Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Contract with Mama Jennie's Italian Restaurant, Inc.
QSC �E MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Catering Services for Emergency and Special Events CONTRACT NO.: ITB 2019-052-WG EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from date of execution by the Mayor and City Clerk of the City of Miami Beach, and may be extended at the sole discretion of the City, through its City Manager, for two (2) additional (1) year terms. SUPERSEDES: CONTRACTOR(S): Mama Jennie's Italian Restaurant, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on January 16th, 2019, approving the award of this Contract, and upon execution thereof by the City and Mama Jennie's Italian Restaurant, Inc. a Florida Corporation (the"Contractor"). B. EFFECT - This Contract is entered into to provide for Catering Services for Emenrgency and Special Events, pursuant to City Invitation to Bid No. ITB 2019-052-WG and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accorda'hce with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2019-052-WG. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Juan Mestas /Fire Department Assistant Fire Chief at 305-673-7000 ext. 8440. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of. Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. ITB-2019-052-ND Catering Services for Emergency&Special Events Page 1 Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the.knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best.local and national standards. G. SERVICE EXCELLENCE STANDARDS— Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor ofthe City, Contractor 'will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES — Contractor acknowledges that the provisions of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute provides, in pertinent part, that a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids.on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under .a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. . INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. . Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES..- Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge ITB-2019-052-ND Catering Services for Emergency&Special Events Page 2 Page 3 Certification of Contract that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. ' K. NOTICES - Whenever either party,desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For .the present, the parties designate the following: For City: Juan Mestas City of Miami Beach Fire Department 2300 Pine Tree Drive Miami Beach, Florida 33140 Phone:305-673-7000 ext 8440 • Email: juanmestas(a�miamibeachfl.dov. With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Mama Jennie's Italian Restaurant, Inc. 11720 NE 2 Ave Miami, FL, 33161 Attn: Jennifer Berriel Office: 786-2298638 E-mail: mamajennies@gmail.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. I M. SEVERANCE = In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An ITB-2019-052-ND Catering Services for Emergency&Special Events Page 3 Page 4 Certification of Contract election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor.. P. INSURANCE & BONDS - This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. ORDER OF PRECEDENCE - The ITB and Contractor's bid in response thereto, are. attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. R. PURCHASE ORDER REQUIRED - Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Purchase Order. S. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and. understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited. to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. ITB-2019-052-ND Catering Services for Emergency&Special Events Page 4 1 i \ , Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have Accused this Certification of Contract to be signed and attested on this 12— day of 1t.14-0 e 20(\ by their respective duly authorized representatives. MAMA JENNIE'S ITALIAN RESTAURANT, INC. CITY OF MIAMI BEACH '. ------ ) i, By By 11:I:: lali -- '. )President/ Signature Jimm Mo ales, City Manager vv--t. _ tr lr i, - e-J( Print Name ATTE.ivST: ATTEST: / / . .- A.:41 _ , Ai f Secret,�•=ignature Rafael E. Gra ado, City Clerk ' O `S+ . -- ,A/ �Kal,i0 . : ,. `1 -f oraii Q: *Print Name - ' � °� l �ZaCte-P ,3 l l� = Date •.... `� •V,, .�f;, c`�.,a _/ ' ._,--c-,- '' APPROVED AS TO FORM &LANGUAGE ...,•01,1::, O;�pRY P�6,,, JOHN ZYNKO &FOR EXECUTION Notary Public-State of Florida "' Commission N FF 964747 .cp. 3,g iii Lot, ..� Q't•,�� Fa,�?•� My Comm.Expires Jun 16,2020 ;�[ v� '��� 1," Bonded through National.Notary Assn. City Attorney Date ITB-2019-052-ND Catering Services for Emergency&Special Events Page 5 EXHIBIT A COMMISSION MEMORANDUM Coversheet Page 1 of 2 • Competitive Bid Reports-C2 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: January 16,2019 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO,BID (ITB) 2019-052-WG FOR CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received,pursuant to ITB 2019-052-WG,Catering Services for Emergency and Special Events. ANALYSIS In the event of an emergency or during planned special events,the City provides meals for on-duty employees.To facilitate this process and is required by funding agencies such as FEMA,the City is seeking bids from qualified bidders to provide catering services for emergencies(e.g., • hurricane, weather events, etc.) or special or other planned events (e.g., Spring Break, Memorial Day Weekend, July 4th Weekend, etc. organized by the City. The bidders responding to this bid must be able to provide freshly prepared meals within twenty-four(24) hours of notification from the City. The City will choose the location(s)where the services will be provided. The location will be determined as needed based on the emergency situation or individual special event requirements. ITB PROCESS ITB No.2019-052-WG,was issued on October 23,2018,with a bid opening date of November 27,2018. The Procurement Department issued bid notices,to 79 companies utilizing www.publicpurchase.com website and 185 via email notification. Thirty (30) prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of one(1)response from Mama Jennies Italian Restaurant, Inc. The ITB stated that the lowest responsive,responsible bidder meeting all terms,conditions,and specifications'of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that the lowest responsive bid submitted by Mama Jennies Italian Restaurant,Inc.,met the requirements of the ITB,including previous experience,and licensure. Accordingly, Mama Jennies Italian Restaurant, Inc., has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. According to the information provided by the firm, Mama Jennie's Italian Restaurant has been in business in South Florida for over 40 years. Located in Miami Shores, Mama Jennies has become one of the most recognized homemade pizzerias in all of South Florida due to their dedication to quality ingredients,comfortable atmosphere and delicious food. Mama Jennies Italian Restaurant holds a valid State of Florida Department of Business and Professional Regulations Division of Permanent Food Service Certificate and has an active status as a Florida corporation. Mama Jennies Italian Restaurant has previously provided food service to the City, most recently during Hurricane Irma, and has performed satisfactorily.As additional references, it provided a contract for catering services with the City of North Bay Village and WSVN A Fox affiliated television station. CONCLUSION After considering the bid received and the evaluation of staff, pursuant to ITB 2019-052-WG, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Mama Jennies Italian Restaurant, Inc., the lowest responsive,responsible bidder to the ITB;and further authorize the City Manager and City Clerk to execute a contract: KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Emergency Preparedness FINANCIAL INFORMATION • Grant funding will be utilized for this project. • Legislative Tracking • Emergency Management/Procurement https://miamibeach.novusagenda.com/agendapublic/Cover Sheet.aspx?ItemID=1 1 1 70&Me... 2/1 3/20 1 9 Coversheet Page 2 of 2 ATTACHMENTS: Description r ❑ Attachment A https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=11170&Me... 2/13/2019 ATTACHMENT A Mama Je niesvItalian; Group 1 Emergency Restaurant Inc 1 720 NE 2 Catering services Avenue,Miami, FL 33161 �� Jenn�fer Berr�el �� 305 757 3627 Breakfast $ 9.50 Lunch(cold) $ j 8.50 • Lunch(hot) $ : j 10.00 Lunch(Boxed-to-go-Meal) $ 8.00 Dinner $ 11.75 Midnight Meal • $ • 11.75 Snacks $ 3.50 Mama Jennies Italian Group 2 Special and Other Restaurant Inc 1,1720 NI= Planned Event Catering Avenue, Miami, L 33161 services Jennifer Ber�riel F 305=757 3627 x • i •• EXHIBIT B INVITATION TO BID (ITB) 2019-011-ND AND ADDENDUMS INVITATION TO BID ( ITB CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS 2019-052-WG BID ISSUANCE DATE: OCTOBER 23, 2018 BID DUE: NOVEMBER 27, 2018 @ 3:00 PM ISSUED BY: MIAMI BEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 6650 I WilliamGarviso@miamibeachfl.gov I www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A BID CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 17 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 33 APPENDIX E BID PRICE FORM 37 APPENDIX F INSURANCE REQUIREMENTS 39 APPENDIX G UNIFORM GUIDANCE PROCUREMENT STANDARDS 41 2 CFR 200.317-200.326 • ITB 2019-052-WG 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1.GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an n option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through .PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. In the event of an emergency or during planned special events, the City provides meals for on-duty employees. To facilitate this process, the City is seeking bids from qualified bidders to provide catering services for emergencies (e.g., hurricane, weather events, etc.) or special or other planned events (e.g., Spring Break, Memorial Day Weekend, July 4th Weekend, etc. organized by the City. The bidders responding to this bid.must be able to provide freshly prepared meals within twenty four(24) hours of notification from the City. Through this ITB, the City intends to: 1) establish contracts for specific meals; 2) create a pool of prequalified vendors able to respond to quotes for catering services on an as-needed basis. The requirements and specifications are further detailed herein and, specifically in Appendix C. The City will choose the location(s)where the services will be provided. The location will be determined as needed based on the emergency situation or individual special event requirements. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued Octoberr.23, 2018 Pre-Bid Meeting November 1, 2018 @ 2:00PM Deadline for Receipt of Questions November 19, 2018 @ 5:00PM Responses Due November 27, 2018 @ 3:00PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: • Procurement Contact Telephone: Email: William Garviso, CPPB ' . 305 673-7000#6650 WilliamGarviso• miamibeachfl.•ov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado . miamibeachfl.•ov; or via facsimile: 786-394-4188. ITB 2019-052—WG 3 BEACH BEACH The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of ' Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL' NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website,: http://www.miamibeachfl.gov/city-hall/procurementlorocurement-related-ordinance-and-procedures/ • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 ITB 2019-052—WG 4 MIAMI BEACH • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2107 THROUGH 2110 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES ‘" CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the,site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance,.furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB. or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. ITB 2019-052-WG 5 MIAMI BEACH 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms; conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise.his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also-reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contractor delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission, or as delegated by the City Commission. Said award shall constitute a binding Contract between the City and the awarded bidder(s). In case of default on the part of the successful bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements,terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to ITB 2019-052-WG 6 MIAMI BEACH the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty(120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different'product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the'procurement of goods, services, items, equipment, materials, and/or supplies. 