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07-07-2015 Agenda Item 5D Backup - RFP Kosher Subway Food Program Management Services AgreementCITY OF AVENTURA REQUEST FOR PROPOSAL 15- 06 -01 -2 is I law' � `! r R� !E ■. Now 10 M now:! NMI 1 nNrrr 1 r IV KOSHER SUBWAY FOOD PROGRAM MANAGEMENT SERVICES SUBMITTAL DATE: Monday, June 1, 2015 2:00 P.M. ISSUING DATE: Friday, May 1, 2015 Aventura City of Excellence School Name of Sponsor The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal and, where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and /or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at hit :Ilwlvw.ascr.zrsda. rov/eom lain,. ilit? g mightml or at any USDA office, or call (866) 632 -9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S. W., Washington, D.C. 20250 -9410, by fax (202) 690 -7442 or email at program.intakeld;usda.gov. Individuals who are deaf, hard of hearing, or have speech disabilities and wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) 877 -8339 or (800) 845 -6136 (in Spanish). Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by email_ If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720 -2600 (voice and TDD). USDA is an equal opportunity provider and employer. TABLE OF CONTENTS CONTENTS: PAGE # FORMAL REQUEST FOR PROPOSAL ...................................... ..............................4 SECTION 1 GENERAL INFORMATION AND INSTRUCTIONS . ..............................5 SECTION 2 GENERAL CONDITIONS ..................................... .............................27 SECTION3 SCOPE ........................ ...........................30 SECTION 4 SCHOOL FOOD AUTHORITY RESPONSIBILITIES ..........................30 SECTION 5 FOOD SERVICE MANAGEMENT COMPANY RESPONSIBILITIES ......................... .............................32 SECTION 6 INVOICING AND PAYMENT ................................. .............................34 SECTION7 USDA FOODS ..................... .... .. .............................35 SECTION 8 PURCHASES /BUY AMERICA/AMERICAN- .............................. I ..... - 37 SECTION 9 USE OF FACILITES AND EQUIPMENT ................ .............................38 SECTION 10 SANITATION .................... ............... .............................40 SECTION 11 EMPLOYEES ................... ............ .............................40 SECTION 12 DESIGNATION OF PROGRAM EXPENSE ......... .............................42 SECTION13 FEES .............................. ................ .............................44 SECTION 14 REVENUE ................ ........... .............................45 SECTION 15 LICENSES, CERTIFICATIONS AND TAXES ....... .............................46 SECTION 16 RECORD KEEPING ............................................. .............................46 SECTION 17 TERMS AND TERMINATION. .......... - _ ........................................... 47 SECTION 18 GENERAL CONTRACT TERMS .......................... .............................49 2 SECTION 19 FOOD SPECIFICATIONS ................................... .............................51 PROPOSALSUMMARY .................... ..... .............................54 EXHIBIT A, SITE INFORMATION LIST NATIONAL SCHOOL LUNCH PROGRAM ............. ............................... 56 EXHIBIT B, PART 1 Food -Based Meal Pattern 21 -Day Cycle Menu for K — 8th Grade Lunch........................... . ............................... 57 EXHIBIT B, PART 2 Food -Based Meal Pattern 21 -Day Cycle Menu for K — 8th Grade Breakfast... ................. .............. ............................... 6Q EXHIBIT C FOOD -BASED NUTRITION STANDARDS FOR MENU PLANNING NATIONAL. SCHOOL LUNCH PROGRAM & SCHOOL BREAKFAST PROGRAM ...................... .............................63 RESPONDENT'S CERTIFICATION ..................... ........ ......65 SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a) FLORIDA STATUTUES, ON PUBLIC ENTITY CRIMES ....... .............................67 BUSINESS ENTITY AFFIDAVIT ............................... .......-.•....•...•••••....70 "NO BID OR PROPOSAL" RESPONSE ..................................... .............................72 REFERENCES........................ .......... .............................73 DRUG -FREE WORKPLACE AFFIDAVIT ................................... .............................75 ................................... ............................... ................76 3 REQUEST FOR PROPOSAL RFP # 15- 06 -01 -2 CITY OF AVENTURA FOOD PROGRAM MANAGEMENT SERVICES The City of Aventura, Florida, (the "City ") is requesting proposals from qualified firms to provide the Aventura City of Excellence School with food program management services. All proposals shall be received at the address below, until 2:00 P.M. (EST), MONDAY, JUNE 1, 2015 at which time they will be opened and read aloud. RFP # 15- 06 -01 -2 Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Submittals must be received no later than 2:00 P.M. on Monday, June 1, 2015 and clearly marked on the outside "RFP # 15- 06 -01 -2 FOOD PROGRAM MANAGEMENT SERVICES ". Late submittals will not be accepted. Interested parties may obtain the Request for Proposal (RFP) package from www.demandstar.com or www.cit ofaventura .com /financefbids.shtml, on or after Friday May 1, 2015. The RFP package contains detailed information about the Statement of Work, Proposal submission requirements and selection procedure resulting from this RFP. Any or all questions should be submitted in writing by email to Indra Sarju, Purchasing Agent at sar tui cityofaventura.com. Pursuant to City Code Sec. 2 -260 (Ordinance 2002 -12), public notice is hereby given that a "Cone of Silence" is imposed concerning this City's competitive purchasing process, which generally prohibits communications concerning the RFP from the time of advertisement of the RFP until the beginning of the City Commission meeting at which the City Manager makes a written recommendation to the City Commission concerning the competitive purchase transaction. Please see the detailed specifications for the public solicitation for services for a statement fully disclosing the requirements of the "Cone of Silence ". The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities and to request re- proposals on the required materials or services. t Eric M.FSoroka, I A -CM City Manager 4 SECTION 1 GENERAL INFORMATION AND INSTRUCTIONS 1.1 Notice of Proposal This solicitation is a Request for Proposal ( "RFP ") to provide the Aventura City of Excellence School ( "ACES ") with food program management services, referred to herein as the School Food Authority ( "SFA "). The commercial enterprise or organization submitting a proposal is referred to as the Food Service Management Company ( "FSMC "). Meal programs will include the United States Department of Agriculture ( "USDA ") National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program, and/or Summer Food Service Program. The Aventura City of Excellence_ School is a public charter school located in Aventura, Florida. The goal of the Food Service Program is to rp ovide students with healthV breakfasts and lunches that meet USDA guidelines. Kosher --like meals are preferred but are not re uired. 1.2 Proposal Submission In order to facilitate review of the proposals, each proposer must submit an original with one (1) CD that contains a single PDF file that contains your entire response in the order as presented in the Proposer's document, including any attachments plus five (5) additional copies with CDs of the RFP response on or before the submission deadline indicated herein. An original and five (5) copies of each proposal must be received no later than 2:00 P.M. on Monday, June 1, 2015 at the below address. Responses should address each of the requirements set forth in this RFP. Proposals received after 2:00 P.M. on Monday, June 1, 2015 will result in rejection of the proposal. RFP # 15- 06 -01 -2 Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 1.3 Questions and Site Visits Questions concerning this RFP and requests for a site visit can be submitted in writing via email to sarjui cx cityofaventura.com on or before Monday, May 11, 2015 at 5:00 P.M. All responses to questions received will be made in writing on or before Tuesday, May 26, 2015 at 5:00 P.M. and sent to all potential FSMCs. 1.4 Addenda Revisions causing modification of the RFP documents, by addition, deletions, clarifications or corrections will be issued in writing prior to the opening of proposals. THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A PROPOSAL TO THE OFFICE OF THE CITY MANAGER ON OR BEFORE THE STATED DATE AND TIME OF: MONDAY, JUNE 1, 2015 AT 2:00 P.M. IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER, THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE. ANY PROPOSAL RECEIVED AFTER THE DATE AND TIME STATED IN THE SOLICITATION TIMETABLE IN THIS REQUEST FOR PROPOSAL WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. TELEGRAPHIC OR FACSIMILE PROPOSALS SHALL NOT BE CONSIDERED. Hand - carried Proposals may be delivered to the above address during the City's regular business hours, Monday through Friday, excluding holidays observed by the City, but not beyond the Due Date and Time. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required information appears on the outer wrapper or envelope used by such service. The Proposal must be signed by an authorized officer of the Proposer who is legally authorized to enter into a contractual relationship in the name of the Proposer. The submittal of a Proposal by a Proposer will be considered by the City as constituting an offer by the Proposer to perform the required services, and /or provide the required goods, at the price stated by the Proposer. 1.5 Acronyms/Definitions For the purposes of this Request for Proposal (RFP), the following acronyms /definitions will be used: ACES: Aventura City of Excellence School. City /Owner: City of Aventura or designated representative when appropriate. Commission_ The term Commission as used throughout this document will mean the City Commission of City of Aventura, Florida. Competitive Solicitation: Means an invitation to bid, a request for proposal, or an invitation to negotiate. Contract: Shall refer to the Contract that may result from this RFP. Contractor: The organization(s) /individual(s) that is awarded and has an approved contract with the City for the services identified in this RFP. Due Date & Time: Shall refer to the due date and time listed in the Solicitation Timetable of this Solicitation. Evaluation Committee: An independent committee comprised solely of City representatives established to review proposals submitted in response to the RFP, score the proposals and recommend a Proponent(s). FDACS: Florida Department of Agriculture and Consumer Services. FSMC: Food Service Management Company. FSS: Florida State Statutes May: Indicates something that is not mandatory but permissible. offeror: Shall refer to any offeror(S) submitting an Offer in response to this RFP. Proponent: Organization /individual submitting a bid /proposal in response to this RFP. Proposal: Shall refer to any offer(s) submitted in response to this RFP. Proposer: Shall refer to anyone submitting a Proposal in response to the RFP, Provider or Successful Proposer. Shall refer to the Proposer receiving an award as a Result of this RFP. Request for Proposal, RFP, RFQ or Solicitation: Shall mean this Request for Proposal including all Exhibits and Attachments as approved by the City and amendments or change orders issued by the City. Responsible Vendor: A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance Responsive Bid /Proposal: A bid or proposal or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. SFA: School Food Authority. Shall /Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement will, if material, result in the rejection of a proposal as non - responsive. Should: Indicates something that is recommended but not mandatory. If the Proponent fails to provide recommended information, the City may, at its sole option, ask the Proponent to provide the information or evaluate the proposal without the information. Failure after demand will result in rejection. Sub - Contractor & Sub - Consultant: Shall refer to any person, firm, entity, or organization, other than the employees of the Successful Proposer, who contract with the Successful Proposer to furnish labor, or labor and materials, in connection with the Work or Services to the City, whether directly or indirectly, on behalf of the Successful Proposer. USDA: United States Department of Agriculture. Work, Services, Program, Project or Engagement: Shall refer to all matters and things that will be required to be done by the Successful Proposer in accordance with the Scope of Work and the Terms and Conditions of this Solicitation. 1.6 Request for Pro oral SUBJECT: FOOD PROGRAM MANAGEMENT SERVICES OPENING DATE & TIME: MONDAY, JUNE 1, 2015 @ 2:00 P.M- SUBMIT TO: RFP # 15- 06 -01 -2 Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RFP NUMBER: 15- 06 -01 -2 1.7 Intent The City of Aventura, Florida (the "City ") is inviting the submission of proposals from qualified firms to provide FOOD PROGRAM MANAGEMENT SERVICES for the City. Subsequent to the City Commission's adoption of a Resolution authorizing the City Manager to negotiate an agreement with the highest ranking firm, the City will enter into an agreement with a contractor. By submitting a proposal, a proposer agrees to be the contractor if awarded. 1.8 Licensed All firms must be licensed to do business in Florida and be in good standing with Miami - Dade County and the City of Aventura and give the City of Aventura priority status. Must be in full compliance with all local codes, OSHA Safety Standards, and The State of Florida ADA Code (as amended from time to time) will apply. 1.9 Background The City of Aventura was incorporated on November 7, 1995 in Miami -Dade County. Aventura is 3.2 square miles located on the Intracoastal Waterway in Northeast Miami - Dade County and is conveniently located between Miami and Fort Lauderdale just east of 1 -95. The northern boundary of the City is the Miami - Dade /Broward County line, the western is the FEC Railroad, the eastern is the Intracoastal watery and the southern boundary is NE 176th Street. 1.10 Minimum Requirements All firms must meet the following minimum requirements: 1. Federal Employers Identification number (FEIN) 2. Local Health Department Certification 3. State of Florida Food Service License 4. Food Handling Certificate 5. Valid Business Tax License 6. Must be able to provide proper insurance as determined by the City's Risk Manager 1.11 Default/Failure To Perform The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful proposer to meet any terms of this agreement, the City will notify the Company that within three (3) days (weekends and holidays excluded) they must remedy the default. Failure on the Company's part to correct the default within the required three (3) days shall result in the contract being terminated and upon the City notifying in writing the Company of its intentions and the effective date of the termination. The following shall constitute default: 1. Failure to perform the work required under the contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the contract. 