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Res No 105-22-15858RESOLUTION NO. 105-22-15858 A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. WHEREAS, the City's Parks and Recreation Department manages senior program services at the Senior Center, located at 6701 SW 62 Avenue South Miami, FL 33143; and WHEREAS, the weekend delivery meal service entails two (2) prepackaged meals each weekend to sixty-five (65) senior residents at the HUD Senior Center for fifty-two (52) weeks, totaling 6,760 meals on an annual basis. Meals will be delivered on Friday to residents' units; and WHEREAS, the City's current agreement for weekend meal delivery service expires August 13,2022;and WHEREAS, the City issued a Request for Proposals ("RFP") #PR2022-12 on Thursday, May 19, 2022. Two (2) submittals were received as outlined below; and Bidder(s) Bid Price Sushi Maki Catering Corp d/b/a $173,799.60 Medley Gourmet Foods ✓ Greater Miami Caterers, Inc. $213,210.40 WHEREAS, City staff finds Sushi Maki Catering Corp d/b/a Medley Gourmet Foods' bid proposal to be responsive and responsible. Sushi Maki Catering Corp d/b/a Medley Gourmet Foods has many years of experience and a solid track record in providing high quality service through catering meals to seniors and other community groups, as well as direct food service at its 7 different restaurants and 16 kiosk locations under the brand name Sushi Maki. Said organization is currently providing ready-to-eat meals for homebound seniors with the Area Agency on Aging of Broward County; and WHEREAS, this agreement is for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options-to-renew, for a total of five (5) consecutive years; and WHEREAS, the contract amount shall not exceed $173,799.60 over the five-year contract term. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Page 1 of 2 RESOLUTION NO. 105-22-15858 A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. WHEREAS, the City's Parks and Recreation Department manages senior program services at the Senior Center, located at 6701 SW 62 Avenue South Miami, FL 33143; and WHEREAS, the weekend delivery m ea l service e ntails two (2) prepackaged meals each weekend to sixty-five (65) se nior residents at the HUD Senior Center for fifty-two (52) weeks, totaling 6,760 meals on an an nual basis. Meals wi ll be delivered on Friday to residents' units; and WHEREAS, the City's current ag reem ent for weekend meal delive ry service expires August 13,2022;and WHEREAS, the City issued a Request for Proposals ("RFP") #P R20 22-12 on Thursday, May 19, 2022. Two (2) sub mittals were received as outlined below; and Bidder(s) Bid Price Sushi Maki Catering Corp d/b/a $173,799.60 Medley Gourmet Foods ✓ Greater Mia mi Caterers, Inc. $213,210.40 WHEREAS, City staff finds Sushi Maki Catering Corp d/b/a Medley Gourmet Foods' bid proposal to be resp onsive a nd responsible. Sushi Maki Catering Corp d/b/a Medley Gourmet Foods has many years of experience and a sol id track record in providing high quality service throu gh catering meals to se niors and other community groups, as well as direct food servi ce at its 7 different restaurants and 16 kiosk l ocations under the brand n ame Sushi Maki. Said organization is currently providing ready-to-eat meals for homebound seniors with the Area Agency on Aging of Broward County; and WHEREAS, this agreement is for a one (1) year period. At the d is cretion of the City Manager, the contract may be extended for four (4), one (1) year options-to-renew, for a total of five (5) consecutive years; and WHEREAS, the contract amount shall not exceed $173,799.60 over the five-year contract term. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Pa g e 1 of 2 Res. No . 105 -22-15858 Section 1. The fo r egoing r ecitals are h ereby ratified and confirmed as being tru e and correct and are h e r e by made a spe cific part of this reso lution up on adopti o n hereof. Section 2. The City Manager i s hereby authori zed to execute an agreement and to procu re professional caterin g services with Sush i Maki Catering Corp d/b/a Med l ey Gou rm et Foods for one (1} year with four (4}, o n e (1) year options-to-renew, for a total of five (5} consecutive years. The con tract amou nt shall not exceed $173,799.60 over a five-year term. Th e total ex p enditure shall be charged to the Parks and Recreation Senior Citizens Program account number 001-2 000-572-5680. Secti o n 3. Corrections . Conforming langu age o r technical sc ri vene r -type corrections m ay be made by the Ci ty Attorney for an y conforming amendments to be inco rporated into the fina l resolution for signature. Section 4. Seve rability. If any secti on clause, sentence, or phrase of th is resolution is for any r easo n held i nva lid or unco n stitutional by a court of competent jurisdicti on, the h o l ding wi ll not affect the val id i ty of the remaining portions of this resolution. Section 5 . Effective Da te. This resolution wil l become effective im mediately upon adopti on. PASSED AND ADOPTED this 16th day of August, 2022. ATTEST: ~\~ READ AND APPROVED AS TO FORM, LANGUAGE, LEG A LITY, AND :x~ef i? CITY ATTORNEY COMMISSION VOT E: Mayor Phi l ips: Commissioner Harris: Com missioner Gi l : Commissioner Liebman: Commissioner Corey: Pa ge 2of2 5-0 Yea Yea Yea Yea Yea Agenda Item No:10. City Commission Agenda Item Report Meeting Date: August 16, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City’s senior meals program. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Memo-Senior Meal Service.docx Resolution-Senior Meal Service 2022.docx CORRECTED Bid Tabulation Senior Meal Program 6.21.22.pdf Sushi Maki Bid Proposal.PDF RFP Solicitation Packet 5.19.22 CArev.pdf Page 3-DBR Advertisement.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE:August 2, 2022 SUBJECT:A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City’s senior meals program. BACKGROUND:The City’s Parks and Recreation Department manages senior program services at the Senior Center, located at 6701 SW 62 Avenue South Miami, FL 33143. The weekend delivery meal service entails two (2) prepackaged meals each weekend to sixty-five (65) senior residents at the HUD Senior Center for fifty-two (52) weeks, totaling 6,760 meals on an annual basis. Meals will be delivered on Friday to residents’ units. Each meal is specifically designed to meet the nutritional needs with appropriate portion sizes for adults. The City’s current agreement for weekend meal delivery service expires August 13, 2022; therefore, a solicitation was issued for a replacement agreement to take effect on August 14, 2022. The City issued a Request for Proposals (“RFP”) #PR2022-12 on Thursday, May 19, 2022. Two (2) submittals were received as outlined below. Bidder(s)Bid Price Sushi Maki Catering Corp d/b/a Medley Gourmet Foods  $173,799.60 Greater Miami Caterers, Inc.$213,210.40 City staff finds Sushi Maki Catering Corp d/b/a Medley Gourmet Foods’ bid proposal to be responsive and responsible. Sushi Maki Catering Corp d/b/a Medley Gourmet Foods has many years of experience and a solid track record in providing high quality service through catering meals to seniors with the Area Agency on Aging of Broward County and other 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM community groups, as well as direct food service at its 7 different restaurants and 16 kiosk locations under the brand name Sushi Maki. Additionally, as requested, Sushi Maki Catering Corp. provided a total of four (4) different meal samples. Each meal sample provided was a well portioned variety of protein, carbs/starch, vegetables/salad, and a dessert/fruit. Furthermore, the meal containers were clean and labeled properly with the menu, portion sizes, heating directions, packaged expiration dates. CONTRACT PERIOD:This agreement is for multiple one (1) year periods. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options-to-renew, for a total of five (5) consecutive years. EXPENSE: Five (5) year contract total shall not to exceed $173,799.60 Term(s)Annual Total Year 1: Aug. ’22-‘23 $32,110 Year 2: Aug. ’23-‘24 $33,394.40 Year 3: Aug. ’24-‘25 $34,678.80 Year 4: Aug. ’25-‘26 $36,098.40 Year 5: Aug. ’26-‘27 $37,518 TOTAL $173,799.60 ACCOUNT:The total expenditure shall be charged to the Parks and Recreation Senior Citizens Program account number 001-2000-572-5680, which has a remaining balance of $15,858. ATTACHMENTS:Resolution Bid Tabulation Proposal: Sushi Maki Catering Corp d/b/a Medley Gourmet Foods RFP Solicitation Packet Daily Business Review Advertisement 3 EXHIBITS PROFESSIONAL SERVICES CONTRACT WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 • 12 THIS CONTRACT, entered into this.m-ay of I AuguSt I. 20 't 't , by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: skamali@southmiamifl.~ov and Sushi Maki Catering Corp with an office and principal place of business located at 8025 NW 90th Street, Medley, FL , and E-mail address of catering@sushimaki.com and Facsimile transmission number of 305.885 .1725 (hereinafter called the "CONTRACTO) WITNESSETH: WHEREAS, the CITY needs WEEKEND SENIOR MEAL PROGRAM; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required goods and/or services based on CONTRACTOR's representations wh ich reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (I) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby retains CONTRACTOR t o provide t he goods and/or services, all of which is set forth in Scope of Services, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work"). • Respondent's Bid Form, attached as "Exhibit 3 • Respondents Cost & Technical Proposal attached as "Exhibit4" (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (I) above) and the following documents, as w ell as any attachments or exhibits that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit I • CITY's Insurance & Indemnification Requirements, attached as Exhibit 2 • Solicitation documents for WEEKEND SENIOR MEAL PROGRAM RFP #PR2022-12. This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 including the CONTRACTOR's Bid Form and CONTRACTOR/ Respondent's Cost and Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (I) above, and in this paragraph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Man ager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows : Name: Paula Mostafa e-mail: paula.mostafa@sushimakj .com ; Fax: 305.885 . 1725 Street Address: 8025 NW 90th Street. Medley, Florida 33166 (5) Scope of Services: The goods and/or services to be provided are as set forth in the Scope of Services, attached as "Exhibit I. (6) Compensation: The CONTRACTOR's compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in S2 of58 CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4, unless modified in writing signed by the CITY and CONTRACTOR. (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays. is included in the Contract Price. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager. or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for a ONE (I) YEAR PERIOD with FOUR (4) ONE (I) Year Options-to- Renew, for a term not to exceed FIVE (5) Consecutive Years. The Options to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. ( I 0) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County. Florida. ( I I) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations. and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein. I) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. ( 12) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. ( 13) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. ( 14) Jury Trial Waiver: The parties waive their right to jury trial. ( I 5) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. ( 16) Public Records: CONTRACTOR and all of its subcontractors are required to complywith the public records law (s.119.0701) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions. must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt 53 of SB or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency: and ( d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract. the CONTRACTOR must destroy any duplicate public records that are exempt orconfidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 2) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. ( 17) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail, or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e.mail) or facsimile transmission numbers set forth below: To CITY: With copies by U.S. mail to: To CONTRACTOR: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmlamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail; tpcpe@southmiamifl.gov Sushi Maki Caterin1 Corp 8025 NW 90cti Street. Medley, FL 33166 E-mail: cateripg@sushlmaki.com ( 18) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt. execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. 3) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its 54 of58 personnel, including volunteers. from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. (19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. (20) Transfer and Assignment. The services under this Contract may not be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (21) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms. conditions. wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR's price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (22) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E- Verify system to verify work authorization status of all employees hired after January I. 2021. The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Contract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I). Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY. upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied, must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; ( d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; ( e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contract is terminated pursuant to paragraph b. or c. above; (t) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one ( I) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this Contract. (23) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work. are prohibited from discriminating against anyone on the basis of race. color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to 55 of 58 prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. Contractor must include in all of its subcontracts the following clause: Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City. including the hiring and r e tention of employees for the performance-of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality). height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, or disability, or any other classi fication that is federally defined as a "protected class". Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance a nd intending to be legally bound by the terms hereof. Witnesse¾ ,4, /h /1) By: ~~ ~ .P :~w~ Nk~ Payn' City Clerk CONTRACTOR: Sushi Makt Ca+e,,'ng &>rp. By: ---{l~a_ ~£_, Pa.lA..la.. Mos+a..fu. 1 VP d-Fm4r1a.~ <f-Ac&Jvn+i [print name and title of signatory] CITY OF SOUTH MIAMI By:~D, & ~r::~ Shari Kamali City Manager Read and Approved as to Form, Language, ::~l;ty,,ad &;;;;~ jSney END OF SECTION 56 of 58 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A Weekend Senior Meal Program RFP #PR2022 -12 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the "Work"). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. All work is to be completed in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attachments A, B, and C , all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, public playground safety standards, rules and guidelines. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. II. SPECIFIC REQUIREMENTS: The City is soliciting proposals from highly qualified firms for two (2) prepackaged meals for approximately sixty-five (65) residents at the City of South Miami Senior Center, 670 I SW 62 Ave, South Miami, FL, 33143. The program will provide approximately 130 meals to 65 senior residents at the City of South Miami Senior Center, delivered every Friday for 52 weeks, which totals 6,760 meals on an annual basis. Meals are to be delivered to individual room units to seniors residing at the City of South Miami Senior Center. Meals shall consist of the "Food Specifications", identified as Exhibit I, Scope of Services, Attachment B. Senior meals shall consist of "Cycle Menus." Please refer to "Sample Weekend Cycle Meal Schedules" identified as Exhibit I, Scope of Services, Attachment C, shall be rotated for each four (4) week period, Menu "A" and Menu "B." Note: The "Sample" menu cycle is provided a guideline only and represents a "sample" of a potential menu cycle. The awarded Respondent shall receive prior al'l'roval from the City before implementing a menu cycle. MINIMUM QUALIFICATIONS FOR THE AWARD: To be eligible for award the following requirements must be met: 36 of 58 A. Respondents shall provide a copy of its most current annual inspection report from the Florida Department of Health. The report must show corrective action, if applicable, where deficiencies are noted. If the report is not provided, the Respondent's proposal will be considered non-responsive. B. Respondents shall submit proof of registration with the State of Florida's Department of Elder Affairs, Food and Nutrition Management (Adult Care Food Program) with the submittal. Respondents shall also provide the following documents with the submittal: • Local Business Tax receipt issued by South Miami or government entity having jurisdiction where the business is located. • Copy of Food management certificate. • Copy of Department of Business and Professional Regulations certificate. • References as described in Section "C" below and, "Respondents Qualification Statement" in the RFP. • A mock sample of the label described in Section "D". • A sample of the "insulated container" trays, seal, label and carton described in Section "f." C. Respondents shall provide three (3) references of existing customers. Refer to "Respondents Qualification Statement" in the RFP. The references listed must be customers that are currently receiving or have recently received from the Respondent catering services of at least I 00 people or more. The references must include the customer's name, and the name, title, address, and telephone number of the contact person who can verify that the· Respondent has successfully provided the services that the Respondent is offering under this solicitation. These references shall ascertain to the City's satisfaction that the Respondent has sufficient experience and expertise in providing meals for the elderly program. D. Food Labels: Every food product should be labeled with the food item enclosed, the number of portions, portion size, day of usage, expiration date, total quantity and name. Each meal shall be identified and appropriately labeled as to contents and directions for proper heating. (Type of print to be no smaller than Elite type). Label shall withstand the heat of conventional, toaster or microwave ovens without turning brown and/or burning. Lids shall be fireproof. Ink used on label shall not smear or rub off. Labels must be easily removable by clients. E. Insulated Containers: Meals are to be packaged no more than 36 meals to an insulated thermal container. The outer corrugated insulated thermal container is to be minimum 200 