09112026_PM_ITB0000043_1_1_0_09252026_Solicitation_Packet.pdf

Miami-Dade County

9/11/2026

Solicitation Packet for

Solicitation PM-ITB0000043

Fresh Produce

Solicitation Designation: PUBLIC

Miami-Dade County

Table of Contents 1 ITB0000043_-_Solicitation_Document.pdf 3 Attachment_A_-_Product_Specifications.pdf 15 HUD_5370C_Secction_II_With_Maintenance_Work.pdf 18 HUD_Instructions_Form_HUD-5369-B.pdf 21 HUD-5370C-I_With_or_Without_Maintenance_Work.pdf 23

Rev. 9.3.26 - V. 26-2

MIAMI-DADE COUNTY, FLORIDA

INVITATION TO BID

(ITB)

Event Number: ITB0000043 Event Title: Fresh Produce

Solicitation Contact: Leslie Zambrana Procurement Contracting Officer Strategic Procurement Department Leslie.Zambrana@miamidade.gov

Solicitation Contact: Christopher Grant-Henriques Division Director II Strategic Procurement Department Christopher.Grant-Henriques@miamidade.gov

Document Page 3 of 29 mailto:Leslie.Zambrana@miamidade.gov mailto:Christopher.Grant-Henriques@miamidade.gov

Rev. 9.3.26 - V. 26-2

GENERAL TERMS AND CONDITIONS:

All Miami-Dade County’s general terms and conditions applicable to procurement contracts are posted online. Bidders that receive an award from Miami-Dade County through the competitive procurement process must anticipate the inclusion of these requirements in the resultant Contract. These general terms and conditions are considered non-negotiable and include important instructions and requirements that affect all Bids. By submitting a Bid for a Miami-Dade County solicitation, a Bidder attests to its understanding of these general terms and conditions.

General terms and conditions pertaining to this Solicitation and resultant Contract may be viewed online at the Strategic Procurement Department’s webpage by clicking on the below link:

general-terms-and-conditions-r26-2.pdf

NOTICE TO ALL BIDDERS:

Bids are to be submitted electronically through a secure mailbox via the Integrated Financial Resources Management System (INFORMS) (https://supplier.miamidade.gov) until the date and time indicated in the INFORMS Solicitation End Date published in INFORMS. It is the sole responsibility of the Bidder to ensure that its Bid is in INFORMS before the Solicitation deadline. There is no cost to the Bidder to submit a Bid for a Miami-Dade County Solicitation via INFORMS.

Electronic submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files.

For information concerning this Solicitation, use the question/answer feature provided within the Solicitation by INFORMS at https://supplier.miamidade.gov. Questions of a material nature must be received prior to the date and time of the INFORMS Solicitation Question & Answer End Date published in INFORMS. Material changes, if any, to the Solicitation will be made only by written addendum. (See Mandatory Online Forms and Addendum Acknowledgement section of INFORMS site).

Bidders must allow sufficient time to complete online forms and upload all Bid documents. All information and documents must be fully entered, uploaded, acknowledged (“Confirm”) and recorded into INFORMS before the date and time of the INFORMS Solicitation End Date, or the system will stop the process and the submission will be considered late and will not be accepted.

No part of a Bid can be submitted via hardcopy, email, or fax.

If you submit your bid and subsequently an Addendum is issued, failure to submit the bid again by clicking on the “Submit Bid” button, after acknowledging Addenda or editing your bid in INFORMS will result in your bid not being received by the County.

Suppliers/Vendors are encouraged to access the links below to assist with submission of responses to the Solicitation.

Recorded eSupplier Workshop Recorded eSupplier Workshop Password: q37%t+pG

Submit a Bid Job Aid https://www.miamidade.gov/technology/library/informs/job-aid/submit-a-bid.pdf

Document Page 4 of 29 https://www.miamidade.gov/resources/strategic-procurement/documents/general-terms-and-conditions-r26-2.pdf https://supplier.miamidade.gov/ https://supplier.miamidade.gov/ https://www.miamidade.gov/global/news-item.page?Mduid_news=news1652724628268780 https://www.miamidade.gov/technology/library/informs/job-aid/submit-a-bid.pdf

Rev. 4.22.24 v.24-1

SECTION 2

ADDITIONAL/SPECIAL TERMS AND CONDITIONS

2.1 PURPOSE

The purpose of this solicitation is to establish a contract for the purchase of fresh produce for multiple County departments, on an as needed basis.