21.AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code,. Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right,title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder 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 shall maintain and retain any and all of 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. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall ITB 2019-052--WG 7 MIAMI BEACH be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of , the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the,Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in Appendix A, No. 14 Acknowledgement of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. ITB 2019-052—WG 8 MIAMI BEACH 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past,the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M.to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then ITB 2019-052-WG 1 9 MIAMI BEACH D. The bidder's bid in response to the Bid. _In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. NOT USED. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature• marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. x. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood,or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital,and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of ITB 2019-052-WG 10 MIAMI BEACH the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, ands. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt,or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise,specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder 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 above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE &TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's ITB 2019-052-WG 11 MIAMI BEACH expense. 50. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses,,permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATION/WITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date andlime will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a.contract award. Letters of withdrawal received after the bid due\date and before said expiration date and letters of withdrawal received after contract award. will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit,agency. ITB 2019-052-WG 12 MIAMI BEACH 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid; the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5)calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from ITB 2019-052—WG 13 MIAMI BEACH the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by • the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. ITB 2019-052-WG 14 MIAMI BEACH 72. ADDITIONAL ITEMS I SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order(or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of$50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2019-052-WG 15 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must'be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within three (3) calendar days upon request from the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal'is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2 - Bid Certification, Questionnaire and Affidavits (Appendix A). • TAB 3 — The Bidder shall develop and provide sample menu that addresses a five (5) days period based on the sample menu pursuant to Appendix C Minimum.Requirements and Specifications, Paragraph, C5 Menu Specification The City reserves the right to request any documentation omitted,with exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire& Requirements Affidavit(Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration.. 2. LATE BIDS. Bid Proposals are to be received on or before the due date-established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2019-052-WG 16 APPENDIX "A" M1AMIBEACH Proposal Certification , Questionnaire & Requirements Affidavit CATERING SERVICES 'FOR EMERGENCY AND SPECIAL EVENTS 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-052-WG 17 Solicitation No: Solicitation Title: 2018-041-WG CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS Procurement Contact: Tel: Email: William Garviso, CPPB (305) 673-7000#6650 WilliamGarviso@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE &REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: • TELEPHONE NO.: • TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: • The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2019-052—WG 18 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748, 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein.No proposal will be considered without receipt, by the City, of the SQR directly from Dun &Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:/Isupplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three(3)days of request. 3. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director, agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 4. References& Past Performance. Proposer shall submit at least three(3) references for whom the Proposer has completed work similar in size'and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information js required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation.Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others,the conflict of interest,lobbying and ethics provision of the City of Miami‘Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics, available at htto://www.miamibeachfl.00v/city-hall/procurement/procurement-related-ordinance-and-procedures/ ITB 2019-052—WG 19 8. 1. Effective January 1,2018,covered employees must be paid a living wage rate of no leaf than$11.62 per hour with health 2. Effective January 1, 2019,covered employees must be paid a living wage rate of no less than$11.70 per'hour with health cm benefits of at least$2.71 per hour,or a living wage rate of no Iccc than$11.11 per hour without health care benefits. 3. Effective January 1, 2020,covered employees must be paid a living wage rate of no lees than$11.78 per hour with health the Consumer Price Index for all Urban Consumers(CPI U)Miami/Ft.Lauderdale,issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by, came(in a particular year). . - - - C'ty's electronic compliance portal,LCP Tracker(LCPTracker.net). 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A, Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners`or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note:some benefits are provided to•employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfl,gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ ITB 2019-052—WG 20 10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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 proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,•marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation,unless the proposer certifies in writing that the business has adopted and employs written policies,practices, and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with.a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time.By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement'of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements.The City will strive to reach every Proposer having received solicitationthrough the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm • Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2019-052—WG 21 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the,City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals,and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal,the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall'become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,accurate and complete,to the best of its knowledge,information, and belief. 'Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto,or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2019-052—WG 22 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms 'and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications;terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and • Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation,,and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: 1 ; ITB 2019-052—WG 23 APPENDIX B miAml BEAcH " No Bid " Form CATERING 'SERVICES FOR EMERGENCY ANDS. PECIAL EVENTS 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those venders.,who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in hot being notified of futuresolicitations by the City. ITB 2019-052-WG • 24 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB PROPOSAL#2019-052-WG 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 ITB 2019-052-WG 25 APPENDIX C MIAMFBEACH Minimum Requirements & Specifiódtions CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-052-WG 26 — Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with bid or within 2 days of request by the City, the required submittal(s) documenting compliance with each minimum requirement. 1. Bidder shall provide at least one (1) client reference for which it has provided catering services to at least 500 individuals for a single event. For each client reference, submit the name of the agency or firm, address, dates of service, contact individual, and contact's telephone number and email address. C2. Statement of Work Required. The City of Miami Beach is requesting bids from qualified vendors to supply 1,500 meals served daily, and delivered to City's designated facilities before, during and after an emergency or disaster, and special or planned events to include but not limited to; Spring Camp, Memorial Day Weekend, etc. Meals to be served include breakfast, lunch, dinner, and a midnight meal. The bidders responding to this bid must be able to provide freshly prepared meals within twenty four (24) hours notification from the City's assigned Project Manager. The bidder's price per meal shall include all labor costs and including, but not limited to, the following: overhead, set-up and tear down costs, profit, travel time, service charges, delivery, potable water, lodging, fuel, propane, gas electric, etc., generators, food products and transportation, beverages, all necessary catering equipment including refrigeration, serving items, carry out food containers, plates, utensils, napkins, to-go boxes, and any other fee, charge, or cost related to providing the service. Additionally, bidder shall set-up meals at the location assigned by the City at the time of order. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God, the City shall require a;'First Priority" for goods and services. The Bidder agrees to rent/sell/lease all goods and services to the City on a "First Priority" basis. The City expects to pay contractual prices for all products and/or services under the awarded Agreement in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. C3. Group 1. Emergency Catering Services Anticipated disasters include, but are not limited to storms, hurricanes, tornadoes, flooding, brush fires, homeland security activity, major police activity, etc. The City will provide a site or location for set up and operation as well as an estimated daily count for all meals to be provided at the site or location. This Contract will be activated immediately before or after an emergency event or disaster in the City of Miami Beach. The City reserves the right to exercise its discretion in making the determination of what constitutes a disaster or emergency event, and at what time the contract will be activated. Bidders are on notice that the City may give no more than twenty-four (24) hours' notice to the awarded bidder at which time the awarded bidder shall be expected to mobilize and be on site to provide the services contracted. In an emergency event setting, the City employees will be working outside under extremely difficult and stressful conditions that may also be potentially hazardous. This work will require stamina and ITB 2019-052-WG 27 the expenditure of a great deal of energy during the course of recovery operations. The weather will play a significant role (i.e. hot and humid conditions) and will require adequate hydration and proper nutrition to ensure relief of employees' stress and maintenance of their overall well-being. C4 Group 2. Special and Other Planned Events The City may request catering services for special or planned events which may include but not be limited to; Spring Camp, Memorial Day Weekend, etc. The City will provide a site or location for set up and operation as well as an estimated daily count for all meals to be provided at the site or , location. C5 Menu Specification The Bidder shall provide a daily menu that includes foods that are visually appealing, appetizing and nutritionally sound. Each meal should include the USDA recommended servings of protein, grains, fruits and vegetables. Boxed meals shall be appealing, tasty, and travel well. Consideration should be given to providing a variety of foods at each meal to ensure a choice for special dietary needs (i.e. vegetarian, diabetic, kosher, etc.). Insulated gel packs for use in boxed lunches should be used as appropriate. 