pound test, sufficiendy constructed to protect product and to withstand normal handling. Within the insulated thermal container, meals are to be packed (egg-crated) 4 meals per layer (tray) with nine layers per carton. Between each layer of meals, a corrugated insert must be added. F. Meal Packaging: All meal entrees are to be packaged in three compartment containers that can be heated in toaster oven, conventional oven, and/or microwave oven. Containers are to have a clear strong-self venting peelable film. 37 of 58 Desserts, puddings and other side items muse be packaged separately in sealed containers. Breads shall be packaged in clear clean plastic bags or cellophane wrapping or film. Desserts are co be packaged in container with sealed peelback - type film. NOTE: Respondents shall submit a sample of the food container and box label. RESPONDENTS SHALL PROVIDE A MOCK SAMPLE OF THE LABEL AND SAMPLE OF THE FOOD CONTAINER: MOCK LABELS AND CONTAINERS SHALL BE DELIVERED OR MAILED, BY THE SUBMITTAL DUE DATE, TO: Attn: City Clerk RFP #PR2022-12 Nkenga A. Payne, CMC City of South Miami 6130 Sunset Drive South Miami, Fl 33143 The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/. Samples of Label and Food containers must be submitted to the address above by the submittal due date. For purposes of meal sanitation, the packaging surrounding the meal must remain sealed during handling. Each meal is to be sealed in material that can withstand heat of a conventional oven, toaster oven or microwave oven. INSPECTION OF FOOD The City reserves the right co inspect and determine the quality of food delivered and reject any meals which do not comply with th e requirements and specifications of t he contract. It is the responsibility of the City co serve the required amount specified in the meal pattern. le is the responsibility of the successfu l bidder co provide sufficient amounts of each menu items co be served. The successful bidder shall not be paid for unauthorized menu changes , incom plete meals , meals not delivered within the specified delivery time period, meals not delivered at the required temperature, meals not delivered in the ap propriate contai ners, meals which contain spoiled or unwholesome food items and/or meals chat are rejected because they do not comply with the specifications. The City reserves the right co obtain meals from ocher sources if meals are rejected due co any of the stated reasons. The successful bidder shall be responsible for reimbursing the appropriate center within 24 hours for the cost associa ted with any alternative feeding measures. The City shall notify the successful bidder in writi ng as co the number of meals rejected and the reasons for rejection. The plant where meals are produced muse be United States Department of Agriculture (USDA) or the Food and Drug Administration (FDA) inspected, approved for meat and poultry, with continuous on-site USDA or FDA 38 of 58 inspections, as applicable. Bidder must include USDA or FDA plant number in the appropriate space provided on the bid proposal. NO SUBCONTRACTING The successful bidder shall not subcontract with any company for the partial or total preparation or the delivery of the meal and shall not assign their contract or any interest therein without the advanced written consent of the City. In the event of any assignment, the successful bidder shall remain liable to the City as principal for the performance of all his obligations under this contract. SPECIAL DIETS Some meals are required to be modified to meet the special dietary needs of the facility's clients as prescribed by their physician. These meals may be prescribed to be low fat, low cholesterol, restricted in sugar, or have other restrictions indicated by the client's physicians. Copies of the physicians 11 order will be provided to the successful bidder 24 hours in advance. The estimated number of modified meals is shown in Schedule "A". These meals must be pre-packed in separate containers labeled with the facility's name, the client's name, the type of special diet, and the date of production. MENUS Four week cycle menus, one for each program are attached as samples, (See Exhibit I, Attachment "C"). The cycle menus shall be strictly adhered to by the vendor. Any substitutions of food items will not be accepted unless prior approval has been given in writing by the Department Human Services. If substitutions are made without prior approval the program will disallow payment of such meals. PROJECT FUNDING: This project and program is funded through City funds. The City may secure a grant or multiple grants to cover all or part of the funding over the contract term. Ill. SITE LOCATION: The catering project will be held at City of South Miami Senior Center, 670 I SW 62 Ave, South Miami, FL, 33143, South Miami, FL, 33143. IV. PRICING -LUMP SUM PRICING: Proposal pricing must be submitted completing Exhibit 3 "Respondents Sid Form" and Exhibit 4, "Respondents Cost and Technical Proposal," and shall include all cost associated with completing this project as outlined in the scope of services. It is the City's intention to award this project to a single Contractor. VI. CONTRACT PERIOD: A contract will be awarded for a one (I) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (I) year options-to-renew, for a total of five (5) consecutive years. BID, PERFORMANCE AND PAYMENT BONDS ARE (NOT) REQUIRED FOR THIS PROJECT. END OF SECTION 39 of 58 EXHIBIT #I SCOPE OF SERVICES Attachment B Weekend Senior Meal Program RFP #PR2022 -12 "FOOD SPECIFICATIONS" SODIUM CONDIMENT No salt, accent, or any other sodium condiment should be used in preparation of food. FOOD SPECIFICATIONS The following items must be supplied as specified: A. Vegetables a. Vegetables shall be frozen, not canned. B. Salads a. Tossed salad shall be as indicated on menus or other items as specified on menu cycle. b. Salads made with mayonnaise shall arrive at 40-degree F temperature C. Milk/Dairy a. Milk must be fluid, I% low fat, pasteurized, fortified with Vitamin A and D. b. All milk is to be iced. The ice must be in a solid state at time of delivery. Milk shall be packed in iced, in dean/closed thermal containers not containing cracks. Milk shall be packaged in 8 ounce cartons. Cheese must be natural or processed with not more than 3.9% moisture. Cheese food is not acceptable. Yogurt must be low fat and may contain artificial sweeteners and flavors. D. Bread a. All bread, cereal, cracker, and cookie products must be made with whole grain, enriched flour or meal as the primary ingredient. No trans-fat allowed E. Fruit a. All fruits, juices, and vegetables must be USDA Grade A/Fancy. Fruits may be canned (except where fresh is indicated on menu) and must be packed in light syrup, water or natural juice. All fruit juices must be I 00% full-strength and pasteurized. All fresh bananas are to be delivered one day prior green tipped. F. Meat a. Meat, poultry, and eggs must be procured from USDA inspected facilities. Ground chuck and luncheon meats must be at least 85% lean. Luncheon meats and frankfurters (if by special request) must contain no variety meats. Chicken must be USDA Grade A and from fryers with weight of no less than two (2) pounds, 4 ounces. Chopped ham, chicken roll, and turkey roll cannot be used. Tuna must be Grade A, chunk light, packed in water and must be U.S. Government inspected. Eggs must be USDA Grade A. Fish must be Icelandic 40 of 58 only and bear USDC and U.S. Grade A shield on packaging; batter must be crunchy type breading. Peanut butter must be made from Grade A peanuts and of a smooth, thick consistency. G. Margarine a. Margarine is to be supplied in case lots to each site for use with breads and as vegetable seasoning. Margarine must be I 00% canola or canola oil combination. No trans-fat allowed H. Soup a. Soups shall be low sodium I. Coffee a. Regular coffee decaffeinated coffee, tea bags and "Cuban" styled coffee will be delivered in bulk lots in advance by the successful bidder so that they can be prepared by the facility's staff in time for the meals. Quantities will be determined by the menus and the number of servings requested by the facilities J. Cereals a. All dry cereals will be low sodium, low sugar, and individually boxed. All cookies or crackers will be individually packaged in the quantity required to be served to each client. All milk will be packaged in eight (8) ounce leak proof containers. All juices will be packaged in four (4) ounce leak proof containers. Fresh fruits will be packaged in bulk containers. Items that are to be served with breakfast are required to be delivered on the preceding business day that the center is open. END OF SECTION 41 of 58 EXHIBIT #I SCOPE OF SERVICES Attachment C Weekend Senior Meal Program RFP #PR2022 -12 "SAMPLE WEEKEND CYCLE MEAL SCHEDULES" Note: The "Sample" menu cycle is provided a guideline only and represents a "sample" of a potential menu cycle. The awarded Respondent shall receive prior approval from the City before implementing a menu cycle. WEEK I MENU A MENU B Braised Beef in Tomato Sauce Cuban Tamai White Rice Red Beans & Rice Split Pea Soup Sliced Carrots Green Beans Vanilla Pudding Dinner Roll Dinner Roll Banana Milk Milk WEEK2 MENU A MENU B Chicken Meat Balls in tomato sauce Yellow Rice Spaghetti Fried sweet plantains Italian mixed vegetables Peas & Carrots Garlic Bread Dinner Roll Corn Chocolate with cream Rice Pudding Milk Milk WEEKJ MENU A MENU B Media Noche Sandwich 3 Ham CroQuettes Black Bean Soup Yellow Rice with Ham & Sausa2e Oran2e luice Peas & Carrots Debbie Cake Chocolate Puddinf MariQuitas Dinner Roll Milk Milk 42 of 58 WEEK4 MENU A MENU B Moro Ground Beef Pork Chuncks White Rice Boiled Casava with Moio Green Beans Apple luice Dinner Roll Cuban Dinner Roll Fruit Cuo Fruit cocktail Milk Milk END OF SECTION 43 of 58 Insurance EXHIBIT 2 WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 Insurance & Indemnification Requirements A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (orfor such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 44 of 58 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, 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. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella 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 with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of 45 of 58 this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSUL TANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten ( I 0) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." e: If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute, and unfettered discretion. 46 of 58 Indemnification Requirement A FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 47 of 58 EXHIBIT 3 WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 • 12 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami , FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachments A, B & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package . 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing wi th the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, incl uding the Contract if not already submitted, wi thin ten ( I 0) calendar days after the date of the City's Notice of Award. 3 . In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Re spondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnish ing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction si t e by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, wi ll not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, r eports and studies with the terms and conditions of the Contract Documents. 48 of58 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project In accordance with Exhibit I shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person Sushi Makj Caterine Corp d/b/a Medley Gourmet Foods 8025 NW 90th Street. Medley Florida 33166 305,336,031 O 305,885.1725 Paula Mostafa 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 49 of 58 9. This proposal is submitted by Sushj Makj Catering Corp whose address is 8025 NW 90'h Street, Medley. Fl 33166 , whose telephone number is 305,336.0310 , whose fax number is __ 305.885 .1725 . whose email address is paula.mostafa@sushimaki.com and whose authorized representative signing this Bid Form is Paula Mostafa whose t itle is VP of Financ e & Accounciog I 0. By submitting this proposal, I, for myself and on behalf of the busin ess that I represent. hereby agree co the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if a ny , checked and any blank lines filled in with the appropriate information contained in the Solicitatio n Documents and this Proposal, or such information that the City and I have agreed upon in the co urse of contract negotiations and that has been confirmed by the Ci ty in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity re ferenced in this Bid Form, that I have authority to bid for that entity, tha t I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: §~ Paula Mostafa [Print signatory's name] Date of Executi o n: -0_6_!2_0_/_20_2_2 _______ _ END OF SECTION 50 of 58 EXHIBIT 4 RESPONDENTS COST AND TECHNICAL PROPOSAL Weekend Senior Meal Program RFP #PR2022 -I 2 Respondents t o this RFP must complete and in clude the Respondent's Cost and Technical Proposal, in accordance with Exhibit I, Scope of Services, Attachment A, 8, & C with their submittal. Fai lure to do so shall render the Proposal non-responsive and the Proposal shall be rejected from further consideration The program will provide approximately 130 meals to 65 senior residents at the City of South Miami Senior Center, delivered every Friday for 52 weeks, which totals 6,760 meals on an annual basis. ( 130 MEALS PER X 52 WEEK) WEEKS (6,760 MEALS) MEAL UNIT PRICE ANNUAL TOTAL YEAR I $ 4.75 $ 32.091 YEAR2 $ 4 .94 $ 33.375 YEAR3 $ 5.13 $ 34 710 YEAR ◄ $ 5.34 $ 36 098 YEARS $ 5.55 $ 37 542 FIVE-YEAR CONTRACT TOTAL $ 173 817 PROPOSAL SUBMITTED BY: Sushi Maki Catering Corp d/b/a Medley Gourmet Foods Company Paula Mostafa Name of Person Authorized to Submit Proposal --GauftLJVknf ~ Signature VP of Finance and Accounting Title Telephone Number .ao5-~es--,12£ Fax Number ~.mo~+-a.fa_@)~oshima.ki. com Email Address: END OF SECTION 51 of 58 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #PR2022 - 12-0-2022/SK Bid Name WEEKEND SENIOR MEAL PROGRAM Bid Due Date 06/21/2022 10:00:00 Eastern Bid Opening Closed 2 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .Greater Miami Caterers, Inc.06/20/2022 16:07:09 Eastern 4001 NW 31 Avenue, Miami, FL, 33142 $213210.40 00 0.0000 Bidding Document 2 .Sushi Maki Catering Corp 06/20/2022 19:31:08 Eastern 8025 NW 90th Street, Miami, FL, 33166 $617.5000 0.0000 Bidding Document 6 MEAL UNIT PRICE 130 MEALS PR WK X 52 WEEKS 6,760 MEALS SUSHI MAKI BID AMOUNT DIFF. YEAR 1 $4.75 $617.50 $32,110.00 $32,110.00 $32,091.00 -$19.00 YAER 2 $4.94 $642.20 $33,394.40 $33,394.40 $33,375.00 -$19.40 YEAR 3 $5.13 $666.90 $34,678.80 $34,678.80 $34,710.00 $31.20 YEAR 4 $5.34 $694.20 $36,098.40 $36,098.40 $36,098.00 -$0.40 YEAR 5 $5.55 $721.50 $37,518.00 $37,518.00 $37,542.00 $24.00 $173,799.60 $173,799.60 $173,817.00 MEAL UNIT PRICE 130 MEALS PR WK X 52 WEEKS 6,760 MEALS BID AMOUNT DIFF. YEAR 1 $5.08 $660.40 $34,340.80 $34,340.80 $34,340.80 $0.00 YAER 2 $5.79 $752.70 $39,140.40 $39,140.40 $39,140.40 $0.00 YEAR 3 $6.37 $828.10 $43,061.20 $43,061.20 $43,061.20 $0.00 YEAR 4 $6.91 $898.30 $46,711.60 $46,711.60 $46,711.60 $0.00 YEAR 5 $7.39 $960.70 $49,956.40 $49,956.40 $49,956.40 $0.00 $213,210.40 $213,210.40 $213,210.40 5-YEAR TOTAL SUSHI MAKI CATERING GREATER MIAMI CATERING 5-YEAR TOTAL 7 8EXHIBIT 4 RESPONDENTS COST AND TECHNICAL PROPOSAL Weekend Senior Meal Program RFP #PR2022 -I 2 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit I, Scope of Services, Attachment A, B, & C with their submittal. Failure to do so shall render the Proposal non-responsive and the Proposal shall be rejected from further consideration The program will provide approximately 130 meals to 65 senior residents at the City of South Miami Senior Center, delivered every Friday for 52 weeks, which totals 6,760 meals on an annual basis. ( 130 MEALS PER X 52 WEEK) (6,760 MEALS) WEEKS MEAL UNIT PRICE ANNUAL TOTAL YEAR I $ 4.75 $ 32,091 YEAR2 $ 4.94 $ 33,375 YEAR3 $ 5.13 $ 34,710 YEAR4 $ 5.34 $ 36,098 YEARS $ 5.55 $ 37,542 FIVE-YEAR CONTRACT TOTAL $ 173,817 PROPOSAL SUBMITTED BY: Sushi Maki Catering Corp d/b/a Medley Gourmet Foods Company Paula Mostafa Name of Person Authorized to Submit Proposal -0~7J&,r.d-aptL-Signature VP of Finance and Accounting Title Telephone Number ZD5-~05""-l12S Fax Number ~. rno~+-a.f~~osnin,,a.ki. (Ort\ Email Address: END OF SECTION 51 of 58 9 EXHIBIT 4 RESPONDENTS COST AND TECHNICAL PROPOSAL Weekend Senior Meal Program RFP #PR2022 -12 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit I, Scope of Services, Attachment A, B, & C with their submittal. Failure to do so shall render the Proposal non-responsive and the Proposal shall be rejected from further consideration The program will provide approximately 130 meals to 65 senior residents at the City of South Miami Senior Center, delivered every Friday for 52 weeks, which totals 6,760 meals on an annual basis. (130 MEALS PER X 52 WEEK) (6,760 MEALS) WEEKS MEAL UNIT PRICE ANNUAL TOTAL YEAR I $ 5£08 $ 34, 3t(O. 3t) YEAR2 $ 5.19 $ 34,\t.\0-40 YEAR3 $ 6.31 $ 43, Ob\.20 YEAR4 $ f,. 9 \ $ 4 h1 11 i. hO YEARS $ '1 ~ ~, $ y~J 95f>.~0 FIVE-YEAR CONTRACT TOTAL $ 2L~, 2l0.4O (3os) b33-4blb E)(-l-. IO.b Na ~3b"'b3~u:1~202- Signature , -R O -1.-\) l c.e.