2.2 TERM OF CONTRACT

This Contract shall commence on the first calendar day of the month succeeding approval of the Contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Purchase Order issued by the County. The Contract shall expire on the last day of the 60th month.

2.3 METHOD OF AWARD

Award of this Contract will be made to the lowest priced responsive, responsible Bidder per group. Bidders may Bid on any or all groups in the Solicitation. There are three Groups associated with this solicitation.

• Group 1: General Funded Purchases

• Group 2: Purchases for Zoo-Miami

• Group 3: Federally Funded Purchases

To be considered for award of a group, the Bidder shall offer a price for all items within the group. Items that will be provided to the County at no cost must show a zero (0) in the price line. The County will determine the Bidder for award of each group by totaling the extended pricing for all items within the group. If a Bidder fails to offer a price for all items within the group, its offer for the group may be deemed non-responsive.

2.4 BIDDER REQUIREMENTS

In addition to the requirements detailed in Section 1-General Terms and Conditions, Paragraph 1.2- Instructions to Bidders, the Bidder shall meet the following requirements to be considered for award:

1. Bidder or Bidder’s Subcontractor shall be regularly engaged in the business of providing fresh fruits and/or vegetables to be considered for award. Bidder or Bidder’s Subcontractor shall provide two (2) different reference letters from customers to whom the Bidder or Bidder’s Subcontractor has provided or is currently providing fruits and/or vegetables as described throughout this Solicitation. In lieu of the references from the Bidder or Bidder’s Subcontractor, the County will consider the references from Bidder’s key personnel in accordance with Resolution No. 1122-21.

The references should include the customer’s company name, and the contact person’s name, title, address, telephone number, and e-mail address, who can verify that the Bidder/key personnel/Subcontractor has successfully provided the goods (Section 4: Submittal Requirements).

These references shall ascertain to the County’s satisfaction that the Bidder/key personnel/Subcontractor has sufficient expertise in the industry and its firm is properly equipped to perform the required goods/services.

2. Bidder shall maintain a warehouse/distribution center located within the South Florida area, defined as Miami-Dade, Broward, Palm Beach, and Monroe Counties, to deliver fresh produce. This warehouse/distribution center shall be staffed by company representatives who can be contacted Monday through Sunday 7:00 AM to 5:00 PM.

To demonstrate compliance with this requirement, the Awarded Bidder shall provide a copy of their local business tax receipt, attest to the facility’s equipment, and agree to the County’s inspection of the facility should the County deem it necessary.

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3. Bidder shall designate at least one company representative who is knowledgeable in the goods being solicited, who shall have full authority to act on behalf of the Bidder on all matters related to a resulting Contract, and who shall be available to the County twenty-four (24) hours per day, seven (7) days per week to address and expedite matters relating to a resulting Contract.

To demonstrate compliance with this requirement, the Bidder shall attest to the representative’s knowledge, authority, and availability by providing the representative’s name, title, telephone number and email address.

4. Bidder shall provide a copy of their most recent satisfactory sanitation inspection from the Florida Department of Agriculture or Florida Department of Health. Private company inspections shall not be accepted.

5. Bidder shall maintain and provide all of the licenses required for dealers of Fresh Produce and Citrus

Fruits in the State of Florida and United States as listed below. A copy of each license shall be submitted as proof of compliance.

a. U.S.C.499A-499s - Perishable Agricultural Commodities License

b. F.S.604.15-3064.34 - License Dealer in Agriculture

c. F.S.601.55(1) - Citrus Fruit Dealer License

d. F.S.500.12. – Annual Food Permit

The Bidder shall provide all the information, documents and/or attachments listed above to be considered for award. All information, documents, and/or attachments listed above are due with the Bid by the solicitation’s end time and date. The County may, at its sole discretion and in its best interest, allow the Bidder to complete, supplement or supply the required information, documents and/or attachments during the bid evaluation period. Failure to provide all the required information, documents and/or attachments with the Bid or, if allowed, as requested by the County during the Bid evaluation period, may result in the Bidder being declared non-responsive or non-responsible.

During the bid evaluation period, the County’s Strategic Procurement Department will review the information, documents and/or attachments submitted by the Bidder, may request additional information from the Bidder, and/or obtain additional information from available sources, to completely evaluate the Bidder’s submittal and ascertain that the Bidder meets the stipulated requirements and determine the Bidder’s ability to perform under a resulting Contract. The County shall be sole judge of a Bidder’s compliance with requirements and the Bidder’s ability to perform under a resulting Contract. Failure to meet the stipulated requirements or to demonstrate ability to perform under a resulting Contract, as determined by the County, may result in the Bidder being declared non-responsible.