2. Failure to begin the work under this contract within the time specified. 3. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. 4. Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency, or making an assignment renders the successful bidder incapable of performing the work in accordance with and as required by the contract. 5. Failure to comply with any of the terms of the contract in any material respect. 1.12 Cancellation The City of Aventura reserves the right to cancel this contract by written notice to the Contractor effective the date specified in the notice should any of the following apply: 1. The Company is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his /her services in a manner satisfactory to the City. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. 2. The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. The Company shall agree to indemnify and hold harmless and pay on behalf of the City, for any liability and/or legal costs arising out of any claims and litigation related to the services provided, including any actions that may arise from allegations regarding determination of appropriateness or inappropriateness of care or any acts, errors or omissions related to the service provided. 1.13 Rights to Audit The Company may be subject to audit by federal, state and local agencies pursuant to this contract. The Company shall maintain adequate records to justify all charges, expenses and cost incurred in performing the services hereunder for at least five (5) years from the date of contract ending date. The City shall have access to such books.. records, and documents for the purpose of inspection or audit during normal business hours at a place convenient and agreeable to the Company and the City. 1.14 Submission of Proposal Incurred Expenses: The City is not responsible for any expenses which proposers may incur preparing and submitting proposals called for in the Request for Proposals. Interviews /Food Sampling: The City reserves the right to conduct personal interviews /Food Sampling or required presentations on all proposers prior to selection. The City will not be liable for any costs irs incurred by the proposer in connection with such interviews /presentations (i.e. travel, accommodations, etc.). Proposal Acknowledge: By submitting a proposal, the proposer certifies that the proposer has fully read and understands the proposal method and has full knowledge of the scope, nature and quality of work to be performed. Request for Additional Information; The proposer shall furnish such additional information as the City of Aventura may reasonably require. This includes information which indicates financial resources as well as ability to provide the system and /or services. The City reserves the right to make investigations of the qualifications of the proposer as it deems appropriate, including but not limited to, a background investigation conducted by the City's Police or Community Development Departments. Acceptance /Rejection /Modification to Proposals: The City reserves the right to reject any and all proposals, and to waive minor irregularities in the procedure. Proposals Binding: All proposals submitted shall be binding for one hundred twenty (120) calendar days following opening. Proposal Withdrawal: Proposers may withdraw their proposals by notifying the City in writing at any time prior to the scheduled opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide receipt for the proposal. Proposals, once opened, become the property of the City and will not be returned to the Proposers. Proposal Disclosure: Upon opening, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke in writing the exemptions to disclosure provided by law in the response to the RFP by providing the specific statutory authority for claimed exemptions, identifying the data or other materials to be protected, and stating the reasons why such exclusion from public disclosure is necessary. 1.15 Conditions of Proposals Late Proposals — Proposals received by the City after time specified for receipt will not be considered. Proposers shall assume full responsibility for timely delivery at the location designated for receipt of proposals. 11 2. Completeness — All information required by this RFP must be supplied to constitute an acceptable proposal. 3. Public Opening — All proposals will be publicly opened at the time and place specified. Proposals may be reviewed by any person at such time as the City provides notice of an intended decision or upon the passage of thirty (30) days after opening the proposals, whichever is earlier. 4. Award Presentation — The City Manager will present to City Commission for acceptance and final award, one (1) or more of the proposals, or reject all proposals, within one hundred and twenty (120) calendar days from the date of opening of proposals. 5. Oral Presentations — Proposers may be requested to provide oral presentations to the Evaluation Committee. 1.16 Procedure for Review A Committee has been established to review and evaluate all proposals submitted in response to this RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this RFP. The Committee will first review each proposal for compliance with the minimum qualifications and mandatory requirements of the RFP. Failure to comply with any mandatory requirements will disqualify a proposal. The City's Purchasing Agent will notify all proposers whose proposals are within the competitive range. The competitive range is determined by the City, and will include all proposals with a reasonable chance of being selected for award, considering experience and other pertinent factors based upon evaluation criteria. The City reserves the right to reject any and all proposals and to waive minor irregularities in the proposal. The City further reserves the right to seek new proposals when it is in the best interest of the City to do so. 1.17 Evaluation Criteria A Review Committee will evaluate the written proposals. Evaluation will include the following criteria: • Experience and Qualifications — 10 points o Please provide 2 -3 references from schools you currently operate a NLSP program. Companies with experience with the NSLP and SBP will be given 5 points. Remaining points will be allocated based on company experience and background in catering meals to schools and similar entities. 0 • Staff Development and Training — 5 points o The FSMC must train their food service employees on all regulations regarding running a successful and compliant National School Lunch Program, including Civil Rights annually, • Ability to Provide Kosher -like Meals — 15 points c Kosher -like meals are preferred but are not required. • Menu Planning — 20 points c Provide menus with a variety of items that meet the approved NSLP Meal Pattern. • Price — 50 points o The proposer with the lowest price will receive all 50 points. The second lowest proposer will receive 45 points. The third lowest proposer will receive 40 points and so on in decreasing succession by 5 points. 2. The highest ranked proposals will be identified and those firms will be requested to make a formal presentation before the selection committee. The selected firms will then be ranked according to the content of their presentations. The City Manager will then recommend that the City Commission adopt a resolution authorizing the City Manager to negotiate an agreement with the highest - ranking firm to provide FOOD PROGRAM MANAGEMENT SERVICES for the City as the Contractor. 1.18 Additional Information /Clarifications Information provided by the City is to facilitate proposals. Effort was made to provide necessary and accurate information when this request was prepared, but the City is not to be penalized for any lack of completeness. Accuracy of this data is not guaranteed. It is the sole responsibility of proposers to assure that they have all information necessary for submission of their proposals. Any questions relative to interpretation of specifications or if more information is needed, please contact the Indra K. Sarju, CPPB, via email before Tuesday, May 26, 2015 at: sari uiQcityofaventura.com. 1.19 Information Required of Proposer In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that the proposals be organized in the manner specified. A. Proposal Format: Proposal shall be in the following order: 13 Title Page, Table of Contents, Letter of Introduction, All documents requiring signatures (i.e. Proposal Certification Form, Questionnaire, Drug Free Workplace, etc.), Rate sheet, Qualifications, copy of Licenses, General Information, Specific Information, References, Past Experience and Current Contracts. B. Title Page: Name of Proposer's company /corporation, address, telephone number, facsimile number, e -mail address, name of person which will handle City's account, date, and the subject RFP # 15- 06 -01 -2 — FOOD PROGRAM MANAGEMENT SERVICES C. Letter of Introduction: Limit to one or two pages. Briefly state the Proposer's positive commitment and understanding of the work to be performed. D. Generallnformatiom State if business is local, national, or international and indicate the business legal status (corporation, partnership etc.). Give the date business was organized and/or incorporated, and place of incorporation. Ability to provide type, quality and quantity of services requested. Including experience handling similar volume of services, financial, references and satisfactory record of performance. A summary of the institution's financial resources (including the latest year audited financial statements). General, workers' compensation, automobile and professional liability insurance company name, and extent of coverage Give the location(s) of the storage facility and the number of staff personnel at the office. State if the business is licensed, permitted and /or certified to do business in the State of Florida, attach copies of all such licenses issued to the business entity. A complete list of present clients and at least three (3) letters of recommendation. E. Specific Information: Proposer shall submit a Management Plan and Organization Chart 14 Provide a description of the Proposer's approach to the project, to include: Startup Procedures /Requirements; Operations;; Billing /Invoices reporting Procedures the City; and Provide a description of how the Proposer intends to fill the monitor positions. Provide a copy of proposer's internal training program. Provide under separate cover the Proposers training manual. Proposers may offer alternative solutions /options to achieve successful completion of the scope of work herein. Experience in all aspects of emergency management catering services to include: Operations; Planning: contract Management; and Accounting Systems Documented knowledge and experience of Federal, State and Local emergency agencies, state and federal programs, funding sources and reimbursement processes 1.20 Citv's Riahts The City reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re- proposals on the required materials or services. The City Commission shall make a final determination and award of proposal(s). All materials submitted in response to the RFP become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any response to the RFP, whether amended or not, and selection or rejection of the Proposal does not affect this right, provided however, that any submittal that has been submitted to the City Manager's Office may be withdrawn prior to submittal opening time stated herein, upon proper identification and signature releasing submittal documents back to the proposing firm. 1.21 Insurance Requirements Such policy or policies shall be without any deductible amount unless otherwise noted in this Agreement and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Miami -Dade County, Florida. The vendor shall pay all deductible amounts, if any. The vendor shall specifically protect the City and by naming the "City of Aventura" as additional insureds under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. The official title of the certificate holder is the "City of Aventura." This official title shall be used in all insurance documentation. 15 The Contractor shall purchase and maintain, in full force and effect for the life of the contract, at contractor's sole expense, the following insurance policies: 1. A business automobile policy (including automobile liability, garage keepers, and garage liability) which covers any vehicles used in connection with this agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the contractor. Minimum limits for bodily /property damage liability shall be One Million Dollars ($1,000,000) per occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles, if applicable. Hired and Non -Owned Vehicles, if applicable. Employers' Non - Ownership, if applicable. 2. A Comprehensive general liability policy shall be provided which shall contain minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations and independent contractors. Products and /or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and /or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 3. A workers' compensation and employer's liability policy which covers all of the contractor's employees to be engaged in work on this contract as specified by and in accordance with Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000) each accident. IN The contractor acknowledges that the City will not be held responsible for Workers' Compensation or medical care for any /all of the contractor's employees. 4. A crime policy or fidelity bond covering, among other things: theft, employee dishonesty, or embezzlement. The policy or bond shall have minimum limits of Five Hundred Thousand Dollars ($500,000) per occurrence. The City of Aventura shall be named as additional insured on policies listed as 1-4 of the contractor's above required policies of insurance except for the Workers' Compensation insurance. The form and types of coverage and sufficiency of insurer shall be subject to approval of the City Manager. The contractor agrees to indemnify, defend and hold harmless the City of Aventura from and against any and all claims, suits, judgments, executions, and/or liabilities as to bodily injuries and /or property damages which arise or grow out of this contract or contractors performance or operations hereunder. The contractor shall, in its contract with the City, be required to indemnify and hold harmless the City and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind of nature arising out of, or relating to or resulting from the provision of services by the contractor and/or its officers, employees, agents or independent contractors. The contractor shall be required to pay all claims and losses in connections 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 attorneys' fees which may issue thereon. The City shall require that the contractor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City and its officers, employees, agents or instrumentalities as herein provided. Copies of all policies or certificates of such insurance shall be delivered to the City, and said documentation shall provide for the City to be notified a minimum of thirty (30) days prior to any cancellation, termination, reduction or non- renewal of any required insurance policy. The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of contractor's timely payment of each insurance policy premium as required by this contract. Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of the vendor is completed. All policies must be endorsed to provide the City with at least thirty (30) days' notice of expiration, cancellation, and /or restriction. If any of the insurance coverages will expire prior to the completion of the 17 work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. The City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage. If the vendor uses a subcontractor, then the vendor shall ensure that subcontractor names the City as an additional insured. 1.22 General Requirements A. Proposers must have been in business for a period of no less than five (5) years. In the event of a joint venture, at least one (1) of the entities must have been in business for a period of no less than five (5) years. B. The original proposal with CDs and five (5) additional copies of the RFP response must be furnished on or before the submission deadline indicated herein. C. Costs of preparation of a response to this RFP are solely those of the Proposers. The City of Aventura assumes no responsibility for any such costs incurred by the Proposer's. D. Proposing team members responding to this RFP must be present at the presentation to the Selection Committee. The Committee will conduct no phone interviews. E. The contents of the written proposal of the successful firm will become part of the contractual obligations. F. Proposers shall respond to each item in the Content Proposal Section. G. Proposals shall be typed or printed. All corrections made by the Proposer prior to the initial screening must be initialed and dated by the Proposer. No changes or corrections will be allowed after the initial screening of proposals has commenced. H. The City of Aventura reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment, serves the best interest of The City of Aventura. Any person submitting a proposal in response to this invitation must execute Form PUR.7068. SWORN STATEMENT UNDER SECTION 287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper 18 check(s) in the space provided, and enclosed said form with the proposal (See attached for blank form). J. The City reserves the right to issue modifications or addenda to more fully meet the needs of the City. K. By submitting a proposal, the Proposer certifies that he or she has fully read and understands the proposal method and has full knowledge of the scope, nature, and quality of work to be performed. L. The City reserves the right to negotiate modifications to proposals that it deems acceptable, reject any and all proposals, and to waive minor irregularities in the procedure. M. All firms submitting a proposal shall document the date and time they visited the project site. N. All proposals submitted shall be binding for one hundred twenty (120) calendar days following opening. Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal. O. In accordance with Chapter 119 Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Proposers should be aware that Request for Proposals or Request for Qualifications and the responses are public record. All proposals received in response to this Request for Proposal or Request for Qualifications will become the property of the City of Aventura and will not be returned to the Proposers. In the event of contract award, all documentation produced as part of the contract will become the property of the City. 1.23 Nonconformance to Contract Conditions Services offered must be in compliance with RFQIRFP conditions and specifications and any resulting agreement at all times. Services not conforming to RFQIRFP conditions, specifications or time frames may be terminated at proposer(s) expense and acquired on the open market. Any increase in cost may be charged against the proposer. 1.24 Assignment The contractor shall not transfer or assign the performance required by this proposal without the City's prior written consent. Any award issued pursuant to this proposal invitation and monies which may be payable by the City, are not assignable except with the City's prior written approval. iD1 1.25 Award of Proposal The City reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request new proposals on the required materials or services. The City also reserves the right to award the contract on a split order basis, group by group or item by item, or such combination as will best serve the interests of the City unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of proposal (s) shall be made by the City Commission. 1.26 Identical Tie Proposals) Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace and also City Ordinance #96 -07; that is, in the event of an identical tie bid, a preference shall be given to a business having a drug free workplace under Florida State Statute 287.087, as amended. Failure to provide proof of compliance when requested shall be just cause for rejection of the proposal as determined by the City, holding the City harmless for such rejection. 1.27 Preference to Local Businesses Pursuant to Section 1(G), of Ordinance No. 96 -07, "businesses located within the (corporate limits) of the City shall receive a preference bonus of 10% or 10 points during the tabulation of bid proposals." 1.28 Hold Harmless All proposers shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees from their decisions to reject, award or not award a proposal, as applicable. 1.29 Cancellation Failure on the part of the vendor to comply with the conditions, specifications, requirements and terms as determined by the City, shall be just cause for cancellation of the award, with the vendor holding the City harmless. 1.30 Disputes If any dispute concerning a question of fact arises under this contract, other than termination for default or convenience, the dispute will be handled in accordance with Section 2 -259 of the City Code. 20 1.31 Addenda Chan es or Interpretations During Biddin Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for the opening of the proposals will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if desired, will be mailed or sent by available means to all known prospective proposers not later than the established proposal opening date. Each prospective proposer shall acknowledge receipt of such addenda by including it in the proposal form. In case any proposer fails to include such addenda or addendum, his proposal will nevertheless be considered as though it had been received and acknowledged and the submission of his proposal will constitute acknowledgement of the receipt of same. All addenda are a part of the contract documents and each proposer will be bound by such addenda, whether or not received by him. It is the responsibility of each prospective proposer to verify that he has received all addenda issued before proposals are opened. Any questions regarding the specifications may be directed to the Finance Department, Indra Sarju, Purchasing Agent, located at 19200 W. Country Club Drive, Aventura, FL 33180, (305) 466 -8925 or email sarjui ci# ofaventura.com. Under no circumstances will the City accept facsimile transmissions in lieu of a sealed proposal. Any proposals received in the above manner will be deemed unresponsive and a "no proposal" will be entered for the proposer. No verbal or written information which is obtained other than by information in this RFP or by Addenda to this RFP shall be binding on the CITY. 1.32 Default Provisions In case of default by the proposer or contractor, the City may cancel the service agreements, procure the articles or services from other sources and hold the proposer or contractor responsible for any excess costs occasioned or incurred thereby. 1.33 Secondary /Other Vendors The City reserves the right in the event the primary proposer cannot provide an items) or Service(s) in a timely manner as requested, to contact the second best proposer of this RFP to perform said service. If the secondary contractor is unavailable, the City reserves the right to seek and obtain other sources without thereby violating the intent of the contract. 1.34 Cone of Silence Provision A. Notwithstanding any other provision of these specifications, the provisions of City Code Sec. 2 -260 "Cone of Silence" are applicable to this transaction. The "Cone of Silence," as used herein, means a prohibition on any communication regarding a particular Request For Proposal (`RFP "), Request for Qualification ( °RFQ") or bid, between: 21 a potential vendor, service provider, proposer, lobbyist, or consultant, and the City Commission, City's professional staff including, but not limited to, the City Manager and his or her staff, any member of the City's selection or evaluation committee. B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. C. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the Cone of Silence shall be reimposed until such time as the Manager makes a subsequent written recommendation. D. The Cone of Silence shall not apply to: (1) oral communications at pre -bid conferences; (2) oral presentations before selection or evaluation committees; (3) public presentations made to the City Commissioners during any duly noticed public meeting, (4) communications in writing at any time with any City employee, unless specifically prohibited by the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request; (5) communications regarding a particular RFP, RFQ or bid between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the City's Purchasing Agent or City employee designated responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; (6) communications with the City Attorney and his or her staff; (7) duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation; 22 (8) any emergency procurement of goods or services pursuant to City Code; (9) responses to the City's request for clarification or additional information; (10) contract negotiations during any duly noticed public meeting; (11) communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, bidder, lobbyist, or consultant and any member of the City's professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting. E. Please contact the City Attorney for any questions concerning Cone of Silence compliance. F. Violation of the Cone of Silence by a particular bidder or proposer shall render any RFP award, RFQ award or bid award to said bidder or proposer voidable by the City Commission and/or City Manager. 1.35 Campaign Finance Restrictions on Vendors A. Pursuant to Ordinance 2005 -14; City Code Section 2 -420, vendors of the City are prohibited from in any way providing campaign contributions to City Commission candidates. B. City Code Sec. 2 -420. Prohibited campaign contributions by vendors. (a) General, prohibition, disqualification, definitions. (1) a. No vendor shall give, solicit for, deliver or provide a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the Offices of Mayor or Commissioner. Commencing on the effective date of this article, all proposed City contracts, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), invitations to submit qualifications (ISQ) or solicitations of bids issued by the City, shall incorporated notice of this section so as to notify potential vendors of the proscription embodied herein. b. No candidate or campaign committee of a candidate for the Offices of Mayor or Commissioner, shall deposit into such candidate's campaign account any campaign contribution which is received directly or indirectly from a vendor or which such candidate or campaign committee knows or should know was solicited by or for a vendor or delivered or provided for a vendor. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming through examination of 23 the official vendor list which is posted on the City of Aventura website to verify the vendor status of any potential contributor. A candidate or the campaign committee of a candidate shall not be in violation of this subsection if the vendor ways' not listed as a vendor in the City website at the time that the contribution was received or deposited so long as the candidate or the campaign committee of a candidate did not know that the person or entity was a vendor of the City. (2) Each prohibited act of giving, soliciting for, delivering or providing a campaign contribution or depositing a campaign contribution in violation of this section shall constitute a separate violation. All contributions deposited into a candidate's campaign account in violation of this section shall be forfeited to the City's general revenue fund. (3) a. A person or entity, other than a then existing vendor, who directly or indirectly makes a campaign contribution to a candidate who is elected to the office of Mayor or Commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from serving as a vendor with the City. A then existing vendor who directly or indirectly makes a contribution to a candidate who is elected to the Office of Mayor or Commissioner, shall be disqualified from serving as a vendor with the City for a period of 12 months from a final finding of a violation of this section, or from the time of action on a waiver request by the City Commission pursuant to subsection (b) below, in the event that a waiver is sought by the vendor. In the event that such waiver request for a particular transaction is granted, the affected vendor shall nonetheless be disqualified from serving as a vendor with the City as to any other goods, equipment or services to be provided by the vendor to the City, beyond the vendor goods, equipment or services which are the subject matter of any waiver which is granted. In the event such waiver request is denied for a particular transaction the 12 -month disqualification period shall continue to apply to both the particular transaction for which the waiver was sought, as well as all other vendor activities for the provision of goods, equipment or services to the City during that 12 -month period. b. For purposes of this section, the term "disqualified" shall be defined to include: 1. Termination of a contributorlvendor's existing contracts with the City, subject to the applicable waiver provisions of subsection (b) herein; and 2. Disqualification of a contributor's response to solicitation requests for prospective vendor contracts with the City, subject to the applicable waiver of subsection (b) herein. (4) As used in this section: a. Vendor. 1 A "vendor" is a person and/or entity who has been selected by the City as the successful bidder on a present or pending bid to provide to the City goods, equipment or services, or has been approved by the City of a present or pending award to provide to the City goods, equipment or 24 services, prior to, upon or following execution of a contract, or purchase order. 2. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. The term "firm" shall mean a corporation, partnership, business trust or any legal entity other than a natural person. 3. "Vendor" shall not include City officers or employees. 4. For purposes of this section, "vendor" status shall terminate upon completion of performance of the agreement for the provision of goods, equipment or service. b. Services. For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive bidding or otherwise, of labor, professional and/or consulting services to the City, including, but not limited to, the provision of lobbying services to the City. C. Campaign contributions. The term "campaign contribution" shall have the meaning which is ascribed to the term "contributions" pursuant to F.S. § 106.011, as amended. (b) Waiver of prohibition. (1) Criteria for waiver. The requirements of this section may be waived by the affirmative vote of five members of the City Commission for a particular transaction after a public hearing, upon finding that: a. The goods, equipment or services to be involved in the proposed transaction are unique and the City cannot avail itself of such goods, equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or b. The business entity involved in the proposed transaction is the sale source of supply as determined by the City Manager in accordance with procedures established by the City Manager; or C. An emergency contract (as authorized by subsection 2- 253(5) of this Code) must be made in order to protect the health, safety or welfare of the citizens of the City; or d. A contract for the provision of goods, equipment or services exists which, if terminated by the City would be substantially adverse to the best economic interests of the City. (2) Limited waiver. Notwithstanding the denial of the City Commission of a waiver request regarding the provision of goods, equipment or services under an existing contract pursuant to subsection (b)a. above, the City Commission, may by the affirmative vote of five members of the City Commission after a public hearing, grant a limited waiver concerning an existing contract for the provision of goods, equipment or services between a vendor and the City upon finding that in order to protect the health, safety and welfare of the citizens of the City, it is necessary that 25 the affected contract be continued for a limited duration (not to exceed a period of six months) in order for the City to obtain a replacement vendor. (3) Full disclosure. Any grant of a waiver or limited waiver by the City Commission must first be supported with a full disclosure of the subject campaign contribution. (c) Implementation. The City Manager is authorized to adopt additional procurement procedures for goods, equipment or services to implement this section. These procedures shall provide for the assembly, maintenance and posting of an official City vendor list as referenced above. (d) Penalty. The Ethics Commission created pursuant to Miami -Dade County Ordinance 97 -105, shall have primary jurisdiction for enforcement of this section. A finding by the Ethics Commission that a person violated this section, shall subject such person to an admonition or public reprimand and/or a fine of $250.00 for the first violation, and $500.00 for each subsequent violation. (e) Applicability. This section shall be applied only prospectively to campaign contributions which are made after the date of this section. (Ord. No. 2005 -14, § 3, 10- 11 -05) 1.36 Public Entity Crime /Dis ualification Pursuant to Section 287.133(3)(x), Florida Statute all proposers are advised as follows: "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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 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 from the date of being placed on the convicted vendor list." 1.37 Conflicts of Interest The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes Proposers must disclose with their Proposal, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Aventura or its agencies. 26 SECTION 2 GENERAL CONDITIONS 2.1 Reiection of Proposal Proposals that do not conform to the requirements of this RFP shall be rejected. Proposals may be rejected for reasons that include, but are not limited to, the following: a. The proposal was received after the submission deadline; b. The proposal was not signed by an authorized representative of the FSMC; c. The proposal contained unauthorized amendments, deletions, or contingencies to the requirements of the RFP; d. The proposal was incomplete or contained significant inconsistencies or inaccuracies. 2.2 Errors or Omissions If the SFA determines that a proposal contains a minor irregularity or an error, such as a transposition, extension or footing error in figures that are presented, the SFA may allow the FSMC an opportunity to correct the error. Information that is required to be included in the proposal and is inadvertently omitted shall not be accepted under this error correction provision. All information required to be included in a proposal must be received by the date and time that proposals are due. The SFA reserves the right to seek clarification of any information contained in the FSMC's proposal. 2.3 Deviations or Exceptions Deviations or exceptions to the specifications provided in this RFP will not be considered. 2.4 Specifications and Conditions By submitting a response to this RFP, FSMCs are acknowledging that they have read the specifications and conditions provided in the RFP and that their proposal is made in accordance with the provisions of such specifications. FSMCs further agree to deliver services that meet or exceed specifications provided in the RFP should they be awarded a contract for services. 2.5 Withdrawal of Proposal Requests for withdrawal of a proposal may be considered if such request is received in writing within 72 hours after the proposal opening time and date. 27 Requests received in accordance with this provision may be granted upon proof of the impossibility to perform based upon an obvious error on the part of the FSMC. If a request for withdrawal is not received, a FSMC shall be legally responsible for fulfilling all requirements of its proposal if it is accepted. 2.6 Proposal Modifications Requests for modifications of a proposal may be considered if such request is received in writing within 72 hours after the proposal opening time and date. Requests received in accordance with this provision may be granted upon proof of the impossibility to perform based upon an obvious error on the part of the FSMC. If a request for modification is not received, a FSMC shall be legally responsible for fulfilling all requirements of its proposal if it is accepted. 2.7 Prohibition of Gratuities By submission of a proposal, a FSMC certifies that no employee of SFA has or shall benefit financially or materially from such proposal or subsequent contract. Any contract issued as a result of this RFP may be terminated at such time as it is determined that gratuities of any kind were either offered or received by any of the aforementioned persons. 2.8 FSMC Research SFA reserves the right to research any FSMC submitting a proposal in response to this RFP to ensure the FSMC's ability to perform the services as specified. 2.9 Conditions for Acceptance FSMCs must submit a proposal meeting the requirements of the RFP to include the required attachments and certifications signed by the authorized official. Proposals must be received by 2:00 P.M. on Tuesday, May 19, 2015 to be considered. 2.10 Proposal computation method Estimated totals must be carried out to the second decimal place and must not be rounded. 2.11 Indemnification The Contractor shall indemnify, save harmless and defend the City of Aventura, it's officers, agents and employees against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct of the contractor, his agents, servants or employees in the provision of goods or the performance of services pursuant to this bid and/or 28 from any procurement decision of the City including without limitation, awarding the contract to the contractor. 2.12 Copyrights The SFA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for SFA purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, sub grantee or contractor purchases ownership with grant support. 2.13 Patents The SFA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize other to use, for SFA purposes patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 2.14 Federal Debarment Certification FSMC will comply with the Federal Debarment Certification regarding debarment suspension, ineligibility and voluntary exclusion, as required by Executive Order 12549, Debarment and Suspension and implemented at 2 C.F.R. 417. (1) The prospective lower tier ($25,000) participant certifies, by submission and of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. 2.15 Drug Free Workplace Certification In accordance with Section 287,087, Florida Statutes, whenever two or more proposals, or replies that are equal with respect to price, quality, and service are received by an SFA for the procurement of commodities or contractual services, a reply received from a business which certifies that it has implemented a Drug Free Workplace Program by signing the enclosed Drug Free Workplace Certification Form, shall be given preference in the award process. 29 SECTION 3 SCOPE 3.1 The food service provided shall be operated and maintained as a benefit to the SFA's students, faculty and staff. 3.2 The food service operation shall be managed to promote maximum participation in the Child Nutrition Programs. 3.3 The FSMC shall have the exclusive right to manage the Child Nutrition Programs (to include NSLP, SM, SBP, FFVP andlor SFSP) at each site specified on Exhibit A. 3.4 The FSMC will provide food services to each site as specified in Exhibit A. 3.5 The SFA may add or remove sites and/or meal periods for existing programs to Exhibit A at any time during each Contract Term unless the addition or removal of sites and/or meal periods creates a material or substantive Contract change. 3.6 The SFA reserves the right to maintain, add and/or remove present food and beverage vending machines in its facilities. 3.7 The FSMC shall be an independent contractor and not an employee of the SFA. The employees of the FSMC shall be considered solely employees of the FSMC and shall not be considered employees or agents of the SFA in any fashion. 3.8 The FSMC shall conduct the food service operation to ensure compliance with the rules and regulations of the Florida Department of Agriculture and Consumer Services ( °FDACS ") and the USDA regarding Child Nutrition Programs. 3.9 The SFA shall be legally and financially responsible for the conduct of the food service operation and shall supervise the food service to ensure compliance with the rules and regulations of the FDACS and the USDA regarding Child Nutrition Programs. SECTION 4 SCHOOL FOOD AUTHORITY RESPONSIBILITIES 4.1 The SFA shall ensure that the food service operation is in conformance with its National School Lunch and Breakfast Program Sponsor Agreement and the Policy Statement for Free Meals, Free Milk, and Reduced -Price Meals. 4.2 The SFA shall retain control of the quality, extent and general nature of its food service operation and the prices to be charged for meals, milk, a la carte items, adult meals and vending machine items, as applicable. 30 4.3 The SFA shall monitor the food service operation through periodic on -site reviews to include the inspection of meals, food preparation, storage and service areas, sanitation practices and procedures for accurately counting and claiming meals provided that nothing in this paragraph shall be construed as to relieve the FSMC of its independent obligation to provide proper oversight and supervision of its operations or to otherwise comply with State and Federal rules and/or regulations. 4.4 The SFA shall approve the menus and recipes for meals and other food to be served or sold to students to ensure compliance with the rules and regulations of the FDACS and the USDA. 4.5 The SFA shall approve all a la carte items and the prices charged for those items in advance of sale by the FSMC. 4.6 The SFA shall retain signatory authority on the FDACS Annual School Application for Participation in Child Nutrition Programs and Food Distribution, Programs; the Policy Statement for Free Meals, Free Milk, and Reduced -Price Meals; the National School Lunch and Breakfast Program Sponsor Agreement; and the Child Nutrition Program Monthly Claim for Reimbursement. 4.7 The SFA will establish internal controls that ensure the accuracy of meal counts before submittal of the Monthly Claim for Reimbursement. At a minimum, these controls will include: • An on -site review of the meal counting and claiming system employed by each school, • Reviews of meal count data for each site, and • Edit checks of meal count data against the product of the eligibility data times an attendance factor. 4.8 The SFA shall ensure USDA Foods received for use by the SFA and made available to the FSMC are utilized within the Term of this Contract in the SFA's food service operation for the preparation and service of meals and for other allowable uses in accordance with the Code of Federal Regulations, 7 C.F.R. 250, 4.9 The SFA shall maintain and visibly post applicable health certification and assure all state and local regulations are met by the FSMC preparing or serving meals at SFA facilities 4.10 The SFA shall distribute and collect the letter and household applications for free and reduced -price meals or milk and determine eligibility of students for meal benefits. 4.11 The SFA shall verify applications for free and reduced -price meals and conduct any appeals or hearings for eligibility determinations. 31 4.12 The SFA shall inform the FSMC of any adjustments to menus and monitor implementation of adjustments. 4.13 The SFA shall be responsible for resolution of program reviews and audit findings. SECTION 5 FOOD SERVICE MANAGEMENT COMPANY RESPONSIBILITIES 5.1 The FSMC will conduct the school food service operation in conformance with the Program Sponsor Agreement between SFA and FDACS and in accordance with generally accepted standards of care and best practices in the industry. 5.2 The FSMC shall serve, on such days and at such times as requested by the SFA: 5.2.1 Breakfasts, priced as a unit, which meet USDA requirements 5.2.2 Lunches, priced as a unit, which meet USDA requirements 5.2.3 Milk, served to all children pursuant to the Special Milk Program 5.2.4 Fresh fruit and vegetables, served to all children pursuant to the USDA Fresh Fruit and Vegetable Program 5.2.5 Other foods as agreed upon by the FSMC and SFA, pursuant to applicable regulatory requirements 5.3 The FSMC shall serve free, reduced -price and paid meals and/or free milk to those children designated by the SFA. 5.4 The FSMC shall implement collection procedures as specified by the SFA and approved by the FDACS. 