1. All meals shall be prepared under national, state, and local health safety and sanitary conditions. 2. The successful Bidder shall comply with Federal, State, and. Local guidelines governing health and food service sanitation. 3. All food and food products shall be stored and served at the recommended temperatures. 4. The successful Bidder shall provide proper containers (microwave-safe for boxed hot meals) and utensils for all meals. Recyclable materials shall be used when commercially available. 5. Recyclable materials shall be used when commercially available. 6. No expanded polystyrene material shall be used. 7. No Styrofoam products shall be accepted. 8. The usage of non-disposable or disposable item shall be included in the price. Serving items shall include: disposable items: 9" disposable round dinner plates, 7.5" round dessert plates, serving trays, portable aluminum buffet hot and cold, plastic tablecloths (round,-rectangular or square), 8oz. cups hot/cold, plastic forks, knives and spoons, paper napkins, plastic serving spoons, forks and tongs, plastic punch bowls, coffee stirrers, individually wrapped straws, and ice where needed. 9. Bidders are encouraged to use packaging that does not contain packaging inks, dyes, pigments, adhesives, stabilizers, and additives with levels of lead, cadmium, mercury or hexavalent chromium in packaging inks, dyes, pigments, adhesives, stabilizers, and additives equal to or greater than 100 parts per million, which is consistent with packaging statutes adopted by 19 U.S. states. The following exceptions apply to this heavy metal threshold recommendation for packaging: a) Packaging made from recycled materials. b) Packaging that is essential to the protection, safe handling, or function of the package's contents(e.g., medical product and devices). c) Packages and packaging components for which there is no feasible alternative. ITB 2019-052-WG 28 d) Reusable packaging for products that are subject to other federal or state health, safety, transportation; or disposal requirements (i.e., hazardous waste). e) Packaging having a controlled distribution and reuse (i.e., beverage containers subject to mandatory deposit requirements). f) Packaging or packaging component that is glass or ceramic where the decoration has been vitrified and when tested, and meets specific requirements. For a full explanation of exceptions, see Section 5/Exceptions, Toxic in Packaging Clearinghouse Model Legislation, available at: http://toxicsinpackaginq.orq/model- legislation/model/ 10. The successful Bidder shall provide all meals in a 1-1/2 portion serving size. 11. The successful Bidder shall not serve leftovers. Any leftover meals purchased by the City shall become the property of the City, and therefore, shall remain with the City after each meal service. '12. The successful Bidder must provide emergency contact telephone numbers that will allow twenty-four(24) hours, seven (7)days per week contact. 13. The successful Bidder must maintain adequate supplies on hand, and is responsible for re-stocking its supplies. 14. The successful Bidder shall be responsible for the disposal of all waste material and garbage; waste materials will not be disposed of in any City owned or leased containers. 15. The successful Bidder shall provide beverage (including bottled water) with each meal. 16. Accompaniments/Condiments: To be. 'included in total cost per person. Condiments: salt, pepper, regular sugar, sugar substitute, mustard, ketchup, mayonnaise, relish, and/or sauce will be provided in individual sealed packets. Salad dressings provided up to three (3)choices. The Bidder shall develop and provide a menu that addresses a five (5) day period (refer to the sample menu below). The menu provided by the Bidder shall also include alternate meals for each meal time that will: 1.) accommodate those employees with religious and/or dietary requirements; and 2.) provide boxed "to-go" meals available to City employees unable to leave their posts. Breakfast, Dinner and Midnight Meals shall be hot cooked meals and served at the appropriate temperature. Lunch Meals may be hot cooked meals and/or cold meals at the City's option. Each Meal must have a choice of at least 2 types of protein. ITB 2019-052-WG 29. Sample Menu : 1. Breakfast Option Selection Serving Size Scrambled eggs 1 each One of the following: ham, bacon, or sausage 1 each One of the following: grits or hash brown 1 each Variety: assorted cereals or Oatmeal 1 each Assorted breads and pastries 1 each Fresh fruit or yogurt 1 each Beverages: bottled water,juice, coffee(decaf and regular)or tea 8 oz. per each 2A. Lunch (cold) Options Serving Size 6' Sandwich on one of the following: chicken, ham, roast beef, tuna, assorted 1 each Reuben, or veggie breads,/Wrap Whole fruit variety: apple, orange, or banana 1 each Dessert variety: cake, cookies, pudding, or brownies 1 each Snack variety: assorted potato chips, or pretzels 1 each Beverages variety: bottled water, juice, and assorted Coca-Cola 1 each beverages 2B. Lunch (hot) Options Serving Size one of the following: brisket, grilled chicken breast, Hot entrée meatballs, chicken fajitas, hamburgers/cheeseburgers, 1 each pulled pork. one of the following: French-fries, cornbread stuffing, potato Sides option, rice, salad, coleslaw, or baked macaroni &cheese 1 each Whole fruit variety: apple, orange, or banana . 1 each Dessert variety: cake, cookies, pudding, or brownies 1 each Snack variety: assorted potato chips, or pretzels 1 each Beverages variety: bottled water, juice, and assorted Coca-Cola 1 each beverages 2C. Lunch (Boxed To-Go Meal); Options • Serving Size 6" Sandwich on one of the following: ham, roast beef, turkey, grilled chicken assorted breast, tuna, steak, chicken salad, Reuben, or veggie and 1 each breads/Wrap assorted cheese, lettuce, tomatoes Snack variety: assorted potato chips, or pretzels 1 each Dessert variety: cake, cookies, pudding, or brownies 1 each ITB 2019-052-WG 30 variety: bottled water, juice, and assorted Coca-Cola beverages Beverages 1 each 3. Dinner Options, Serving Size Hot entree one of the following: pork chops, fried chicken tenders, fresh 1 each fried catfish, BBQ chicken, steak, pasta one of the following: green beans, baked beans, potato Sides option, rice, salad, coleslaw, baked macaroni &cheese 1 each Dessert variety: cake, cookies, pudding, or brownies , 1 each Beverages variety: bottled water, juice, assorted Coca-Cola beverages, 1 each and coffee(decaf and regular),or tea 4. Midnight Meal Options Serving Size Hot entree one of the following: meat loaf, lasagna, chicken, 1 each hamburger/cheeseburger,,or pizza one of the following: green beans, baked beans, potato Sides option, rice, salad, coleslaw, or baked macaroni &cheese; 1 each Dessert variety: cake; cookies; pudding; brownies 1 each Beverages variety: bottled water, coffee (decaf and regular), or tea ' 1 each 5. Snacks Options Serving Size variety: protein bar; chocolate bar; assorted chips; peanuts; cookies; cheese 1 each crackers; pretzels; fruits Depending on the nature of the emergency, the City will strive to provide at least 24 hours' notice of activation. At that time, the City will inform the successful Bidder, either verbally or in writing, of the nature of the emergency, the site or location, the type of food or meals required the estimated quantity of food required, serving times, name and contact information for the City's liaison, and other relevant information. The City will provide the successful bidder:with a written 24-hour notice to shut down operations. Each meal (breakfast, lunch, dinner, snack) shall have a vegetarian option at the request of the City. The successful Bidder-shall provide an adequate number of employees to operate each site. These employees shall be clean and courteous to the public. Employees must have a current health department certification and have completed all required instructions and medical requirements. Delivery times: The Bidder shall deliver the meals at the following times: Breakfast 6:00,am—8:00 am Lunch 11:00 am—2:00 pm Dinner 5:00 pm—12:00 am ITB 2019-052-WG 31 Midnight 12:00 am—2:00 am The following sites may be designated feeding sites: 1. Emergency Operation Center, 2310 Pinetree Drive, Miami Beach 2. Miami Beach Police Department, 1100 Washington Ave, Miami Beach 3. Miami Beach Police Athletic League (PAL), Flamingo Park 945-11th Street, Miami Beach 4. Scott Rakow Youth Center, 2700 Sheridan Ave, Miami Beach 5. North Shore Park and Youth Center, 501 72nd Street Miami Beach 6. Terremark Building 2s, Biscayne Blvd, Miami ITB 2019-052-WG 32 APPENDIX D M1AMIBEACH Special Conditions CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-052-WG 33 1. TERM OF CONTRACT. The contract(s)entered into with the successful bidder(s) will have an initial term of three(3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one (1) year periods subject to the availability of funds for succeeding fiscal years. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month-to month"extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six(6) months. 3. PRICES AND/OR PERCENTAGE SHALL BE FIXED. All prices quoted in the awardee's bid submittal shall include all costsof packaging, transporting, delivery and unloading and remain firm and fixed during the initial term of the agreement, unless amended in writing by the City. 3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During therenewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less. The City may also:consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. METHOD OF AWARD. Award ofthis contract will bemade to the lowest priced responsive, responsible bidder(s) who offer the lowest price in the aggregate. To be • considered for award in the aggregate, the bidder shall offer lowest price for all items. If a bidder fails to submit an offer for all items, its offer may be rejected. To ensure availability, the City may award to multiple Bidders(primary, secondary, tertiary, etc.) at its own discretion, and in the best interest of the City. If the City exercises this right, the primary vendor shall have the primary responsibility to initially perform the service or deliver the goods identified in this contract. If the primary vendor fails to perform it may be terminated for default and the City shall have the option to seek the identified goods or services from the secondary vendor. During the term of the contract, the City may also make award to the third lowest bidder as tertiary if the primary and secondary vendors do not perform. Award to multiple bidders is made for the convenience of the City and does not exempt the primary vendor from fulfilling its contractual obligations. Failure of any vendor to perform in accordance with the terms and conditions of the contract may result in the vendor(s) being deemed in breach of contract. The City may terminate the contract for default and charge the vendor re-procurement costs, if applicable. ITB 2019-052-WG 34 5. ROADMAP FOR PROJECTS AWARDED PURSUANT TO POOL OF PRE-QUALIFIED CONTRACTORS. Responsive, responsible bidders (awarded pursuant to Group I, or not), shall be deemed to be thereby pre-qualified to participate in spot market purchases that are identified by the City on an as-needed basis. In lieu of award based on lowest priced responsive, responsible bidder, the project/contract manager may request quotes from bidders authorized to participate in the Pre-Qualified Bidder Pool for large or other special or planned events. When such work assignments are identified, the awarded Bidder(s) may be invited to review the written specifications regarding the work to be accomplished, inspect the work area, and offer a lump sum quote (unless notified otherwise), that shall include all labor, supervision, materials, equipment, and any other items and/or incidentals identified by the City. The Bidder(s) offering the lowest fixed price for the specific effort shall be awarded that specific work assignment. The award of a specific work assignment to one Bidder(s) does not preclude other pre-qualified Bidder(s) from submitting offers for other work assignments. The cost of any ancillary third-party services that are provided by the Contractor, with prior approval of the authorized City representative, may be determined in the manner prescribed above. Awarded Bidder(s) shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. Bidders past performance with the City, if applicable, may be used in the evaluation process in determining recommendation for award. Each quote prepared by the Bidder shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. In this case, projects will be awarded on a Lump Sum basis. 