During a resulting Contract, the Bidder has an obligation to advise the County of any changes, intended or otherwise, to the evidence given in compliance with the requirements in this Solicitation.

2.5 PRICING

The Bidders’ price(s) shall be inclusive of all costs, delivery, charges, and fees. Additional charges of any kind will not be accepted.

Due to the nature of fresh produce and potential fluctuations in market conditions, the County may review contract pricing at any time during the contract term to determine whether the awarded prices remain consistent with current market conditions. If market conditions indicate a material change in the cost of a produce item, whether upward or downward, the Awarded Bidder(s) may submit a written request for a price

Document Page 6 of 29 adjustment to the County. Any requested price adjustment shall be supported by sufficient documentation demonstrating the change in market conditions and the basis for the requested adjustment. The County may consider relevant market information, including, but not limited to, applicable United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) Market News reports, commodity market data, and other reliable and relevant market information applicable to the specific produce item, when evaluating whether a price adjustment is warranted.

The County may approve, reject, or negotiate any proposed price adjustment in its best interest. This negotiation is a County prerogative and not a right of the Awarded Bidder(s).

Any price adjustments authorized by the County shall be formalized by a Contract Modification, originated, and published by the Strategic Procurement Department. Under no circumstances should an Awarded Bidder invoice the County a price that is higher than the price authorized through the contract award or an approved Contract Modification.

2.6 METHOD OF PAYMENT

The County will pay the Awarded Bidder(s) for completed deliveries, in accordance with Section 1-General

Terms and Conditions, Paragraph 1.2(H)-Prompt Payment Terms. The Awarded Bidder shall submit invoices in accordance with the Purchase Order and Section 1-General Terms and Conditions, Paragraph 1.36- Invoices.

2.7 DELIVERY

The Awarded Bidder(s) shall make deliveries in accordance with the Purchase Orders provided by the County departments. All deliveries shall be made in accordance with good commercial practice and within the required delivery time frames, except in such cases caused by Force Majeure. In cases where a delivery will be delayed, the Awarded Bidder(s) must notify the County of the delay prior to the original scheduled delivery so that a revised delivery date can be scheduled or other accommodations can be made.

Some County employees will be authorized to pick-up goods under any Contract resulting from this Solicitation. The Awarded Bidder shall require all County employees picking-up goods to show their County identification and written authorization and shall enclose a copy of the written authorization associated with each pick-up with each corresponding invoice. If the Awarded Bidder is in doubt about any aspect of the pick-up, the Awarded Bidder shall contact the appropriate County department to confirm the authorization prior to handing out the goods.

2.8 LATE DELIVERIES

The County shall not allow any late deliveries attributed to product back-order situations or any other issues, under any Contract resulting from this Solicitation. The Awarded Bidder is required to deliver all items to the County within the specified time frame and no grace period shall be honored, unless written authorization is issued by the County, and a new delivery time frame is mutually established.

Should an Awarded Bidder fail to deliver the required good and/or services within the time frame stated in the Contract, or by an authorized revised delivery time frame as stated above, the County may obtain the product outside the contract and/or terminate its Contract with the Awarded Bidder, in accordance with Section 1- General Terms and Conditions, Paragraph 1.26-Termination for Default.

2.9 INSPECTION AND ACCEPTANCE OF PRODUCTS

The goods to be provided hereunder shall be delivered to the County and maintained in full compliance with the specifications and requirements set forth in this Contract. Inspection of products shall be conducted within 24 hours of delivery. If products provided are determined to not meet the specifications and/or requirements of this contract, prior to acceptance or upon initial inspection, the products will be returned, at the Awarded

Document Page 7 of 29

Bidder’s expense. At its discretion, the County may allow the Awarded Bidder(s) to provide a direct replacement or provide a full credit for the unacceptable/returned products. The Awarded Bidder(s) shall not assess any additional charge(s) for any conforming action taken by the County under this clause.

