24300167 FOOD SERVICE-ICE CREAM FROZEN TREATS-IFB.pdf

INVITATION FOR BID

CITY OF NEW BEDFORD, MASSACHUSETTS

NEW BEDFORD PUBLIC SCHOOLS

PURCHASE & DELIVERY OF ICE CREAM/FROZEN TREATS

IFB #24300167

Bids Due: Thursday, June 20, 2024 at 1:30 p.m.

Jonathan F. Mitchell New Bedford Public Schools Mayor 455 County St.

New Bedford, MA 02740

CITY OF NEW BEDFORD

MASSACHUSETTS

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INVITATION FOR BID

Purchase and Delivery of Ice Cream/Frozen Treats

IFB #24300167

The City of New Bedford Purchasing Department, in conjunction with the New Bedford Public Schools Food Service Department, is seeking bids from qualified respondents to provide and deliver ice cream/frozen treats for the City of New Bedford Public School Food Services, which provides 14,000 students access to both breakfast and lunch over the school year.

Sealed bids will be received by the Purchasing Department until Thursday, June 20, 2024 at 1:30 p.m. EST. All bids must be submitted via electronic submission on the City of New Bedford Solicitation webpage on Bidnet Direct- https://www.bidnetdirect.com/massachusetts/newbedford to until the above time and date. Immediately following the deadline for bids, all bids received within the time specified will be publicly opened and read aloud. Bidders can participate in the bid opening at Purchasing’s office and the opening will also be live streamed via Zoom audio. Zoom instructions for participants are posted on the City’s website under the Purchasing page. We recommend bidders email purchasing@newbedford-ma.gov to confirm they have submitted a bid through Bidnet Direct. Bids received after the above time and date will be rejected and hard copy submissions returned unopened. Emailed and/or faxed bids will not be accepted.

Specifications and bid forms may be obtained beginning on Friday, May 31, 2024 by visiting the City of New Bedford webpage, https://www.bidnetdirect.com/massachusetts/newbedford, or by emailing purchasing@newbedford-ma.gov.

The City of New Bedford reserves the right to waive any informality in, or to reject, any or all bids, if it deems such waiver or rejection to be in the best interest of the City.

Awarding Authority City of New Bedford Molly Gilfeather Rodriguez, Director of Purchasing https://www.bidnetdirect.com/massachusetts/newbedford mailto:purchasing@newbedford-ma.gov https://www.bidnetdirect.com/massachusetts/newbedford mailto:purchasing@newbedford-ma.gov

PURCHASE & DELIVERY OF ICE CREAM/FROZEN TREATS

FOR THE

NEW BEDFORD PUBLIC SCHOOLS AND CITY OF NEW BEDFORD

NEW BEDFORD, MASSACHUSETTS

Invitation for Bid (IFB)

I. BID CONDITIONS

1. BIDS

Sealed bids herein specified as PURCHASE & DELIVERY OF ICE CREAM/FROZEN TREATS for the City of New Bedford and the New Bedford Public Schools (City), New Bedford, MA will be received by the City of New Bedford's Purchasing Department via electronic submission on https://www.bidnetdirect.com/massachusetts/newbedford on or before Thursday, June 20, 2024 at 1:30 p.m., at which time quotes will be opened and read.

2. SUBMITTAL

Bids will be received by the Purchasing Department until Thursday June 20, 2024 at 1:30 p.m. EST. All bids must be submitted via electronic submission on https://www.bidnetdirect.com/massachusetts/newbedford until the above time and date. We recommend bidders email purchasing@newbedford-ma.gov to confirm they have submitted a bid through Bidnet Direct. A Vendor may correct, modify, or withdraw a bid received electronically by Purchasing Department prior to the time and date set for the bid opening. After bid opening, a Vendor may not change the price or any other provision of the bid in a manner prejudicial to the interests of the governmental body or fair competition. The procurement officer shall waive minor informalities or allow the Vendor to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the procurement officer shall correct the mistake to reflect the intended correct bid and so notify the Vendor in writing.

A Vendor may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

3. TIME

All bids received after the time stated in the Notice to Bidders will be rejected. Hard copy submissions will be returned to the Vendor unopened.

4. REGULAR BID

All information required by the Notice to Bidder, Specifications and Bid Offer in connection with each item against which a bid is submitted must be provided to constitute a regular bid. No alteration, erasure or addition is to be made in the typewritten or printed matter. The submission of a bid will be construed to mean that the Vendor is fully informed as to the extent and character of the service required and is representation that the Vendor can furnish the manpower and equipment necessary to properly render the desired service.

5. TYPEWRITTEN

Prices and information required, with the exception of the signature of Vendor, should be typewritten for legibility.

Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed or typewritten signatures are not acceptable. All bid prices must be presented so that the total cost to the New Bedford Public Schools is clearly understandable.

https://www.bidnetdirect.com/massachusetts/newbedford mailto:purchasing@newbedford-ma.gov

6. IFB QUESTIONS & ADDENDUM

Questions concerning this Specification must be submitted online by visiting https://www.bidnetdirect.com/massachusetts/newbedford. Once logged in and viewing the bid notice online, use the “Ask a Question” button at the top of the page. If assistance is needed, please contact BidNet’s Vendor Support Department at 800-835-4603, Option 2. Questions are due by Friday, June 14, 2024 at 5:00 p.m. City responses issued as addenda will be emailed to all Vendors on record as having pulled IFB documents via Bidnet Direct. Failure of any Vendor to receive any such addendum or interpretation shall not relieve any Vendor from any obligation under this bid as submitted.

7. AWARDS

The contract will be awarded to the responsible and responsive Vendor offering the lowest total price for supplies and services meeting the specifications within this IFB. It is understood that the City may use all means at their disposal to evaluate the bids received on these criteria, and the final decision as to the best overall offer, both as to price and to suitability of the products and/or services offered to fit the needs of the City. No contract will be accepted from, or contract awarded to any person, firm, or corporation that is in arrears or is in default to any Massachusetts municipality or had failed previously to perform faithfully any previous contract with a municipality.

8. REJECT BIDS

The City of New Bedford reserves the right to reject all bids. Also reserved is the right to reject for cause any bid in whole or in part; to waive technical defects, qualifications, irregularities; and omissions if in its judgment, the best interest of the City will be served.

9. CONTRACT

The Bid Requirements, Attachments and Addenda (as applicable) shall form a part of this contract, and the provisions thereof shall be binding upon the parties thereto. The term "Contract Documents" shall include all of the aforesaid, together with the contract itself.

10. BIDDING REQUIREMENTS

The Successful Bidder must meet all specifications. Any bid which does not meet these requirements, is nonresponsive, incomplete, conditional, or obscure and will be rejected. Any bid which contains additions not called for, or irregularities of any kind, is non-responsive and will be rejected.

It is absolutely imperative that bidders must bid as the exact business which they wish to perform the contract as, and that all submitted documents including the bid form, vote of corporation, W-9, certificate of insurance, and any other supporting documentation list the business name in the exact same way. Further, the business name must match the listing in the Secretary of the Commonwealth of Massachusetts’ Corporate Database. If documentation is submitted with multiple, inconsistent business names (even if the businesses are owned by the same bidder), this may be grounds for rejection of the bid.

11. SPECIFICATION INTENT

It is the intention of this Specification to establish and define those goods that are to be provided and to determine the capability and experience of the vendors desiring to provide such goods. The intent is to secure a vendor to supply all goods requested at the lowest price.

12. TAXES

No charge will be allowed for federal, state, or municipal sales and excise taxes since the City is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax.

13. SIGNED BID

A bid must be signed as follows: (1) if the vendor is an individual, by her/him personally; (2) if the vendor is a partnership, by the name of the partnership, followed by the signature of each general partner; and (3) if the vendor is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. If the bid is being submitted by an entity other than an individual, partnership or corporation, the bid must include written evidence of the vendor’s authority from the entity to submit the bid in the form of legally binding documentation.

14. NO GUARANTEE OF PURCHASE

The City makes no guarantee that any purchase will take place from any contract resulting from this Invitation for Bid, nor does the City guarantee any minimum quantity of purchase from any contract resulting from this Invitation for Bid. The City may increase or decrease the quantities without change in price per unit of quantity, as purchases will be made to cover actual needs only.

15. SPECIAL REQUIREMENT

The City requires all corporate bidders soliciting business with the City which are not Massachusetts Corporations to be registered as a Foreign Corporation in the Commonwealth of Massachusetts. Therefore, “out of state businesses”, in accordance with M.G.L. c. 156D, § 15.01, must register as a foreign corporation doing business in Massachusetts and appoint a Resident Agent for service of process within the Commonwealth of Massachusetts.

The necessary forms may be downloaded from the state web site www.state.ma.us/sec.

http://www.state.ma.us/sec

II. BID REQUIREMENTS

1. GENERAL DESCRIPTION

Vendors are invited to submit bids for furnishing and delivery of ice cream/ frozen treats for school food service, servicing the K-12 student population. This solicitation is seeking firm pricing on ice cream and frozen treats for a one-year term to begin July 1, 2024, with two, one year options to renew. Each renewal option will allow for price increases to be submitted three (3) months in advance of the renewal term. Each Vendor must furnish the following with its bid and failure to comply with these requirements will result in disqualification of the vendor:

2. INSURANCE CERTIFICATES

Consultant shall maintain liability insurance as such that will protect it from claims under Workmen’s Compensation Acts, and from other claims for damages for personal injury, including death, property damage and automobile liability, which may arise from operations under this contract. Consultant agrees to hold the City of New Bedford and its employees, agents and officials harmless from loss or damage due to claims for personal injury and/or property damage arising from or in connection with operations under this contract. A copy of said liability insurance which is in effect and enforceable shall be provided and include the City of New Bedford as an additional insured, on a primary and non-contributory basis, on all liability policies for the length of this agreement. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the contract and shall operate as an immediate termination thereof.