-~ es , ~i Title END OF SECTION 51 of 58 10June 20, 2022 Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Weekend Senior Program Dear City of South Miami Sushi Maki Catering Corp d/b/a Medley Gourmet Foods 8025 NW 90th Street Medley, Florida 33166 Sushi Maki Catering Corp d/b/a Medley Gourmet Foods is presenting a bid to provide meals for the senior citizens of the City of South Miami. Our company is ce1tified under both the State of Florida Department of Business and Professional Regulation and the Florida Department of Agriculture and Consumer Service-Division of Food Safety (please see attached licenses). Our organization has significant expertise in providing ready-to-eat meals for homebound seniors with the Area Agency on Aging of Broward County since mid 2020. We are pleased to offer our delivered lunch meals to City of South Miami Senior Center. Outlined below are details regarding our ability to meet the scope of services that your agency has set forward. Professional Catering and Food Processing Service Sushi Maki Catering establishes many years of experience serving foods to the community. Our food processing and management teams are well trained with proper food processing, handling and service providing. Food safety and quality of services are always our top priorities. The Food Safety and Quality Assurance programs have been established and implemented to ensure that customers will always receive the best services. All programs including food safety, quality assurance, sanitation, personnel training (GMP), contingency and crisis management, and Food defending are reviewed and updated annually to assure that we will always comply with any updated regulations and requirements. Specific Menu designed by a Certified Nutritionist The menu will be created to meet all dietary recommendations for seniors as set forth by the Florida department of Elder Affairs. We are prepared to make any changes to our menu based on the recommendation of a nutritionist at City of South Miami Senior Center High Quality Service Sushi Maki Catering Corp d/b/a Medley Gourmet Foods has a strong track record in providing high quality service through catering meals to seniors, other community groups, and direct food service at our 7 different restaurants and 16 kiosk locations under the brand name Sushi Maki. We take pride in serving high quality restaurant grade meals and ensuring that quality standards are met from preparation to delivery. More than 11one-year experience serving home-delivery meals to elders under Area Agency on Aging of Broward, we do not have any administrative complaints regarding any food safety concern in the past 12 months. Please find a letter of recommendation written on the behalf of the Area Agency on Aging of Broward in page I 0. Location of Food Processing Plant Sushi Maki Catering Corp d/b/a Medley Gourmet Foods located at 8025 NW 90th Street, Medley, FL 33166. The location is under FDA Certified Food Processing Facility (FDA Food Facility Registration Number: 12240284156). The facility is also certified by state governments such as DBPR (State of Florida Department of Business and Professional Regulation) and FD ACS (Florida Department of Agriculture and Consumer Services Division of Food Safety), please find the location permits in the attachment o. All meals are prepared under our certified Food Manufacturing Facility. Company Food Processing and Management Personnel Douglas Handscombe and Ana Hung Zhu are our food processing managers who are Food Safety Manager Certified under the Conference for Food Protection Standard by National Registry of Food Safety Professionals. Kidnattha Papawinnorakun, also known as Foy, is our Food Safety Administrator who is also PCQI, HACCP and Food Safety Manager certified. Please find our staff professional food manager certificates within the attachments. Company Delivery & Food Transportation Sushi Maki Catering Corp d/b/a Medley Gourmet Foods establishes many year experiences in handling and delivery foods. All delicious and nutritious meals are going to be delivered by the temperature controlling vehicles. All foods are assured to be properly maintained temperature in order to delivery high quality service. Our food delivery vehicles are daily inspected to ensure that they are always sanitary maintains. Perform on time meals serving Our organization is able to consistently provide on time delivery through careful planning of staffing and delivery route planning. We always work closely with any organization where we are delivering food to ensure that all time deadlines are met. Bring the food prepared. Sushi Maki Catering Corp d/b/a Medley Gourmet Foods owns a food commissary and regularly prepares food for delivery for catering orders. We are fully equipped to deliver prepared food. Meal Packaging All meal entrees will be packed in the three compartment containers that can be heated in microwave oven. Desserts and other side items will be packaged separately in sealed containers. The food label will provide with information that meet your requirement. Keep up with the menu Our organization is prepared to comply with any menu provided to us by City of South Miami Senior Center. We also comply with the Weekend Menu Cycle Schedules that meet the scope of service that your agency has set forward. 12Bid Table Meal Cost/Unit Number Weekend Lunch $4.75 Note: our proposal is for the minimum quantity of meals quoted Time of Essence and Assignability 130 Total er Week $617.50 This offer proposal is valid within 30 days since the contract has been proposed to you (our value customer). The contract is not allowed to be transferred to other accounts without our prior written consent. The company Our core values form the foundation of our company are Commit to Care, Lead Through Service, Be Open and Honest and Pursue Improvement. We are open to negotiate on scope of services in order to assure that you receive the service you have been searching for. We look forward to working with you. Should you have any questions, please feel free to contact me at paula.mostafa@sushimaki.com or my mobile 305-336-0310. Sincerely, Paula Mostafa Vice President of Finance and Accounting Sushi Maki Catering Corp 13From: To: Subject: Date: Attachments: css ACEP Foy Kjdnattha "External Email -"Re: Sushi Maki Catering DBA Medley Gourmet Foods-Submitting 2022 ACFP Renewal Application Tuesday, June 14, 2022 10:01:04 AM imaaeoo1.ona [CAUTION] This EMAIL originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, Thank you for submitting all the required paperwork for the 2022-23 ACFP Catering list. The information has been reviewed and SUSHI MAKI CATERING CORP-MEDLEY GOURMET FOODS. has been APPROVED to be on the new list. We will be publishing an updated list on our website in early July. Until a new list is on the website you may use this email as proof of approval. Sincerely, Shania Navarro From: Foy Kidnattha <Foy.Kidnattha@sushimaki.com> Sent: Wednesday, June 8, 2022 12:01 PM To: CSS ACFP <ACFP@elderaffairs.org> Cc: Abe Ng <abe.ng@sushimaki.com>; Christine Selby <christine.selby@gmail.com>; Iva Ng Hosang <iva@sushimaki.com>; Stephen Sellier <stephen.sellier@sushimaki.com>; Shannon Achilarre <shannon.achilarre@sushimaki.com>; Mag Tong <Mag.tong@sushimaki.com> Subject: Sushi Maki Catering DBA Medley Gourmet Foods-Submitting 2022 ACFP Renewal Application You don't often get email from foy.kidnattha@sushimaki.com. Learn why this 1s 1mQortant Good morning We would like to submit the renewal application for 2022 ACFP Approved Catering List. Please let us know if any further document is required Thank you, Foy Kidnattha Food Safety Administrator P 305. 7 46.3542 8005 NW 90th St. Medley FL, 331661 syshimaki com 14Please note: Florida has a broad public records law (Chapter 119, Florida Statutes). Most written communications to or from state employees are public records obtainable by the public upon request. Emails sent to me at this email address may be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of Florida. MIAMI-DADE COUNTY - STATE OF FLORIDA LOCAL BUSINESS TAX BUSINESS LOCATION: OWNER/CORP. PHONE # BUS. COMMENCEMENT DATE: SEC TOTAL AMOUNT DUE: RECEIPT: STATE # AMOUNTFEE If no longer in business, please notify us in writing. Review and correct the information shown on this application. A 25% penalty will be assessed to anyone found operating without a paid local business tax, in addition to any other penalty provided by law or ordinance (Sec 8A-176(2)). A Certificate of Use and/or City Business Tax Receipt may also be required. To pay online go to https://miamidade.county-taxes.com To pay by mail, make check payable to: Miami-Dade County Tax Collector Business Tax 200 NW 2nd Avenue, 3rd Floor Miami FL 33128 To pay in person go to: 200 NW 2nd Avenue, 1st Floor MIAMI-DADE COUNTY - STATE OF FLORIDA LOCAL BUSINESS TAX BUSINESS LOCATION: OWNER/CORP. BUS. COMMENCEMENT DATE: SEC TYPE OF BUSINESS SIGNATURE REQUIRED SEE INSTRUCTIONS ABOVE APPLICATION IS HEREBY MADE FOR A LOCAL BUSINESS TAX RECEIPT OR PERMIT FOR THE BUSINESS PROFESSION OR OCCUPATION DESCRIBED HEREON. I SWEAR THAT THE INFORMATION IS TRUE AND CORRECT. RECEIPT: STATE # DETACH HERE AND RETURN THIS PORTION WITH YOUR PAYMENT RETAIN FOR YOUR RECORDS APPLICATION DETAILS TYPE OF BUSINESS DBA/BUSINESS NAME: NAICS CODE: (305) 270-4949 local.businesstax@miamidade.gov A service fee of not less than $25.00 up to a minimum of 5% will be charged for all returned checks. 7618918 7618918 Please Pay 0.00 Receipt Fee CAT CAT Multi-Municipal Contractor Fee Doing Business without a License Penalty - $0.00 7865073309 Transfer Fee Bingo Permit Fee SUSHI MAKI CATERING CORP C/O ABE NG PRES 8025 NW 90TH ST MEDLEY, FL 33166-2113 0.00 Late Penalty 0.00 - - 7327257 7327257 45.00 September 28, 2021 September 28, 2021 APPLICATION APPLICATION 0.00 *7+7618918+2021* 22.50 MEDLEY GOURMET FOODS 0.00 0.00 0.00 NEW BUSINESS NEW BUSINESS 0.00 $0.00 Library Fee 0.00 0.00 CATERING BUSINESS CATERING BUSINESS Nightclub Permit Fee N/A N/A 08/01/2021 08/01/2021 Collection Cost UMSA Fee $0.00 8025 NW 90TH ST MEDLEY, FL 33166-2113 8025 NW 90TH ST MEDLEY, FL 33166-2113 0.00 SUSHI MAKI CATERING CORP C/O ABE NG PRES SUSHI MAKI CATERING CORP C/O ABE NG PRES 2020 2020 0.00 Restricted Contractor Fee 0.00 Prior Years Due Amount Recently Paid 15 15 NSF Fee 722320 2021 2021 8025 NW 90TH ST MEDLEY, FL 33166-2113 If Received By 67.50 $0.00 Sep 30, 2021 Please pay only one amount. The amounts due after Sept 30th include penalties per FS 205.053. Beacon Council Fee Oct 31, 2021 7000000000000000000000007618918202100000006750000000000000 Nov 30, 2021 Dec 31, 2021 15 Search all services we oer... Vehicle Registration Property Tax Business Tax Tourist Tax RECEIPT 7618918 Eating establishments or Catering businesses CATERING BUSINESS CATERING, ASIAN CUISINES 10/01/2021 - 09/30/2022 NAICS code: 722320 Units: 15 $0.00 Documentation required by occupation:State License or Certificate Document received:Not yet received Account Summary Bill Details Business Tax Account #7327257 Print this page MEDLEY GOURMET FOODS Request a change to your Business Tax Account Current owner: SUSHI MAKI CATERING CORP C/O ABE NG PRES Current business address: 8025 NW 90TH ST MEDLEY, FL 33166-2113 More Details Get bills by email 2022 Details Account number:7327257 Business start date:08/01/2021 Physical business location:MEDLEY Business address:MEDLEY GOURMET FOODS 8025 NW 90TH ST MEDLEY, FL 33166-2113 Mailing address:SUSHI MAKI CATERING CORP C/O ABE NG PRES 8025 NW 90TH ST MEDLEY, FL 33166-2113 Owner(s):SUSHI MAKI CATERING CORP C/O ABE NG PRES 2334 PONCE DE LEON BLVD STE 200 CORAL GABLES, FL 33134-5452 RECEIPTS AND OCCUPATIONS Print this bill (PDF) © 2019–2021 Grant Street Group. All rights reserved. 16 Julie I. Brown, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONDIVISION OF HOTELS AND RESTAURANTSTHE CATERER (2013) HEREIN IS LICENSED UNDER THEPROVISIONS OF CHAPTER 509, FLORIDA STATUTESSUSHI MAKI CATERING CORPDo not alter this document in any form.MEDLEY GOURMET FOODSLICENSE NUMBER: CAT2329870EXPIRATION DATE: OCTOBER 1, 2022This is your license. It is unlawful for anyone other than the licensee to use this document.8025 NW 90 STMEDLEY FL 33166Always verify licenses online at MyFloridaLicense.com17 Food Service Inspection Report This inspection report must be made public upon request per Florida law. Met Inspection Standards during this visit ANY VIOLATIONS noted herein must be corrected by the NEXT UNANNOUNCED inspection unless otherwise stated. Inspection Date:Mar 11, 2022 14:50 - Mar 11, 2022 15:50 License Expiration:October 1, 2022 License Number:2329870 Rank: CATR Inspection Reason:Routine - Food Owner Name:SUSHI MAKI CATERING CORP Business Name:MEDLEY GOURMET FOODS Location Address:8025 NW 90 ST License Type:Catering MEDLEY FL 33166 Telephone Number:305-975-3774 Number of Units:0 Reinspection on or After: FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS 01A Food obtained from approved source IN 07 Unwrapped or PH/TCS food not re-served IN 01B Food safe and unadulterated; sound condition IN 08A Separating raw animal foods from: each other, RTE foods and unwashed produce IN 01C Shellstock tags; commingling N/A 08B Food protection during preparation, storage and display IN 01D Parasite destruction for raw/undercooked fish N/A 09 Bare hand contact with RTE food; Alternative Operating Procedure (AOP) IN 02A Consumer advisory on raw/undercooked oysters N/A 11 Employee health knowledge; ill/symptomatic employee present IN 02B Consumer advisory on raw/undercooked animal foods N/A 12A Hands clean and washed properly; use of hand antiseptic if use of AOP IN 02C Date marking ready-to-eat (RTE) potentially hazardous / time/ temperature control for safety foods IN 12B Employee eating, drinking, tasting food, smoking IN 03A Receiving and holding PH/TCS foods cold IN 22 Food-contact surfaces clean and sanitized IN 03B Receiving and holding PH/TCS foods hot N/O 31A Handwash sink(s) installed, accessible, not used for other purposes IN 03C Cooking raw animal foods and plant foods; non-continuous cooking of raw animal foods IN 31B Handwashing supplies and handwash sign provided IN 03D Cooling PH/TCS foods; proper cooling methods N/A 41 Chemicals/toxic substances IN 03E Reheating PH/TCS foods for hot holding N/O 53A Food manager certification; knowledge/active managerial control (except employee health) IN 03F Time as a Public Health Control N/A 53B State approved food handler training; employee duty specific training/knowledge IN 03G Reduced oxygen packaging (ROP) and other Special Processes N/A GOOD RETAIL PRACTICES 02D Food items properly labeled; original container 35A No presence or breeding of insects/rodents/pests; no live animals 04 Facilities to maintain PH/TCS foods at the proper temperature 35B Outer openings protected from insects/pests, rodent proof 05 Food and food equipment thermometers provided and accurate 36 Floors, walls, ceilings and attached equipment properly constructed and clean; rooms and equipment properly vented OUT 06 PH/TCS foods properly thawed 38 Lighting provided as required; fixtures shielded or bulbs protected 10 In use food dispensing utensils properly stored 40 Employee personal belongings 13 Clean clothes; hair restraints; jewelry; painted/artificial fingernails 42 Cleaning and maintenance equipment 14 Food-contact and nonfood contact surfaces designed, constructed, maintained, installed, located OUT 43 Complete separation from living/sleeping area/private premise; kitchen restricted - no unauthorized personnel 16 Dishwashing facilities; chemical test kit(s); gauges 1. Wash 2. Rinse 3. Sanitize 45 Fire extinguishing equipment (FOR REPORTING PURPOSES ONLY) March 11, 2022 at 3:50:03 PM EST Location: MEDLEY GOURMET FOODS License #: CATR2329870 Inspector: ERIK GONZALEZ Food Service Inspection Report DBPR Form HR 5022-015 - Rule 61C-1.002, FAC Software Version 7.50 Page: 1 of 318 21 Wiping cloths; clean and soiled linens; laundry facilities 46 Exits not blocked or locked (FOR REPORTING PURPOSES ONLY) 23 Non-food contact surfaces clean 47 Electrical wiring/outlets in good repair (FOR REPORTING PURPOSES ONLY) 24 Storage/handling of clean equipment, utensils; air drying 48 Gas appliances; boiler certificate current/posted (FOR REPORTING PURPOSES ONLY) 25 Single-service and single-use items OUT 49 Flammable/combustible materials (FOR REPORTING PURPOSES ONLY) 27 Water source safe, hot (100F) and cold under pressure 50 Current license, properly displayed 28 Sewage and waste water disposed properly 51 Other conditions sanitary and safe operation 29 Plumbing installed and maintained; mop sink; water filters; backflow prevention 52 Misrepresentation; misbranding 32 Bathrooms 54 Florida Clean Indoor Air Act Compliance 33 Garbage and refuse; premises maintained 55 Automatic Gratuity Notice Items marked IN are in compliance. Items marked OUT are violations. Specific details of the violations are listed on subsequent pages. Items marked N/A are Not Applicable. Items marked as N/O are Not Observed and were not being conducted at the time of inspection. FOOD TEMPERATURES Bar Area Buffet Line Cook Line Front Counter Front Line Kitchen Prep Area Reach In Cooler Reach In Freezer Steam Table/Bain Marie Storage Area Wait Station Walk In Cooler yogurt (41 F - Cold Holding); milk (41 F - Cold Holding) Walk In Freezer OTHER ITEMS Certified Food Manager and Date Certified:Kidnattha Papawinnorakun, 9/7/2019. Manager Certified By:National Registry of Food Safety Professionals Employees Trained By:Florida Restaurant and Lodging Association Sewage:Municipal/Utility Water Source:Municipal Boiler:No Boiler On Site Boiler Jurisdiction and Expiration: Sanitizer Details:Sanitizer Bucket (Quaternary - Not Set Up); Triple Sink (Quaternary - Not Set Up) Inspector Comments:Ownership verified. A link to the Florida Department of Agriculture’s Food Recovery Resource Guide is located at: http://www.myfloridalicense.com/DBPR/hotels-restaurants/forms-publications This report has been provided electronically as requested by the person in charge at the time of inspection. March 11, 2022 at 3:50:03 PM EST Location: MEDLEY GOURMET FOODS License #: CATR2329870 Inspector: ERIK GONZALEZ Food Service Inspection Report DBPR Form HR 5022-015 - Rule 61C-1.002, FAC Software Version 7.50 Page: 2 of 319 VIOLATIONS 14-01-5 Observed: Bowl or other container with no handle used to dispense food. Observed a plastic cup stored inside rice container inside kitchen. Employee removed it. **Corrected On-Site** **Repeat Violation** Priority: Basic 25-05-4 Observed: Single-service articles improperly stored. Observed plastic trays boxes stored on Walk in Cooler prep area floor. Priority: Basic 36-22-4 Observed: Floor area(s) covered with standing water. Observed inside walk in cooler. Priority: Basic 36-73-4 Observed: Floor soiled/has accumulation of debris. Observed grease under cook line inside kitchen. Priority: Basic Signature of Recipient Kidnattha Papawinnorakun Food Safety Administrator 305 746 3542 Mar 11, 2022 15:49 Inspector Signature ERIK GONZALEZ SENIOR INSPECTOR 8240 NW 52nd TERRACE STE 101 DORAL , FL 33166 305-629-1882 Mar 11, 2022 15:50 March 11, 2022 at 3:50:03 PM EST Location: MEDLEY GOURMET FOODS License #: CATR2329870 Inspector: ERIK GONZALEZ Food Service Inspection Report DBPR Form HR 5022-015 - Rule 61C-1.002, FAC Software Version 7.50 Page: 3 of 320 21GU ACCREDITED PROGRAM American National Standards Institute and the Conference tor Food Proteclton #0655 ® • ServSafe® CERTIFICATION DOUGLAS HANDS for successfully completing the standards set forth for the SejvSafe• Food Prolecticfn Manager Certification Examination, which is accredited by the American National Standar#lnstitute (ANSl)-Con~rence for Food Protection (CFP). E'f:--A 10/17/2023 cy for recertification requirements. ServSafe logo are lrademarlcs of lhe NRAEF. Notional Reslaurant Association® and the arc design Contact U$ with qoostions at 233 S. Waclcer Drr,e, Suite 3600, Chicago, IL 60606-6383 or ServSaleOrestaurant.org. 22NATIONAL REGISTRY OF FOOD SAFETY PROFESSIONALS® CERTIFIES ANA HUNG ZHU HAS SUCCESSFULLY SATISFIED THE REQUIREMENTS FOR THE FOOD SAFETY MANAGER UNDER THE CONFERENCE FOR FOOD PROTECTION STANDARDS PRESIDENT: -L-~-WR--E.,,,11NljllC'-E..;::J::;.,.