain) I serving = 115 gm or 4 oz, CAW (all varieties, frosted) Y4 serving = 86 gm or 3 oz. Y2 serving = 58 gm or 2 oz. 1/4 serving= 29,qrn or I oz. Group.H._ Minimum Serving Size for Group H Barley I serving cup cooked (or 25 gm Breakfast Coreals4 (cooked) dry) Bulgur or Cracked Wheat Macaroni (all shapes) Noodles (all varieties) Pasta (all shapes) Ravioli (noodle only) Rice (enriched white or brown) Group I Minimum Servin-q Size for ,Group) Ready to eat breakfast Gerea14 (cold, dry) _____1jAqYrIU =34.9qpoz, whichever Is less _�� A�J_ 1, some of the following foods or their accompaninionts may contain more sugar, salt and/or fat than others, This should be a consideration when deciding how often to serve them. 2, Allowed only for supplements (snacks) served under the QGFP. 3, Allowed only for supplements (snacks) sorved under tho GGFP and for breakfasts served under the CUP, 4. Refer to program raguletions for (110 appropriate serving size for snacks and meals served to children ages I through 6 In the CGFP. Breakfast cereals are traditionally served as a breakfast Item but may be served In meals other than broakfost. Note: Only ready -to -eat breakfast cereals with 10 grams of sugar or less per serving as stated on the Nutrition Facts label on the cereal box are allowed under the CCFP, FFY 2014-2016 Ax ,"Itachment 4 VU Below are five "box lunch" menus when requested by the Institution -for field trips; the menus shall be rotated. FFY 2014.2015 xx Peanut butter and jelly sandwich Yogurt Carrot sticks Apple wedges Menu One Milk (I Tbap. peanut butter plus 4, oz. yogurt = 1-5 year old mt/mt aft. requirement; I Tbsp. peanut butter plus 6 oz. yogurt = 6-12 year old mt/mt alt. or 2 Tbap. peanut butter plus 4 oz, yogurt = 6.12 year old mVmt aft.) Chicken pita (1 oz. chopped boneless chicken, M! oz. cheddar cheese and'/ cup lettuce in whole wheat pita pocket — Increase cheese to I oz for 0-12 year olds) Menu Two Seasonal fresh fruit Celery sticks 100% whole grain or 100% multi -grain tortilla chips Milk Turkey and cheese sandwich on whole wheat bread Menu Three Mayo/mustard Sliced cucumber and tomato Mixed fruit cup Milk Ham and cheese sandwich on whole wheat bread Menu Four Mayo/mustard Carrot and celery sticks Orange wedges Milk Tuna salad on bun Broccoli florets Menu Five Sliced peaches Pretzels Milk FFY 2014.2015 xx PIVIRachment 5 1) The Institution must select meal types and how food Items shall be delivered by checking the appropriate boxes. Note: Breakfast, Lunch and Supper must Include milk, Snack may Include milk according to cycle menu selected, Breakfast Lunch/Supper 0 Snack sulk Bulk 13 Bulk Unitized Unitized 0 Unitized 2) The Institution must select milk type(s) and size(s) of milk contalner(s) to be delivered, Note; Between a child's first and second birthday, whole milk should be served. Aftgr gchild's second bIrthday, lowLat or fat free mllk, is requir d, Note: Contract price must Include the price ofmilk to be included with program meals. The Caterer must charge separately should additional milk be requested by the Institution outside the scope of this contract. Lowfat (1%) Q Gallon [3 Half -gallon Ell Individual 8 oz. carton§,.., 13 Other: j Fat free (skim) EM Gallon E3 Half -gallon Individual 8 oz. carton4... Other:L. Lowfat or fat free flavored milk R Gallon ,[3 Half -gallon 13 Individual 8 oz. carton,, . Q1 Other: �_i Maximum number of children age one.,1 =5(child CaRl Whole EM Gallon E3 Half -gallon Individual 8 oz, Other:L. 3) The Institution Must check below If the Caterer shall deliver sandwich foods in bulk or pre -assembled. The Institution or facility must be authorized to assemble sandwiches onsito and have adequate storage space to hold sandwiches at proper temperatures, 13 Bulk, Prefer the Caterer