2.10 SMALL BUSINESS ENTERPRISE (SBE) MEASURES

In accordance with Section 1-General Terms and Conditions, Paragraph 1.45-Small Business Enterprise

(SBE) Measures, the following SBE Measures apply to this solicitation:

Group 1: General Funded Purchases Group 2: Purchases for Zoo-Miami

A Small Business Enterprise Bid Preference for Small Business Enterprises certified by the Miami-Dade County Office of Small Business Development (SBD) applies to these Groups; a Bid Preference of ten percent (10%) shall apply for SBE-Tier 1 and SBE-Tier 2 firms, and a Bid Preference of five percent (5%) shall apply for SBE-Tier 3 and SBE-Tier 4 firms. The preference accorded on contracts greater than $1 million shall be five percent (5%) of the price bid for all tiers. The Bid Preference shall be used only to evaluate a Bid and shall not affect the Contract price.

Group 3: Federally Funded Purchases Miami-Dade County’s Small Business Enterprise (SBE) Measures shall not apply to Group 3.

2.11 HCD USHUD GENERAL TERMS AND CONDITIONS (GROUP 3)

The Awarded Bidder shall comply with the following federal requirements:

a) HUD Instructions to Offerors Non-Construction (Form HUD-5369-B) This provision is designed to provide information to prospective contractors about the solicitation stage of the procurement process. Terms and conditions which apply to the contract upon award are referred to as contract clauses. Form HUD-5369-B contains provisions to be included in all solicitations for non-construction work.

b) General Conditions for Non-Construction Contracts Section I – (With or without Maintenance Work) (Form HUD-5370-C)

This form is applicable to any contract agreement entered into between Miami-Dade County, as represented by HCD, and the successful offeror(s). Form HUD-5370-C includes clauses required by 2 CFR Part 200 necessary for non-construction contracts.

c) General Conditions for Non-Construction Contracts Section II – (With Maintenance Work) (Form

HUD-5370-C)

This form is applicable to any contract agreement entered into between Miami-Dade County, as represented by HCD, and the successful offeror(s). Form HUD-5370-C includes clauses required by 2 CFR Part 200 necessary for non-construction contracts.

2.12 INSURANCE REQUIREMENTS

The requirements specified in Section 1-General Terms and Conditions, Paragraph 1.22-Insurance

Requirements, are amended as follows:

The Awarded Bidder shall furnish to the Vendor Outreach & Support Services Section, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below:

Document Page 8 of 29

A. Worker’s Compensation Insurance for all employees of the Contractor as required by Florida Statute 440.

B. Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence, and

$2,000,000 in the aggregate, not to exclude coverage for Products and Completed Operations.

Miami-Dade County must be shown as an additional insured with respect to this coverage.

C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage.

2.13 PURCHASE OF ADDITIONAL ITEMS

During the term of the Contract, the County may require additional items like those listed in this Solicitation.

Under these circumstances, a County representative may obtain a price quote from the Awarded Bidder. The County reserves the right to award the additional item(s) to an Awarded Bidder based on the price quoted, to negotiate a price with an Awarded Bidder for the additional item, or to acquire the additional item through a separate Solicitation.

All additional items authorized by the County shall be formalized by a Contract Modification, originated, and published by the Miami-Dade County Strategic Procurement Department.

2.14 ADDITIONAL DELIVERY LOCATIONS

During the term of the Contract the County may require the delivery of fresh produce to additional sites within Miami-Dade County boundaries. Under these circumstances, a County representative will contact the Awarded Bidder(s) to provide the information on the additional sites. The County reserves the right to add any sites to this Contract at any time at the current contracted prices. During the term of the Contract, the County may also need to discontinue the delivery of fresh produce in some sites. Under both circumstances, a County representative will notify the Awarded Bidder at least fourteen (14) calendar days prior to the addition or deletion of any sites.

All additions or deletions of sites authorized by the County shall be formalized by a Contract Modification, originated, and published by the Miami-Dade County Strategic Procurement Department. Under no circumstances should an Awarded Bidder commence deliveries to a new site under Contract, without an executed Contract Modification.

Document Page 9 of 29

SECTION 3

SCOPE OF WORK/TECHNICAL SPECIFICATIONS

3.1 SCOPE OF WORK

The purpose of this solicitation is for the provision and delivery of fresh produce. The Awarded Bidder(s) shall be responsible for furnishing and delivering fresh produce items, on an as needed-basis, for multiple County departments. The Awarded Bidder(s) shall also be responsible for exchanging, replacing, and/or collecting any items which are damaged, destroyed, or inedible/spoiled at no cost to the County.

3.2 PRODUCTS TO BE PROVIDED

Item descriptions and recommended pack sizes for all products to be provided under this Contract can be found in Attachment A – Product Specification.