~L"'"YN""-41,C-H"-,-C-A---'-E-ACCREOITEO PROGRAl,l Amc11cantlat1onalSl,:mdllllSlnst,tu1c and the Conference !or Food P101cchon #0656 6751 Forum Drive, Suite 220, Orlando, FL 32821 P (800) 446-0257 F (407) 352-3603 www.NRFSP.com National Registry of Food Safety Professionals" Notification of Test Results ID#: xxx-xx-Scaled Test Score: 89 Candidate Status: Pass Test Date: April 14, 2021 Congratulations! Attached is your certificate and wallet card. Please notify the National Registry of name or address changes at the address below. Ensuring Personal Hygiene (Competent) Managing Food Holding Time and Temperatures (Mastered) Preventing Contamination, Cross-Contamination, and Cross-Contact (Mastered) Managing Cooking Times and Temperature (Mastered) Monitoring the Flow of Foods (Competent) Actively Managing Controls in a Food Establishment (Competent) Managing the Physical Food Establishment/Equipment Design and Maintenance (Competent) Managing Cleaning and Sanitizing Activities (Mastered) ISSUE DATE: APRIL 14, 2021 ExPIRATION DATE: APRIL 14, 2026 CERTIFICATE No: 21739321 6751 Forum Drive Suite220 Orlando. FL 32821 ToU Fm, (800) «6-0257 Phone (407) 352-3830 Fax (407) 352-3603 www.NRFSP.com ANA HUNG ZHU TEST FORM: DXE31 1bis catificau, is not valid for more than 6vo yan from dau, of issue. National Registry of Food Safety Professionals CERTIFIED FOOD SAFETY MANAGER ANAHUNGZHU Certificate No: 21739321 Issue Date: April 14, 2021 Expiration Dale: April 14, 2026 2334 PONCE DE LEON C/OSTEVE CORAL GABLES, FL 33134 National Registry of Food Safety Professionals® I 67S1 Forum Drive Ste 220 I Orlando, FL 32821 I Phone: 407.3S2.3830 I Fax: 407.352.3603 23 Area Agency on Aging of Broward County Charlotte Mather-Taylor, Executive Director April 13, 2021 AREAWIDE COUNCIL ON AGING To Whom It May Concern: BOARD OF DIRECTORS Pauline Grant President John G. Primeau 1st Vice President Naushira Pandya, M.D. 2nd Vice President Arthur Birken 3rd Vice President Representative Evan Jenne Treasurer Senator Nan H. Rich Secretary Judge Ronald J. Rothschild Parliamentarian Theodora Williams Immediate Past President Alan B. Brass, C.P .A . Anthony Brunson, C.P .A. Timothy G. Curtin Malena Mendez-Dorn William Edelstein David Lieberman Deborah Rand Kenneth S. Rubin , Esq . Manuel Synalovski, AIA Lisa Zucker, MSW, LCSW HONORARY BOARD Audrey Millsaps Mary Todd Joel Fass, in Memoriam Jack Brady, in Memoriam Please accept this formal letter of reference in support of Sushi Maki (D.B.A. Medley Gourmet Foods) as an outstanding meal delivery service provider. Area Agency on Aging of Broward County has contracted with Sushi Maki/Medley Gourmet Foods for the past 10 months to provide meal delivery services to home bound elderly residents across Broward County, during which time they have served upwards of 470 people a week (6,580 meals/weekly). We have had an outstanding experience partnering with Sushi Maki/Medley Gourmet Foods to provide this needed service for our elderly residents. Their team works effectively and collaboratively with multiple stakeholders to provide very high quality meals . Sushi Maki/Medley Gourmet Foods consistently deliver meals on time and engage with residents in a compassionate and caring way. Further, they meet compliance requirements, submit documentation in a timely manner, and keep detai led and accurate records. I am happy to provide the strongest possible recommendation for Sushi Maki/ Medley Gourmet Foods as a serv ice provider for elderly meal service with Miami-Dade County. Should you need any further information or have any questions, please do not hesitate to call me at 954.745.9567 or email me at mathertaylorc@adrcbrowa r d .org. Sinc ~;e7' / !II ) /II, ;t/ / ~(!/lltflqf'7~ Charlotte Mather-Taylor Executive Director 5300 Hiatus Road , Sunrise , Florida 33351 Eld er He lp line: (95 4-745-9 77 9) Administration: (954-745-9567) Fax : (954-745-9584) The Aging & Disability Resource Center of Broward County is administered by the Areawide Council on Aging of Broward County, Inc. and funded by Older Americans Act, Florida Community Care for the Elderly, Alzhe imer Disease Initiative and Med icaid Waiver Leg islation through the State Depanment of Elder Affairs . 24PROPOSAL SUBMITTAL CHECKLIST FORM WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: X X X X X X X Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. Indemnification and Insurance Documents EXHIBIT 2 Respondents Bid Form. EXHIBIT 3 Respondents Cost & Technical Proposal, EXHIBIT 4 Provide Mock Samples of the Food label and Samples of Food Containers, EXHIBIT I, Attachment A, Section II., Sub-Section 8. & F. "Meal Packaging" Signed Contract Documents EXHIBIT 5 Respondents Qualification Statement ✓ List of Proposed Subcontractors and Subconsultants and Principal _ ___..x __ Suppliers ,/ X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation T earn Declaration/ Affidavit of Representation / Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 15 of 58 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/20/2022 Morris &Reynolds Inc.A Division of World Insurance Associates LLC 14821 South Dixie Highway Miami FL 33176 305-238-1000 305-255-9643 Sentinel Insurance Company,Ltd.11000 SUSHMAK-01 James River Insurance Company 12203CantonFoodEnterprisesInc.DBA Sushi Maki 8005 Northwest 90th Street Medley FL 33166 2113086107 A 1,000,000 X X X 21UECHN5889 2/15/2022 2/15/2023 B X 5,000,000 X 00113055-1 2/15/2022 2/15/2023 5,000,000 X 0 PROOF OF COVERAGE 25 26EXHIBIT 3 WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachments A, B & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: f,-J?,-2.()22-. b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 48 of 58 27iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Sushi Maki Caterin~ Corp d/b/a Medley Gourmet Foods Address: 8025 NW 90th Street. Medley. Florida 3 3166 Telephone: 305.336.0310 Facsimile: 305.885.172S Contact Person Paula Mostafa 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 49 of SB 289. This proposal is submitted by Sushi Maki Catering Corp whose address is 8025 NW 90th Street. Medley. FL 33166 . whose telephone number is 305.336.03 IO • whose fax number is __ 305.885.1725 , whose email address is paula.mostafa@sushimaki.com and whose authorized representative signing this Bid Form is Paula Mostafa whose title is YP of Finance & Accounting I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent. hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms. with any appropriate blank boxes. if any. checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity. that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: £~ Paula Mostafa [Print signatory's name] Date of Execution: ....,,0=6/,.,,2,.,.0/,.,,2,.,.0..,_22.,__ ______ _ END OF SECTION 50 of 58 29EXHIBIT 4 RESPONDENTS COST AND TECHNICAL PROPOSAL Weekend Senior Meal Program RFP #PR2022 -I 2 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit I, Scope of Services, Attachment A, B, & C with their submittal. Failure to do so shall render the Proposal non-responsive and the Proposal shall be rejected from further consideration The program will provide approximately 130 meals to 65 senior residents at the City of South Miami Senior Center, delivered every Friday for 52 weeks, which totals 6,760 meals on an annual basis. ( 130 MEALS PER X 52 WEEK) (6,760 MEALS) WEEKS MEAL UNIT PRICE ANNUAL TOTAL YEAR I $ 4.75 $ 32,091 YEAR2 $ 4.94 $ 33,375 YEAR3 $ 5.13 $ 34,710 YEAR4 $ 5.34 $ 36,098 YEARS $ 5.55 $ 37,542 FIVE-YEAR CONTRACT TOTAL $ 173,817 PROPOSAL SUBMITTED BY: Sushi Maki Catering Corp d/b/a Medley Gourmet Foods Company Paula Mostafa Name of Person Authorized to Submit Proposal -0~7J&,r.d-aptL-Signature VP of Finance and Accounting Title Telephone Number ZD5-~05""-l12S Fax Number ~. rno~+-a.f~~osnin,,a.ki. (Ort\ Email Address: END OF SECTION 51 of 58 30EXHIBIT 5 PROFESSIONAL SERVICES CONTRACT WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 THIS CONTRACT, entered into this ~o-tk day of Jvnt. , 20 '},,'2-, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: skamali@southmiamifl.gov and Sushi Maki Catering Corp with an office and principal place of business located at 8025 NW 90th Street, Medley, FL , and E-mail address of catering@sushimaki.com and Facsimile transmission number of 305.885.1725 (hereinafter called the "CONTRACTO) WITNESS ETH: WHEREAS, the CITY needs WEEKEND SENIOR MEAL PROGRAM; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (I) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby retains CONTRACTOR to provide the goods and/or services, all of which is set forth in Scope of Services, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work"). • Respondent's Bid Form, attached as "Exhibit 3 • Respondents Cost & Technical Proposal attached as "Exhibit 4" (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (I) above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit I • CITY's Insurance & Indemnification Requirements, attached as Exhibit 2 • Solicitation documents for WEEKEND SENIOR MEAL PROGRAM RFP #PR2022-I 2. This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 including the CONTRACTOR's Bid Form and CONTRACTOR/ Respondent's Cost and Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (I) above, and in this paragraph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: Paula Mostafa e-mail: paula.mostafa@sushimaki.com ; Fax: 305.885.1725 Street Address: 8025 NW 90th Street. Medley, Florida 33166 (5) Scope of Services: The goods and/or services to be provided are as set forth in the Scope of Services, attached as "Exhibit I. (6) Compensation: The CONTRACTOR's compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in 52 of58 31CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4, unless modified in writing signed by the CITY and CONTRACTOR. (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for a ONE (I) YEAR PERIOD with FOUR (4) ONE (I) Year Options-to-Renew, for a term not to exceed FIVE (5) Consecutive Years. The Options to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. ( I 0) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County, Florida. ( I I) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein. I) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. ( 12) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. ( 13) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. ( 14) Jury Trial Waiver: The parties waive their right to jury trial. ( 15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. ( 16) Public Records: CONTRACTOR and all of its subcontractors are required to complywith the public records law (s.119.070 I) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt 53 of SB 32or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR must destroy any duplicate public records that are exempt orconfidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 2) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. ( 17) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail, or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies by U.S. mail to: To CONTRACTOR: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov Sushi Maki Catering Corp 8025 NW 90th Street, Medley, FL 33166 E-mail: catering@sushimaki.com ( 18) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. 3) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its 54 of 58 33personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. ( 19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. (20) Transfer and Assignment. The services under this Contract may not be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (21) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR's price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (22) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I, 2021. The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Contract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; ( c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied, must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; ( e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contract is terminated pursuant to paragraph b. or c. above; (f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (I) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this Contract. (23) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to 55 of 58 34prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. Contractor must include in all of its subcontracts the following clause: Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance-of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, or disability, or any other classification that is federally defined as a "protected class". Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. CONTRACTOR: Scu;h,' Ma.k, C.a+e,,'ng Corp . ATTESTED: By: __________ _ Nkenga Payne City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: By: __________ _ City Attorney By: -dJauJa_ ~6:: Pa.u.la.. Mos+a.:fu.1 VP ~nnar1a.t!:. <t-Ac&Jvn-h [print name and title of signatory] CITY OF SOUTH MIAMI By: _________ _ Shari Kamali City Manager END OF SECTION 56 of 58 35RESPONDENT QUALIFICATION STATEMENT WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) b) In the past 5 years In the past IO years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price c) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: 16 of 58 5 5 Area Agency on Aging Emergency Meal Program-2020 Charlotte Mather Taylor 5300 Hiatus Road, Sunrise. FL 33351 954-745-9567 $2,668,339.00 Branches-Crisis Meals (Year of 2020) Isabell Pike, Senior VP of Development 11500 NW I 2'h Avenue, Miami, FL 33168 305-442-8306 X 1002 $38,083.68 Branches-Thanksgiving Meals (Year of 2021) Isabell Pike, Senior VP of Development 11500 NW I 2'h Avenue, Miami. FL 33168 305-442-8306 x I 002 $23,479.00 National Christian Foundation South Florida lessica Lancaster 2334 Ponce de Leon. Coral Gable, Florida 33134 305.218.4092 $27,900.00 Touching Miami with Loves-Crisis Meals-2020 Angle Pittman 711 NW 6th Avenue, Miami. FL 33030 786-261-5488 $24,500.00 363. Current workload Project Name Owner Name Telephone Number Contract Price ~rea Agency on Aging Charlotte Mather Taylor ~54-745-9567 $1.5 million per year Emergency Meal Program ~ummer Food Service Program-Michelle Baldwin 1503-806-3669 ~143,840 Emergency Contract 4. The following information must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Area Agency on Aging of Broward County 5300 Hiatus Road, Sunrise, FL 33351 954-745-9567 Charlotte Mather Tylor Prepared and delivered meals to elder residents 17 of 58 37Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Branches 11500 NW 12th Avenue, Miami, FL 33168 305-442-8306 x I 002 Isabell Pike, Senior VP of Development Prepared and delivered meals FLIPANY 2860 W State Road 84, Ste. I 03 Dania Beach, FL 33312 503-806-3669 Michelle Baldwin Prepared meals and delivery to schools END OF SECTION 18 of 58 Org Chart updated 6/2022 CEO Abe Integrator Shannon VP of Finance Paula Sr Accountant Shelly Accounting Mgr Meixi AP Specialist Susanah Accounting Mgr Anita Junior Accountant Enda HR Rashmee Tech Yan Tech Ricky VP of Operations Shannon Exec Chef William Ops Support Rashmee Director, NT Simeon DM, NT Silver DM, SMR Ciara Dir Marketing Melissa Mrkt. Coordinator Valerie Social Media Vannia Manager in Training Dixon VP of Commissary Stephen Catering Iva Sports Entertainment Steve Catering Ops Jeff Catering Admin Tina Sr Wholesale & Catering Sales Gwen Catering Sales Maria Maintenance Alex Li Food Safety Foy Supply Chain & Purchasing Ana Director of Commissary Doug Supervisor - SWKS Clive Production Alex Li Distr.& Warehousing SupervisorStephan D 38 Douglas Handscombe Commissary Director Leonor Production Associate Jorge Production Associate Lorena Production Associate Ariel Production Associate Jefferson Team Lead Andy Warehouse Associate/Driver Stephen Delgado Warehouse Supervisor Foy Kidnatta Food Safety Coordinator Ana Hung Purchasing Mgr Stephen Sellier VP Commissary Operations 39 Stephen J, Sellier V. 1400 NE 169th Street, Apt 112, North Miami Beach, FL 33162 (954) 348-0935 stephensellier@gmail.com PROFESSIONAL PROFILE Manufacturing Business Manager with +20 years’ experience in the Food Manufacturing Industry Proven Skills in Lean Manufacturing, Total Productive Maintenance & Project Management Food Safety & HACCP System Management & Implementation. Broad Experience in Leading Multidisciplinary Teams for Top Priority Projects. E D U C A T I O N Nova Southeastern University, FL Master of Business Administration (MBA), Process Improvement, 2015 – 2016 (Pending) Georgia University Poultry Processing UGA Extension Program (Poultry School) Universidad de Carabobo, VENEZUELA Master's Degree, Business, Management, Marketing, and Related Support Services, 2006 - 2007 Universidad Central de Venezuela, VENEZUELA Bachelor's Degree, Agricultural Science and Food Processing, 1992 - 1997 A D D I T I O N A L S K I L L S TPM & Lean Manufacturing (Green Belt Certificate) Continuous Improvement Tools Knowledge Poultry Processing UGA Extension Program (Poultry School) SAP Manufacturing Implementation & Management Solid Knowledge on HACCP Plans Development, Implementation & Audit (Advanced HACCP Certified). Extensive Knowledge of ISO Standards Implementation & Certification (9:000, 22:000, 18:000) Solid Knowledge of Sanitary Design for Food Industry. Project Management Under PMI Methodology Excellent English Level as a secondary Language. Excellent writing and presentation skills in English and Spanish. Advanced management of Office Tools. 40 PROFESSIONAL EXPERIENCE Perimeter Brands (Italian Rose Gourmet Products), Riviera Beach, FL Plant Manager December 2019 - Present Lead the Business unit transformation trough standardization of all operations processes towards the development of a Strategic & Capacity Plan to ensure sustainable growth and value improvement of the business • Oversee daily management and coordination of plant operations while ensuring compliance with all labor, safety, environmental and corporate policies, and regulations. • Responsible for maximizing daily production (machines up time), increasing productivity, minimizing residuals, auditing inbound and outbound materials, and producing at top quality levels exceeding customer expectations, plays an integral part in plant operations, special projects, and has P&L responsibility for developing and achieving budgetary and production targets. • Lead Plant Safety, Quality, Production and Maintenance personnel in day-to-day activities to ensure the safe and efficient operation and maintenance of equipment and facilities. • Ensure the efficient processing of incoming materials while maintaining end product quality standards. • Ensure preventative maintenance and repairs of all system and equipment to minimize downtime. • Works with Plant Maintenance in planning, budgeting, organizing resources, executing work plans, monitors production and quality, co-ordinates priorities, resolves issues and participates in special projects and work schedules. • Hire, direct, coach and mentor staff to ensure performance targets are being met. • Assume P&L responsibility including the development and achievement of budgetary and cash flow goals to ensure the long-term viability of the plant. The RiteScreen Company LLC, Miami FL Plant Manager September 2018 - December 2019 Oversee all daily operations of the plant from production and manufacturing to ensuring policies and procedures are followed, develop processes to maximize stewardship, safety, quality and productivity • Plan, organize, direct and run optimum day-to-day operations to exceed our customers’ expectations • Increase production, assets capacity and flexibility while minimizing unnecessary costs and maintaining current quality standards 41 • Responsible for production output, product quality and on-time shipping • Allocate resources effectively and fully utilize assets to produce optimal results • Implement strategies in alignment with strategic initiatives and provide a clear sense of direction and focus • Monitor operations and trigger corrective actions • Share a trusting relationship with and manage and develop plant staff • Collect and analyze data to find places of waste or overtime • Commit to plant safety procedures • Develop systems and processes that track and optimize productivity and standards, metrics and performance targets to ensure effective return on assets • Influence and learn from below • Stay up to date with latest production management best practices and concepts Profficient Consulting, Miami, FL. Operations Manager, January 2015 - Sep 2018 (Operations Management & Continuous Improvement) Developed a simple approach to bring Continuous Improvement Tools to small and medium-sized food manufacturing companies without compromising as many resources as needed for a complete implementation of a Lean System. • Conduct thorough business diagnostics to identify, quantify and prioritize value creation projects. • Facilitates projects; teaches, coaches and mentors individuals and teams to build capabilities in order to reach the operations goals. • Develop and Uses metrics to demonstrate the impact that implemented changes made to the organization. ProAgro, Valencia, VENEZUELA. Plant Manager September 2013 - August 2014 (Poultry Processing and Post Processing) Daily management and coordination of plant operations including production, logistics and maintenance while ensuring compliance with all labor, safety, environmental and corporate policies and regulations. 