to deliver Pre assembled, Prefer the Caterer to deliver sandwich foods separately In bulk. sandwiches pro -made. 4) 'rho Institution must check below if the Caterer shall suppJy disposable meal service proampts. Note; See nalnImum paper product specifications below. Note. Contract price must Include the price of disposable meal service products when the "yes" box below Is checked, The Caterer may charge separately should additional quantities of disposable meal service products be requested by the institution outside the scope of this contract. Yes, Caterer must supply disposable meal [3 No, Caterer not required to supply disposable meal service products, service products, Minimum Disposable Meal Service Products: 0 8 oz. papercold cup 0 9,11m, 3 -compartment, white, un- * 12X1.3, 1 ply, white, 114 fold 0 10 oz. paper cold cup laminated foam or plastic plate napkins 4 8 oz. foam cup 0 '10.26 In., 3 -compartment, white, un- e Medium weight, plastic forks 0 10 oz. foam cup laminated foam or plastic plate 0 Medium weight, plastic spoons 9 oz. soft plastic, translucent cup 0 4 oz. or 8 oz. foam container 0 Individually wrapped plastic 10 oz, soft plastic, translucent cup 11 6 oz,, white,, Impact bowl straws 5) The Institution must chock below If the Caterer shall supply with each delivery, clea1i serviLig 9jqpft(see_§0 ps and/or ladles and/or medsuring-serving spoons of standard sizes, disposable or stainless) to ensure appropriate serving size of foods as specified by the Child Care Food Program Meal Pattern for Children, Attachment 2 and the Cycle Menu, Attachment 3, MI Yes, Caterer must supply serving utensils E3 No, Caterer not required to supply serving utensils. r -FY 2014-2015 XXI Affachmgent 6 Delivery Schedule To be completed by the Institution (in ink and retain copy) prior to execution of the Standard Catering Contract and provided to the Caterer. (Make additional copies if needed.) Note; The InstRuti-ion must delete or add facilities at least one week prior to the required date of service. The Delivery Schedule or other written notice must be used to add or delete f-acilifles, Institution or Facility ITelephone Address N. 0. Contact Person I Type of mi -ear & EStifnated Total No. Desired Delivery Time(s) Needed Per Day ton Park Day Care 3 NE 61 St sit StMiami, iami, FL 33137 St, 5-759-3507 hilsUnie L ong EIF , L-, AS0 -4 -2040 0:00 AM on City Day Care NE 58fh Street, Miami, FL 33137 5-759-3518 aria Arvelo -10, L-20, AS -23 1 0.30 AM ooze Park Day Care [6.5 NX36th Street, Miami, FL 33127, 05-960-5177 aterie Jackson B-20, L-20AS-20 AS AM *B = Breakfast, L = Lunch, 8 = Supper, MS = Morning Snack, AS = Altemoon Snack, ES =e=vening ing Snack FFY 2014-2015 X)(ji Attachment 6 Delivery Schedule To be completed by the Institution (in ink and retain copy) prior to execution of the Standard Catering Contract and proAded 'TO the Caterer (Makeadditonal copies if needed.) Note: The Institution must delete or add facififfies at least one week prior to the required date of service. The Delivery Schedule or other written notice must be used to add or delete facilities. 1B = Bpeak%sy., L = Lunch, S = Supper, MS = Morning Snack, AS = Afternoon Snack, IES = Evening Snaok FFY 2014-201-5 xxii T Telephone Type Of M, -al* & Desired Institution or Facility Address No. Contact Person Estimated Total No. Dernrery Time(s) Needed Per Day PArmbrister 0 Grand Avenue (33133) 2 0376 ert Scott 'Snack- 4th 17-00 PM - 2:aO PM Lena Wendell nack - 15 2.00 PM - 2-00 PM IF 1[ 11• Vista 300 NXAf 2nd Avenue C63127) ac,5-and 0:00 AM - L"oral Gate X35 SW 32nd Avenue 05-960�-Si 30 flena Fakes nark -5i 12.00 PM uses 901 NW 24th Avenue (33125) 05-634-4961 3 le Quintana 11nack 43 0:00 A'1-12 -00 PM L05 =Lj dd snack-75 10-30 AM - 12-30 PM orsey 17DI NW Ist Avenue {33136) 05-579-6940 die Gilbert Snack 'G,b, I NW 12th Street (33128) 05-960-4647 en Hanks nack - 35 OSOAM-12,30PM CO rapeland 550 NW 37th Avenue (33126) 015-960-2960 1"Hilda Garcia nark -6� AM -12:1)17 PM NW 50th Street , (33142) �305�-634-6791 ntavius Howell nark- 75 71:1717 Ahj -1:00 PIVI �Hiendia7n 50 �Mf 3x1 Street (331-26)' �Cr---57-5-501 0 obey De Ar Mas Hack - 25 11:30 AM - 1:30 PM 1B = Bpeak%sy., L = Lunch, S = Supper, MS = Morning Snack, AS = Afternoon Snack, IES = Evening Snaok FFY 2014-201-5 xxii Attachment 6 Delivery Schedule To be completed by the Institution (in Ink and retain copy) prior to execution of the Standard Catering Contract and provided to the Caterer. (Make addMonal copies if needed.) Note: The Institution must delete or add facilities at least one week prior to the required date of service. The Delivery Sciiedule or other Witten notice must be used to add or delete facilities. Institution or Facility Address Telephon Contact Person Type of Aftear & Desired NO. Estimated Total No. Delivery Time(s) Needed --Per Q,4y___ [Henry Reeves tOO NW I OthStreet (33136) -579-6970 05borah Chilsurn nack - 35 30.E , -12:30 PM 15 JE Mose Maui I SW 4th Street (33130) ck- 105 2:00 PM - 2:00 PM -515 05-960-2945 Sabrina Maftinez - ---------- 11 uan Pablo Duarte 0 NW 17th Avenue (33142) 05-635-2710 'i en, nan Mata nark- 65 1.-00 AM - 3:10 PM Inloch 55 KIVV47th Avenue M126) uan Nunez 2. 0 PM - 2--00 Pith 05-461-7203 [12 =j Foa F ]F uar 1— F Legion [447 NE 2nd Avenue (33138) 5-758-9027 im Sands nack- 75 12-00 PM -2-00 PM "tile Haiti NF_ 2nd Avenue (33138) 05-960-2933 , P atasha Jen1dris Lnar-k - 35 AM - 1:00 PM E - Ff . . . . . . ..... [30 APA - 11 E05-S79:-6�9:3 F, 4NM13rcr-Street (333 28) 4 o- erto Gonzalez nack- 24 30 AM-1230 LII-M-717, core 65 N%f 36th Street (33127) rone NVIller nIdK - 77 101, PM o F 05-795-1X34 1 rBayona M 50 0:00 AM - 12-00 PM orningside NE 55th Terrace (33127) Break hist, L = Lunch, S = Supper, IV18 = Morning Snack, AS = Afternoon Snack, ES = Evening Snack FFY2014-2015 w1i Attachment 6 Delivery Schedule To be completed by the Institution (in ink and retain copy) prior to execution of the Standard Catering Contract and provided to tie Caterer. (Make additional copies if needed.) Note; The Institution rn,ust delete or add facilities at least one week prior to the required date of service. The Delivery SchedulOdr other written notice must be used to add or delete facilities, Institution or Facility Address Telephone Type oi meal* & No. Contact Person EsUrnated TOW NO- Needed Per Day Desired Delivery Time(S) Mange 75 l 2n 5tr2et (3?, 150) 05 757-796' FI-ent Simmons nick- 51C 1:00 AM - 1.00 PM Fc, Kingh! Flag ler Terrace (33144) [12- OE 65-6484500 nark -45 45 2,30 PM - Z30 PM aerie until _trt rr Foberto Clum 01 NW 34th Street (33127) 05-960-2902 se Moran nack - So 1:30 AM -1 -80 PM fhenandoah 1800SAY 21stAvenue(33145) EO 59-2702 dina Diaz nark -120 1 --00 AAAI -1-.00 PM brick 255 Plaza Street (33133) icky Covington F I rn, nack, 60 2-00 PM - 2:W PM 1717 NW Sth Avenue (33136) 05-573-9553 bert Loket 1, E FO -b 1 0 0.30AM-121-.3 P7 -ml - ando flehiez Eest End 50 SW 60th Avenue 53144} -5-264-0341 ando Pelaez :DE 1, F 15nack- 110 ir---- -- *B = Breakfast L = Lunch, S = SUPPer, MS = Morning Seam k, AS = Afternoon Snack, ES = Evening Snack FFY2014-2015 WH Adtaghmerat 7 Price Schedule The Institution must complete columns 1 & 2 (in ink and renin copy) prior to obtaining prig quotes from selected caterers. Caterer must complete remainder of form and return with price quote by date and time specified by the Institution. Leman alt C►a are Cit of'Miam Ct 7t Name of Institution. � � � �` �' ; CCFP Authorization No.; ....