5.1 For projects with an estimated cost up to $50,000, the project/contract manager may solicit written quotes. Prior to issuing a purchase order for projects in this category, the City Manager's approval is required. 5.2 For, projects with an estimated cost exceeding $50, 000, the project/contract manager may solicit written quotes. Prior to issuing a purchase order for projects in this category, the City Mayor and City Commission approval is required. 5.3 In determining the lowest and best Bidder for the project, in addition to price, there shall be considered the following: (1)The ability, capacity and skill of the bidder to perform the work. (2) Whether the Bidder can perform the work within the time specified, without delay or interference. (3)The quality of performance on previous work. (4) The character, integrity, reputation, judgment, experience and efficiency of the bidder. ITB 2019-052-WG 35 (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. The City Manager's approval is required when the Bidder offering the lowest cost is not selected. • 6. LICENSE REQUIREMENT. At all times during, Bidder shall hold valid State of Florida Department of Business and Professional Regulations Division of Permanent Food Service Certificate. - IV 7. ADDITIONAL QUANTITY OF ITEMS OR UNITS. Although this solicitation and resultant contract states a specific or an estimated number of items or units to be purchased by the City, it is understood and agreed that the City may purchase additional items or units from the vendor; provided that these additional items or units represent the same unit price stipulated within the contract. 8. INVOICING. The vendor shall submit an invoice to the City user department(s) that requested the items through a purchase order. A daily accounting of estimated costs shall , be provided with final invoice not exceeding (30) calendar days from the,delivery of the items. Under no circumstances shall the invoice be submitted to the City in advance of the delivery and acceptance of the items. In addition the invoice shall reference (or include a copy of) thecorresponding delivery ticket number or packing slip number that was signed by an authorized representative of the City user department at the time the items were delivered and accepted. Failure to submit invoices in the prescribed manner will delay payment. 9. SHIPPING.TERMS: F.O.B DESTINATION. Prices shall include freight to City's premises to include inside delivery, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 10. BACKGROUND CHECKS. The Contractor(s) shall conduct a full criminal background check at its own expense on each of its employees engaged in providing services under this ITB or any resulting Agreement prior to the commencement of said services. No Contractor(s) employee shall be eligible to perform services, pursuant to this ITB or resulting Agreement, if he or she: (1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats; kidnapping; assault; battery; and illegal weapon possession, sale or use. The Contractor(s) shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of its failure to comply with this requirement. • . ITB 2019-052-WG 36 APPENDIX E miAmi BEACH CostProposal Form CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-052-WG 37 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed"herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. �' GaA P'f EMERGE.NCY`C 'EIRING SERVICES' 1 Breakfast Each 400 $ $ 2A* Lunch cold Each 500 $ $ 2B* Lunch hot Each 500 $ $ 2C* Lunch Boxed To-Go Meal Each 150 $ $ 3 Dinner Each 500 $ $ 4 Midnight Meal Each 100 $ $ 5 Snacks Each 1,500 $ $ Total.Group 1': $ *The City reserves the right to choose any combination of 2A,2B and 2C. *Quantities listed in this solicitation are not guaranteed for purchase. YS ; f GRQUP,Z SPECIAL AND QTHEI .PLANNED Ey/ENT'CATERIN4G SERVICES. i =&tt r-'' 9 t: °gcrg I.+ ?C-C° g ua :a', .a3iao i e-t® ' g CCS-€-I~ C ti '! -LT 1 .p -iiCte f t(F. M• `4he ctir_ C. a :. C" f I at@C ail Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: - ITB 2019-052--WG 38 APPENDIX F MIAMIBEACH Insurance Requirements CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-052-WG 39 M:IAMIBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to-follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2019-052-WG 40 APPENDIX G MIAMIBEACH Uniform 'Guidance Procurement Standards 2 CFR 200 .317-200 .326 CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS ITB, No. 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 IT,B 2019-052-WG 41 2 CFR 200 Uniform Guidance Procurement Standards §200.317 Procurements by states. When procuring property and services under a Federal award, a state must follow the same policies and procedures it uses for procurements from its non-Federal funds. The state will comply with §200.322 Procurement of recovered materials and ensure that every purchase order or other contract includes any clauses required by section §200:326 Contract provisions. All other non-Federal entities, including subrecipients of a state, will follow §§200.318 General procurement standards through 200.326 Contract provisions. §200.318 General procurement standards. (a) The non-Federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. (b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (c)(1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the`selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non- Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non- Federal entity. (2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational. conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (e)To foster greater economy and efficiency, and in accordance with efforts to promote\cost-effective use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. (f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (g) The non-Federal entityis encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (h) The non-Federal entity must award-contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.See also §200.213 Suspension and debarment. (i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will ITB 2019-052-WG 42 1 include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (j)(1) The non-Federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the'contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the sum of: (i)The actual cost of materials; and (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency.Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (k) The non-Federalentity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015] §200.319 Competition. (a)All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate Unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and (7)Any arbitrary action in the procurement process. (b) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic.preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for,the contract. (c) The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which' unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended'use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a dear and accurate description of the technical requirements, a ITB 2019-052-WG 43 "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] §200.320 Methods of procurement to be followed. The non-Federal entity must use one of the following methods of procurement. (a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (§200.67 Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable. (b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. (c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract(lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1)of this section apply. (1) In order for sealed bidding to be feasible, the following conditions should be present: (i)A complete, adequate, and realistic specification or purchase description i available; (ii)Two or more responsible bidders are willing and able to compete effectively for the business; and (iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (2) If sealed bids are used, the following requirements apply: (i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (iv)A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding-documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (v)Any or all bids may be rejected if there is a sound documented reason. (d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any ITB 2019-052-WG 44 response to publicized requests for proposals must be considered to the maximum extent practical; (2) Proposals must be solicited from anadequate number of qualified sources; (3) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (5) The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (NE) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. (e) [Reserved] (f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (1) The item is available only from a single source; (2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or (4)After solicitation of a number of sources, competition is determined inadequate. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015] §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b)Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraphs (1) through (5) of this section. §200.322 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of)the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA ITB 2019-052-WG 45 guidelines. - [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] §200.323 Contract cost and price. (a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. (b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and:in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under Subpart E—Cost Principles of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction°cost methods of contracting must not be used. §200.324 Federal awarding agency or pass-through entity review. (a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: •,,(1)The non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c)The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis; (2) The non-Federal entity may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency ITB 2019-052-WG 46 may rely on written assurances from the non-Federal entity that it is complying with these standards. The non- Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. §200.325 Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must,be as follows: (a)A bid guarantee from each bidder equivalent to five;percent of the bid price. The"bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A"performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (c) A payment bond on the part of the contractor.for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. , §200.326 Contract provisions. The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200— Contract Provisions for non-Federal Entity Contracts Under Federal Awards. • ITB 2019-052-WG 47 APPENDIX II TO PART 200 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C)'Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 ITB 2019-052-WG 48 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used 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 a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) Procurement Of Recovered Materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. ITB 2019-052-WG 49 EXHIBIT C RESPONSE TO THE (ITB 2019-011-ND) Detail by FEI/EIN Number Page 1 of 2 Florida Department of State DIVISION OF CORPORATIONS DS`/U.ON of an official:irate of Florida ss-etisitr Department of State / Division of Corporations I Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Profit Corporation MAMA JENNIE'S,ITALIAN RESTAURANT, INC. Filing Information Document Number L29935 FEI/EIN Number 65-0165743 Date Filed . 11/13/1989 State FL Status ACTIVE • Last Event AMENDMENT Event Date Filed 10/23/2018 Event Effective Date NONE Principal Address 11720 NE 2ND AVENUE NORTH MIAMI, FL 33161 Changed:07/20/2000 Mailing Address F 11720 NE 2ND AVENUE NORTH MIAMI,'FL 33161 Changed:07/20/2000 Registered Agent Name&Address BERRIEL,JENNIFER 11720 N.E.2ND AVE. • MIAMI, FL 33161 Name Changed: 10/23/2018 Address Changed: 10/23/2018 Officer/Director Detail Name&Address Title PSD BERRIEL,JENNIFER 11720 NE 2ND AVENUE MIAMI, FL 33161 http://search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=FeiNu... 