5.5 The FSMC shall implement the Offer versus Serve provision at the food service sites specified by the SFA on Exhibit A. 5.6 The FSMG shall adhere to the 21 -day cycle menu(s) and portion sizes specified by the SFA on Exhibit B for the first 21 days of meal service. After the first 21 days of meal service, menu changes may be made with SFA approval. Meals must meet the Healthy Hunger -Free Kids Act of 2010 as designated herein by the SFA for each Term of the Contract, as applicable. Meals must meet or exceed the calories and meet the nutrient standards for National School Lunch, School Breakfast, and/or Summer Food Service Program meals for the age /grade groups of school children and as listed in E=xhibit C. 5.7 The serving sizes, if applicable, provided by the SFA on the 21 -day cycle menu(s) in Exhibit B are, in most cases based on the required minimum serving sizes stated in Exhibit C. if the serving sizes for the food items indicated on the 32 menu(s) do not meet the required weekly calorie and nutrient standards as stated in Exhibit C, the FSMC must increase serving sizes and/or provide additional food items as necessary to meet the calorie and nutrient standards without altering the 21 -day cycle menu(s). Serving sizes may not be decreased unless otherwise stated in this Request for Proposal and Contract. 5.8 The FSMC shall be responsible for providing meals and menus appropriate for the age of the students served and acceptable to students evidenced through production records, a minimum of plate waste and participation levels in the National School Lunch. School Breakfast and/or Summer Food Service Program meals, as applicable. 5.9 The FSMC shall cooperate with the SFA in promoting nutrition education and assist in the coordination of the SFA's food service with classroom instruction. 5.10 The FSMC shall use SFA facilities for preparation of food to be served as specified on Exhibit A. 5.11 The FSMC is required to substitute food components of the meal pattern for students who are considered to have a disability under 7 C.F.R. 15b and the disability restricts their diet. Substitutions must be made on a case by case basis only when supported by a written statement of the need for substitution(s) that includes recommended alternate foods, unless otherwise exempted by FNS. Such statement must be signed by a licensed physician. The FSMC may make substitutions for students without disabilities who cannot consume the regular lunch or afterschool snack because of medical or other special dietary needs. These substitutions must be made on a case by case basis and only when supported by a written statement of the need for substitutions that includes recommended alternate foods, unless otherwise exempted by FNS. Except with respect to substitutions for fluid milk, such a statement must be signed by a recognized medical authority. 5.12 The FSMC shall deposit daily all monies in the SFA's profit food service account. 5.13 The FSMC will operate and care for equipment and food service areas in a clean, safe and healthy condition in accordance with the standards prescribed in the SFA's written food safety program and comply with all applicable federal, state and local laws, ordinances, regulations and rules concerning sanitation. 5.14 It will be the joint responsibility of the SFA and the FSMC to protect the anonymity of all children receiving free or reduced -price meals and methods for ensuring anonymity shall be jointly agreed upon, provided that nothing in this paragraph shall be construed to relieve the FSMC of its independent obligation to protect the anonymity of all children receiving free or reduced -price meals and to provide the required quality and extent of goods and services hereunder. 33 SECTION 6 INVOICING AND PAYMENT 6.1 The Vendor shall submit itemized invoices to the SFA weekly, bi- weekly or monthly. Invoices shall specify the number of meals provided to the SFA and the unit price for each meal type. 6.2 The SFA shall pay the Vendor the unit price specified in the Bid Summary times the number of meals provided as specified in the invoice. The SFA shall pay: 6.2.1 According to the time frame as stated on the Vendor's invoice; or 6.2.2 Five (5) business days after receiving Meal Claim Reimbursement; whichever occurs sooner. 6.2.3 No later than forty -one days (41) calendar days of its receipt of the invoice from the Vendor. 6.3 The Vendor shall use the following delinquent payment notification procedures in order to exercise its right to demand payment from the SFA: 6.3.1 For invoices not paid within forty -two (42) calendar days after the SFA received the invoice, the Vendor shall send the SFA a notice letter with a copy of the original invoice attached. The Vendor shall also provide a copy of the notice letter to the FDACS. 6.3.2 When an invoice previously noticed when delinquent forty -two (42) calendar days is still delinquent and not paid in full within sixty -three (63) calendar days after the SFA received the invoice, the Vendor must provide a second letter to the SFA with a copy of the original invoice attached and provide a copy to the FDACS. 6.3.3 The Vendor may suspend service or terminate its contract with the SFA if the SFA has failed to make full and complete payment for any invoice sixty -three (63) or more calendar days after the invoice was received. The Vendor's failure to terminate its contract shall not waive its right to seek payment under appropriate Florida Law and procedures. 34 SECTION 7 USDA FOODS 7.1 Any USDA Foods received for use by the SFA and made available to the FSMC shall be utilized within the specified Term of this Contract in the SFA's food service operation for the preparation and service of meals and for other allowable uses in accordance with 7 C.F.R. 250. 7.2 The FSMC shall accept and use USDA Foods in as large a quantity as may be efficiently utilized in the food service operation, subject to approval of the SFA. 7.3 The FSMC shall manage all USDA Foods to ensure the foods are utilized in the SFA's food service. USDA Foods shall not be sold, exchanged or otherwise disposed of without the approval of the USDA. 7.4 The FSMC shall utilize all USDA ground beef, and processed end products received in the SFA's food service operation. Commercially- purchased foods shall not be substituted for these foods. 7.5 The FSMC shall utilize all other USDA Foods, or substitute commercially - purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA Foods as determined by the SFA, in the SFA's food service operation. 7.6 The FSMC shall credit the SFA for the full value of all USDA Foods received for use in the SFA's meal service during the school year (including both entitlement and bonus foods) regardless of whether the USDA Foods have actually been used. if the FSMC acts as an intermediary between a processor and the SFA, the FSMC shall credit the SFA for the value of USDA Foods contained in the processed end products at the USDA processing agreement value, unless the processor is providing such credit directly to the SFA. The FSMC will issue all such credit in full prior to the expiration of each Contract Term_ 7.7 The FSMC will clearly identify USDA food credits on the SFA's monthly bill /invoice, and record these credits an a separate line item entry. Each month, the FSMC will also provide a detailed account of all the USDA Food items that were used and the credits issued for any unused USDA Food items. 7.8 The current value of USDA Foods is based on the information listed on the SFA's Web -Based Supply Chain Management (WBSCM) Requisition and by the Requisition Status Report. if not listed, the current market value of USDA Foods will be based on the prices issued by the FDACS. 7.9 The SFA shall ensure the method and timing of crediting does not cause its cash resources to exceed limits established in 7 C.F.R. subparagraph 210.9(b)(2). 35 7.10 At the end of each Contract Term and upon expiration or termination of the Contract, a year -end reconciliation shall be conducted by the SFA to ensure and verify correct and proper credit has been received for the full value of all USDA Foods received by the FSMC during each Contract Term for use in the SFA's food service operation. 7.11 The SFA shall verify receipt of USDA Foods shipments through its electronic records or by contacting FDACS or the processor, as applicable. 7.12 The FSMC must keep separated inventories (both physical and accounting) of USDA Foods and regular purchased food. 7.13 The SFA and FSMC must maintain records of receipt of USDA Foods and processed end products, of crediting for the value of USDA Foods and other records relating to USDA Foods in accordance with 7 C.F.R. section 250.54. All records pertaining to USDA Foods shall be maintained and made available for inspection by the SFA, FDACS and the USDA for a period of five (5) years plus the current year. 7.14 FSMC will comply with the storage and inventory management requirements for U51DA Foods in 7 C.F.R. paragraph 250.14(b). USDA ground beef and processed end products shall be stored in a manner that ensures usage in the SFA's food service operation. 7.15 The FSMC must accept liability for any fault or negligence on its part that results in any loss, damage, out of condition, or improper use of USDA Foods not yet credited to the SFA. 7.16 SFA and FDACS have and preserve a right to assert claims against other persons to whom USDA Foods are delivered for care, handling or distribution, and will take action to obtain restitution in connection with claims for improper distribution, use or loss of, or damage to, USDA Foods. 7.17 The SFA and FSMC shall consult and agree on end products to be produced from USDA Foods during each Contract Term. If the SFA and FSMC cannot agree on end products, the FSMC shall utilize the USDA Foods in the form furnished by the USDA. 7.18 The SFA shall be responsible for contracting with any commercial facility for the processing or repackaging USDA Foods. The FSMC shall pay all related processing fees and costs. The SFA shall not be responsible for any costs associated with processing USDA Foods. Although the FSMC may procure processed end products on behalf of the SFA, the FSMC itself shall not enter into any processing agreements with a processor, nor shall the FSMC enter into any subcontracts for further processing of USDA Foods. If the FSMC procures processed end products on behalf of the SFA, the FSMC will comply with the 30 provisions of the SFA processing agreement(s) and the requirements in subpart C of 7 C.F.R. 250. 7.19 The FSMC shall have records maintained and available to substantiate the receipt, use, storage, and inventory of USDA Foods. The FSMC must submit to the SFA monthly inventory reports showing all transactions for processed and non - processed USDA Foods. Failure by the FSMC to maintain records as required 7 C.F.R. section 250.16 shall be considered prima facie evidence of improper distribution or loss of USDA Foods and the FSMC shall be subject to the provisions of § 250.13(e). 7,20 The SFA, FDACS, Comptroller General of the United States, Florida Auditor General, USDA, or any of their duly authorized representatives may perform on- site reviews of the FSMC's food service operation at any reasonable time. This includes the inspection and inventory of USDA Foods in storage or the facilities used in the handling or storage of such USDA Foods, and inspection and audit all records, including financial records, and reports pertaining to the distribution of USDA Foods and may review or audit the procedures and methods used in carrying out the requirements of this contract and 7 C.F.R. 250 and 210. 7.21 The FSMC shall return all unused USDA ground beef products and processed end products to the SFA upon termination, expiration, or non - renewal of the Contract. 7.22 At the discretion of the SFA, the FSMC may be required to return other unused USDA Foods to the SFA upon termination, expiration, or non - renewal of the Contract. 7.23 The SFA shall retain title to all USDA Foods provided to the FSMC for use in the SFA's food service operation. 7.24 USDA Foods or processed end products containing USDA Foods shall not be used for catering or special functions conducted outside of the school food service operation. SECTION 8 PURCHASES/BUY AMERICA/AMERICAN 8.1 The FSMC shall retain title to all purchased food and nonfood items. 8.2 The FSMC shall purchase, to the maximum extent practicable, domestic commodities or products that are either agricultural commodities produced in the United States or food product processed in the United States substantially using agricultural commodities produced in the United States. 37 8.3 The FSMC shall not substitute commercially- purchased foods for USDA ground beef and processed end products received. 8.4 The FSMC may substitute commercially- purchased foods for all other USDA Food received. All commercially- purchased food substitutes must be of the same generic identity as the USDA food received, of United States origin and of equal or better quality than the USDA Foods as determined by the SFA. 8.5 The SFA shall ensure commercially- purchased foods used in place of USDA Foods received are of the same generic identity as the USDA Foods received, of United States origin and of equal or better quality than the USDA Foods as determined by the SFA. 8.6 The FSMC may be required to certify the percentage of United States content in the products supplied to the SFA. 8.7 The SFA reserves the right to review FSMC purchase records to ensure compliance with the Buy American provision in 7 C.F.R. sections 214.21 and 250.23. 8.8 The FSMC shall provide Nutrition Facts labels and any other documentation requested by the SFA to ensure compliance with United States content requirements. SECTION 9 USE OF FACILITIES AND EQUIPMENT 9.1 The SFA shall make available without any cost or charge to the FSMC, the areas and premises agreeable to both parties in which the FSMC shall render its services. 9.2 The SFA shall furnish and install any equipment and make any structural changes needed to comply with federal, state and local laws, ordinances, rules and regulations. 9.3 The FSMC shall not use the 5FA's facilities to produce food, meals, or services for other organizations or otherwise use the facilities of the SFA for any reason other than those specifically provided for in this Contract without the express written consent of the SFA. 9.4 The FSMC and SFA shall inventory the equipment and supplies owned by the SFA at the beginning of the school year and the end of the school year, including but not limited to flatware, trays, chinaware, glassware and kitchen utensils. The FSMC will be responsible for correcting any discrepancies and any equipment 38 repairs that are not the result of normal wear and tear within 30 days of the end - of- the - school -year inventory. 9.5 The SFA shall repair and service equipment except when damages result from the use of less -than- reasonable care by the FSMC employees or agents as determined by the SFA. When damage results from less- than - reasonable care on the part of any FSMC employees or agents, it will be the FSMCs responsibility to repair and service the damaged equipment, incurring all applicable fees and costs, within a reasonable timeframe to ensure no disruption in service. 