� Attachment 3 Cycle MenuSelected (A, B, or G; no pork or no peanut version of A, B, or Q or kosher): 13 . ....... Estimated Total Estimated No. of Type of Meal No. of Meals per Serving Days Unit Price per Meal Total Price per Contract Specifications Da p p y per Year 1 2 o Breakfast (Ages 1»5*) ro 2s© 9 Breakfast (Ades 6-12) Lunch (Ages 1r5*) zQ 250 [� �`• s . Y Lunch (Ages 6-12) Supper (Ages 4.5*) Supper (Ages 6-12)j Morning Snack (Ages 1-5*) i - Morning Snack (Ages 6»12) 1. Afternoon Snack (Ages 1M5*) r k Afterntion Snack (Ages 6-12) Ml Evening ;snack (Ages 1-5) { Evening Snack (Ages 6-12) � "Boxed" Lunches (Ages 1-6) y ! "Boxed" Lunches (Ages 6-12) _. . F-7-31, . Note. "Boxed" lunches may be requested by the Institution for field trips. Institution must keep documentation of field trip and menu nerved. Grand Total *Ages 1-5 based on meal pattern portion sixes for ages 3-5. 5 By affixing my s1,gnature on th/.5 quote, l Hereby state that i have read all contract terms, conditions and speciflcations and agree to afi terms, and conditions, provislons, and specifications, 1 certify that i will provide and deliver to 1179 location(s) specified in the contact. Caterer Company Name., �✓�`-�'�.-� � Authorized Caterer representative; Name and Title: I,ArL fla, (Print or Type) FFY 2014-2016 Xkiii 31 a(,O/P0/-5 Attachment 7 Price Schedule The Institution must complete columns I & 2 (in Ink and retain copy) prior to obtaining price quotas from selected caterers. Caterer must complete remainder of form and return with price quote by date and time specified by the Instituffon. Eaton Park Day Care - City of Miami LO�7=6 Name of Institution: -J CCFP Authorization No.: Attachment 3 Cycle Menu Selected (A, S, or Q no pork or no peanut version ofA, 13, or 0; or kosher).' Type of Meal Estimated Total Estimated No. of Unit Price per No. of Meals per Serving Days Total Price per Contract Specifications Meal Day per Year 3 4 1 2 Breakfast (Ages 1-5*) 20 25 . . Breakfast {Ages,m12) fit Lunch (Ages 1-6*) 40 250 Lunch (Ages 6-12) O#g# Supper (Ages 1-6*) ",TIMM Supper (Ages 6-12) Morning Snack (Ages IZ*) Morning Snack (Ages,6-12) t#=V Afternoon Snack (Ages 1-5*) mom WTI 70 7 — 250 1 Afternoon Snack (Ages 6-12) Evening Snack .(Ages 1-5) Evening Snack (Ages 6.12) "Boxed" Lunches (Ages 1-6) MW "Boxed" Lunches (Ages 6-12) "Institution Note; "Boxed" lunches may be reqtiestWd-'myth' for field trips. Institution must keep documentation of field trip and menu served. Grand Total *Ages 1.5 based on meal pattern portion sizes for ages 3-6. 6 By affixing my signature on this quote, I hereby state that I have read all contract terms, condItlons and specifications and agree to all terms, and conditions, provisions, and speolfications. I certify that I will provide and deliver to the locaflon($) specified In the contract Caterer Company Name: d4 B�4,F-L Authorized Cnterer Reprosentat Name and Title. MR-- 5(�A or Type) FFY 2014-2015 Xxill 14,11ttaphMent Z Price Schedule The Institution must complete colurens 1& 2 (in Ink and retalh oppy) prior to obtaining price quotes from selected caterers. Caterer must complete remainder of form and return with price quote by date and time specified by the Institution. Name of Institution: Moore Park Day Care- Cltyof Miami CCFP Authorization No.: Attachment 3 Cycle Menu Selected (A, B, or C; no pork or no peanut version of A, 8, or Q or kosher): Estimated Total EstimatedNo, of Unit Price per Type of Meal No. of Mods per Serving Days Total Price per Contract Specifications Day per Year Meal Total 3 Breakfast (Ages 1-6*) 2- 70L .510 ----------- -- Breakfast (Ages 6-12) 20 Lunch (Ages "i-6*) 20 250 Lunch (Ages 6-12) Supper (Ages 1 -5*) Supper (Ages 0-12) Morning Snack (Ages 1-6*) Morning Snack (Ages 6-12) Aflemoon Snack (Ages 1-6*) 20 250 Afternoon Snack (Ages 6-12) J Evening Snack (Ages 1-6) 77 Evening Snack (Ages 6-12) "Boxed-Lunches(AC "Boxed" Lunches (Ages 6-12) -Note: "Boxed" lunches may be requested by file Institution for field trips. Institution must keep documentation of field trip and menu served, Grand Total *Ages 1-5 based on meal pattern portion sizes for ages 3.5. By affixing ray signature on this quote, I hereby stale that heave read a/I contract tennq, conditions and specifloations and agree to a// lorms, and conditions, provisions, and specifloations. l certify that I will provide and doliver to the location($) spociftedia the contract. Caterer Company Name: Authorized Caterer Representative: (Stijnaturo) fie Name and Title: (Print or Type) FFY2014-2015 xxill Attachment., Institution Conflict of Interest,Questionnaire The authorized Institution representative must complete this attachment, Yes No 1. Do you, your immediate family, or business partner have financial or other Interests In any of the potential Caterers? 2. Have gratuities, favors or anything of monetary value been offered to "3 L you or accepted by you from any of the potential Caterers? 3. Have you been employed by any of the potential Caterers within the lost 24 months? 4. Do you plan to obtain a financial Interest, eg, stock, in any of the Caterers? 13 IM 5. Do you plan to seek or accept future employment with any of the potential Caterers? El [M 6, Are there any other conditions which may cause a conflict of Interest? If you answered Yes to anexplanation of youry of the above questions, please provide a written a a answer. I declare that the above questions are answered truthfully and to the best of my knowledge, Signature of Authorized Institution Representative Date FPY 2014-29M xxiv Attachment 9 Caterer Conflict of Interest Questionnaire The authorized Caterer representative must complete this attachment, Yes No 1, Do you, your immediate family, or business partner have financial or other interests in the Institution of which you are submitting this contract? 0 2. Have gratuities, favors or anything of monetary value been offered to you or accepted by you from the Institution? 0 3, Have you been employed by the Institution within the last 24 months? 0 4. Do you plan to obtain a financial interest, e.g. stock, in the Institution? 0 5. Do you plan to seek or accept future employment with the Institution? El 6. Are there any other conditions which may cause a conflict of interest? 0 If you answered Yes to any of the above questions, please provide a written explanation of your answer, , I - I declare that the above questions are answered truthfully and to the best of my knowledgo. $IgMuro of Au-thorized Caterer Representative FFY 2014-2015 XXV Attachment TO When making changes to the number of catered meals ordered, the Institution must complete the meal change form below or one that Is substantially similar and fax to the Caterer by 6:00 p.m. two days prior to delivery. The Caterer will confirm the requested ohange(s) with areturn fax to the Institution. Please note: This form Is to be used for changing the number of meals ordered galL. Meal type must be based on the Initial or original contract Price Schedule. Institution Name: (CUP Authorization No.) Child Care FacilltyNarne-, Child Care Facility Address: Caterer Name: (Fax No. Authorized Institution Representative: (Signature) (Date) Maximum number of children age one., Caterer received date: Effective change date: FFY2014-216 xxvi -'—durrent Total Change Total No. Time Period -Meal Type No. of Meals of Meals Ordered Ordered per (Please deli nate "until further notice" or with To* Day specific dates) Breakfast (Ages 1-6) Breakfast (Ages 6.12) Lunch (Ages 1-6) Lunch (Ages 6-12) Supper (Ages 1-5) Supper (Ages 6-12) Morning Snack (Ages 1-5) Morning Snack (Ages 6-12) Afternoon Snack (Ages 