Okaloosa County BOCC — May 4, 2013 — C12-1962-COR — reading text

bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All resoondents must disclose with their proposal the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its' agencies. Furthermore, all resoondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County if he is an officer or employee of the County, disclosing his or spouses or child's interest and the nature of the intended business. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. a Last Revised - 03/28/2012 Page 17 Identical Tie Proposal - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals that are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. Reorganization or Bankruptcy Proceedings - Bids will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. Bid Opening Information - Bid Opening shall be public, on the date and time specified on the bid form. It is the bidder's responsibility to assure that his bid is delivered at the proper time and place. Offers by telegram, facsimile, or telephone are NOT acceptable. NOTE: Crestview, Florida is "not a next day guaranteed delivery location" by delivery services. Right to Waive and Reject A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. Cc. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgment will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to determine the true amount of the proposal. Each item must be proposed separately and no attempt is to be made to tie any item or items to any other item or items. eee Last Revised - 03/28/2012 Page 18 @ 10. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. Cc. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D. Uncompleted work that in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded. E, Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F, Default under previous contract. GC. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in @ the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. HW. No Bid Information - If not submitting a bid, respond by returning this bid, marking it “NO BID” and explain the reason. Repeated failure to quote without sufficient justification shall be cause for removal of the supplier's name from the bid mailing list. NOTE: To quality as a respondent, bidder must submit a “No Bid” and it must be received no later than the stated bid opening date and hour. 12. Bonding Requirements 1, An acceptable bidder's bond in the amount of 5% of the total proposal for a one year period shall accompany the proposal at the time of the proposal opening. (When calculating the bid bond, the proposer shall use the provided estimated annual number of meals multiplied by the highest cost per meal for the one-year period). 2. Within 14 calendar days after notification of award of the RFP, the successful contractor must execute the written contract (see attached sample) and provide an acceptable performance bond. The performance bond shall be in the amount of $500,000 and shall be executed by the contractor and a corporate surety company authorized to transact business in the State of Florida. (ne Last Revised - 03/28/2012 Page 19 @ 13. Contract Cancellation 1. Termination by the County for Cause - The County may terminate the contract if the contractor: a. Refuses or fails to supply enough properly skilled workers or proper materials to satisfactorily provide complete Corrections Food Service as requested. b. Fails to make payments to suppliers or subcontractors for materials and/or labor in accordance with the respective agreements between the contractors and subcontractors. on Disregards laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the contract. d, Otherwise commits a substantial breach of any provision of the contract document. 2. Termination by Either Party for Convenience a. By mutual agreement, both parties of the contract agreement, upon receipt and acceptance of not less than 120 calendar days written notice, the contract may be terminated on an agreed upon date, prior to the end of the contract period, without penalty to either party. @ b. Upon termination, the County shall pay the contractor the full cost of all work properly done by the contractor to the date of termination not previously paid for by the County. If at the date of such termination, the contractor has properly prepared or fabricated off site any goods for subsequence incorporation in the work, the County may direct the contractor to deliver such goods to a location determined by the County, whereupon the County shall pay the contractor the cost for such goods and materials. 14. Non-Appropriation of Funds - The County may terminate this contract upon 30 calendar day’s written notice to the contractor if the County’s governing body(s) fail to appropriate monies for the purpose of providing food services covered under the contract agreement. 15, Termination for Bankruptcy or Insolvency - In the event of any proceedings by or against either party, voluntary or involuntary, in bankruptcy or insolvency, or for the appointment of a receiver or trustee for the benefit of creditors, of the property of the contractor, the County may cancel this contract or affirm the contract and hold the contractor responsible for damages. 16. Contract Assignment - The contract established as a result of this RFP process shall not be transferred to/or assigned without prior written consent of the County Board of County Commissioners. a Last Revised - 03/28/2012 Page 20 @ CUSTOMER REFERENCE SHEET Refer to Bid Specification Please See the Following Page NAME OF CUSTOMER ADDRESS PHONE NUMBER PERSON TO CONTACT NAME OF CUSTOMER ADDRESS PHONE NUMBER PERSON TO CONTACT NAME OF CUSTOMER ADDRESS PHONE NUMBER PERSON TO CONTACT NAME OF CUSTOMER ADDRESS PHONE NUMBER PERSON TO CONTACT NAME OF CUSTOMER ADDRESS PHONE NUMBER PERSON TO CONTACT —————————— llr ————EEEEE rr Ere Ee —————— a _____S==S=S== LL. —_—_—_—_—_—_— Last Revised — 02/29/2012 Page 21 f ; i~ : Management, Inc. CORRECTIONAL DIVISION EXPERIENCE AND REFERENCES Levy County Jail Date Contract Signed: 07/01/01 9150 North East 80'" Avenue 187 Inmates plus Staff Bronson, Florida 32621 CONTACT: Captain Michael Sheffield (352) 486-5121 Mobile County Metro Jail Date Contract Signed: 4/01/06 450 S. Emanuel Street 1148 inmates plus Staff Mobile, AL 36603 CONTACT: Ms. Renan Little (251-574-4700) Houston County Jail Date Contract Signed 07/01/99 164 North Oates Street 508 Inmates plus Staff Dothan, Alabama 36302 CONTACT: Sheriff Andy R. Hughes (334) 677-4888 Galveston County Jail Date Contract Signed: 03/05/01 5700 Avenue H 890 Inmates plus Staff Galveston, Texas 77550 CONTACT: Chief Mike Henson, Director of Corrections (409) 766-2326 Sumter County Correctional Date Contract Signed: 11/01/95 Institute and Jail Jail — 156 Inmates plus Staff 346 McMath Mill Road Correction Institute — 304 Inmates plus Staff Americus, Georgia 31709 CONTACT: Sheriff Pete Smith (229) 928-4635 13 LOCAL PREFERENCE DATA SHEET Refer to Special Bid Condition Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? (If your firm is located in Okaloosa County, you will check “NO.") If “YES,” list below the extent of such preference. YES NO x - ABL Management, Inc. CM a Bidder’s Company Name aa Signefyre4 Manual Mr. John D. Appleton Authorized Signature — Typed Last Revised — 02/29/2012 Page 22 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any Okaloosa Board of County Commissioner,