9.6 The SFA reserves the right, at its sole discretion, to use its facilities to sell or dispense any food or beverage before or after regularly scheduled lunch or breakfast periods provided such use does not interfere with the operation of the Child Nutrition Programs. 9.7 The SFA shall return facilities and equipment to the FSMC in the same condition as received when the SFA uses the facilities for extra - curricular activities. 9.8 The FSMC. shall maintain the inventory of expendable equipment necessary for the food service operation and at the inventory level as specified by the SFA. 9.9 The SFA shall be legally responsible for any losses of USDA Foods which may arise due to equipment malfunction or loss of electrical power not within the control of the FSMC. 9.10 The FSMC and/or its employees or agents shall not remove equipment or property of the SFA from the SFA's premises including, but not limited to, food preparation and/or serving equipment. 9.11 The FSMC shall provide written notification to the SFA of any equipment belonging to the FSMC within ten days of its placement on SFA premises. 9.12 The SFA shall not be legally responsible for loss or damage to equipment and/or vehicles owned by the FSMC and located on SFA premises. 9.13 The SFA shall provide sanitary toilet facilities for the FSMC employees. 9.14 The SFA shall have access, with or without notice to the FSMC, to all SFA facilities used by the FSMC for inspection and audit purposes. 9.15 The FSMC shall surrender all equipment and furnishings in good repair and condition to the SFA upon termination of the Contract, reasonable wear and tear excepted. 9.16 The SFA must give prior approval and have final authority for the purchase of equipment used for the storage, preparation, serving, or delivery of school meals. 39 9.17 The SFA retains title to all property and equipment when placed in service. If the property and/or equipment is amortized through the FSMC and the Contract expires or is terminated, the SFA can return the property to the FSMC for full release of the unpaid balance or continue to make payments in accordance with amortization schedules. SECTION 10 SANITATION 10.1 The FSMC shall place garbage and trash in containers as specified by the SFA and place them in designated areas. 10.2 The SFA shall remove all garbage and trash from the designated areas. 10.3 The FSMC shall clean the kitchen area including, but not limited to, sinks, counters, tables, chairs, flatware and utensils. 10.4 The FSMC shall operate and care for all equipment and food service areas in a clean, safe, and healthy condition in accordance with standards acceptable to the SFA and comply with all applicable laws, ordinances, regulations and rules of federal, state and local authorities. 10.6 The SFA shall clean grease traps, walls, floors, light fixtures, window coverings and ducts and hoods above the filter line. 10.6 The SFA shall provide extermination services as needed. 10.7 The SFA shall clean the dining /cafeteria area, including tables, chairs and floors after the meal service. SECTION 11 EMPLOYEES 11.1 The FSMC shall comply with all wage and hours of employment regulations of federal and state law. 11.2 The FSMC shall pay all FSMC employees in accordance with the Fair Labor Standards Act and any other applicable statutes. 11.3 The FSMC and SFA recognize that one of the most important elements of a successful food service program is the staff employed to administer the food service program. The FSMC shall be responsible for the employment of all staff necessary for the safe, timely, and efficient distribution of meals to students and members of the SFA staff. 40 11.4 The FSMC shall instruct its employees to abide by the policies, rules and regulations, with respect to use of SFA premises, as established by the SFA and furnished in writing to the FSMC. 11.5 The FSMC shall provide the SFA with a list of its personnel policies and employee handbook. 11.6 The FSMC shall ensure, at its own expense, required fingerprint -based criminal history record checks are conducted on all FSMC employees assigned to the SFA and results are provided to the SFA per the Jessica Lunsford Act, section 1012.32, Florida Statutes. 11.7 The FSMC shall submit to the SFA a current schedule of employees, positions, assigned locations, hours of work, wages and benefits (as applicable) which must be used for Proposal calculation purposes. Five (5) employees during the hours of 10:00 A.M. and 2:00 P.M. are preferred as two (2) locations will be serviced simultaneously for some period of that time. 11.8 The FSMC shall maintain the same minimum level of employee positions, hours, wages, and benefits as proposed throughout the entire Contract Term and each subsequent Contract Term, as applicable, unless a reduction in the required levels is authorized by the SFA. The FSMC shall provide the SFA with written notice of any increases in employee positions, hours, wages and benefits. 11.9 In the event a reduction in employee positions, hours, wages, and/or benefits occurs and such reduction is authorized by the SFA, the FSMC shall credit the SFA's monthly bill /invoice for the exact dollar amount related to the cost of the labor reduction as indicated on the Proposal for the remainder of the Contract Term, including the value of any subsequent and future increases in employee wages and benefits. Such credits shall be termed a Labor Reduction Fee. 11.10 The FSMC must ensure that the employees' hours listed on the Proposal are not used for catering or special functions. 11.11 Upon written request of the SFA, the FSMC will remove any FSMC employee who violates health requirements or conducts himself /herself in a manner which is detrimental to the physical, mental or moral well -being of students or staff or otherwise violates SFA policies, procedures and practices. 11.12 In the event of the removal or suspension of any employee, the FSMC shall immediately restructure its staff without disruption in service. 11.13 All food service personnel assigned to each school shall be instructed on the use of all emergency valves, switches and fire and safety devices in the kitchen and cafeteria areas. 41 11,14 The use of student workers or students enrolled in vocational classes in the food service operation shall be mutually agreed upon. 11.15 The FSMC shall provide daily, on -site supervisory personnel dedicated solely to the SFA, for the overall food service operation. 11.16 The FSMC shall conduct civil rights training for all food service employees, including front -line staff, on an annual basis. Civil rights training must include: • Collection and use of data, • Effective public notification systems, • Complaint procedures, • Compliance review techniques, • Resolution of noncompliance, • Requirements for reasonable accommodation of persons with disabilities, • Requirements for language assistance, • Conflict resolution, and • Customer service. 11.17 The FSMC shall conduct periodic training on various food service operations related topics for all food service employees. SECTION 12 DESIGNATION OF PROGRAM EXPENSE 12.1 The FSMC guarantees to the SFA that the proposal meal rates and fees for each reimbursable school meal and a la carte equivalent shall include the expenses designated under Column I. The FSMC shall be responsible for negotiating /paying all employees' fringe benefits, employee expenses and accrued vacation and sick pay for staff on their payroll. 12.2 The SFA shall pay those expenses designated under Column H. 42 LABOR Payroll, Managers and /or Supervisors Payroll, Full and Part Time Workers Payroll, Ticket Sellers Cashier Drivers EMPLOYEE BENEFITS /COSTS —TO BE PAID BY PARTY DESIGNATED AS EMPLOYER. MAY INCLUDE RUT NOT LIMITED TO: Medical Dental and Life Insurance Retirement Plans, Social Security Vacation, Sick Leave and Holiday Pay Uniforms, Tuition Reimbursement Labor Relations Unemployment Compensation, Workers' Compensation Processing and Payment of Payroll FOOD Food Products Commodity Delivery Commodity Freight /Handling Costs Food Storage /Warehouse ill - Only meals put through POS. OTHER EXPENSES Accounting Bank Charges Data Processing Record Keeping Proce55ing and Payment of Invoices Equipment - Major Original Purchase Rnut'me Maintenance Major Repairs Replacement 21- Existing equipment only. Equipment - Expendable (i.e., trays, tableware, glassware and utensils) Original Purchase Replacement Column I Column 11 X X X X X X X X X X X X X X111 X X X X X X X X X X XM X X121 X X X 43 Column I Column II Cleaning janitorial Supplies X X Insurance Liability Insurance X Insurance on Supplies /Inventory X Laundry and Linen X Office Materials X Paper /Disposable Supplies X Pest Control X Postage X Printing X Product Testing X Promotional Materials X X Taxes and Licenses X Telephone X Local Long Distance X Ticketing /Tokens X Training X Transportation X Trash Removal Fram Kitchen X From School Premises X Travel Required X Requested X Vehicles X SECTION 13 FEES 13.1 All proposals must be calculated based on the menu(s) in Exhibit B. All proposals shall be submitted using the Proposal Summary form attached herein. The proposal price(s) must not include the use of commodities or any alternate pricing structure. All rates must be written in ink or typed in the blank space(s) provided and the estimated totals must be carried out to the second decimal place and must not be rounded. 13.2 Gross Sales shall be remitted to SFA or deposited in the food service account on a daily basis. FSMC shall be paid a fixed meal price for each Reimbursable Meal and Meal Equivalent that is recorded in the Point of Sale system provided by the FSMC under this Agreement. 13.3 The total cost shall include SFA's salary and benefits, indirect cost, commodity and other SFA cost. These are SFA direct pay items that must be funded from Food Service Program revenues, but are included in the Fixed Meal Price paid per meal to FSMC. A meal or meal equivalent shall be calculated as follows: 13.3.1 A student lunch includes'. student reimbursable lunches and full -paid adult lunches are counted as one (1) meal equivalent for each lunch 44 served. A reimbursable student breakfast and full -paid adult breakfast are counted as (.50) meal equivalents for each breakfast served. A reimbursable student after school snack is counted as (.25) meal equivalents. A la carte food sales are converted to meal equivalents by dividing the total dollars of a la carte sales by three dollars (3.00). 13.4 The FSMC shall invoice the SFA at the end of each accounting period as determined by the SFA. Invoiced amounts shall be paid within 30 days after receipt of the invoice. Reconciliation shall be made for any over - payment or under- payment on the invoice for the next accounting period. Invoices to the SFA must include a statement that documentation is available at the SFA Food Service office or reasonably accessible to support the invoice and any auditing process. All clericallrecordkeeping requirements of the Food Service operation shall be completed by the staff, both SFA and FSMC, assigned to the SFA Food Service office. Upon termination of the Agreement all outstanding amounts shall be paid within thirty (30) days. In addition, FSMC and SFA shall perform a final reconciliation of the records and FSMC shall either invoice SFA for amounts due or refund SFA for any overpayment resulting from such reconciliation. 13.5 The FSMC shall receive no payment for meals that are spoiled or unwholesome at the time of serving, that do not meet the detailed specifications for each food component or menu item in accordance with 7 C.F.R. 210, or that do not otherwise meet the requirements of the contract. 13.6 The FSMC must subtract from the SFA's monthly bill /invoice the value of all USDA Foods received. Credit issued by the FSMC to the SFA for USDA Foods receipts shall be recorded on the monthly bill /invoice as a separate line item entry and shall be clearly identified and labeled. 137 The FSMC shall submit separate billing for special functions conducted outside of the school food service account. 13.8 The fixed meal rate for meals must be calculated as if no USDA Foods were available. 13.9 Any and all losses that result from excessive ordering or spoilage (that are not the result of equipment malfunction or loss of electrical power not within the control of the FSMC) must be borne by the FSMC. SECTION 14 REVENUE 14.1 The SFA shall receive all revenue from the food service operation. 14,2 The food service revenue shall be used only for the SFA's food service. 45 14.3 The food service revenue shall flow through the SFA's chart of accounts. 14.4 All goods, services, or monies received as the result of any equipment or government commodity rebate shall be credited to the SFA's food service account. 14.5 if reimbursement is denied as a direct result of the failure of the FSMC to comply with the provisions of this Contract, the FSMC shall assume responsibility for the amount denied. SECTION 15 LICENSES, CERTIFICATIONS AND TAXES 15.1 Throughout the Term of the Contract and each renewal Term, the FSMC shall obtain and maintain all applicable licenses, permits and health certifications required by federal, state and local law. 15.2 The FSMC shall have state or local health certification for any facility outside the SFA in which it proposes to prepare meals, if applicable, and must maintain this health certification for each Contract Term. 15.3 The FSMC and all affiliates shall collect and remit Florida Use Tax on all sales of tangible personal property in the State of Florida in accordance with applicable state statutes. SECTION 16 RECORD KEEPING 16.1 The FSMC shall maintain such records as the SFA will need to meet monthly reporting responsibilities and will report claim information, including daily meal counts, to the SFA promptly at the end of each month. 16.2 The FSMC shall have records maintained and available to demonstrate compliance with the requirements relating to USDA Foods. Such records shall include the following 16.2.1 The receipt, use, storage, and inventory of USDA Foods; 16.2.2 Monthly inventory reports showing all transactions for processed and non - processed USDA Foods; and 16.2.3 Documentation of credits issued to the SFA for USDA Foods received; and 46 16.2.4 Documentation of credits issued to the SFA for USDA Foods owned by the SFA prior to the contract execution date. 16.3 The FSMC shall retain all records relating to the initial contract and all subsequent renewals for a minimum of five (5) years or the longer of the retention periods required by federal, state or local laws and regulations that govern the SFA regarding recordkeeping and records retention. 16.4 All records must be maintained for the longer of the retention periods specified above for the purpose of making audits, examinations, excerpts and transcriptions by representatives of the SFA, the FDACS, the USDA and the Auditor General and other governmental entities with monitoring authority at any reasonable time and place. If audit findings have not been resolved, the records shall be retained beyond the specified period as long as required for the resolution of the issues raised by the audit. 