Unless otherwise specifically stated, the Awarded Bidder(s) shall provide fresh stock, and shall ensure that items with a limited shelf life are inspected and certified fresh prior to shipment to the County. All fresh fruits and vegetables must be at the appropriate stage of ripeness and ready for preparation for consumption per the USDA Food Buying Guide.

All produce must be delivered fresh, sanitary and in temperature-controlled condition. Whole produce must be U.S. Fancy or U.S. No. 1 grade quality unless otherwise specified. Value added (ready to eat, packaged) products must have the maximum best used by date available. Delivery of products whose “best used by” dates are of less than 5 days are not acceptable unless preapproved by the County.

3.3 RECALLED PRODUCE

The Awarded Bidder(s) are expected to comply with all federal, state, and local laws and regulations for any recalled produce delivered to the County. The Awarded Bidder(s) shall have a process in place to effectively respond to a food recall which should include the following objectives:

a. Ensure that unsafe products are removed from the County sites in an expedient, effective and efficient manner;

b. Streamline the process for reimbursement or replacement for any recalled product that is removed from County locations. Replaced produce must meet the specifications of the original delivery and must be of equal or greater value.

The Awarded Bidder(s) must notify the County or its designee of all recalled produce within 24 hours of their knowledge that the produce has been recalled. The Awarded Bidder(s) shall be responsible for pick-up, disposal, and replacement of all produce that is subject to recall. The Awarded Bidder(s) shall be responsible for all costs and expenses incurred in connection to the recall and replacement of produce.

3.4 PACKAGING AND SIZE SPECIFICATIONS

The Awarded Bidder(s) shall provide fresh produce packaged as indicated in Attachment A - Product Specifications. The weight and/or size of the products shall adhere to the guidelines provided by the United States Department of Agriculture, where applicable.

3.5 ECO-FRIENDLY PRODUCTS AND PACKAGING

By entering into this contract, to the greatest extent possible, the Awarded Bidder(s) are precluded from distributing single-use plastics and polystyrene items or containers. Where available, the Awarded Bidder(s) should provide products whose packaging is recyclable or compostable, providing environmentally safe recycle and reuse options.

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3.6 LOCAL PRODUCTS

Resolution R-422-15 established a preference for the purchase of goods produced or manufactured in geographical Miami-Dade County (“Local Product”), including local agricultural products.

The Awarded Bidder(s) are encouraged to source Local Products from manufacturers, producers, and growers located in Miami-Dade County, when such products are available and meet the specifications and requirements of the Contract. The Awarded Bidder(s) shall make efforts to secure Local Products manufactured or produced in Miami-Dade County in the fulfillment of orders. At the time of delivery, the item(s) must have packaging label(s) identifying that the origin of the produce was located within the geographical boundaries of Miami-Dade County.

The following are products that are locally grown in Miami-Dade County and the period of time they are available:

Product Description Months Produced in Miami- Dade County

Green Beans October – April Corn on the Cob October – April US#1 Yellow Cooking Onions November – April Plantains January – December Yellow or Zucchini Squash October – April Strawberries December – April Tomatoes 5/6 June – April Tomatoes 6/7 June – April

3.7 PROHIBITION ON GLYPHOSATE

Pursuant to Resolution R-621-19, the Awarded Bidder(s) are prohibited from providing any products that have been treated with Glyphosate.

3.8 KRATOM CONSUMER PROTECTION ACT

Pursuant to the Kratom Consumer Protection Act, §500.92, Florida Statutes, the Awarded Bidder agrees that no kratom product, which is defined as a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant will be provided or served under the Contract. A violation of this requirement by the Awarded Bidder is punishable as provided by law.

3.9 RESTRICTION ON SYNTHETIC FOOD ADDITIVES

Pursuant to Resolution R-1180-25, the Awarded Bidder(s) shall make every effort to avoid supplying any products under this contract that contain synthetic food additives.

3.10 DELIVERY LOCATIONS

The Awarded Bidder(s) shall deliver fresh produce items to the following County facilities, as further defined in the Purchase Order, during the days and times prescribed below:

Miami-Dade Community Services Department (CSD) Delivery dates, locations and times will be detailed on each Purchase Order.

Document Page 11 of 29 http://laws.flrules.org/2023/182

Miami-Dade Housing and Community Development (HCD) Deliveries for HCD shall be made on Monday from 6:30 AM to 10:30 AM. The Awarded Bidder(s) may be required to make deliveries outside of the stated delivery day, time and location to fulfill PHCD’s needs.