2/13/2019 Detail by FEI/EIN Number Page 2 of 2 Annual Reports Report Year Filed Date 2016 03/25/2016 2017 03/14/2017 2018 01/30/2018 Document Images 10/23/2018—Amendment View image in PDF format 01/30/2018—ANNUAL REPORT View image in PDF format 03/14/2017—ANNUAL REPORT View image in PDF format • 03/25/2016—ANNUAL REPORT View image in PDF format 06/03/2015—ANNUAL REPORT View image in PDF format. 02/05/2014—ANNUAL REPORT View image in PDF format 10/11/2013--REINSTATEMENT View image in PDF format 05/01/2012—ANNUAL REPORT View image in PDF format '- 04/13/2012—Req.Agent Resignation View image in PDF format 04/19/2011--ANNUAL REPORT View image in PDF format 05/03/2010--ANNUAL REPORT View image in PDF format 10/17/2009—REINSTATEMENT View image in PDF format 01/04/2008—ANNUAL REPORT View image in PDF format 01/04/2007—ANNUAL REPORT View image in PDF format 01/03/2006--ANNUAL REPORT View image in PDF format 01/07/2005--ANNUAL REPORT View image in PDF format 01/05/2004—ANNUAL REPORT View image in PDF format 02/21/2003—ANNUAL REPORT View image in PDF format 01/14/2002-ANNUAL REPORT View image in PDF format 01/23/2001--ANNUAL REPORT View image in PDF format 07/20/2000—ANNUAL REPORT View image in PDF format 06/24/1999--ANNUAL REPORT View image in PDF format 02/26/1998—ANNUAL REPORT View image in PDF format 02/03/1997—ANNUAL REPORT View image in PDF format 04/23/1996—ANNUAL REPORT View image in PDF format 05/01/1995—ANNUAL REPORT View image in PDF format Florida Department of State,Division of Corporations • http://search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=FeiNu... 2/13/2019 }\lir Sltl'1t BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed. envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format(CD or USB format) are to be submitted, with the original submission or within three (3) calendar days upon request from the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile,'are not acceptable and will be rejected. 2. BiD PROPOSAL.The Bid Proposal is to include the following: • TAB 1 Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. FAILURE TO SUBMIT THE. MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL, ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NO RESPONSIVE AND NOT BEiNG FURTHER.CONSIDERED. • TAB 2-Bid Certification,Questionnaire and Affidavits (Appendix A). • TAB 3 - The Bidder shall develop and provide sample menu that addresses a five (5) days period based on the sample menu pursuant to Appendix C Minimum Requirements and Specifications, Paragraph, C5 Menu Specification The City reserves the right to request any documentation omitted,with exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire& Requirements Affidavit(Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive, Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 2. LATE BiDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2019-052-WG t6 • APPENDIX E ;; n A A 1 g I ?. .„44 24 IA fi 4„:53, 4 '"!,, f;' Y. .4 Cost Proposals Form • CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 • -1TB 2.011M-- G 37 • ......_ • APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Form,in its entirety and fully executed by the deadline established for the recei it of •ro s osals will result in tiros osal bein• deemed non-res•onsive and bein' re'ected Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material paces, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive, All corrections on the Cost Proposal Form N (Appendix E)shall be initialed. 4'i u As iSt U�11it t 3, t1 I � @' � �, $fit ;, �1.r � 'tr }, � j t tt FrFtC te,¢ j t fi " r et, d urt :. i a gr"Rt�'t 444)01/0444104-011 ''' f '%�5 'i� ..�9 '}/ii t 4#�"�^"� `�,. A3 t r . , 4 iffile4110 t�`t , t.fi , ,tnhov1 111 (� f &i{d #��� n d i� t R Fxf j � � "h. i1 T r ti 4+E,Ax .-sr � tk ` =rk, � � c� �'ki '{J#{� `� � J 1z.7 1 +�a NtM` eF t± 1 Breakfast Each 400 $61 O $ 2A* Lunch (cold) Each 500 $q~5° $ E Z.Sa' "c' 2B* Lunch (hot) Each 500 'd" $ 5-Ca00 • 2C* Lunch (Boxed To-Go Meal) Each . 150 $4,•co $ C' cx-' 3 Dinner Each 500 $► t' $ 00 4 Midnight Meal Each 100 $ t 1 7 5 $ t l'7 cU • 5 Snacks Each 1,500 $3 so $ 142°-3C 00. ,NotalGroup'1 ;51t =1� $' 'The City reserves the right to choose any combination of 2A,2B and 2C. Quantities listed in this solicitation a,r.�not guaranteed for purchase. s 6 . niA i+Mi " +f� "eY1,6 5+`i N _ y r+fi .g 4 '1 °43 4t Iji' iti ii10t, 4S tq,� a w..:�,.X b'`'iz • r'i � ��2,.{„ .. �, .C` .� .r:, T i#x`'x {n i Rh n+.I.�d.i ,�§ - #- d"A I riJ ° z F s g n M 9 P tt:t,t ,{ x . St,F "k—, 3 -s'ra. s- G- F rijttt :a. 4 z' r' #Fr r 5�, J s3, #x*n`''S i "r �` it t'r a iwy „;r tt,.., ; s �'N,Eu { � f r7 r �^+j �"� � � I ## Si73 '�A 3r1� r.�y ca � r 1��arra i'-i"3�'tU- �� ca a����^ :`i1s+=�� a�� ' 1 l 1�l 1 #S "' 3 1 FA )RF z?� h I�h t Alf F t tyL r '� Bidder's Affirmation. Company: -(t-.N0"c? teS �� �l<- 1 ill fP1 f Authorized Representative: r. Address: \ ` ‘--Ck A i Nt.t t Telephone: ".74 %Zit-, co,/ *7.,)c.:!:; Email: i'.\e,_V-Or-Ck, ri t(c 9 erl6- —{ "4. �r� Authorized Representative's Signature: C ITB 2019-052-WG 38 APPENDIX "A" , : 3 �2 f § r. -.ovs '''`°'`wvtag a Y.3' Proposal Certification , Questionnaire & • Requirements Affidavit CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS 2019-052—WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-OS2-WG.=� • v �.��_ _�d ��_.� „»ff.�.� 17 • Solicitation No: Solicitation Title: 2018-041-WG CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS Procurement Contact Tel: Email: William Garviso,CPPB (305)673-7000#6650 WilliamGarviso@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT • Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FI M NAME: iirk Irina E'v l rlte � . / 1?ZY"1 �'L7 t L l C ✓l rVl C - NO.OF YEARS IN BUSINESS: NO.OF YEARS INBUSINESSLOCALLY: NO,OF EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: eV-U(2'1-1 arm fit.- C tY i2 c FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.:' '5%7`"'; TOLL FREE NO,: i r FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE; ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT; ``( NtO ACCOUNT REP TELEPHONE NO.: •-• C — 4:3 • 7, ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: Ylte �� �..9 i ice` �{r'1 � FEDERAL TAX IDENTIFICATION NO.: S- Ot 1L S'-1 L-1 The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. • .01.... ITB 2019-052-WG . 18 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein.No proposal will be considered without receipt,by the City,of the SQR directly from Dun&Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:l/supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three(3)days of request. 3. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. • SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling, and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 4. References& Past Performance, Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation, SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5, Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non erformance by ia_riyAblic sector agency? YES N0 SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five (5)days upon receipt of request.The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics.In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics, available at http://www.miamibeachfi.govicity-halliorocurement/procurement-related-ordinance-and-procedures/ ITB 2019-052—W 19 8. bfv' + :• ,!= _ _ _.. ,. . . . z : _. , •-••-* ! ! •- _ ...'d-a-living-wag= • _ - • - • ' • : , . sa_.ne-benefit- ef at lea. • - ' . - - - - • - •.++ :. •.. _.•.. .• . . :.• _. ','arnit€t-Lauderdale,i ..-_ . •_ _.-. -.- . _. _•• resolutien-elect-net to ind: _._ _ _ • . . ' - . . ..- '. .. . _... ••_• - =Sem said-Proposor -• ' •i . ' tee.- . _.. -•- - - fnes-ae•-provided in the City's Livi s-amended--Further-inform_ .• e _ "*e e _eo requirement i .. ':-.. .:evlsity-halliorecur2menVerscurernent - - - . . •-• - SIAMITTA= EQt11R€ME-N-T:Ns-additional-su: _ . - vii-deeureent;Rrepeser-agrees-te - - -- e•-•-e e_•- , _ er(LCPTracker.net). 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20.or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work,on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES I y NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES ( `a( I NO C. Please check all benefits that apply to your answers above and list in the'other"section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave 3C Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final, Further information on the Equal Benefits requirement is available at http:llwmw,miamibeachfi,Qov/city-hall/procurement/procurement-related-ordinance-and- procedurest ITB 2019-052—WG 20 • 10. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that 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 proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies 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 s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach,Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation,unless the proposer certifies in writing that the business has adopted and employs written policies,practices, and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until,the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time.By virtue of executing this affidavit,Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair-Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14, Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2019-05Z—WG 21 • DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach.(the"City")for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In Its sole discretion,the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals,and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest, In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal,the applicant agrees to deliver such further details,information and assurances,including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied, as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City, The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation,By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,accurateand complete,to the best of its knowledge,information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto,or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the • provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2019-052-WG 22 'PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged;discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal;Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Title of Proposer's Authorized Representative: Sig tune of Proposer's Authorized Representative: Date: -,-- ,... ......____ _.r7 \ \— (t'?—\ State of FLORIDA ) On this Ccday of KWeott:V'20..6 personally appeared before me.. nnaArho . County of 1--4 kivx.,:-Dekti , stated that (s)he is the ot.pAgx of 'r�c vv t (7,nnu.o, a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: • Notary Public for the State of My Commission Expires: • ITB 2019—o52—WG 23 APPENDIX C 501M-5 ,21-r;&11,--A (pt !-Ab _drfj ,f -,!• Yr4, 11, ft,kamr. V Minimum Requirements & Specifications CATERING SERVICES FOR EMERGENCY AND SPECIAL EVENTS 2019-052-WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 !TB 2019-052-WG • • 26 • n P A 'T= Lit/if tlys r—vzIs• rr- .r fc �r 44 WW1: ' ' � fps' P. y 2 7 91 ) .� %��tt£�C Ave. 1) Mathew e ` IGi~1x, Ronk 33161 ****S JapLE CATERING MEN ****'" area as well as The following proposal includes catering personnel eS to maintain buffetitemsand assist with seating areas cleaned and ready to serve at all serving tim Replenish buffetup services when needed throughout all stations, arriving, rvdi h� delivering,� � disposable servfin serving include beverage stations, buffet stations, chafing bowls,eating utensils, spoons, forks, gloves,plastic wart to include, cups, coffee cups, plates, *** knives, napkins. ***All plastic serving with the exception ot hotlsauce,ls land s sa individually\ Caterer will provide all condiments wrapped for clients guest to take. Condiments ayo, will be provided based on menu dressing, caterers expertise: example: ketchup, vin�ereate dressing, jelly, raisins. Butter, brown sr food related item, honeY, sweet ctheocaterex may deem sauce, duck 5 Sauce, creamers, sugar, stevia;stirrers,andany other necessary to serve the below menus. Caterer i(ilbringmai nto ntadecl>.iateonal nst ff at all time on the provide adequate.portions, for the client, and wAFESTAFF prtrained emises during serving times. Staff of caterer w11� folrmed veSnd professional atalltc m e on job in proper food handling. Caterer staff will dress t site. The caterer will remove all garbage associated with food service of the event. i Guest: 100, 500, 1000 pricing Breakfast: 6:00am-8:00ain Hot.Meal: Oatmeal, to include raisins, honey, brown sugar Scrambled eggs, potato, and bacon assorted breads, and croissants, to include butter and jelly assorted. , Cold: Fresh whole fruit and yogurt. Beverages: Coffee, to include cr.eamers,stevia,bottle water, and Orange juice. 