16.5 The FSMC accepts liability for any over - claims due to FSMC negligence or noncompliance with regulations, including those over - claims based on review or audit findings. SECTION 17 TERMS AND TERMINATION 17.1 This Contract is effective for a one -year period, commencing July 1 2015 or upon written acceptance of the Contract, whichever occurs last, and ending June 30, 2016 ( "contract term" or "term "). This contract will be renewable on an annual basis, upon mutual agreement of the SFA and FSMC, for up to four (4) additional years (each year a "renewal term "). 17.2 Renewal of this Contract is contingent upon the fulfillment of all Contract provisions relating to USDA Foods. 17.3 Either the SFA or FSMC can terminate this Contract for cause or for convenience with a sixty- (60) day written notification. Following sixty- (60) day written notification, the SFA can terminate this Contract in whole or in part without the payment of any penalty or incurring any further obligation to the FSMC. 17.4 Following any termination for convenience, the FSMC shall be entitled to compensation for services completed upon submission of invoices and proof of claim for services provided under this Contract up to and including the effective date of termination. The SFA shall have the right to receive services from the Contractor through the effective date of the notice of termination and may, at its election, procure such work from other contractors as may be necessary to complete the services. 47 17.5 Notwithstanding any provision to the contrary in this Contract, obligations of the SFA will cease immediately without penalty of further payment being required if sufficient funds for this Agreement are not appropriated by the Florida Legislature or a federal funding source, or such funds are otherwise not made available to the SFA for payments in accordance with this Contract. 17.6 Notwithstanding the notice period in paragraph 16.3, the SFA may immediately terminate the Contract, in whole or in part, upon notice to the FSMC if the SFA determines that the actions, or failure to act, of the FSMC, its agents, employees or subcontractors have caused or reasonably could cause jeopardy to health, safety or property; or if the SFA determines that the FSMC lacks the financial resources to perform under the Contract. 17.7 If the FSMC fails to perform to the SFA's satisfaction any material requirement of this Contract or is in violation of a material provision of this Contract, the SFA shall provide written notice to the FSMC requesting that the breach of noncompliance be remedied within sixty- (60) days. If the breach or noncompliance is not remedied by the specified period of time, the SFA may either: (a) immediately terminate the Contract without additional written notice or, (b) enforce the terms and conditions of the Contract, and in either event seek any available legal or equitable remedies and damages. The SFA may finish the services by whatever method the SFA may deem expedient. Any damages incurred by the SFA as a result of any FSMC default shall be borne by the FSMC at its sole cost and expense, shall not be payable as part of the Contract amount, and shall be reimbursed to the SFA by the FSMC upon demand. 17.8 Neither the FSMC nor SFA shall be responsible for any losses resulting if the fulfillment of the terms of the Contract is delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God or any other acts which could not have been prevented by the exercise of due diligence ( "Act of God "). The SFA may cancel the Contract without penalty if the FSMC's performance does not resume within thirty (30) days of the FSMC's interruption of services due to an Act of God. 17.9 The only rates and fees that may be renegotiated in subsequent years of this contract are the fixed rates and fixed fees contained herein. Before any fixed rate or fee increases can be implemented as part of a contract renewal agreement, the FSMC shall document to the SFA, through a written financial analysis, the need for such increases. Renegotiation of all fixed rates and fees in subsequent years of the contract must not exceed the Consumer Price Index for Urban Consumers —Food Away From Home annualized rate for December of the current school year. Individual per meal fixed rate and applicable fixed fee increases cannot exceed the CPI Index as stated above. Percentage increases cannot be applied to any previous year's total estimated or actual contract cost. The calculation method regarding the determination of a la carte equivalents is outlined in the Fees section of this contract. 48 SECTION 18 GENERAL CONTRACT TERMS 18.1 No provision of this Contract shall be assigned or subcontracted without prior written consent of the SFA. 18.2 This solicitation /Contract, exhibits, and attachments constitute the entire agreement between the SFA and FSMC and may not be changed, extended orally or altered by course of conduct. No other contracts will be signed by the SFA. 18.3 Each party to this Contract represents and warrants to the other that: (a) it has the right, power and authority to enter into and perform its obligations under this Contract and (b) it has taken all requisite action (corporate, statutory or otherwise) to approve execution, delivery and performance of this Contract, and (c) this Contract constitutes a legal, valid and binding obligation upon itself in accordance with its terms. 18.4 Any silence, absence, or omission from the Contract specifications concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and all materials, workmanship and services rendered shall be of a quality that would normally be specified by the SFA. 18.5 No course of dealing or failure of the SFA to enforce strictly any term, right, or condition of this Contract shall be construed as a waiver of such term, right or condition. No express waiver of any term, right, or condition of this Contract shall operate as a waiver of any other term, right, or condition. 18.6 Payments on any claim shall not prevent the SFA from making claim for adjustment on any item found not to have been in accordance with the provisions of this Contract. 18.7 It is further agreed between the SFA and FSMC that the exhibits, attachments and clauses attached and designated are hereby in ail respects made a part of this Contract. 18.8 Minority -Owned Business Enterprise Both parties agree to take affirmative steps to ensure that small businesses, minority -owned businesses and women's business enterprises are used whenever possible. Affirmative steps shall include the following: 18.8.1 Include qualified small businesses, minority -owned businesses and women's business enterprises on solicitation lists; 49 18.8.2 Assuring that small businesses, minority -owned businesses and women's businesses are solicited whenever they are potential sources; 18.8.3 When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small businesses, minority - owned businesses and women's business participation; 18.8.4 Where the requirement permits, establishing delivery schedules which will encourage participation by small businesses, minority -owned businesses and women's businesses; 18.8.5 Using the services and assistance of the Small Business Administration and the Department of Commerce's Minority Business Development Agency in the solicitation and utilization of small businesses, minority - owned businesses and women's business enterprises. 18.9 The FSMC shall comply with the Title VI of the Civil Rights Act of 1964; USDA regulations implementing Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; 7C.F.R. Parts 15, 15a, and 15b; FNS Instruction 113 -1, Civil Rights Compliance and Enforcement — Nutrition Programs and Activities; and any additions or amendments to such laws and regulations. 18.10 If this Contract is in excess of $100,000, the SFA and FSMC shall comply with all applicable standards, orders, or regulations, including but not limited to: • The Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), as amended, Executive Order 11738, and Environmental Protection Agency regulations (2 C.F.R. 1532); • Certification Regarding Lobbying pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. 3018); and • Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (Appendix A 7 C.F.R. 3018). 18.11 The FSMC will comply with: • Energy Policy and Conservation Act (42 U.S.C. section 6201 et seq.); • Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 C.F.R. 5); ■ Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 and Department of Labor Regulation (41 C.F.R. Chapter 60); ■ Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3); and ■ Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5). .•1f 18.12 The FSMC is subject to the provisions of 7 U.S.C. section 22094 due to the use of federal funds for operation of the food service program. All announcements and other materials publicizing this program must include statements as to the amount and proportion of federal funding involved. 18.13 The FDACS and the USDA are not parties to this Contract and are not obligated, liable, or responsible for any action or inaction by the SFA or the FSMC. The SFA and the FSMC have full responsibility for ensuring the terms of the Contract are fulfilled. 18.14 To the fullest extent permitted by law, the FSMC agrees to indemnify, defend and hold harmless the SFA and its respective agents, officers and employees from and against any and all claims, demands, suits, liabilities, injuries (personal or bodily), property damage, causes of action, losses, costs, expenses, damages, or penalties, including, without limitation, reasonable defense costs and reasonable legal fees, arising or resulting from, or occasioned by or in connection with (i) any bodily injury or property damage resulting or arising from any act or omission to act (whether negligent, willful, wrongful, or otherwise) by the FSMC, its subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable; (ii) failure by the FSMC or its subcontractors to comply with any Laws applicable to the performance of the Services; (iii) any breach of this Contract, including, without limitation, any representation or warranty provided by the FSMC herein; (iv) any employment actions of any nature or kind including but not limited to, workers' compensation, or labor action brought by the FSMC's employees; or (v) any identity breach or infringement of any copyright, trademark, patent or other intellectual property right. SECTION 19 FOOD SPECIFICATIONS 19.1 All USDA Foods offered to the SFA and made available to the FSMC are acceptable and should be utilized in as large a quantity as may be efficiently utilized. For all other food components, specifications shall be as follows: 19.2 All breads, bread alternates and grains must be whole grain -rich. All breads and grains must be fresh (or frozen, if applicable) and must meet the minimum weight per serving as listed on Exhibit G. If applicable, product should be in moisture - proof wrapping and pack -code date provided. 19.3 All meat and poultry must have been inspected by the USDA and must be free from off color or odor. 19.3.1 Beef must be at least 70:30 lean to fat, preferably 80:20 lean to fat. 51 19.3.2 Poultry should be U.S. Grade A when applicable and should meet the recommendations outlined in Specifications for Poultry Products, A Guide for Food Service Operators from the USDA. 19.3.3 For breaded and battered items, all flours must be enriched for breads /grains credit and breading /batter must not exceed 30 percent (30 %) of the weight of the finished product. 19.3.4 For sausage patties, the maximum fat allowed is 50 percent (50 %) by weight; industry standard of 38 to 42 percent (38% to 42 %) fat preferred. 19.3.5 All cured processed meats (bologna, frankfurters, luncheon meat, salami, others) shall be made from beef and/or poultry. No variety meats, fillers, extenders, non -fat milk solids, or cereal will be allowed. Meats must not show evidence of greening, streaking or other discoloration. 19.4 All cheese should be firm, compact and free from gas holes; free of mold; free of undesirable flavor and odors; pasteurized when applicable; and preferably reduced- or low -fat. All cheese should also have a bright, uniform and attractive appearance; have a pleasing flavor; demonstrate satisfactory meltability; and contain proper moisture and salt content. 19.5 All fish must have been inspected by the United States Department of Commerce (USDC) and meet minimum flesh and batter /breading requirements for a USDC Grade A product or a product packed under federal inspection (PUFI) by the USDC. 19.6 All fresh fruits must be ripe and in good condition when delivered and must be ready for consumption per the USDA Food Buying Guide. At a minimum, fruits must meet the food distributors' second - quality level. Fruits should have characteristic color and good flavor and be well- shaped and free from scars and bruises. Size must produce a yield equal to or greater than the attached 21 -day cycle menu requirements. 19.7 All fresh vegetables must be ripe and in good condition when delivered and must be ready for consumption per the USDA Food Buying Guide. At a minimum, vegetables must meet the food distributors' second- quality level. Vegetables should have characteristic color and good flavor, be well shaped, and free from discoloration, blemishes, and decay. Size must produce a yield equal to or greater than the attached 21 -day cycle menu requirements. 19.8 All canned vegetables must meet the food distributors' first quality level (extra fancy and fancy) and should be low- sodium or no added salt. 52 19.9 Ali canned fruits must meet the food distributors' second quality level (standard). Fruit must be packed in juice, water or light syrup, and all frozen or dried fruit must have no added sweetener (nutritive or non - nutritive). 19.10 Eggs must be inspected and passed by the state or federal Department of Agriculture and used within 30 days of date on carton. Eggs should be grade A, uniform in size, clean, sound - shelled, and free of foreign odors or flavors. 19.11 Sauces, such as gravy, spaghetti sauce, pizza sauce, etc., must be smooth and uniform in color with no foreign substance, flavor, odor, or off color. 19.12 If applicable, the food production facility, manufacturing plant, and products must meet all sanitary and other requirements of the Food, Drug and Cosmetic Act and other regulations that support the wholesomeness of products. 19.13 Meals and food items must be stored and prepared under properly controlled temperatures and in accordance with all applicable health and sanitation regulations. 19.14 All fruit juices must be 100 percent fruit juice. 19.15 When the specification calls for "Brand Name or Equivalent ", the brand name product is acceptable. Other products may be considered with proof that such products meet stated specifications and are deemed equivalent to the brand products in terms of quality, performance, and desired characteristics, as determined by the SFA. 19.16 Food items must meet the sodium target level prescribed in 7 C.F.R. section 210.10 for the applicable school year. 19.17 Nutrition labels or manufacturer specifications must indicate zero grams of trans fat (less than 0.5 grams) per serving. Meats that contain a minimal amount of naturally - occurring trans fats are allowed in the school meal programs. 