42 Responsible for maximizing daily production (up time), increasing productivity, minimizing residuals, auditing inbound and outbound materials, and producing commodities of quality levels acceptable to buyers, plays an integral part in plant operations, special projects, and has P&L responsibility for developing and achieving budgetary and production targets. • Lead Plant Safety, Quality, Production and Maintenance personnel in day to day activities to ensure the safe and efficient operation and maintenance of equipment and facilities. • Ensure the efficient processing of incoming materials while maintaining end product quality standards. • Ensure preventative maintenance and repairs of all system and equipment to minimize downtime. • Works with Plant Maintenance Chief in planning, budgeting, organizing resources, executing work plans, monitors production and quality, co-ordinates priorities, resolves issues and participates in special projects and work schedules. • Hire, direct, coach and mentor staff to ensure performance targets are being met. • Ensures that all staff subordinates are suitably trained/qualified for the various tasks and jobs they must complete. This includes but not limited to Lock Out Tag Out (LOTO), fall arrest, confined space entry, hot work permits, fire extinguishers, lift truck operation, etc. • Plans, organizes, implements and monitors work schedules/external suppliers consistent with the normal needs of the plant and special projects. • Assume P&L responsibility including the development and achievement of budgetary and cash flow goals to ensure the long-term viability of the plant. • Ensure site compliance to all labor, safety, and environmental regulations. Kraft Foods, VENEZUELA (Now Mondelez International) Business Development Manager, January 2011 - September 2013 (Processed Cheese, Dressing and Powder Beverages & Desserts) Develop, evaluate and execute all internal and external activities for New Product Development, Engineering and Continuous Improvement programs and strategies according to operations guidelines, capital expenditure and Original Budgets to achieve Increase productivity, reduce cost, delivery control and improve service level, providing high quality of the finished product, fulfilling safety and environmental norms and satisfying internal customer’s needs. • Manage and Develop the Capacity & Infrastructure Strategic Plan for Medium to Long Term Business Growth & Capital Investment 43 • Be the interface between Business Units, Operations and R&D in terms of developing the optimum asset base throughout projects/initiatives follow category strategies aligned with M.O.R. • Commercial oriented focus on existing and new technologies available local or globally at Kraft manufacturing network with a wide vision of the business and socially responsible with its community and the environment. Maintenance Manager Aug 2010 – Jan 2011 (Short Time Assignment) Initiate, implement and manage the plant maintenance program based on best practices in the industry (TPM), with an emphasis on planning/scheduling and preventive/predictive maintenance (Planned Maintenance) and deployment of Autonomous Maintenance as part of Lean Manufacturing Implementation. • Identify & Monitor the use and inventories of critical spare parts, maintenance supplies, and equipment when necessary. • Communicates regularly with all maintenance technicians, both individually and as a group, to ensure good two-way communication concerning maintenance issues. • Assists with hiring of new maintenance personnel for Preventive/Predictive focus. • Initiates the update of operating and training manuals for the maintenance department focusing on training on the Job. • Monitors & Reviews the operation of plant equipment and systems constantly, to minimize unplanned downtime, anticipate solve problems in a timely manner, and to identify opportunities for improvement. • Started Tracking and analysis of key maintenance parameters such as asset utilization, • Maintenance cost, PM compliance, schedule compliance, etc. • Guarantee an adequate infrastructure for internal & local legal regulations compliance Production Manager April 2009 - December 2010 Ensure the most cost-effective production process according to the plans defined by Plant Manager, while meeting the production schedule with best quality at lowest possible costs for local business units. Responsible that all products produced at lines are complying with product specifications. Ensures that all quality (HACCP, GMP) and safety regulations are in place, monitored, and followed by corrective actions. Support SSE programs and reinforce safe behavior of manufacturing team members. • Bear responsibility for productivity and CI projects of the section. Responsible for the integration of technical/maintenance expertise into the section. 44 • Manage teams and ensure individual people development and guidance. Ensure proper training for conversion team members. Bear overall responsibility for establishing a team culture at the lines by providing clear understanding of the requirements for the CI culture. • Responsible for preparing conversion area’s budget, as well as for adherence to budget figures, tracking and reporting of deviations. The payback calculation for projects and cost calculation for products conversion area together with the Plant Manager and BD Manager and for the correct collection and registration of cost and line shift performance data for the Conversion area. • Provide expected customer service for each BU by producing according to production plan and production compliance based on target cost. Responsible for complying with production planning and scheduling in the plant following the demand requirements defined by S&OP (Sales & Operations Planning). • Actively participate on Major Projects Start-up for Processed Cheese Whiz and Mayonnaise Lines, including capacity expansion, new technology implementation and automation. • Responsible for New Production Structure Implementation, including Hiring of New Manufacturing Leaders Del Monte Foods, Inc. VENEZUELA Manufacturing Manager. June 2008 - April 2009 (Canned Fresh Vegetables & Sauces, Bottled Juices) Ensure the most cost-effective production process according to the plans defined by Plant Manager, while meeting the production schedule with best quality at lowest possible costs for local and abroad business units. Responsible for Fresh Vegetables & Sauces processing and & Packing (Canning) and Juices Processing and Packing (Bottles, Can & Tetra Pak) for Venezuela and Andean area. • Responsible for Manufacturing structure improvement by area focus, including hiring and training program for new Supervisors • Implemented Autonomous Maintenance as part of TPM system for Vegetables Lines with Lines Leader and Technical Operator figures Kellogg Company, VENEZUELA Manufacturing Leader October 1997 - May 2008 (Ready To Eat Cereals) Ensure the most cost-effective production process according to the plans defined by Plant Manager, while meeting the production schedule with best quality at lowest possible costs for local and abroad business units. 45 Responsible for Ready to Eat Cereal (Corn and Wheat Lines) and Cold Form Cereal line production for Venezuela Responsible for Production, Maintenance & Quality personnel related to continue operation process • Direct and Manage major projects development from beginning to end for Venezuela Operation including Complete (Processing & Packing) installation of Cold Form Cereal Bar Line for Local and LA sourcing (Colombia, Ecuador, Bolivia & Peru) & Wheat Processing & Packing Lines for Local sourcing, mirroring actual line of Corn Processing in order to double plant production capacity. • Define project scope, goals and deliverable that support business goals in collaboration with senior management and Global Engineering • Plan and schedule project timelines and milestones using appropriate tools, develop and deliver progress reports, proposals, requirements documentation, and presentations, determine the frequency and content of status reports from the project team, analyze results, and troubleshoot problem areas, proactively manage changes in project scope, identify potential crises, and devise contingency plans, define project success criteria and disseminate them to involved parties throughout project life cycle. • Develop best practices and tools for project execution and management • Responsible for the Follow up of productivity projects in order to achieve 3.5% of COGS Savings for the Venezuela Operation • Follow up and Control of the Operation Main Manufacturing KPI’s for Local and Area Reporting • Manufacturing Leader for Venezuela/Colombia SAP R/3 Module operation Managing System Implementation • Continuously follow up of lines efficiency and KPI’s for Schedule Compliance, Quality, Safety and Sanitation 46 Douglas A. Handscombe Weston, FL ▪ (954) 253-9761 doughandscombe@gmail.com ▪ LinkedIn Operations Management Professional Resourceful and results-driven professional with years of experience in leading operational improvement while maintaining strict statutory and regulatory compliance Demonstrated success in distilling complex food production operations problems into tangible revenue, efficiency, and margin driven growth with relentless commitment to quality, employee engagement, and customer satisfaction. Instrumental in ensuring delivery of best in class services through food service management initiatives while analyzing and revamping KPI's. Skilled at fostering cross-functional collaborations and directing high performing teams to ensure seamless operations. Areas of Expertise • Business Planning & Execution • Food Production Management • Logistics Administration • Production Scheduling & Control • Continuous Process Improvement • Quality Assurance & Control • Cost Containment/Reduction • Training & Development • Relationship Management Career Experience LSG Sky Chefs, Miami, FL 2018 – Present Food Production Logistics Manager Lead and mentor 135 union employees and six direct reports while serving as Head production department. Achieved defined business goals by developing and implementing robust strategies for monthly menu cyc le and volume schedule changes. Key Contributions: • Received recognition for increasing kitchen evaluation average score by 2.9%, 2018 to 2019 with 94% target. • Maintained consistent collaboration with senior management regarding launch of five Ghost Kitchen brands. • Commended by top management for reducing labor costs during Covid-19 service downgrades. • Improved rolling turnover by 18% through implementation of employee engagement strategies, including better communication to employees, positive work environment, developing employees, and internal promotions. LSG Sky Chefs, Miami, FL 2016 – 2018 Account Manager Spearheaded overall aspects for management of American Airlines Catering Account. Responded to disputing delays and flight attendant comments. Played an anchored role in improving AA relations to Top five Kitchen in 2017 customer survey. Key Contributions: • Managed AA Charter flights for Miami Dolphins, Miami Hurricanes, and Florida Gators. • Ensured seamless communication with AA headquarters, local Flight Service, and Tower Operations. LSG Sky Chefs, Miami, FL 2015 – 2016 Customer Service Supervisor Delivered quality guidance and direction to team of drivers, coordinators, tower, and dispatchers. Ensured delivery of quality customer service by following up with American Airlines. Maintained schedules for daily International Flagship Service drivers. Administered all missing and additional AA flight requests. Conducted investigation following delays, accidents, and incidents. Key Contributions: • Optimized business operations as well as ensured completion of assigned tasks within defined timelines by utilizing GroundStar Real Time, Sabre, and Telogis GPS. • Evaluated drivers performance aimed at adhering to USDA International Garbage Regulations. LSG Sky Chefs, Miami, FL 2014 – 2015 Food Production Supervisor Delivered quality guidance and direction to team of 50+ employees. Orchestrated meetings with employees at beginning of shift for informed decision-making. Ensured proper implementation of food safety measures by complying with HACCP standards. Key Contributions: • Maximized corporate productivity by managing and scheduling day-to-day tasks. • Enhanced staff members skillset on proper GMP’s and company standards through employees coaching. Education & Credentials Bachelor of Science in Business Management, Minor in Hospitality Management Florida State University, Tallahassee, FL Professional Certification: ServSafe Food Protection Manager Certification Professional Affiliation: Member of the Phi Kappa Tau Fraternity, Beta Iota Chapter 47 48LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND PRINCIPAL SUPPLIERS WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Subcontractor/Subconsultant Address Telephone, Fax & Worl< Name Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 19 of 58 49NON-COLLUSION AFFIDAVIT WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ---------~P~a=u=la~M=o=sta=fa=--______ being first duly sworn, deposes and states that (1) Hemi-hey ffiare the ___,_,R,:::jep""r..,,e..,se .... n..,ta...,tt,..·v.,.e ___________________ _ (Owner, Partner, Officer, Representative or Agent) of Sushi Maki Catering Corp-OBA Medle Gourmet Foods the Respondent that has submitted the attached Proposal; (2) He/ShefThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including thisaffiant. ST ATE OF FLORIDA COUNTY OF MIAMI-DADE Paula Mostafa, VP of Finance and Accounting Print Name and Title (f /;i. 0 /:;).tJ ~J-Date ACKNOWLEDGEMENT On this the J..%> day of <JY,vt:f . 20? "2---, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) 20 of 58 50_____ f_ltl-f __ L_A-__ r11 __ DS __ r, __ "#,_)f-'--______ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: ◄ -4 =LNotary Public State of Florida Steve P Ho sang ' 1111 MyHCommiasion ◄ H 256278 Exp. 7t301202e I 21 of SB N1; PuCcte~da (Name of Notary Public: Print, Stamp or type as commissioned.) r./ Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or ✓ Did Not take an oath. 51PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 • 12 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendorlist". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate, or agent who is also an officer or employee of the City of South Miami or its agencies. 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 OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to City of South Miami [print name of the public entity] by ___ ..,_P..,,a.:.ul,.,,a...:.M...:.o::,s::..:ta=f"'a...__V-'-'P'-"o"--f.,__Fi""n:::.an:..:;c::..:e:...;a::.:n.,,,d'""A:....:c=c=-=o=u.,_,n"'ti ..... ng __________________ _ [print individual's name and title] for __ --=S=u=sh"'i...,_M...,_a=k=i-"C=a=te=r~in"'g..,C=o"-'rp,.__.,d""/b.,./a=....,..M.,_,e=d=le:#y_G=o=ur"'"m"'-e=t~F~o~o~d=s _____________ _ [print name of entity submitting sworn statement] whose business address is 8025 NW 90"' Street. Medley. FL 33166 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-1176864 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement _____________________ .• ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 ( I )(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, proposal 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 misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (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 I, 1989, as a result of a jury verdiet, non-jury trial, or entry of a plea of guilty or nolocontendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) 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 any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, will be a prima facie case that one person controls 22 of 58 52another 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 will be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal 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, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statementapplies.] ~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 I, 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 I, 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 of July I, 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 I (ONE) 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. Sworn to and subscribed before me this __ ?-u ____ day of ~nature] <fl( ,20?-'J< Personally known ___ /.-'-~----'l-'-,1......_¥'1_0_S-'-TA_'f._~ OR Produced identification ________ _ (Type of identification) Form PUR 7068 (Rev.06/11/92) Notary Publlc Stale of Florlda Steve P Ho Sang My Commlaalon HH 258278 Exp. 7/30/2026 Notary Public -State of rt,,o /e--fb...f My commission expires 4ll L. Y JO , i-t '2,,f_ , (Printed, typed, or stamped commissioned name of notary public) .~r~y 23 of 58 53: DRUG FREE WORKPLACE WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: I) 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. 2) 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. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph ( I ) above. 4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or no/o contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with theabove requirements. RESPONDENT's Signature: u~(j_ ~ Print Name: Paula Mostafa. VP of Finance and Accountin& Date: 24 of 58 54ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 TO THE CITY OF SOUTH MIAMI We, Sushi Maki Catering Corp d/b/a Medley Gourmet Foods, (Name of RESPONDENT}, hereby acknowledge and agree that as CONTRACTOR for the WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: I) 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. 2) 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. 3) Give each employee engaged in providing the commodities or contractual services that are under E-bid a copy of the statement specified in Section (I). 