1-100 Cost: $10.25 101-500 Cost: $9.25 501-1000 Cost $8.25 Lunch: 11:OOam-2:O0pmi 94 r ,, ake Io"427 Office rex 3 ,yI. 71 • , m 41 j1/ : „ ,; .i-'fK' ff V�1• YYt leelll6bb��'' • 11720 Pioritheas1 214..Av,a , an1., °l u� WW1 Hot Meal: Pasta station, with Penne pasta(choice of sauce to include Bolognese,alfredo, marinara,) . Garlic rolls, meatballs, sausage,grilled chicken sliced, and peppers on side. Cold Meal: Assorted hoagies with cold cuts and fresh salads. All sub include,lettuce tomato, condiments will be on the side (mayo, mustard,vinegar oil salt and pepper) Potato salad and Caesar Salad. Beverages:. Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade, assorted soft drinks pepsi products, and bottle water. HOT LUNCH 1-100 Cost: $10.25 101-500 Cost: $9.25 501-1000 Cost: $8.25 ( COLD LUNCH 1-100 Cost: $9.50 101-500 Cost: $8..50 501-1000 Cost: $7.50 Dinner: 5:00pm-9:00pm Hot Meal: Baked Chicken, Roasted Pork, Black Beans and White Rice, green beans,and Cuban bread with butter. Freshgreen salad lettuce, cucumber, carrots, cabbage,and assorted dressing. Corn Chowder soup Assorted Cupcakes,and cookies. Beverages: Ice tea assorted includes garnishment of lemons,sugar and stevia, lemonade, assorted soft drinks pepsi products, and bottle water. 1-100 Cost: $12.75 101-500 Cost: $11.75 501-1000 Cost: $10.75 Midnight Meal: 11:O0pm-2:00am Midnight Meal: 111 e ' �t.7 i�i!..,.71:94 #� ev i 130-1751307 Fax; 314,737.1011 `4.7114-,fiaLTAF wig i St:LA 3soD 000I-TOS 5L'8S :1sO 0O5-i0t 9L'01$ :1soD OOT-' 'Td1Y1i LOH •ialrfll aproci put; 'slnnpoacl !slot] slupp alaossu `a uuotuai cer;lalS puu :[eons ': 1�OS SUOtumj Jo .IU�Wtl5iU.lt;`li S�pl1pUt pnross, e Lo,.l ��l :s rlanag p P .plies eked `esies put. scirtp `n°1 dauulp 11'1A\ -osnotia pm lnJ pion pniJosg' :IraT^i. Plop •pu:iq asaatj:1 tut17TxDjA `uteri» Inas •Sa0lt>u103 :)n:1.1a1 I»pro:ills •'ilii` Doul patut 91naoa anon ';)311 UL'DTXaj,\t `suuacl pocija.x`pngs tiarrtp put `j''vc{ uolluls ()Dui puu `�ulilu_i :ir.:)j^i loH urdOQ7-we00:ti :tipunl 0001 '005 `00T :1san) OS•8$ 3soJ 0001-LOS 09.6$ ;4s03 00510ti 00'0-0,:160D 001.-t 'atn( a2uua() p.m `Taien1 ata4oci `el.ols `5.,:ratt.r1a2 apnlaur of 'aVO ) :sa2e33nag •asaaa a:ltulua `ltna) pa4:tOSSt pnat{s :pray[ P1°D .4i:1( put.' 'sltib'SSr n `speaaq paiaosstr •a amus `itaur puu `asaac43 sl:.:+pu..To `;'aalnci puu d:i:1Xs sa>iuntiud 'sin; Irolv 1o].-j utr,UO:S-tuE00:q :1supp.I lg Mutat.id 000i `OOS 00L :1sn9 SL'01$ :1so3 0001-I-OS SLITS :asoD 005-TOT SL•ZT$ : soD 001-1 , •aaaun\ atnlog pm 'slonpolcl ! clad syutap iJos pa11OSSE `apeuotuai `rin)ls put.tens `suoura[JO luatut{siu.il; sapniaur pal:rosst eat »i :sa.2eianag sary on pue smiuDdn;-) dnos aapmotiJ u:ToY .9utssaap paaTosse put `n rggt;D `s10,1-Ae0 'TaciulnDfJ `)Jnlaal pups Unna' tlsaad •ani nq Tim pinaq urcinD pm `sut:aq tlaa:r. `aarJ DINM Put suE l vt1 I `)Faod.pazsuo t 'U3)latt1 ) Pav1 I91Td oP akil ' fonit ;-,A11114,441 .. rte; �,,,� A oolgow mAm ri ' "`t 1 # rivr:iiNii.• r3 1 _ .,.,.... . ..... i, 1, 4.,„ w.serx..0 aWr3ria. `� siFjx £.'`.,:L U E; ILL,,, �.,gat'"• .. ,. II 720fort otat 2;t.-,Aire M&iiriv14 Rabb 3H COLD LUNCH 1-100 Cost: $9.50 101-500 Cost: $8.50 501-1000 Cost: $7.50 Dinner: 5:OOpm-9:00pm Hot Meal: Meat l.,oaE or BBQ Chicken with mashed potato with gravy, vegetable medley,assorted dinner rolls,Caesar salad, minestrone soup. Chocolate moose cake and Vanilla cake. Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade,assorted soft • drinks pepsi products, and bottle water.• 1-100 Cost: $12.75 101-500 Cost: $11.75 • 501-1000 Cost: $10.75 Midnight Meal: 11:00pm-2:OOam Midnight Meal: Meat Loaf or BBQ Chicicn with soup. Chocolate ashed potato tnoosewith l:e and Vanilla mke.ley,� assorted dinner rolls, Caesar salad, minestrone Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade,assorted soft drinks Pepsi products, and bottle water 1-100 Cost: $12.75 101-500 Cost: $11.75 501-1000 Cost: $10.75 • Guest: 100,500, 1000 pricing Breakfast: 6:OOam-8:00am Hot Meal: Sausage biscuits and gravy, scrambled eggs, hash browns, Cold Meal: Assorted pastries, muffins, Danishcs, bagels,assorted cream cheese, salads tuna,egg and white fish..Whole fruits. Beverages: Coffee, to include creamers, stevia, bottle water, and Orange juice. 1-100 Cost: $10.00 101-500 Cost: $9.50 501-1000 Cost: $8.50 19 :7%5,8 3Y 4(. 1 . 73'7,J6 7 . 0111C0 ,,,., , „. e 301737.07a � '..'tetX.LT.Jfl4it'n^:1:i3.fi'L�k�"dw�«4 „ ,Et.tc ,,�W.i,%��:7:'+ Lr � �'`J1 A p © ` `�t +1R'�'U �' '64nA}h � }�,y R�67CF i% I Northet.g yttc 1 Ave. Maui Rath 33161 Lunch: 11:00 am-2:OOp m Hot Meal: Arrozo con polio,plantains, sautéed green beans, Cuban bread tossed salad with choice of dressings. Cold Meal: Vegetable platter, cheese grapes crackers. Hummus, assorted cold salads (chicken,and tuna) three beans pasta salad, and antipasto salad. Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade, assorted soft drinks pepsi products, and bottle water. HOT MEAL 1-100 Cost: $10.75 101-500 Cost: $8.75 501-1000 Cost: $7.75 COLD LUNCH 1-100 Cost: $9.50 101-500 Cost: $8.50 501-1000 Cost: $7.50 Dinner: 5:00pm-9:OOpm Hot Meal: Sweet and sour chicken, Broccoli beef, fried rice, stir fry vegetables, spring rolls,egg drop soup Rice pudding, coconut-cake, and fortune cookies. Beverages: Ice tea assorted includes garnishment of lemons, sugar and stcvia, lemonade,assorted soft drinks pepsi products, and bottle water. 1-100 Cost: $11.50 101-500 Cost: $10.50 • 501-1000 Cost: $9.50 Midnight Meal: 11i00pm-2:OOatn �,e eraliles egg rolls, egg drop soup Sweet and sour chicken, Broccoli beef, fried rice, stir fry' vegetables, Rice pudding, Coconut cake,and fortune cookies. Of e30, 738,3946 Td g 301737407 �NrDU.iS;.i:nL1s�at11p3NS(�l�iSl�iu,Mr ��,�,,;,:t?" si,=a• tl S i\tt 11 �..A • crin ?) .c. iiPP ' rxl, ' Vg6,14 :-t 4 x 'f I I:720 1 'r IrUiie r7%Ave Mud, .Flori de 331 1 Beverages: Ice tea assorted includes garnishment of lemons,sugar and stevia, lemonade,assorted soft drinks pepsi products, and bottle water. 1-100 Cost: $11.50 101-500 Cost: $10.50 501-1000 Cost: $9.50 Guest: 100, 500, 1000 pricing Breakfast: 6:00am-8:00am Hot Meal: Egg Frittata Muffin,assorted both veggie and meat. Home fries, sausage and assorted breads, croissants, butter and jelly, Cold Meal: Assorted Cereals, granola, Milk,and fruit salad. Beverages: Coffee, to include creamers, stevia, bottle water, and Orange juice. 1-100 Cost: $8.50 101-500 Cost: $7.50 501-1000 Cost: $7.00 Guest: 100, 500, 1000 Lunch: 11:00am-2:OOpin Hot Meal: Chicken Wings, Chicken Tenders, assorted sauces on side, macaroni cheese, and baked beans. Tossed salad with choice of dressings, dinner rolls with butter. Cold Meal: Assorted deli subs, and wraps to include vegetarian options. Potato salad,cole slaw, macaroni salad. Chips, and fruit. Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia, lemonade, assorted soft drinks pepsi products,and bottle water. HOT MEAL: 1-100 Cost: $10.00 101-500 Cost: $9.50 501-1000 Cost: $9.25 t71 ?3017* 946 T € y 3a:757.3627 Fax: 3 7 4 7 2 „,,,,,,to,v,,u m A Ny A !,,..tmulir,,,4;, , NapV,”,,,,,, 1,,,ff ,/, - . ,:-- ,.::„',4 , ;", 1p-7 1' 11730 Nor east?I An. , Maga, Hod& 33111 . COLD MEAL: 1-100 Cost: $8.50 • 101-500 Cost: $7.75 501-1000 Cost: $8.25 Dinner: 5:00prn-9:OOpm Hot Meal: Italian Station: Lasagna Meat and Vegetable, Chicken Parmesan, Eggplant Parmesan, Garlic rolls, Italian salad with vingcre`tte and crumble blue cheese. Italian wedding soup Canolis, cookies assorted. Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade,assorted soft drinks laepsi products, and bottle water. 1-100 Cost: $13.50 101-500 Cost: $12.50 501-1000 Cosi: $11.50 Midnight Meal: 11:OOpin-2:OOam Hot Meal: Italian Station; Lasagna -.,feat and Vegetable, Chicken. Parmesan, Eggplant Parmesan, Garlic rolls, Italian salad with vingerette and crumble blue cheese. Italian wedding soup Canolis, cookies assorted Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia, lemonade,assorted soft drinks pespi products, and bottle water. 1-100 Cost. $13.50 101-500 Cost: $12.50 501-1000 Cost: $11.50 Guest: 100, 500, 1000 pricing Breakfast: 6:O0,am-8:OOam Hot Meal; Oatmeal, to include raisins, hone', brown sugar Scrambled eggs, potato, and bacon assorted breads, and croissants, to include butter and jelly assorted. , Cold: Fresh whole fruit and yogurt. Beverages: Coffee, to include creamers, stevia, bottle water, and Orange juice. 1-100 Cost: $10.25 O:t ke 3 , /,x'8,3944 11 &o 3,. . 1.. . - 7r. QTY �:.. 4\f 1 ' r ' F' ' ft 1 q. ' ) ' tr *%', �:^u IOW' g ;l am�` 1/4,41-4 "- O7*.. t .. .i' I 11720 r we 2 q. Atiand, ROMIla3I1 101-500 Cost: $9.25 501-1000 Cost: $8.25 Guest: 100, 500, 1000 Lunch: 11:00am-2:00pm Hot Meal: Chicken and Talapia Francaise, penne marinara with broccoli and Italian bread with butter. Caesar Salad. Cold Meal: Turkey Platter, Cold Cut Platter, Cheese Platter, assorted chips, mini caprese salad, cabbage carrot balsamic salad, assorted olives platter,and assorted dinner rolls with all condiments. Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade,assorted soft drinks peps; products, and battle water. HOT MEAL: 1-100 Cost: $12.50 101-500 Cost: $10,50 501-1000 Cost: $10.00 COLD MEAL: 1-100 Cost: $9.50 101-500 Cost:$9.00 501-1000 Cost: $8.50 Dinnet: 5:QOpm-9:00pm Hot Meal: Carved NIeats: Smoked Ham,Slide turkey breast,Roast Beef, f, mixeey d bgownle e lsend, roasted garlic potato, American salad,assorted dinner roll with butter. Gra , Soup.-assorted pies, apple,coconut cream, and cherry. WO Office 305,7A3946 salwoutiaxi).73-6," Ftw, 3a757,0712 ,,ord_evotElvigainatt=tra=42= ,... q . \ i: r rzs 1 iN r .1 ,,,,r , r ..,-.1 94, q ,lz....61„. 1,—. 1 --4 1 ...:LA.,:il j c,4. p,.. • -,0 10 vz.VIglipic ,, Tq, 1 ii 720 Northeast I'd,. Ave, Mimi, Florida 33161 Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia, lemonade,assorted soft drinks pepsi products, arid bottle water. 1-100 Cost: $16.00 101-500 Cost: $15.75 501-1000 Cost: $15.50 Emergency Contact Number: 786-229-8638 Jennifer Berriel I .. _ Oke 3031,7583M Takeout 305,7323627 licez: 3617571712 I j-E . _0.0_ ....._ .,......, _„,,,_,., ......, , ,,, ;:. ,, ..,.., „,,m.. rwinwswr, — ii 726 NortheasaAt Ave Mi ':4 Flo 33H1 City of Miami Beach 1755 Meridian Ave. 3"1 Floor Miami Beach, FL 33139 Procurement Department ***SAMPLE MENU**** The following proposal includes catering personnel to maintain buffet area as well as seating areas cleaned and ready to serve at all serving times. Replenish buffet items and assist with services when needed throughout all stations,arriving, delivering, and setting up food areas, to include beverage stations,buffet stations, chafing dishes,sternos, disposable serving utensils, gloves,plastic ware to include, cups, coffee cups,plates,bowls, eating utensils,spoons, forks, knives,napkins. ***All plastic serving ware and eating utensils biodegradable*** Caterer will provide all condiments with the exception of hot sauce, and salsa individually wrapped for clients guest to take. Condiments will be provided based on menu items and caterers expertise: example: ketchup, mayo, mustard,blue cheese dressing, ranch dressing, vingerette dressing, jelly,raisins.Butter,brown sugar,honey, sweet and sour sauce,duck sauce,creamers, sugar, stevia, stirrers, and any other food related item the caterer may deem necessary to serve the below menus.Caterer will bring additional items of all menu items to provide adequate portions,for the client, and will maintain adequate staff at all time on the premises during serving times.. Staff of caterer will all have,SAFESTAFF certificate and trained in proper food handling. Caterer staff will dress uniformed and professional at all times on job site.The caterer will remove all garbage associated with food service of the event. Hot Meal: Oatmeal, to include raisins,honey,brown sugar Scrambled eggs,potato, and turkey bacon turkey sausage assorted breads, and croissants, to include butter and jelly assorted. Cold: Fresh whole fruit and yogurt. Beverages: Coffee,Hot tea,Bottle water to include creamers,stevia Bag Lunch: 6inch hoagie,pasta salad, cookie,and water Hot Meal: Chicken Parm, Penne Alfredo,broccoli, caesar salad, and garlic rolls. i eke 301P$8,3946 , i out 301. -.N7,3427 1 j = MAMFA --r r fic' L ri 4 r I ‘1/4- R' my ,: mom ' tfutkrfl 117 20N se I ,Ave. °. if,lerg 33161 Beverages: Ice tea assorted includes garnishment of lemons,sugar and stevia,lemonade,assorted soft drinks coca-cola products,and bottle water. Midnight Meal: Baked Chicken,Black Beans and White Rice,green beans,and Cuban bread with butter. Fresh green salad lettuce, cucumber, carrots, cabbage,and assorted dressing. Cookies-and brownies Beverages: Ice tea assorted includes garnishment of lemons,sugar and stevia,lemonade,assorted soft drinks coca-cola products, and bottle water. Hot Meal: Grits,Pancakes syrup and butter,Omelets cheese,and turkey sausage. Assorted breads, croissants, and jelly. Beverages: Coffee, hot tea, to include creamers,stevia,bottle water, Bag Lunch: 6inch hoagie,pasta salad, cookie, and water Dinner Meal: Meat Loaf with mashed potato with gravy,vegetable medley,assorted dinner rolls, Caesar salad,corn bread cookies and brownies Beverages: Icetea assorted includes garnishment of lemons, sugar and stevia,lemonade,assorted soft drinks coca-cola products, and bottle water Hot Meal: Pasta station, with penne pasta (choice of sauce to include Bolognese, alfredo, marinara,) Garlic rolls,meatballs,sausage,grilled chicken sliced, and peppers on side. Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade,assorted soft drinks coca-cola products, and bottle water. Hot Meal: Egg Frittata Muffin, assorted both veggie and meat. Home fries, sausage and assorted breads, croissants,butter and jelly. Cold Meal: Assorted Cereals,granola,Milk,and fruit cocktail. , Beverages: Coffee, to include creamers, stevia,bottle water, and Juice based on availability. Bag Lunch: 6inch hoagie,pasta salad, cookie, and water Rex:30 1757.0712 =twin b '`x tv+.•,**#'b+3ViYyye.:,:., ynyo- _ Yh`I#Yd'.1 Tir. ri, :Fr: 1\r: : riti c i ' a „ b � MAMA . —� E' 51...j i f f ,Jr- ,,,IL.5 ' T d i#nwr.,� I. .4 M �l xt Miami, Pion. . 3 'd Hot Meal: Pasta With Meatballs baked garlic rolls tossed salad,broccoli, cookies and brownies Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade, assorted soft drinks coca-cola products, and bottle water. Hot Meal: Chicken and Talapia Francaise, penne marinara with broccoli and Italian bread with butter. Caesar Salad. Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia, lemonade,assorted soft drinks coca-cola products, and bottle water. Hot Meal: Grits, Scramble cheese, and turkey sausage. Potato, Assorted breads,croissants, and jelly. Yogurt, and cereal Beverages: Coffee, hot tea, to include creamers, stevia, bottle water, juice Arroz con polio,plantains, Caesar salad Cuban bread, butter Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia,lemonade,assorted soft drinks coca-cola products, and bottle water. Dinner Meal: BBQ chicken, potato salad,kernel corn,and bread butter Beverages: Ice tea assorted includes garnishment of lemons,sugar and stevia, lemonade,assorted soft drinks coca-cola products,andbottle water Hot Meal: Meat Loaf with mashed potato with gravy,vegetable medley,assorted dinner rolls,Caesar salad, corn bread cookies and brownies Beverages: Ice tea assorted includes garnishment of lemons, sugar and stevia, lemonade,assorted soft drinks coca-cola products, and bottle water. Scrambled Eggs, turkey sausage,potatoes, oatmeal,cereal, fruit cocktail. Asst. drinks,asst. pastries Butter and jelly Chicken Fajitas, yellow rice, refried beans, beef tacos, cookies, and chocolate cake assorted sodas. Salsa, sour cream, and lettuce. Beef Broccoli, veggie chicken rice, egg rolls, Caesar salad,vanilla cake asst. beverages alike 301718.394 reiwolayantrer , Via:301,751.4712 MAMA ,......„ r: .P.. - rE - \r- r. r- rfil V •r 4 Ei ' Jr cej —,--_ ,._,,,,,-7-__ __, ‘,-,041,x,,,i aftmTERrirGinat140 '-'---;- - 11720 North-al' " V Are. 11-1, -,,, ,, Aw, 1 s l& -331 6 Picadillo,white iice,yucca with garlic oil, Caesar salad, Cuban bread butter,choc cake,asst beverage --, Please note we may have to substitute based on availability from our vendors we will make every accommodation to provide items on here or an adequate substitution,in addition we will • deliver provide the storm has passed Monday morning at 6:00am if not immediately thereafter when winds are below 35MPH. Emergency Contact Number: 786-229-8638 ,-- Jennifer Berriel City of Miami Beach ii ,,,- , %)/we 301U3946 Tatwout 311757,- 3117 Fx:305.737.6714. - _ _ C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with bid or within 2 days of request by the City, the required submittal(s)documenting compliance with each minimum requirement. 1. Bidder shall provide at least one (1) client reference for which it has provided catering services to at least 500 individuals for a single event. For each client reference, submit the name of the agency or firm, address, dates of service, contact individual, and contact's telephone number and email address. C2. Statement of Work Required. The City of Miami Beach is requesting bids from qualified vendors to supply 1,500 meals served daily, and delivered to City's designated facilities before, during and after an emergency or disaster, and special or planned events to include but not limited to; Spring Camp, Memorial Day Weekend, etc. Meals to be served include breakfast, lunch, dinner, and a midnight meal. The bidders responding to this bid must be able to provide freshly prepared meals within twenty four (24)hours notification from the City's assigned Project Manager. The bidder's price per meal shall include all labor costs and including, but not limited to, the following: overhead, set-up and tear down costs, profit, travel time, service charges, delivery, potable water, lodging, fuel, propane, gas electric, etc., generators, food products and transportation, beverages, all necessary catering equipment including refrigeration, serving items, carry out food containers, plates, utensils, napkins, to-go boxes, and any other fee, charge,or cost related to providing the service. Additionally, bidder shall set-up meals at the location assigned by the City at the time of order. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God, the City shall require a "First Priority"for goods and services. The Bidder agrees to rent/sell/lease all goods and services to the City on a "First Priority" basis. The City expects to pay contractual prices for all products and/or services under the awarded Agreement in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. C3. Group 1. Emergency Catering Services Anticipated disasters include, but are not limited to storms, hurricanes,,tornadoes, flooding, brush fires, homeland security activity, major police activity, etc. The City will provide a site or location for set up and operation as well as an estimated daily count for all meals to be provided at the site or location. This Contract will be activated immediately before or after an emergency event or disaster in the City of Miami Beach. The City reserves the right to exercise its discretion in making the determination of what constitutes a disaster or emergency event, and at what time the contract will be activated. Bidders are on notice that the City may give no more than twenty-four (24) hours' notice to the awarded bidder at which time the awarded bidder shall be expected to mobilize and be on site to provide the services contracted. In an emergency event setting, the City employees will be working outside under extremely difficult and stressful conditions that may also be potentially hazardous.This work will require stamina and ITB9=X52=1VG 27 the expenditure of a great deal of energy during the course of recovery operations. The weather will play a significant role (i.e. hot and humid conditions) and will require adequate hydration and proper nutrition to ensure relief of employees'stress and maintenance of their overall well-being, C4 Group 2. Special and Other Planned Events The City may request catering services for special or planned events which may include but not be limited to; Spring Camp, Memorial Day Weekend, etc. The City will provide a site or location for set up and operation as well as an estimated daily count for all meals to be provided at the site or location. C5 Menu Specification The Bidder shall provide a daily menu that includes foods that are visually appealing, appetizing and nutritionally sound. Each meal should include the USDA recommended servings of protein, grains, fruits and vegetables. Boxed meals shall be appealing, tasty, and travel well. Consideration should be given to providing a variety of foods ateach meal to ensure a choice for special dietary needs (i.e. vegetarian, diabetic, kosher, etc.). Insulated gel packs for use in boxed lunches should be used as appropriate. 1. All meals shall be prepared under national, state, and local health safety and sanitary conditions. 2. The successful Bidder shall comply with Federal, State, and Local guidelines governing health and food service sanitation. 3. All food and food products shall be stored and served at the recommended temperatures. 4. The successful Bidder shall provide proper containers (microwave-safe for boxed hot meals) and utensils for all meals. Recyclable materials shall be used when commercially available. 5. Recyclable materials shall be used when commercially available. 6. No expanded-polystyrene material shall be used. 7. No Styrofoam products shall be accepted. 8. The usage of non-disposable or disposable item shall be included in the price. Serving items shall include: disposable Items: 9" disposable round dinner plates, 7.5" round dessert plates, serving trays, portable aluminum buffet hot and cold, plastic tablecloths.(round, rectangular or square), 8oz. cups hot/cold, plastic forks,. knives and spoons, paper napkins, plastic serving spoons, forks and tongs, plastic punch bowls,coffee stirrers, individually wrapped straws, and ice where needed. 9. Bidders are encouraged to use packaging that does not contain packaging inks, dyes, pigments, adhesives, stabilizers, and additives with levels of lead, cadmium, mercury or hexavalent chromium in packaging inks, dyes, pigments, adhesives, stabilizers, and additives equal to or greater than 100 parts per million, which is consistent with packaging statutes adopted by 19 U.S. states. The following exceptions apply to this heavy metal threshold recommendation for packaging: a) Packaging made from recycled materials. b) Packaging that is essential to the protection, safe handling, or function of the package's contents(e.g., medical product and devices). c) Packages and packaging components for which there is no feasible alternative. ".r. . ITB 2019-052-WG 28 d) Reusable packaging for products that are subject to other federal or state health, safety, transportation, or disposal requirements (i.e,, hazardous waste). e) Packaging having a controlled distribution and reuse (i.e., beverage containers subject to mandatory deposit requirements). f) Packaging or packaging component that is glass or ceramic where the decoration has been vitrified and when tested, and meets specific requirements. For a full explanation of exceptions, see Section 5/Exceptions, Toxic in Packaging Clearinghouse Model Legislation, available at: http://toxicsinpackaginq.orq/model- legislation/model/ 10. The successful Bidder shall provide all meals in a 1-1/2 portion serving size: 11, The successful Bidder shall not serve leftovers. Any leftover meals purchased by the City shall become the property of the City, and therefore, shall remain with the City after each meal service. 12. The successful Bidder must provide emergency contact telephone numbers that will allow twenty-four(24) hours, seven (7)days per week contact. 13. The successful Bidder must maintain adequate supplies on hand, and is responsible for re-stocking its supplies. 14. The successful Bidder shall be responsible for the disposal of all waste material and garbage; waste materials will not be disposed of in any City owned or leased containers. 15. The successful Bidder shall provide beverage (including bottled water) with each meal. 16. Accompaniments/Condiments: To be included in total cost per person. Condiments: salt, pepper, regular sugar, sugar substitute, mustard, ketchup, mayonnaise, relish, and/or sauce will be provided in individual sealed packets. Salad dressings provided up to three(3)choices. The Bidder shall develop and provide a menuthat addresses a five (5) day period (refer to the sample menu below). The menu provided by the Bidder shall also include alternate meals for each, meal time that will: 1.) accommodate those employees with religious and/or dietary requirements; and 2.) provide boxed"to-go"meals available to City employees unable to leave their posts. Breakfast, Dinner and Midnight Meals shall be hot cooked meals and served at the appropriate temperature. Lunch Meals may be hot cooked meals and/or cold meals at the City's option. Each Meal must have a choice of at least 2 types of protein. ITB 2Q19-052- G 29 Sample Menu : :1BreaMfasf Option Selection_ Serving Size Scrambled eggs 1 each One of the following:'ham, bacon, or sausage 1 each One of the following:grits or hash brown. 