19.18 Fluid milk must be low -fat (1 percent [1 %j milk fat or less, unflavored only) or fat - free (unflavored or flavored). Two (2) choices must be offered daily as required by the SFA. 19.19 No pork products shall be utilized at Aventura City of Excellence School and to the extent possible within the NSLP regulations, kosher guidelines should be adhered to. 53 Brian Raducci From: Maurice Lichy <koshersubwayinc@aol.com> Sent: Friday, June 05, 2015 10:21 AM To: Brian Raducci Cc: Alm,Julie; kpace@charterschoolsusa.com; Brent Rogers; Eric M. Soroka; Baiiey,Sherrie; Hamner, Tony; antoniolama@hotmail.com; oslama3 @gmail.com Subject: 2015 -5015 NSLP Kosher Subway Hello to all, Thank you again for giving Kosher Subway the opportunity to be the NSLP Vendor for the upcoming new year at The City of Excellence School. it was a pleasure meeting with most of you this morning and we look forward to another successfull year of working together. As we had discussed and agreed to this morning, Kosher Subway will charge $3.86 per lunch and $1.93 per Breakfast during the 2015 -2015 school year. Furthermore, all monies collected on a daily basis will be turned in to a specified school staff member together with an end of day report to verify all funds collected. At the end of each week, Kosher Subway will submit an electronically produced invoice to the City of Aventura for payment of all the meals { Breakfast /Lunchla -la -Cart} served during the wee and payment to be made within 15 day of receipt of the invoice. I hope i covered everything and again we look forward to working together for another year and hopefully many more to follow- Sincerely, Maurice Lichy The J -Cafe Kosher Catering, LLC KOSHER SUBWAY #41895 Elsle's Cafe' 18900 NE 25TH AVE N.M.B., FL 33180 305 -778 -5945 Sponsor Name: Aventura City of Excellence School PROPOSAL SUMMARY Request for Proposal and Contract Food Program Management Services This document contains a proposal solicitation for Food for the Aventura City of Excellence School for the pe ending June 30, 2016 and sets forth the terms a procurement. Upon acceptance, this document shall Sponsor Number 438 Program Management Services riod beginning July 1, 2015 and nd conditions applicable to the constitute the Contract between the FSMC and the SFA. The FSMC shall not plead misunderstanding or deception because of such estimate of quantities, or of the character, location, or other conditions pertaining to the proposal solicitation /Contract. MEAL RATES AND FEES MUST BE QUOTED AS IF NO USDA FOODS WILL BE RFCFIVFD All proposals must be calculated based on the menu(s) in Exhibit B. All proposals shall be submitted using the "Proposal Summary" form- The proposed price(s) must not include the use of USDA Foods or any alternate pricing structure. Proposals must be written in ink or typed in the blank space(s) provided. 2. Fixed Meal Prices for Reimbursable Meals and Meal Equivalents. FSMC shall be paid a fixed meal price (Fixed Meal Price) for each Reimbursable Meal and Meal Equivalent provided by the FSMC under this Agreement as follows: Reimbursable Meals and Meal Equivalents Fixed Meal Price All Reimbursable Meals and Meal Equivalents $ . qo- ^`�'{^ 3. The total cost includes direct pay items that must be funded from Food Service Program revenues, but are included in the Fixed Meal Price paid per meal to FSMC, such as SFA's salary and benefits, indirect cost, commodity and other SFA costs. 4. A meal or meal equivalent shall be calculated as follows: A lunch equivalent includes student reimbursable lunches and full -paid adult lunches, counted as one meal equivalent for each lunch served. A breakfast equivalent includes student reimbursable breakfasts and full -paid adult breakfasts, counted as (.50) meal equivalents for each breakfast served. An afterschool snack includes student reimbursable snacks, counted as (0.25) meal equivalents. A la carte food sales are converted to meal equivalents by dividing the total dollars of a la carte sales by three dollars ($3.00). (All totals must be carried out to the second decimal place and must not be rounded.) 54 ct-? V"_ e'a �_)" W Vq Name of FSMC 0 Q'E-7 Street Address V City Code Fi_ 33180 State W By submission of this proposal, the FSMC certifies that, in the event the FSMC receives an award under this solicitation, the FSMC shall operate in accordance with all applicable current program regulations. This agreement shall be in effect for one year and may be renewed by mutual agreement for four additional one -year renewal terms. IA �-PA &I. Authorized FSMC Name / r Authorized FSMC Signature L � G t"" ACCEPTANCE OF CONTRACT WIN Title 438 Aventura City of Excellence School Sponsor Number School Food Authority (SFA) Signature of Authorized SFA Representative Date Title 49 CITY OF AVENTURA REQUEST FOR PROPOSAL FOOD PROGRAM MANAGEMENT SERVICS RFP # 15- 06 -01 -2 EXHIBIT A SITE INFORMATION LIST NATIONAL SCHOOL LUNCH PROGRAM Sponsor Name: Aventura City of Excellence School Sponsor Number 438 Number of Average Grade Days Daily Serving Times Site Name and Address Levels Meals Served Participation Begin End Breakfast Aventura City of Excellence School K -8 180 (11 7:55 A.M. 8:25 A.M. Elementary School 3333 NW 188`' St. Aventura, FL 33180 Lunch Aventura City of Excellence School K-4 180 c1' 10:00 A.M. 2:00 P.M. Elementary School 3333 NW 188" St. Aventura. FL 33180 Aventura City of Excellence School 5 -8 180 10:00 A.M. 1:00 P.M. 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N Y N �+.- E E 3 U N 7 �rnU)E m Q E Y m Q c O E •� M G) a C ID C j m E��a,_F - mocma,m m c N�cova�Q�� —a m N m= c mm m v n o_° E 'm 2 m °w m CL 75 �> mcN�N Em E o m U Q O C E m m m rn v m CITY OF AVENTURA REQUEST FOR PROPOSAL FOOD PROGRAM MANAGEMENT SERVICS RFP # 15- 06 -01 -2 RESPONDENT'S CERTIFICATION I have carefully examined the Request for Proposal. I hereby propose to furnish the services specified in the Request for Proposal. I agree that my submittal will remain firm for a period of at least 120 days in order to allow the City adequate time to evaluate the submittals and determine a ranking of the most qualified firms. I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of Aventura or any other respondent is interested in said submittal, and that the undersigned executed this Respondent's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. Addendum # I Dated[ 19 '.0p 5 Addendum # Dated Addendum # Dated NAM O BUSINESS m SIGNATURE M� �c c��j NAME & TITLE, TYPED OR PRINTED MAILING ADDR SS 17 1 no � �s � - CITYTATE, ZIP CODE TELEPHONE NUMBER 65 FAX NUMBER t EMAIL ADDRESS STATE OF F49M " ) COUNTY OF X GAw Zac� } SS The foregoing instrumentwas sworn to and subscribed b re me this day of 20 / � by M !% I G Z- /Cy who is per nally known to me or produced qo�44 )r4 as id tifi,oation. n OTARY PUE11C, State of Print Name: Commission No.: / 1 Commission Expires: A 64"1 " " : " "'••• CARMENZA MEJ1A Notary Public - 5tate of Florida �= my comm. Expires NOV 16.2019 Carnmission v fF 146622 M. CITY OF AVENTURA ADDENDUM 41 FOOD PROGRAM MANAGEMENT SERVICES RFO # 15- 06 -01 -2 DATE OF ADDENDUM: Tuesday, May 19th, 2015 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CLARIFICATION None at this time PLEASE NOTE THE FOLLOWING QUESTIONS AND ANSWERS: Question 1. Alternate pricing structures (proposals) are not allowed under this RFP correct? kilsiker: Correct, alternate pricing structures are not allowed. However, a flat rate would be the same as a fixed meal price, which is what the RFP is asking for. The Proposer need to provide a price for the meals that will not change during the 1 year contract. PLEASE NOTE THE FOLLOWING ADDITIONS: To all Proposer's who submit a proposal on June 1, 2015 at 2:OOPM will be required to hold a Food Sampling on Wednesday, June 3, 2015 at 1:OOPM. END OF ADDENDUM #1 CITY OF AVENTURA REQUEST FOR PROPOSAL FOOD PROGRAM MANAGEMENT SERVICS RFP # 15- 06 -01 -2 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICAL AUTHORIZED TO ADMINISTER OATHS. 1. This By: _ For: statement is submitted to the CITY OF AVENTURA, FLORIDA HA,V? &.,_P t�-- t L V _ •-I individual.'k name and (print name of entity submitting sworn statement) whose business address is: FL .3 3 i and (if a plicable) its Federal Employer Identification Number (FEIN) is: , ;1:7 - � Of the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a " "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or non contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 67 Z An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers' directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity_ 6. used on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement_ (Indicate which statement applies). o Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. a The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. �zo.►► CARMENZA MEJIA z Notary Public - Stare of Florida My Comm. Expires Nov 16, 2018 ' Lr '4;,cs R�;;•� Commission # FF 1466 92 Signature Sworn to and subscribed before me this 7A day 20137 0 /3 Personally known GvS�e� OR Name of Notary Pcoduced identification Notary Public — State of .• CITY OF AVENTURA REQUEST FOR PROPOSAL FOOD PROGRAM MANAGEMENT SERVICS RFP # 15- 06 -01 -2 BUSINESS ENTITY AFFIDAVIT (VENDOR/BIDDER DISCLOSURE) I, State: being first duly sworn The full legal name and business address of the person(s) or entity contracting or transacting business with the City of Aventura ( "City ") are (Post Office addresses are not acceptable), as follows- 0 2--q Federal Employer Identification Number (If none, Social Security Number) k05�,,e-o,— , L L C M Name of Entity, Individual, Partners'or Corporation i 9100 o e� &40 F -- 3319D Street Address Suite City State Zip Code OWNERSHIP DISCLOSURE AFFIDAVIT 1. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows: Full Legal Name Address Ownership r'"l'tU+l1evy t� b2-;f Gwidr�� °ro -- r 70 The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have; any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows: Signature of Affianf Date Print Name Sworn to and subscribed before me this day of , 20/5 Personally known OR K6t4ry Pubfi Produced identification Notary Public -- State of Type of identification My Commission expires: µaYlhpe Pr / Publi slate a d co Comm. Expires Nov 16.2019 Commission N FF 146882 71 CITY OF AVENTURA REQUEST FOR PROPOSAL FOOD PROGRAM MANAGEMENT SERVICS RFP # 15- 06 -01 -2 "NO BID or PROPOSAL" RESPONSE RFP # 15- 06 -01 -2 If your firm is unable to submit a bid, please complete and return this form prior to date shown f-Qr receipt of proposal, and return to: CITY OF AVENTURA We have declined to, propose on RFP # 15- 06 -01 -2, fort following reasons: l We do hot offer this service /product Our schedu would not permit p4 to perform Unable to meet s ecificatioys Unable to meet bondrance requirements Specifications u clar (please explain below) Other (please, specify below) REMARKS r Typed Name and Title Company Name Address Business Phone Fax Number 72 CITY OF AVENTURA REQUEST FOR PROPOSAL FOOD PROGRAM MANAGEMENT SERVICS RFP # 15 -06 -01 -2 REFERENCES Proposer shall submit as a part of the proposal package, at least five (5) business references with Project Name /Title, Client Name with Address, Telephone & Fax Numbers, Project Location, Fee Charged, Source of Funds, and Performance Period that have utilized the services being proposed to the City. (Indicates required information) Name: Contact Name: *Address: *Telephone No.: ��5 - �6 6 - 1 �-9 ( _ Cell Phone No_: *Fax No.: Email: :" 9M/U Date of Contract:- J� Z�I L/ 1 Name: Contact Name: *Address: *Telephone No.: " q 3) -00_[b Cell Phone No.: Date of Contract: *Fax No.: Email: N �-•A-12 4- J 73 REFERENCES continued Name- Contact Name: Address: r7c 1-�N �� t 04 vrt� *Telephone No..- �� ` *Fax No.: Cell Phone No.: Date of Contract: Email: 56e -i-A) g-s&, e_) Name: /6 fX4-�,t �az-v" � Contact Name: 9t5 7-4 149 9(-C, � *Address: �53oo �5 w ` 'rte . ):-�r FL_ 33311V *Telephone No Cell Phone No.: Date of Contract: 01 ` 9� Y� Z � `Fax No.- Email : q_5 S Name: Contact Name: AT[ V it s *Address: l (0 15 �� c � 14- L 4th vet LIAd Ai �_ P'� � -- *Telephone No.: �% " �f *Fax No.: Cell Phone No.: Date of Contract: '77-1 l Email: 74 Kosher Subway 15900 NE 251" Ave North Miami Beach, FL 33180 Experience and Qualifications Kosher Subway has been a Kosher National Approved School Lunch Vender since 2008. We started with one school (ACES) in 2009 and have been their School Lunch Vendor ever since. We are happy to say that today we participate in 6 other schools both public and private and serve only Kosher School Breakfast & Lunch Programs. We are Kosher Certified through Kosher Miami which is the Kosher Supervision Authority in Miami -Dade County. Currently our kitchen facility is located within 2 miles of The City of Aventura and we are capable of feeding over 1,200 students a day. References: Aventura City of Excellence School 3333 NE 1881 St Aventura, FL 33180 (305) 466 -1499 Ms. Julie Alm - Principle jalm@aventuracharter.org Mr. Tony Hamner - Business Manager thamner@aventuracharter.org Herman and Miriam Tauber Academy @ Aventura Turnberry Jewish Center 20400 NE 30th Avenue, Aventura, Florida 33180 (305) 931 -0010 Mrs. Cindy Behar - School Director cbehar@tauberacademy.com Ms. Joana Matalon- School Assistant Director jmatalon@tauberacademy.com Hebrew Academy 2400 Pine Tree Drive Miami Beach, FL 33140 (305) 672 -6191 Mrs. Sandy Bernstein- School Administrator SBernstein @rasg.org Brauser Maimonides Academy 5300 SW 40th Ave Fort Lauderdale, FL 33314 (954) 989 -6886 Mr. Seth Abels Director of Operations sabels@brauser.us CITY OF AVENTURA REQUEST FOR PROPOSAL FOOD PROGRAM MANAGEMENT SERVICS RFP # 15- 06 -01 -2 DRUG -FREE WORKPLACE AFFIDAVIT FLORIDA STATE STATUTE 287.087 In order to have a drug -free workplace program, a business shall: a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 1) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 2) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 4) Make a good faith effort to continue to maintain a drug -free workplace through the implementation of this section. FLORIDA STATE STATUTE 287.087 As the person authorized to sign the statement, I certify that is firm complies fully with the above requirements. Vendor's Signature 75 W-9 Request for Taxpayer Give Form to Iva 201lj _: - Identification Number and Certification requester, Do not sond to the IR& M-14 -2___1 Namr, (as shown C-n ycur. ir=". LjJK mnL_". K06( ni rm;rxV"wzk-d mt4 -wffm, if ahave Q a 53r� l_�� MW daWIFXf-han- k 3 ❑ E] C Cup=w- ❑ S C-Fg—a,. ❑ Parn p ❑ Tnmeovude K I 1s_-mpt �Vee ro-Iff fd w 1, Al Cr.5wffiUQwn kc-C S-S Cfi q'-5mtm N5.4 Eked' puron fi= rA7CA repwtil'7 a*& fa v El Add -z �-nirnter, sweef wd Bpr r aA-_ ro.j kovwr.*t and ZIP csd_- Lst mjra-�jmj Kem lopfinW) W74W Taxpayer IdentfficaMn Number (TIN) Erneryour TIN m the aW_Wna1ev3x. 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