4) In the statement specified in Section (I), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or no/o contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: BY: Paula Mostafa Name VP of Finance and Accounting Title 25 of 58 55AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED. DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below. Respondents must "Check if Applies" next to the applicable "listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business Qperations/state purchasin&fvendQr information/convicted suspended di scriminarorx complaints vendor lists DECLARATION UNDER PENAL TY OF PERJURY I, Abe NG (hereinafter referred to as the "Declarant") state, that the following facts are true and correct: (I) I represent the Respondent whose name is Sushi Maki Caterini Corp. (2) I have the following relationship with the Respondent Owner (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasrng/vendor _information/convicted_suspended_di scriminatory _complaints_ vendor _lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement. I declare that I have read the foregoing statement and that the facts stated in it are true and that a»4Hlf:u>--11 I compliance with theabove requirements. By: -~--:;i~~~..._~.--=--..----(Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) On this the 20th day of June , 20_ll_, before me, the undersigned authority, personally appeared~A~b=e~N...,...g _______________ who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Dedarant WITNESS my hand and official seal. NOTARY PUBLIC: SEAL 4 -LNotary Publlc Slate of Florida ◄ Steve P Ho Sang ◄ My Commi11lon 4 HH258278 • Exp. 7/3012026 -- - -26 of58 (Name of Notary Public: Print, Stamp or type as commissioned.) 56RELATED PARTY TRANSACTION VERIFICATION FORM WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 Paula Mostafa • individually and on behalf of Sushi Maki Caterjn~ Corp d/b/a Medley Gourmet Foods ("Firm"} have Name of Representative Company/Vendor/Entity read the City of South Miami ("City"}'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (I} neither I nor the Firm have any conflict of interest (as defined in section SA-I} with regard to the contractor business that I, and/or the Firm, am(are} about to perform for. or to transact with, the City. and (2) neither I nor any employees. officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s}, as defined in section SA-I, who is an employee of the City or who is(are} an appointed or elected official of the City, or who is(are} a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation asto the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters} has transacted or entered into any contract(s} with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath}. [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami. or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters} has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath}. The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%} or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath}. [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official oremployee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as 27 of 58 57follows: ___________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed underoath). X:\Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: __________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. ( I 0) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: H~~ Print Name & Title: Pau la. Mash~) VJ) t>f-n114n~e Date: --'U'.,_,~ ..... JIJ--/?-d-_____ _ r 1 28 of 58 58PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -12 This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registrationfees. 'P ~ IA /a. M ()$fa fr:l. .for ~ cJ s-l11 1114 k.i Ca+enn ~ G, r fJ Pursuant to '92.525(2), Florida Statutes, the undersigned, _______ _, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME Abe Ng Paula Mostafa Stephen Sellier TITLE CEO, Sushi Maki Catering Corp VP of Finance, Sushi Maki Catering Corp VP of Commissary, Sushi Maki Catering Corp For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this 20th day of_~J=un~e"------~ 20 22 ~~~ Signature of Representative Paula Mostafa, VP of Finance Print Name and Title Sushi Maki Catering Corp d/b/a Medley Gourmet Foods Print name of entity being represented. END OF SECTION 34 of 58 CITY OF SOUTH MIAMI WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 SUBMITTAL DUE DATE: June 21, 2022 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as “Owner”) through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City’s request (hereinafter referred to as “Request for Proposal”, “RFP” or “E-Bidding”) All references in this Solicitation (also referred to as an “Invitation for Proposals” or “Invitation to E-bid) to “City” will be a reference to the City Manager, or the manager’s designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it t o mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PR2022-12, WEEKEND SENIOR MEAL PROGRAM. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B, & C ) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as “the Project” or “Project”). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami’s web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Let ter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the “Closing Date”) on June 21, 2022 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, June 21, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC City Clerk, City of South Miami 1 of 58 59 DemandStar Registration and User Account Sign-in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. If you do not have an account with DemandStar, click on “Create Your Account” otherwise, if you have an account, click on the “x” in the upper right-hand corner of this message and it will bring you to the following user sign in page. 2 of 58 60 SCOPE OF SERVICES and SCHEDULE OF VALUES WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1, Attachments A, B & C. 3 of 58 61 SCHEDULE OF EVENTS WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 TENTATIVE SCHEDULE No Event Date* Time* (EST) 1 Advertisement/ Distribution of Solicitation & Cone of Silence begins 5/19/2022 10:00 AM 2 Pre-RFP Meeting - NONE SCHEDULED NONE SCHEDULED 3 Deadline to Submit Questions 6/9/2022 10:00 AM 4 Deadline to City Responses to Questions 6/14/2022 10:00 AM 5 DEADLINE TO SUBMIT RFP RESPONSE: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ 6/21/2022 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 6/21/2022 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 7/5/2022 7:00 PM END OF SECTION 4 of 58 62 INSTRUCTIONS for RESPONDENT WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE “PROPOSAL” THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS “CONTRACTOR” OR AS “CONSULTANT”. 1. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment, and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms, and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City’s General Provisions, Terms and Conditions herein will take precedence over any terms and condition s submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract if any i) Respondent’s Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm’s Proposal; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in b ad faith. 7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 5 of 58 63 8. Any questions concerning the Soli citation or any required need for cl arification must be made in writing, by 10:00 AM June 9, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as “Solicitation Specifications” or “Solicitation”) by U.S. mail, e-mail, or other delivery method convenient to the City and the City will notify all prospective firms via the City’s website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City’s website. 10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the “Cone of Silence,” in accordance with Section 8A-7, of the City’s Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City’s professional staff, including the City Manager and his staff and members o f the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through th e Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning th is Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City’s Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City’s Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project . The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedu re required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. 6 of 58 64 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documen ts. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not sub mit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent’s authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase “not applicable” or “NA”. The proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier’s check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer’s trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words “approved equal”, it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent’s risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent’s name and manufacturer’s brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. 7 of 58 65 e) Respondent warrants by signature on the Proposal Form that prices quote d therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal /E-bid Bond, if required for this Project. 20. Respondent must comply with the City’s Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City’s bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing, or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent’s signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent’s behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City’s sole and absolute discretion, the City may treat the Respondent’s signature on any of those documents as the Respondent’s signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law, the City 8 of 58 66 of South Miami and its officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness, willfulnes s, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent’s contractual obligations to the City. Nothing contained in this solicitation is intended to imply, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent’s favor in any suit filed which concerns this Solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this paragraph to the contrary, a design professional’s indemnification obligations are limited to the requirement of paragraph F of the City’s Indemnification Requirements. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent’s employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent’s signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City’s option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Propos al/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier’s check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 9 of 58 67 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is prov ided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent’s E-Bid Form, if any, and a Respondent’s Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent’s principal, partners, members, or stockholders (collectively referred to as “Respondent Debtors”). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. Protest Procedure. See attached EXHIBIT 7. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as N/A. 38. Availability of Contract - Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposa l do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent’s prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, 10 of 58 68 conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent’s claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as “properly list” or “properly listed” confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent’s claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent’s sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: “Certify”, including all of its tenses, such as “certifies”, “certifying” and “certified”, means the act of swearing or affirming under penalties of perjury that the facts that are being “certified” are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The “Best and Final Offers” must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: “Best and Final Offers”. On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City’s Procurement Manager, will tabulate the Selection Committee’s scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re -advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the a ward recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 11 of 58 69 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the perform ance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2All rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software , if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, un der common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants, while perfo rming work for the City, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a “protected class” and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial and material breach of this Contract. END OF SECTION 12 of 58 70 CONE OF SILENCE ORDINANCE, SECTION 8A-7 WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information (“RFI”) or request for bid (“RFB”), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the “Potential Bidder”), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the “Bidder’s Representative”) and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) “City’s professional staff” means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager’s designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. 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 or at the time that the solicitation process is terminated by the City Manager. 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 the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; 13 of 58 71 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder’s Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City’s professional staff and Potential Bidders and/or Bidder’s Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder’s Representatives 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. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 14 of 58 72 PROPOSAL SUBMITTAL CHECKLIST FORM WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Respondents Cost & Technical Proposal, EXHIBIT 4 X Provide Mock Samples of the Food label and Samples of Food Containers, EXHIBIT 1, Attachment A, Section II., Sub-Section B. & F. “Meal Packaging” X Signed Contract Documents EXHIBIT 5 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 15 of 58 73 RESPONDENT QUALIFICATION STATEMENT WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years b) In the past 10 years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price c) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Price: Actual Final Contract Price: 16 of 58 74 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT’s home office organization chart. b) RESPONDENT’s proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 17 of 58 75 END OF SECTION Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 18 of 58 76 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 19 of 58 77 NON-COLLUSION AFFIDAVIT WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Pr oposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) 20 of 58 78 ______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) ____ Personally known to me, or ____ Personal identification: _________________________ Type of Identification Produced ____ Did take an oath, or ____ Did Not take an oath. 21 of 58 79 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes – “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted ve ndor list”. The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate , or agent who is also an officer or employee of the City of South Miami or its agencies. 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 OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to ____________________________________________________________________________ [print name of the public entity] by ____________________________________________________________________________ [print individual’s name and title] for___________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Iden tification Number (FEIN) is ____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ___________________________________________________.) 2. I 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, proposal 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 misrepresentation. 3. I 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 nolo contendere. 4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) 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 any person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, will be a prima facie case that one person controls 22 of 58 80 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 will be considered an affiliate. 5. I 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 the legal pow er to enter into a binding contract and which bids or proposal or applies to bid or proposal 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, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] _____ 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 con victed 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. _____ 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 of 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 ven dor 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 (ONE) 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. ____________________________________ [Signature] Sworn to and subscribed before me this __________ day of ___________________________, 20____. Personally known ________________________ ___________________________________ OR Produced identification _________________ Notary Public – State of ________________ _______________________________________ My commission expires ________________ (Type of identification) (Printed, typed, or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) 23 of 58 81 DRUG FREE WORKPLACE WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’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. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ 24 of 58 82 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 – 12 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’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. 