1 each Variety:assorted cereals or Oatmeal 1 each Assorted breads and pastries 1 each Fresh fruit or yogurt 1 each Beverages: bottled water,juice, coffee(decaf and regular)or tea 8 oz.per each Options Serving Size 6' Sandwich on one of the following: chicken, ham, roast beef, tuna, assorted Reuben, or veggie 1 each breads, /Wrap Whole fruit variety: apple, orange, or banana 1 each Dessert variety: cake, cookies, pudding, or brownies 1 each Snack variety: assorted potato chips,or pretzels 1 each Beverages variety: bottled water, juice, and assorted Coca-Cola 1 each beverages :2B:Lunch(hot) . Options Serving Size one of the following: brisket, grilled chicken breast, Hot entrée meatballs, chicken fajitas, hamburgers/cheeseburgers, 1 each pulled pork. one of the following: French-fries, cornbread stuffing, potato Sides option, rice,salad, coleslaw,or baked macaroni&cheese 1 each Whole fruit variety: apple,orange, or banana 1 each Dessert variety:cake, cookies, pudding,or brownies 1 each Snack variety: assorted potato chips,or pretzels 1 each Beverages variety: bottled water, juice, and assorted Coca-Cola 1 each beverages 2C Lunch(Boxed To-Go Meal)' Options Serving Size 6"Sandwich on one of the following: ham, roast beef, turkey, grilled chicken assorted breast, tuna, steak, chicken salad, Reuben, or veggie and 1 each breads/Wrap assorted cheese,lettuce,tomatoes Snack variety: assorted potato chips,or pretzels 1 each Dessert . variety: cake, cookies, pudding,or brownies 1 each ITB 2019-052-WG 30 variety: bottled water, juice, and assorted Coca-Cola beverages Beverages 1 each • 3 t3tnrer < Options Serving Size. Hot entrée one of the following: pork chops, fried chicken tenders, fresh 1 each fried catfish, BBQ chicken, steak, pasta Sides one of the following: green beans, baked beans, potato 1 each option, rice, salad,coleslaw, baked macaroni&cheese Dessert variety: cake, cookies, pudding,or brownies 1 each Beverages variety: bottled water,juice, assorted Coca-Cola beverages, 1 each • and coffee(decaf and regular),or tea A' ,--Midnight Meal : Options Serving Size Hot entrée one of the' following: meat loaf, lasagna, chicken, 1 each hamburger/cheeseburger, or pizza one of the following: green beans, baked beans, potato Sides option, rice, salad, coleslaw, or baked macaroni &cheese; 1 each Dessert variety:cake; cookies; pudding; brownies 1 each Beverages variety: bottled water, coffee Sdecaf and regular),or tea 1 each Options Serving Size variety: protein bar; chocolate bar; assorted chips; peanuts: cookies; cheese 1 each crackers; pretzels; fruits Depending on the nature of the emergency, the City will strive to provide at least 24 hours' notice of activation. At that time, the City will inform the successful Bidder, either verbally or in writing, of the nature of the emergency, the site or location, the type of food or meals required the estimated quantity of food required, serving times, name and contact information for the City's liaison, and other relevant information. The City will provide the successful bidder with a written 24-hour notice to shut down operations. Each meal (breakfast, lunch, dinner, snack) shall have a vegetarian option at the request of the City. The successful Bidder shall provide an adequate number of employees to operate each site, These employees shall be clean and courteous to the public. Employees must have a current health department certification and have completed all required instructions and medical requirements. Delivery times: The Bidder shall deliver the meals at the following times: Breakfast 6:00 am–8:00 am Lunch 11:00 am–2:00 pm Dinner 5:00 pm–12:00 am --.78-2797-727–"NT 31 Midnight 12:00 am—2:00 am The following sites may be designated feeding sites: 1. Emergency Operation Center, 2310 Pinetree Drive, Miami Beach 2. Miami Beach Police Department, 1100 Washington Ave, Miami Beach 3. Miami Beach Police Athletic League (PAL), Flamingo Park 945-11th Street, Miami Beach 4. Scott Rakow Youth Center, 2700 Sheridan Ave, Miami Beach 5. North Shore Park and Youth Center, 501 72nd Street Miami Beach 6. Terremark Building 2s, Biscayne Blvd, Miami l_ ZO -05.z,_...G. .._ 32 PROPOSER CERTIFICATION I hereby certify that: I, as anauthorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement.Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal;Proposer acknowledges that, all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;allresponses,data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Sig e of Proposer's Authorized Representative: Date: C kl-Z (0- 1c i State of FLORIDA ) On this Z.cday of ,-2o ersonally } appeared before me nratv-Vxrriekwho County of 1--ki.P 2->cto. stated that (s)he is the inuo a_r of OW& n iCw, a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. r s e me: Cdi I Nota, ,blic for the,a e off_.. ,•,AY a��, WENOELLfs GEDRGEs ! My 'mm•sion Expires: 1 — el-QA . '�• ^;�; NotaryPublic-State cfFlorida 0 • ° Commission:4 GG 120042 0 1\/'1,6.7. Mfg; My Comm.Excires)un29,2021 ITB 2019-052-WG 23 • Ac�e CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DONYYY) t.1 1:1/26/18 " THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the po)icy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate dons not confer rights to the certificate holder in lieu of such endbrsement(s). PRODUCER CON CAC I 1ST PREFERRED INSURANCE LLC NAME: - PHONE (954)485-8000- - (c.ND).(954)776-9806 2748 E Commercial Blvd a Lo Fort Lauderdale, FL 33308 AWEmbilly@lstpreferredins.com ( INSURER(S).AFFORDING COVERAGE NAICS INSURER A:Burlington Ins. Co. INSURED Exceptional Caterers Inc: INSURER'B:Mount Vernon Fire' Ins. Co. Mama Jennies INSURER c.:Terchnology Insurance 11720 NE 2nd Ave.. INSURER D: r North Miami, FL 33161 INSURER E: 305-754-0111 . INSURER F: COVERAGES • CERTIFICATE NUMBER: REVISION NUMBER: THIS IS'TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED'TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.i NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH.THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS'SUBJECT TO'ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ASDL SUER POLICY EFF POLICY EXP LTR • TYPE OF INSURANCE INSD ten POLICY NUMBER (MM(DD/YYYY) (MMNDOIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000',000 CLAIMS-MADE El OCCUR UAh1ALit+u HENitu PREMISES(Ea occurrence) -3 100,000 X 0 . . ).fEO EXP(Any ona ae(son).• S 5,000' A x 0 359B512335 12/5/2018 12/5/2019 Y Y PERSONAL,SADV INJURY S 1,000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE. S 2,000 000 Xi • POLICY 0 PRO - (� ,. /ECT f 1 LOC PRODUCTS-COMP/OPAGG 'S' .2,-000',000 OTHER: s AUTOMOBILE LIABILITY COMBINED SINGLE UMI) 5 (Ea Accident) _ — ANYAUTO • BODILY INJURY(Per person) •5 ALL OWNED —SCHEDULED . AUTOS AUTOS • BODILY INJURY(per 1>cctdent) s HIRED AUTOS NON-OWNED PROPER IY,DAMAGE . _AUTOS (POrauidCnt .S $ UMBRELLA LIAB OCCUR i - EACH,:OCCURRENCE • 'S EXCESS LIAB CLAIMS-MADE AGGREGATE . . S DED RETENTION S • S . WORKERStCOMPENSATION _- PER OfH• AND EMPLOYERS'LIABILITY STATUTE . ER Y'"Y PROPRIETORfPARTIERADOCUTNE TWC3695778 3/7/18 3/7119 -E-L.EACHACCIDENT . . S. 1. 000 000 C AN OFFICERnMEOSER EXCLUCED7 a N(A , , (Mandatary in NH) EL,DISEASE•.'EA EMPLOYE 3 1,000,000 If yes,describe under DESCRIPTION'OF OPERATIONS below E.L.DISEASE-POLICY LIMIT •S 1,000,000 B Liquor Liability CL2657867E 12/5/1812/5/19Each Occ. $1,000,000 I Gen. Agg. $1,000,0.00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORO 101.Additional Remark,Scnbdulo,may be attached if more space is required) Insured. is a caterer located at 11720 NE '2nd Ave., North Miami, FL 33161. Mama Jennie's will be catering an event from 5/25-5/28/18 The Certificate Holder is named as Additional Insured CERTIFICATE HOLDER . CANCELLATION: City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED"POUCIES BE CANCELLED BEFORE C/O Procurement De artment THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Covention Center Drive Miami Beach, FL 33139 AUTHORr R PRESENT VE . I O 1988-2014ACORD CORPORATION. All rights reserved. • ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD - Kr- A\ m rENNT- .12!ja AL1AN RE TA.0 �T. &CATERING • Ronda Iyibi December 7,2018 7,7 N r William`Garyiso,sCPP�B„ _ W ft , , . Procurement Contracting Officer II RE: ITB 2019-052-WG APPENDLZ.A 3. Conflict of interest Mama Jennie's Italian Restaurant has no affiliation with any officers,or employees of the City of Miami Beach. 4. References:Past performance similar in scope. 1.WSVN Name:Diane Jarmillo,Business Manager Phone:305-795-2623, Email: djaramillo@wsvn.com Address:.1401 79 Street North Bay Village,Fl 33311 `'Scope of work performed:Emergency catering services during Hurricane Wilma,Michael,and Irma preparing Breakfast lunch and dinner daily for 150 people.With less then 24 hours notice. 2. City of North.Bay Village Name:Ana Gonzalez Phone: 305-758-2626 Email:agonzalez(a,nbvillage.com Address: 1669 79ST CAUSEWAY NORTH BAY VILLAGE,.FL Scope of work performed-Emergency catering services during Hurricane Irma preparing food daily for officer and city personnel.Breakfast,lunch,and dinner. 3. MS Society Name:Monica Whiting,Senior Director Leadership Events Phone: 954-676-3925 Email:Monica.Whiting@nmss.org Address: 3125 W Commercial Blvd.,Suite 100 Fort Lauderdale,FL 33309 Scope of work ofperformed::Annual MS Bike Run Key Largo,FL Prepare food through out the weekend including Breakfast,lunch,dinner,bike stop snacks for approx. 1200 people for 3 days. Setup Obfike 30.7S&P i 4 'Takeout3650 7S7.3 iS/2 Se9rISTSOF Pfflomin 9846C8f4Ter sate muoa•saruua fumutmu•mmm 8£99-6ZZ-98L jatzzag zapuua j -0.6x0-1 r-I 4uamuantazag puu`aAtaj djran j papaw`anuarl 3jais saaAojduzg MO majjo op a&•saadojdmua aura jjn3 Ls uamp ssaj saaAojdmua own ssautsng litmus u st •ouj 3utzntpsou uuti-tm scatuua f i wi p :szamurtd opsamuou rprm saadojdmug put sasnods tpi saaAojduzg zoj siiauag jinbH •6 r•Luzo3 sanjTH}o apop sauto amp 4dopu put urs 01 uasogo aeugj am•L •paOpajmounjai put`paa1.2y•9 .osztI da}I ur aurj mjsruu oa.2urpuaj s31ztd aazmjp `ijpnos ma;t.&utas suouuaoj dims ajdpjnjj -Sup alp;rio zj2nortp small&urmjsruajdaz put&uuols 2tmjooa `a;rs uo uampinj MIA'oil:4W V- MIN wird i maze ; iq we4f. , GREATER MIAMI CHAMBER OF COMMERCE, MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The.Greater Miami Chamber of Commerce ("GMCC") seeks to create and sustain_an ethical business • ! climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may incorporated into marketing materials.. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement ofrinciples to help guide decisions and actions based on respect for the importance of ethical business standards in the community,-The GMCC believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. Compliance with Government Rules &Regulations • . We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; • in dealing with government agencies and employees, we will conduct business in accordancewith all applicable rules and regulations and in the open; • We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection & Compensation of Vendors and Suppliers • We will avoid conflicts of interest and disclose such conflicts when identified; • Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such.a kickbadk. Business Accounting •. All cur financial transactions will beproperly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret '• accounts. Promotion and Sales of Products and Services ; • Our products will comply with all applicable safety and quality standards; • We will promote and advertise our business and its productsor services in a manner which is not misleading and does not falsely disparage our competitors; Doing Business with the Government • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism areunacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the, unsuccessful bidder; • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all • contracting and subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation in.political campaigns. Publid Life dnd Political Campaigns • We encourageall employees to participate in community life, public service and • the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and '. community issues; • Our contributions to'political parties, committees or individuals will.only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • • We will not contribute to the campaigns. of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information or support those who do. \A'asona <re.. rit e"."S '1G)ttcan Q C�o�rtpangLName Co)porate OfficerNILElZ�Lc S `to� t' r n� enc • Date 1 EXHIBIT D INSURANCE REQUIREMENTS MIAMIBEACH BEAcH INSURANCE REQUIREMENTS • This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000;000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual-Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2019-052-WG 40