• 1150 NW 11th Street Road

Miami, FL 33136

Miami-Dade Parks, Recreation and Open Spaces (PROS) Deliveries for PROS shall be made on Tuesday and Friday from 6:00 AM to 11:00 AM.

Awarded Bidder(s) may be required to make deliveries outside of the stated delivery day, time and location to fulfill PROS’ needs.

• Zoo Miami

Attn: Building A 1 Zoo Boulevard 12400 SW 152 Street Miami, FL 33177

3.10 PACKING AND DELIVERY SLIPS

The Awarded Bidder(s) shall enclose a complete packing slip or delivery ticket with any items delivered. The packing slip or delivery ticket shall be attached to the carton(s) which contain the items and shall be made available to the County's authorized representative during delivery. The packing slip/delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back-order quantities and estimated delivery of back-orders, if applicable.

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SECTION 4

SUBMITTAL REQUIREMENTS

4.1 BIDDER REQUIREMENTS

TO BE COMPLETED BY ALL BIDDERS

Refer to Paragraph 2.4 to ensure that Bidder’s responses and attachments comply with the Solicitation's requirements.

Paragraph Reference Bidder Requirements (all groups)

Bidder or Bidder’s Subcontractor shall be regularly engaged in the business of providing fresh fruits and/or vegetables to be considered for award. Bidder or Bidder’s Subcontractor shall provide two (2) different reference letters from customers to whom the Bidder or Bidder’s Subcontractor has provided or is currently providing fruits and/or vegetables as described throughout this Solicitation. In lieu of the references from the Bidder or Bidder’s Subcontractor, the County will consider the references from Bidder’s key personnel in accordance with Resolution No. 1122-21.

The references should include the customer’s company name, and the contact person’s name, title, address, telephone number, and e-mail address, who can verify that the Bidder/key personnel/Subcontractor has successfully provided the goods (Section 4: Submittal Requirements).

These references shall ascertain to the County’s satisfaction that the Bidder/key personnel/Subcontractor has sufficient expertise in the industry and its firm is properly equipped to perform the required goods/services.

Bidder shall maintain a warehouse/distribution center located within the South Florida area, defined as Miami-Dade, Broward, Palm Beach, and Monroe Counties, to deliver fresh produce. This warehouse/distribution center shall be staffed by company representatives who can be contacted Monday through Sunday 7:00 AM to 5:00 PM.

To demonstrate compliance with this requirement, the Awarded Bidder shall provide a copy of their local business tax receipt, attest to the facility’s equipment, and agree to the County’s inspection of the facility should the County deem it necessary.

Bidder shall designate at least one company representative who is knowledgeable in the goods being solicited, who shall have full authority to act on behalf of the Bidder on all matters related to a resulting Contract, and who shall be available to the County twenty-four (24) hours per day, seven (7) days per week to address and expedite matters relating to a resulting Contract.

To demonstrate compliance with this requirement, the Bidder shall attest to the representative’s knowledge, authority and availability and provide the representative’s name, title, telephone number and email address.

Name of Bidder’s Authorized Representative: _________________________________________ Title of Bidder’s Authorized Representative: _________________________________________ Phone Number: _________________________________________ E-mail address: __________________________________________

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Bidder shall provide a copy of their most recent satisfactory sanitation inspection from the Florida Department of Agriculture or Florida Department of Health. Private company inspections shall not be accepted.

Bidder shall maintain and provide all of the licenses required for dealers of Fresh Produce and Citrus Fruits in the State of Florida and United States as listed below. A copy of each license shall be submitted as proof of compliance.

a. U.S.C.499A-499s - Perishable Agricultural Commodities License

b. F.S.604.15-3064.34 - License Dealer in Agriculture

c. F.S.601.55(1) - Citrus Fruit Dealer License

d. F.S.500.12. – Annual Food Permit

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ITB0000043 – Fresh Produce Attachment A – Product Specifications

GROUPS 1 AND 2

PRODUCT SPECIFICATIONS

Description

Unit of Measurement

(UOM)

Recommended

Pack Size

APPLES, US#1 RED DELICIOUS Case 72 - 125 Count (CT.)

AVOCADO, HASS Case 60 Count (CT.)

BANANAS Case 40 Pounds (LBS.)

BANANAS (Stage 5, Yellow with Green Tips) Case 40 Pounds (LBS.)

BEANS, GREEN Bag 5 Pounds (LBS.)

BROCCOLI Case 18 Pounds (LBS.)

CABBAGE, GREEN Case 45-50 Pounds (LBS.)