1-6) Afternoon Snack (Ages 6-12) Evening Snack (Ages 1-6) Evening Snack (Ages 6-12) "Boxed" Lunches (Ages 1-6) "Boxed" Lunches (Ages 6-12) Maximum number of children age one., Caterer received date: Effective change date: FFY2014-216 xxvi Attachment 11 ig ie e o a City of Miami i 5-0576, A-238 4 .. (Dame of Instigation) (Authorization bio.) Purl atiaei 305.416-1949 I (Contact) _ (Phone No.) ulallalt Bids `i City of Miami - City Cleric (Street Address) 3500 Pan American Drive Miami, FL 33133 (Mailing Address) Wta15DAY, APRIL, 22,2C 2.'00 PIWi Bich Will Be Opened: w (Late) (Tiara) Bids will not be accepted after such date and time. Caterer'Name: J—(' (A t,L,L E L_ AC A� Caterer Mailing Address: (Street and mailing) wtbfN1,1 �r L Caterer � to ber, (Area Code and number, Include ) s� �t � 1p g, J � ✓ (�9 � l `� toll free If applloable) 1 certify that this bid Is made without prior understanding, agreement, or connection with any corporation, firm, or person submittingr a bid for the some materials, supplies or equipment, and is in all respects fair and without collusion or fraud, i agree to abide by all conditions of this hid and certify that I yam authorized to sign this bid for the Caterer and that tate Caterer is In compliance with gall requireraaents of the Invitation to Bid, including but not limited to, certification requirements. 61 on Er( � ;k) lc A e- Caterer Signature w .� . i�itle Me Mint flame and Title t*I-')' 2014.2096 Xxvil Ntachmnl-12 Certificate of Independent Price Determination Both the Institution or facility and the Caterer (bidder) shall execute this Certificate of Independent Price Determination. L=2 -J, Name of Institution Name of Caterer A. By submission of this offer, the bidder certifies and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this Invitation to Bid: I ) The prices in this offer have been arrived at Independently, without consultation, communication or agreement, 'For the purpose of restricting competition, as to any matter relating to such prices with any other bidder orwith any competitor; 2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening of this advertised bid directly or Indirectly to any other bidder or to any competitor; and 3) No attempt has been made or will be made by the bidder to induce any person or firm to submit or not to submit, en offer for the purpose of restricting competition, B, Each person signing this offer on behalf of the Caterer certifies that: 1) He or she is the per -son In the Caterer's organization responsible for the decision as to the prices being offered herein and has not participated, and Will not participate, in any action contrary to A.1) through A. 3) above; or 2) He or she is riot the person in the Caterer's organization responsible for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to A. 1) through A. 3) above, and as their agent does hereby so certify; and he or she has not participated, and will not pardolpate, in any action contrary to A.1) through A. 3) above. In accepting this offer,the Institution certifies that no representative of the Institution has taken any action which may have Jeopardized the Independence of the offer referred to above. A . Signature of Authorized -institution or faclifty Representative Title Date To the best of my knowledge, this Caterer, Its affiliates, subsidiaries, offlGers, directors and employees are not currently under Investigation by any governmental agency and have not in the last throe years been convicted or found Liable for any act prohibited by State or Federal law in any jurisdiction, Involving conspiracy or collusion with respect to bidding on any public contract. Caterer Representative Title Note. Accepting a bidder's offer does not constitute award of the contract. F'A'Y 2014-2015 xxvill