3) Give each employee engaged in providing the commodities or contractual services that are under E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title 25 of 58 83 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 The person, or entity, who is responding to the City’s solicitation, hereinafter referred to as “Respondent”, must certify that the Respondent’s name Does Not appear on the State of Florida, Department of Management Services, “CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS”. If the Respondent’s name appears on one or all the “Listings” summarized below, Respondents must “Check if Applies” next to the applicable “Listing.” The “Listings” can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_i nformation/convicted_suspended_di scriminatory_complaints_vendor_lists DECLARATION UNDER PENALTY OF PERJURY I, _____________________ (hereinafter referred to as the “Declarant”) state, that the following facts are true and correct: (1) I represent the Respondent whose name is ______________________________. (2) I have the following relationship with the Respondent __________________ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_d i scriminatory_complaints_vendor_lists (4) I have entered an “x” or a check mark beside each listing/category set forth below if the Respondent’s name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent’s name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable ___ Convicted Vendor List ___ Suspended Vendor List ___ Discriminatory Vendor List ___ Federal Excluded Parties List ___ Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: ___________________________ (Signature of Declarant) ___________________________ (Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally appeared ____________________________________ who is personally know to me or who provided the following identification ______________ and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. ____________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL ____________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) 26 of 58 84 RELATED PARTY TRANSACTION VERIFICATION FORM WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 I ______________________________, individually and on behalf of ______________________________ (“Firm”) have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock i s publicly traded, the statement in this section (4) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our p ersonal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as 27 of 58 85 follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ________________________ ____________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons’ immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ 28 of 58 86 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to 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, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, b rothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and 29 of 58 87 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the mann er in which it would affect the public generally. Any person included in the term defined in paragraph (b )(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person inclu ded in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. 30 of 58 88 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the in terest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. 31 of 58 89 (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any officia l action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of 32 of 58 90 advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 33 of 58 91 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ______ day of ___________________, 20 ___. ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented. END OF SECTION 34 of 58 92 NOTICE OF AWARD WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 The City has considered the Proposal submitted by your firm for the WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 – 12 in response to the City’s advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 – 12 and the negotiated price is attached as Exhibit A to this Notice of Award. You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year’s appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY: __________________________________ Shari Kamali City Manager Dated this ____ day of ______________, 20____ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by _______________________________ On this the ______ day of ____________________, 20____. BY: __________________________ TITLE: __________________________ You are required to return an acknowledged copy of this Notice of Award to the City Manager. END OF SECTION 35 of 58 93 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT A Weekend Senior Meal Program RFP #PR2022 - 12 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the “Work”). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. All work is to be completed in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachments A, B, and C , all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, public playground safety standards, rules and guidelines. IT IS THE BIDDER’S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. II. SPECIFIC REQUIREMENTS: The City is soliciting proposals from highly qualified firms for two (2) prepackaged meals for approximately sixty-five (65) residents at the City of South Miami Senior Center, 6701 SW 62 Ave, South Miami, FL, 33143. The program will provide approximately 130 meals to 65 senior residents at the City of South Miami Senior Center, delivered every Friday for 52 weeks, which totals 6,760 meals on an annual basis. Meals are to be delivered to individual room units to seniors residing at the City of South Miami Senior Center. Meals shall consist of the “Food Specifications”, identified as Exhibit 1, Scope of Services, Attachment B. Senior meals shall consist of “Cycle Menus.” Please refer to “Sample Weekend Cycle Meal Schedules” identified as Exhibit 1, Scope of Services, Attachment C, shall be rotated for each four (4) week period, Menu “A” and Menu “B.” Note: The “Sample” menu cycle is provided a guideline only and represents a “sample” of a potential menu cycle. The awarded Respondent shall receive prior approval from the City before implementing a menu cycle. MINIMUM QUALIFICATIONS FOR THE AWARD: To be eligible for award the following requirements must be met: 36 of 58 94 A. Respondents shall provide a copy of its most current annual inspection report from the Florida Department of Health. The report must show corrective action, if applicable, where deficiencies are noted. If the report is not provided, the Respondent’s proposal will be considered non-responsive. B. Respondents shall submit proof of registration with the State of Florida’s Department of Elder Affairs, Food and Nutrition Management (Adult Care Food Program) with the submittal. Respondents shall also provide the following documents with the submittal: • Local Business Tax receipt issued by South Miami or government entity having jurisdiction where the business is located. • Copy of Food management certificate. • Copy of Department of Business and Professional Regulations certificate. • References as described in Section “C” below and, “Respondents Qualification Statement” in the RFP. • A mock sample of the label described in Section “D”. • A sample of the “insulated container” trays, seal, label and carton described in Section “E.” C. Respondents shall provide three (3) references of existing customers. Refer to “Respondents Qualification Statement” in the RFP. The references listed must be customers that are currently receiving or have recently received from the Respondent catering services of at least 100 people or more. The references must include the customer’s name, and the name, title, address, and telephone number of the contact person who can verify that the Respondent has successfully provided the services that the Respondent is offering under this solicitation. These references shall ascertain to the City’s satisfaction that the Respondent has sufficient experience and expertise in providing meals for the elderly program. D. Food Labels: Every food product should be labeled with the food item enclosed, the number of portions, portion size, day of usage, expiration date, total quantity and name. Each meal shall be identified and appropriately labeled as to contents and directions for proper heating. (Type of print to be no smaller than Elite type). Label shall withstand the heat of conventional, toaster or microwave ovens without turning brown and/or burning. Lids shall be fireproof. Ink used on label shall not smear or rub off. Labels must be easily removable by clients. E. Insulated Containers: Meals are to be packaged no more than 36 meals to an insulated thermal container. The outer corrugated insulated thermal container is to be minimum 200 pound test, sufficiently constructed to protect product and to withstand normal handling. Within the insulated thermal container, meals are to be packed (egg-crated) 4 meals per layer (tray) with nine layers per carton. Between each layer of meals, a corrugated insert must be added. F. Meal Packaging: All meal entrees are to be packaged in three compartment containers that can be heated in toaster oven, conventional oven, and/or microwave oven. Containers are to have a clear strong-self venting peelable film. 37 of 58 95 Desserts, puddings and other side items must be packaged separately in sealed containers. Breads shall be packaged in clear clean plastic bags or cellophane wrapping or film. Desserts are to be packaged in container with sealed peelback - type film. NOTE: Respondents shall submit a sample of the food container and box label. RESPONDENTS SHALL PROVIDE A MOCK SAMPLE OF THE LABEL AND SAMPLE OF THE FOOD CONTAINER; MOCK LABELS AND CONTAINERS SHALL BE DELIVERED OR MAILED, BY THE SUBMITTAL DUE DATE, TO: Attn: City Clerk RFP #PR2022-12 Nkenga A. Payne, CMC City of South Miami 6130 Sunset Drive South Miami, Fl 33143 The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/. Samples of Label and Food containers must be submitted to the address above by the submittal due date. For purposes of meal sanitation, the packaging surrounding the meal must remain sealed during handling. Each meal is to be sealed in material that can withstand heat of a conventional oven, toaster oven or microwave oven. INSPECTION OF FOOD The City reserves the right to inspect and determine the quality of food delivered and reject any meals which do not comply with the requirements and specifications of the contract. It is the responsibility of the City to serve the required amount specifie d in the meal pattern. It is the responsibility of the successful bidder to provide sufficient amounts of each menu items to be served. The successful bidder shall not be paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified delivery time period, meals not delivered at the required temperature, meals not delivered in the appropriate containers, meals which contain spoiled or unwholesome food items and/or meals that are rejected because they do not comply with the specifications. The City reserves the right to obtain meals from other sources if meals are rejected due to any of the stated reasons. The successful bidder shall be responsible for reimbursing the appropriate center within 24 hours for the cost associated with any alternative feeding measures. The City shall notify the successful bidder in writing as to the number of meals rejected and the reasons for rejection. The plant where meals are produced must be United States Department of Agriculture (USDA) or the Food and Drug Administration (FDA) inspected, approved for meat and poultry, with continuous on-site USDA or FDA 38 of 58 96 inspections, as applicable. Bidder must include USDA or FDA plant number in the appropriate space provided on the bid proposal. NO SUBCONTRACTING The successful bidder shall not subcontract with any company for the partial or total preparation or the delivery of the meal and shall not assign their contract or any interest therein without the advanced written consent of the City. In the event of any assignment, the successful bidder shall remain liable to the City as principal for the performance of all his obligations under this contract. SPECIAL DIETS Some meals are required to be modified to meet the special dietary needs of the facility’s clients as prescribed by their physician. These meals may be prescribed to be low fat, low cholesterol, restricted in sugar, or have other restrictions indicated by the client’s physicians. Copies of the physicians‟ order will be provided to the successful bidder 24 hours in advance. The estimated number of modified meals is shown in Schedule “A”. These meals must be pre-packed in separate containers labeled with the facility’s name, the client’s name, the type of special diet, and the date of production. MENUS Four week cycle menus, one for each program are attached as samples, (See Exhibit 1, Attachment “C”). The cycle menus shall be strictly adhered to by the vendor. Any substitutions of food items will not be accepted unless prior approval has been given in writing by the Department Human Services. If substitutions are made without prior approval the program will disallow payment of such meals. PROJECT FUNDING: This project and program is funded through City funds. The City may secure a grant or multiple grants to cover all or part of the funding over the contract term. III. SITE LOCATION: The catering project will be held at City of South Miami Senior Center, 6701 SW 62 Ave, South Miami, FL, 33143, South Miami, FL, 33143. IV. PRICING - LUMP SUM PRICING: Proposal pricing must be submitted completing Exhibit 3 “Respondents Bid Form” and Exhibit 4, “Respondents Cost and Technical Proposal,” and shall include all cost associated with completing this project as outlined in the scope of services. It is the City’s intention to award this project to a single Contractor. VI. CONTRACT PERIOD: A contract will be awarded for a one (1) year period. At the discretion of the City Manager, the contract may be extended for four (4), one (1) year options-to-renew, for a total of five (5) consecutive years. BID, PERFORMANCE AND PAYMENT BONDS ARE (NOT) REQUIRED FOR THIS PROJECT. END OF SECTION 39 of 58 97 EXHIBIT #1 SCOPE OF SERVICES Attachment B Weekend Senior Meal Program RFP #PR2022 - 12 “FOOD SPECIFICATIONS” SODIUM CONDIMENT No salt, accent, or any other sodium condiment should be used in preparation of food. FOOD SPECIFICATIONS The following items must be supplied as specified: A. Vegetables a. Vegetables shall be frozen, not canned. B. Salads a. Tossed salad shall be as indicated on menus or other items as specified on menu cycle. b. Salads made with mayonnaise shall arrive at 40-degree F temperature C. Milk/Dairy a. Milk must be fluid, 1% low fat, pasteurized, fortified with Vitamin A and D. b. All milk is to be iced. The ice must be in a solid state at time of delivery. Milk shall be packed in iced, in clean/closed thermal containers not containing cracks. Milk shall be packaged in 8 ounce cartons. Cheese must be natural or processed with not more than 3.9% moisture. Cheese food is not acceptable. Yogurt must be low fat and may contain artificial sweeteners and flavors. D. Bread a. All bread, cereal, cracker, and cookie products must be made with whole grain, enriched flour or meal as the primary ingredient. No trans-fat allowed E. Fruit a. All fruits, juices, and vegetables must be USDA Grade A/Fancy. Fruits may be canned (except where fresh is indicated on menu) and must be packed in light syrup, water or natural juice. All fruit juices must be 100% full-strength and pasteurized. All fresh bananas are to be delivered one day prior green tipped. F. Meat a. Meat, poultry, and eggs must be procured from USDA inspected facilities. Ground chuck and luncheon meats must be at least 85% lean. Luncheon meats and frankfurters (if by special request) must contain no variety meats. Chicken must be USDA Grade A and from fryers with weight of no less than two (2) pounds, 4 ounces. Chopped ham, chicken roll, and turkey roll cannot be used. Tuna must be Grade A, chunk light, packed in water and must be U.S. Government inspected. Eggs must be USDA Grade A. Fish must be Icelandic 40 of 58 98 only and bear USDC and U.S. Grade A shield on packaging; batter must be crunchy type breading. Peanut butter must be made from Grade A peanuts and of a smooth, thick consistency. G. Margarine a. Margarine is to be supplied in case lots to each site for use with breads and as vegetable seasoning. Margarine must be 100% canola or canola oil combination. No trans-fat allowed H. Soup a. Soups shall be low sodium I. Coffee a. Regular coffee decaffeinated coffee, tea bags and “Cuban” styled coffee will be delivered in bulk lots in advance by the successful bidder so that they can be prepared by the facility’s staff in time for the meals. Quantities will be determined by the menus and the number of servings requested by the facilities J. Cereals a. All dry cereals will be low sodium, low sugar, and individually boxed. All cookies or crackers will be individually packaged in the quantity required to be served to each client. All milk will be packaged in eight (8) ounce leak proof containers. All juices will be packaged in four (4) ounce leak proof containers. Fresh fruits will be packaged in bulk containers. Items that are to be served with breakfast are required to be delivered on the preceding business day that the center is open. END OF SECTION 41 of 58 99 EXHIBIT #1 SCOPE OF SERVICES Attachment C Weekend Senior Meal Program RFP #PR2022 - 12 “SAMPLE WEEKEND CYCLE MEAL SCHEDULES” Note: The “Sample” menu cycle is provided a guideline only and represents a “sample” of a potential menu cycle. The awarded Respondent shall receive prior approval from the City before implementing a menu cycle. WEEK 1 MENU A MENU B Braised Beef in Tomato Sauce Cuban Tamal White Rice Red Beans & Rice Split Pea Soup Sliced Carrots Green Beans Vanilla Pudding Dinner Roll Dinner Roll Banana Milk Milk WEEK 2 MENU A MENU B Chicken Meat Balls in tomato sauce Yellow Rice Spaghetti Fried sweet plantains Italian mixed vegetables Peas & Carrots Garlic Bread Dinner Roll Corn Chocolate with cream Rice Pudding Milk Milk WEEK 3 MENU A MENU B Media Noche Sandwich 3 Ham Croquettes Black Bean Soup Yellow Rice with Ham & Sausage Orange Juice Peas & Carrots Debbie Cake Chocolate Pudding Mariquitas Dinner Roll Milk Milk 42 of 58 100 WEEK 4 MENU A MENU B Moro Ground Beef Pork Chuncks White Rice Boiled Casava with Mojo Green Beans Apple Juice Dinner Roll Cuban Dinner Roll Fruit Cup Fruit cocktail Milk Milk END OF SECTION 43 of 58 101 EXHIBIT 2 WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY’s sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm’s Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 44 of 58 102 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, 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. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella 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 with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of 45 of 58 103 this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM’s duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as defined in Article 1 of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: “The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’, or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (2) a policy provision or an endorsement with substantially similar provisions as follows: “This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City.” E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute, and unfettered discretion. 46 of 58 104 Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. Thus, the design professional’s obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney s’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 47 of 58 105 EXHIBIT 3 WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachments A, B & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City’s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in ad dition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be requ ired by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent’s bid, or prop osal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 48 of 58 106 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility f or the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that th e contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and not ice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. I f this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1 shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent’s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 49 of 58 107 9. This proposal is submitted by ________________________ whose address is ________________ ___________________, whose telephone number is ______________, whose fax number is ____ _____________, whose email address is __________________________ and whose authorized representative signing this Bid Form is ____________________________ whose title is _________. 10. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents an d this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of th e information and representations contained herein are true and correct. Signature: ______________________________ Date of Execution: _______________________ ___________________________ [Print signatory’s name] END OF SECTION 50 of 58 108 EXHIBIT 4 RESPONDENTS COST AND TECHNICAL PROPOSAL Weekend Senior Meal Program RFP #PR2022 - 12 Respondents to this RFP must complete and include the Respondent’s Cost and Technical Proposal, in accordance with Exhibit 1, Scope of Services, Attachment A, B, & C with their submittal. Failure to do so shall render the Proposal non-responsive and the Proposal shall be rejected from further consideration The program will provide approximately 130 meals to 65 senior residents at the City of South Miami Senior Center, delivered every Friday for 52 weeks, which totals 6,760 meals on an annual basis. (130 MEALS PER WEEK) x 52 WEEKS (6,760 MEALS) MEAL UNIT PRICE ANNUAL TOTAL YEAR 1 $ ____________________ $ ____________________ YEAR 2 $ ____________________ $ ____________________ YEAR 3 $ ____________________ $ ____________________ YEAR 4 $ ____________________ $ ____________________ YEAR 5 $ ____________________ $ ____________________ FIVE-YEAR CONTRACT TOTAL $ ____________________ PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 51 of 58 109 EXHIBIT 5 PROFESSIONAL SERVICES CONTRACT WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 - 12 THIS CONTRACT, entered into this ____ day of _____________, 20____, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the “CITY” where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: skamali@southmiamifl.gov and ______________________ with an office and principal place of business located at _________________________, and E-mail address of ___________________ and Facsimile transmission number of __________________ (hereinafter called the “CONTRACTOR”. WITNESSETH: WHEREAS, the CITY needs WEEKEND SENIOR MEAL PROGRAM; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY’s goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby retains CONTRACTOR to provide the goods and/or services, all of which is set forth in Scope of Services, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work”). • Respondent’s Bid Form, attached as “Exhibit 3 • Respondents Cost & Technical Proposal attached as “Exhibit 4” (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (1) above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit 1 • CITY’s Insurance & Indemnification Requirements, attached as Exhibit 2 • Solicitation documents for WEEKEND SENIOR MEAL PROGRAM RFP #PR2022-12. This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 – 12 including the CONTRACTOR’s Bid Form and CONTRACTOR/ Respondent’s Cost and Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (1) above, and in this paragraph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the “Work Commencement Date”). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager (“Manager”), assistant Manager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: ___________________ e-mail: _______________; Fax: ______________ Street Address: ________________________. (5) Scope of Services: The goods and/or services to be provided are as set forth in the Scope of Services, attached as “Exhibit 1. (6) Compensation: The CONTRACTOR’s compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in 52 of 58 110 CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as “Exhibit 4, unless modified in writing signed by the CITY and CONTRACTOR. (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for a ONE (1) YEAR PERIOD with FOUR (4) ONE (1) Year Options-to- Renew, for a term not to exceed FIVE (5) Consecutive Years. The Options to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. (10) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County, Florida. (11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein. 1) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. (12) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. (13) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. (14) Jury Trial Waiver: The parties waive their right to jury trial. (15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. (16) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt 53 of 58 111 or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 2) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. (17) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail, or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov With copies by U.S. mail to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov To CONTRACTOR: ________________________ ________________________ ________________________ (18) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. 3) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its 54 of 58 112 personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. (19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami’s Personnel Manual which is made a part of this Contract by reference. (20) Transfer and Assignment. The services under this Contract may not be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (21) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR’s price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (22) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E- Verify system to verify work authorization status of all employees hired after January 1, 2021. The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Contract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied, must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contract is terminated pursuant to paragraph b. or c. above; (f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (1) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this Contract. (23) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a “protected class” and Contractor must take all steps necessary to 55 of 58 113 prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. Contractor must include in all of its subcontracts the following clause: Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, or disability, or any other classification that is federally defined as a “protected class”. Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. CONTRACTOR: _____________________________ Witnessed: By: _________________________ By: ___________________________________ __________________________ [print name and title of signatory] ATTESTED: CITY OF SOUTH MIAMI By: __________________________ By: ________________________ Nkenga Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: By: __________________________ City Attorney END OF SECTION 56 of 58 114 EXHIBIT 7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) WEEKEND SENIOR MEAL PROGRAM RFP #PR2022- 12 The following procedures will be used for resolution of protested solicitations and awards. The word “bid”, as well as all of its derivations, means a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt. ii. Protest of solicitation. A protest of the solicitation or award must be in writing (“Protest Letter”) and submitted to the City Clerk’s office within five calendar days after the date of the filing of the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk’s office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk’s office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk’s office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk’s office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk’s office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. iii. Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. iv. Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge 57 of 58 115 the City’s determination of what is in the City’s best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. v. Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 58 of 58 116 117 -. M IAM I-DADE STATE OF FLORID A COU NTY OF MIAM I-DA DE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says th at he or she is the DI REC TOR OF OPERATIONS , Le ga l Notices of the Miami Da ily Business Review Ilk/a Miami Rev iew , a dai ly (excep t Saturday , Sunday and Lega l Ho li days) newspaper , published at Miami in Miami-Dade County, Florida; that th e attached copy of advertisement , be ing a Legal Advertisement 'i!f, ~1<31,'l"..Ri l~ the matter of CITY OF SOUTH MIAM I -RFP #PR 2022 -10 in the XXXX Court, was published in said newspaper by pri nt in the issues of and/o r by publication on th e newspape r's websi te , if authorized , on 05 /06 /2022 Affiant further says that th e newspaper complies with all legal requ irements for publication in chapter 50 , Flo rid a Statutes . Sw 6d0A~ (SEAL) GU ILLERMO GARCIA persona lly k.nown to me _ .• •~~--CHRISTINA LYNN RAV1X ;f·~ \ 1 Conwn1sak1n I GG 2Tl771 {;:_~fl Expull Novenil« 19, 2022 --~~.r,;?,t·· BondBcll!wTIVI' Ftm IRUWIC8~7019 CITY OF SOUTH MIAMI NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK. AFP #PA2022-10 SUBMiTTAL DUE DATE: JUNE 7, 2022 AT 10AM The City is hereby requesting sealed proposals in response to this RFP #PR2022-10, NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK. The purpose of th is Solicitation is to contract for the services necessary for the completion of the project i n accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B C & DJ and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamlfl.gov/ wh ich is the City of South Miam i's we b address for so licitation information. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Biddingj. To register as a business, go to '1!!Q§;ll etwork .demandstar.com/ Proposals must be received electronically through DemandStar, no late, than 10:00 A.M. local time (the "Closing Date") on June 7, 2022 and any Proposal received by the City through DemandS!ar after 10:00 am. local time Oil' said date will not be accepted under any circumstances. Hand deliveiy will not be accepted. E-B1O OPENING VIA VIDEO CONFERENCING: 0The opening of E-B ids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, June 7, 2022. The City Clerk will co nduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at !J!!P.s://M)om. l!§fi/~056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID : 3056636339. 5/6 Nkenga A. Payne , CMC, FCRM City Clerk, City of South Miami 22-124/0000595911 M 118 ,. ·1 ! i 119 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personall y appeared GUILLERMO GARC IA, who on oa th say s that he or she is the DIREC"fOR OF OPERATIONS , Lega l Notices of the Mia mi Da ily Business Revi ew IIW a Mi ami Review , a da ily (exce pt Saturday . Sunday and Lega l Holidays ) news paper, publ ish ed at Miami in Miami -Dade Co unty , Florid a; th at the atta ched copy of advertisemen t, bei ng a Legal Adv ert isement of Noti ce in th e matter of CI TY OF SOUTH MIAMI· RFP #P R202 2 · 12 in the XXXX Court , was publ ished in sa id newspaper by print in th e issues of and/or by publication on the newspa per's website , if authorized, on 05 /23 /202 2 Affi ant furthe r says that the new spaper com plies wi th all legal requireme nts for publi ca ti on in chapter 50, Fl orida Swor o and subscribed befor e me this 23 day of MAY .D. 2022 GUILLERMO GARCIA pe rsona lly know n to me f~~·::··::•:~-,_ CliRJSTINA l YNN RAVIX · ~•: :•1 Commission I GG 277771 •~• 'T "l:Xjlies ~--. ,,_,,~i•/ NoYerOOer 19, 2022 ··•::r,r .... ·• !loll.1,d Tivu Troy Fa.I, last'1llCe 800-385,7019 CITY OF SOUTH MIAMI WEEKEND SENIOR MEAL PROGRAM RFP #PR2022 -1 2 SUBMITIAL DUE DATE: JUNE 21, 2022 AT 10 AM The City is hereby requesting sealed proposals in response to this RFP #PR2022-12, WEEKEND SENIOR MEAL PRO GRAM. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the S cope o f Services, (EXHIBIT 1, Attachments A, B, & CJ and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project "). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is th e City of Scutt"! Miami's web address for solicitation information. The City will only receive su bmittals electronica lly th ro ugh the DemandStar Electronic B i d System (E-Bidding). To register as a busi ness, go to https://netwo rk.demandsta r.com/ Proposals must be received electronically through DemandStar, no later than 10:00 A.M. l ocal t ime lthe "Closing Date") on J une 21, 2022 and any Proposal received by the City through DemandStar after 10:00 a.m . local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. RES PO NDENTS SHALL PROVIDE A MQCK SAMPLE OF "(tl E LABEL AN D SAMP LE OF THE FOOOCOITTAINER· MOCK LABELS ~D CONTAINERS SHALL BE DELNERE D OR MAILED BY THE SUBMITTAL DUE DATE TO: Attn: City Clerk RFP #PR2022-12 Nkenga A. Payne, CMC, FCRM City of South Miami 6130 Sunset Drive South Miami, A 33143 120 121 The City will only receive submittals electronically through the DemandStar _ Electronic Bid S)lstem (E-Bidding). To r~ister as a business, go to ~etwork.de andstar.com/. _Sam les of Label and Food containers must be sub itted to the address above b the submittal due date. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, June 21, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at h!!Ps:1/zoom .us/i 3056636339, or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID : 3056636339. 5/23 Nkenga A. Payne , CMC, FCRM City Clerk, City of South Miami 22-125/0000599114M 122 .. MIAMI -DADE STATE OF FLOR IDA COU NTY OF MIA MI -DADE: Before the undersigned authority personally appeared MARIA MESA , who on oath says that he or she Is the LEGAL CLERK , Legal Notices of the Miami Da ily Business Review f/k/ a Miami Review , a daily (excep t Saturday , Sunday and Lega l Holidays) newspaper , published at Miami in Miami -Dade Co unty. Florida ; tha t the attached copy of advertisement , be ing a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEAR INGS -AUG . 16 , 2022 Jn lhe XXXX Court, was published fn said newspaper by print in the Issues of and/or by publication on the newspaper's website , If authorized , on 08 /05 /2022 Affiant further says that the newspaper comp li es with all legal 101 publication in chapter 50 , Florida e this 5 . A.O. 2022 ~~ {SEAL) MARIA MESA personally known to me ,, ....... ,, "'--·"ARA i' 'Ol "$ ~>/'\"•~• <:-JI.., 1l ,r,n //'A'\ \ Commission # HH 187442 l~J.~-i! Expires November 2, 2025 ·•!,~kr,f.;?.°!:·· 8ood1d Thill Troy Fm Insurance B00-385-7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CM1) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/'i/3056636338 and participate. At a min imum, at least three members of the City Commission will be physically present in the City Commi ssion Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on T11c~ Au,,,_,,,ust..._,1"'6,...,.,=,,._,,_,...,_,_,"'--'= io cons ider the fo_llowing public hearing item{s}: A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution ~lating to the appeal filed by Stunnas Al LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. 123 An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present e,iidellcear ynu are 11~1&.te use ~ are procedures to follow and oth er options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at h : www.s.Q.uthrnjamifl . ov/580/Public-Meelin s-Notices. Anyone who wishes to rev iew pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 1 The min imum standards for adopting a resolution or enacting an ordinance are set forth In 166.041 (4) ··• A majority of the members of the governing body shall constitute a quorum . An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution : ·- Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any dec ision made by a Board , Agency or Commission with respect , to any matter considered at Its meeting or hearing , a record of the proceedings will be requ ired for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal Is to be based . ADA: To request a modification to a policy , practice or procedure or to request an auxiliary aide or service in order to participate in a City program , activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663 -6340, by mail at 6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov. 8/5 Nkenga A. Payne, CMC, FCRM City Clerk 22-115/0000612701M SUNDAY AUGUST 7 2022 NEIGHBORS...................................................................................................19SE 124 1.00~- 19-Month CD Spec ial $500 Minimum 29-Month CD Special $500 Minimum 39-Month CD Special $500 Minimum 3.00~- 59 -M ont h CD Special $500 Minimum The best CD rates aren't just on line . They are at your neighborhood Third Federa l, too. With conven ient locat ions to serve you, ca ll or visit us today. Same great rates ava il ab le in-branch and at www .thirdfederal.com . ThirdFederal® SAVINGS & LOAN thirdfederal.com Call or visit one of our convenient locations. Boca Raton I 561-347-7433 • Delray Beac h I 561-637-6469 Greenacres I 561-964-6660 • North Palm Be ach I 56 1-630 -6488 Co ralSprin gs I 95 4-340-40 32 Member FDIC Hall an dale I 954 -45 7-2488 Pl ant at ion I 954 -4 72 -6039 HNI. Ol~0/111 1 5Tlf.N5KI f OU NOfU 'Annua l Percentage Yie ld (A PY) is accurate as of 7 /29/22. Mi ni mum depos it of $500 to open and earn stated APY. Depos its over $1,000,000 subject to review. CDs subject to pena lty for ear ly w ithdrawa l. An ear ly w ithdrawa l may reduce earn i ngs. Offers and rates sub ject to change at any t ime. Funds in sured accord i ng to FD I C i nsurance requ irements. ©2022 Third Fede ral ~ VILLAGE OF PINECREST Public Notice On Tuesday, September 13, 2022, at 7:00 p.m., the Village Council will conduct the following Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida: Hearing #2022-0913-1. Crimson Ibis, LLC (Owner), and Lou Campanile, Jr. (Applicant) are requesting approval of a preliminary subdivision plat ("Crimson Ibis") for the division of property and creation of two (2) single-family residential lots on property located at 9300 SW 60 Court, Pinecrest, Florida, within the EU-1, Residential Estate zoning district. Lot 1 is proposed to be 1.625 acres in net area; and lot 2 is proposed to be 2.619 acres in net area. Interested parties are invited to appear in person or virtually and be heard -Visit www.pinecrest-fi.gov/live for details. For additional information, you may contact the Building and Planning Department by calling 305.234.2121, via e- mail at planning@pinecrest-fi.gov or writing to the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy of the application is on file. Refer to the Hearing Number when making an inquiry. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305.234.2121 not later than seven business days prior to such proceeding. Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). www.pinecrest-fl.gov Priscilla Torres, CMC Village Clerk CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday, August 16, 2022, at 7:00 p.m. to consider the following public hearing item(s): A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/ Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) ••• A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. •••