CANTALOUPE Case 9-12 Count (ct.)

CARROTS Case 50 Pounds (LBS.)

CARROTS, JUMBO Bag 50 Pounds (lbs.)

COLLARD, GREENS Case 24 Count (ct.)

CORN ON THE COB Case 48 Count (CT.)

CUCUMBERS Case 50 Pounds (lbs.)

GRAPES, RED SEEDLESS Case 18 Pounds (LBS.)

KALE, GREENS Case 24 Count (ct.)

LEMONS Case 12 Pounds (LBS.)

LETTUCE, ROMAINE Case 24 Count (CT.)

LIMES Case 54 Count (CT.)

ONIONS, US#1 YELLOW COOKING Case 50 Pounds (LBS.)

ORANGES, US#1 SMALL Case 125 Count (CT.)

ORANGES, FANCY Case 88 Count (ct.)

PAPAYA, MARADOL Case 35 Pounds (lbs.)

PEACHES Case 44 - 56 Count (CT.)

PEARS Case 120 Count (CT.)

PEAR, D'ANJOU OR BARLETT Case 40 Pounds (lbs.)

PEPPERS, GREEN Case 20 Pounds (LBS.)

PEPPERS, RED Case 20 Pounds (LBS.)

PINEAPPLES Case 5 - 9 Count (CT.)

PLAINTAINS Case 50 Pounds (LBS.)

PLUM Case 30 – 45 Count (CT.)

POTATOES, SWEET JUMBO Case 40 Pounds (LBS.)

POTATOES, US #1 WHITE Case 100 Count (CT.)

SQUASH, YELLOW OR ZUCHINNI Case 15 Pounds (LBS.)

SWEET POTATO, JUMBO Case 40 Pounds (lbs.)

TANGERINES Case 30 - 40 Pounds (LBS.)

TOMATOES 5/6 Case 18 - 25 Pounds (LBS.)

TOMATOES 6/7 Case 18 - 25 Pounds (LBS.)

WATERMELON Each 15 - 18 Pounds (LBS.)

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GROUP 3 (FEDERAL FUNDS)

PRODUCT SPECIFICATIONS

Description

Unit of Measurement (UOM) Recommended Pack Size

APPLES, RED, SLICED Case 40 Pounds (LBS.)

AVOCADO, FLORIDA Case 60 Count (CT.)

AVOCADO, HASS Case 60 Count (CT.)

BANANAS, GREEN TIP, STAGE 3.5 Case 40 Pounds (LB.)

BASIL, FRESH Each 1 Pound (LB.) Bunch BEAN SPROUTS Case 5 Pounds (LB.)

CABBAGE, SHREDDED SLAW MIX Case 4 Counts (CT.) / 5 LBS per Bag CARROTS, BABY PEELED Case 30 Pounds (LBS.)

CARROTS, JUMBO Case 50 Pounds (LBS.)

CELERY, HEADS Each Each (EA.)

CILANTRO, FRESH Each 1 Pound (LB.) Bunch CORN ON THE COBB Case 48 Count (CT.)

CUCUMBERS, EUROPEAN Case 12 Counts (CT.)

GARLIC, FRESH, PEELED Jar 5 Pound Jar (LBS.)

LETTUCE, CALIFORNIA ICEBERG, LINER Case 24 Count (CT.)

LETTUCE, CHOP WITH BAGS Case 4 Count (CT.)

LETTUCE, ICEBERG/WRAPPED JUMBO Case 24 - 30 Count (CT.)

LETTUCE, ROMAINE HEARTS Case 12/3 Count (CT.)

LETTUCE, ROMAINE, CHOPPED Bag 2 Pounds (LBS.)

LIMES Bag 12 Counts (CT.)

MINT, FRESH Each 1 Pound (LB.) Bunch MUSHROOMS, FRESH Case 5 Pounds (LBS.)

ONIONS, JUMBO, YELLOW Bag 50 Pounds (LBS.)

ONIONS, MEDIUM, RED Bag 25 Pounds (LBS.)

ONIONS, SCALLION, GREEN Case 4 X 12 Bunch ORANGES, US#1 SMALL Case 40 - 50 (LBS.)

PARSLEY, CURLY Each 1 Pound (LB.) Bunch PEPPERS, GREEN Case 25 Pounds (LBS.)

PEPPERS, LARGE BELL, RED Case 25 Pounds (LBS.)

PLANTAINS, GREEN Each Each (EA.)

PLANTAINS, YELLOW Each Each (EA.)

POTATOES, IDAHO Case 100 Counts (CT.)

POTATOES, RED Case 50 Pounds (LB.)

POTATOES, SWEET (BONIATO DULCE) Case 40 Pounds (LB.)

ROSEMARY, FRESH Each 1 Pound (LB.) Bunch

SHREDDED CARROTS Bag 5 Pounds (LBS.)

SHREDDED RED CABBAGE Bag 5 Pounds (LBS.)

SPINACH Case 4 Count, 2.5 Pounds (CT.)

SPINACH BABY Case 4 Count, 2.5 Pounds (CT.)

SQUASH, BUTTERNUT Case 1-1/9Bushel SQUASH, YELLOW Case 20 Pounds (LB.)

TOMATOES - 5x6, BULK PINK Case 25 Pounds (LB.)

TOMATOES, ROMA Case 25 Pounds (LB.)

WATERMELON, SEEDLESS, RED Each Each (EA.)

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ZUCCHINI Case 20 Pounds (LB.)

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General Conditions for Non-Construction U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2027)

Contracts Section II – (With Maintenance Work)

Public Reporting Burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB number. This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 2 CFR 200, and those requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing and Community Development Act of 1992, implemented by HUD at 24 CFR Part 75. The form is required for maintenance contracts awarded by Public Housing Agencies (PHAs). The form is used by PHAs in solicitations to provide necessary contract clauses and allows PHAs to enforce their contracts. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to the Reports Management Officer, Office of Policy Development and Research, REE, Department of Housing and Urban Development, 451 7th St SW, Room 4176, Washington, DC 20410-5000. When providing comments, please refer to OMB Approval No. 2577-0157. Do not send this completed form to either of these addressees. The information collected will not be held confidential.

Applicability. This form HUD-5370C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

in the classification under this Contract from the first day on which work is performed in the classification.

2. Withholding of funds

1) Non-construction contracts (without maintenance) greater than $250,000 - use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.200) greater than $2,000 but not more than $250,000 - use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $250,000 – use Sections I and II.

The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due.

Section II – Labor Standard Provisions for all Maintenance Contracts greater than $2,000

1. Minimum Wages

(a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily

3. Records

(a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic:

(i) Name, address and Social Security Number;

(ii) Correct work classification or classifications;

(iii) Hourly rate or rates of monetary wages paid;

(iv) Rate or rates of any fringe benefits provided;

(v) Number of daily and weekly hours worked;

(vi) Gross wages earned;

(vii) Any deductions made; and

(viii) Actual wages paid.

seen by the workers.

(b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds.

(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met:

(1) The work to be performed by the classification required is not performed by a classification in the

4. Apprentices and Traineeswage determination;

(2) The classification is utilized in the area by the industry; and (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in:

(i)

(3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination.

A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of

(ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work

Section II - Page 1 of 3 form HUD-5370-C (1/2014)

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Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice; A trainee program which has received prior approval, evidenced by formal certification by the

(ii) forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD). The HA or HUD official shall, within 60 days (unless otherwise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation.

The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The Regional Labor Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional Labor Relations Officer’s decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be

(ii)

U.S. Department of Labor, ETA; or

(iii) A training/trainee program that has received prior approval by HUD.

(b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice’s/trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable (iii) classification.

(c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program.

(d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. final.

(e) In the event OATELS, a state apprenticeship agency (b) Disputes arising out of the labor standards provisions of recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives. 5. Disputes concerning labor standards

(a) Disputes arising out of the labor standards provisions 6. Contract Work Hours and Safety Standards Act contained in Section II of this form HUD-5370-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD’s own motion, upon referral of the HA, or upon request of the Contractor or

The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” includes watchmen and guards.

(a) Overtime requirements. No Contractor or subcontractor subcontractor(s).

contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of

(i) A Contractor and/or subcontractor or other interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set

40 hours in such workweek.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any

Section II - Page 2 of 3 form HUD-5370-C (1/2014)

Document Page 19 of 29 subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause.

(c) Withholding for unpaid wages and liquidated damages.

HUD or its designee shall upon its own action or upon written request of an authorized representative of the U.S.

Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause.

7. Subcontracts

The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses.

8. Non-Federal Prevailing Wage Rates

Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position.

Section II - Page 3 of 3 form HUD-5370-C (1/2014)

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Section I - Page 1 of 7 form HUD-5370-C (01/2014)

General…