All policies shall be so written that the City of New Bedford will be notified of the cancellation or restrictive amendment at least thirty (30) days prior to the effective date of such cancellation or amendment.

Certificates evidencing such insurance shall be furnished to the City of New Bedford at the execution of this contract and each anniversary date thereafter.

Consultant shall carry the following insurance, with the City clearly designated as additional insured, during the term of this Agreement. At the execution of the Agreement, Consultant shall provide proof of the following coverage:

a. Workers Compensation and Employer’s Liability Insurance in compliance with statutory limits;

b. Liability Insurance with $1,000,000 General Liability Coverage

c. $2,000,000 General Aggregate Liability coverage

d. Automobile Liability Insurance including non-owned and hired automobiles with combined single limit of $1,000,000 per accident

At the execution of this Agreement, Consultant shall furnish certificates of insurance evidencing the above coverage to the City for the City’s review and approval.

3. PRICE SUBMISSION

All vendors must provide both a unit price and a total (extended) price for each item listed on the “Vendor Bid Form B”. Please bid only one bid price per line item. If there is a discrepancy between the unit price and the total price for any item(s) on the “Vendor Bid Form B”, the unit price will prevail. On all items bid, use the unit designated in the "Unit" column of the bid sheets for the unit price. The "Extended Price" is the “base unit price” multiplied by the number in the "Projected Usage" column. Do not use the unit in which the item is packaged if it is different from the designated unit. Excessive errors in price calculations will be sufficient grounds for rejection of the entire bid.

Bids must include on the "Vendor Bid Form B" manufacturer name and code number that clearly identifies every item the vendor will supply. Once awarded, there are to be no substitutions, the item supplied must be the item specified by the Vendor on the “Vendor Bid Form B”. In the event of an error in product number, the product description will override the product number.

Bid prices must include cost of delivery, including fuel charges. Any delivery charge that appears on an invoice for bid items will be deducted before payment is made.

In order to consider a Vendor that is adding an additional fee, the Vendor must add the total fee, to the aggregate total of the bid. This total should include any fees, the fee must be a flat fee, not a percentage and clearly identified with the Vendors’ response. The fee in total will be added to the aggregate total to determine the winning bid.

The Vendor agrees to fully disclose all discounts, rebates, allowances, and incentives received by the Company from its suppliers. If the Vendor receives a discount, rebate, allowance, or incentive from any supplier, the Vendor must disclose and return to the City the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the City. All discounts, rebates, allowances, and incentives must be returned to the City during a mutually agreed upon timeframe that is beneficial to the City

4. ACTUAL OR ESTIMATED QUANTITIES

The City estimates that they will need items as listed on the “Vendor Bid Form B” in the volumes indicated for one year. It is understood and agreed that quantities attached hereto are approximate and that the contract shall cover actual amounts ordered for delivery during the period of the contract, whether more or less than the quantities indicated.

5. PERFORMANCE STANDARDS

All items which are imperfect or of a grade inferior to bid specifications in the opinion of the City will be rejected and must be replaced by acceptable items without expense to the City. Final decisions concerning the quality of items other than those specifically designated rest with the City.

6. BIDS FOR “OR EQUAL ITEMS”

Except where otherwise specifically provided to the contrary in the contract documents, any proprietary name mentioned in the Vendor Bid Form B is for the purpose of information only and is not intended to limit competition. Bids for any article, assembly, system or any component part thereof (hereinafter “item”) equal to the item so named if (1) it is at least equal in quality, durability, appearance, strength, and design, (2) it will perform at least equally the function imposed by the general design for the work being contracted for or the material being purchased, and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications.

7. NOTICE OF “EQUAL”

Trade names, if used, are to set type and quality standards required in a product. A Vendor may bid on comparable substitutes but must clearly indicate by manufacturer name and code number the item to be supplied and provide a sample of the alternate item. A vendor submitting a comparable item(s) other than the specific item(s) named in the specifications shall submit, with the Vendor Bid Form B filed, a written notice containing the name and full particulars pertaining to such item(s) including, but not necessarily limited to, the manufacturer’s name, manufacturer’s product code number, price and nutritional data sheets.

8. SAMPLES

Samples may be required on selected items. Vendors will be notified if a sample is required. A determination of acceptability will be made by the participating food service directors, and will be based on price, taste and proven market acceptability. Each sample must be clearly labeled with the Vendor name and City item # and should come directly from the distributor on a truck with a delivery drop slip and must be labeled with the distributor they are coming from and the bid item they are for.

Trade names, where used, are to set type and quality standards required in a product. Vendors may bid on comparable substitutes but must clearly indicate by manufacturer name and code number the item to be supplied and provide a sample of the alternate item, when requested.

Bids submitted for items other than those specified will be considered only if there are no acceptable bids of specified items.

9. JUDGEMENT AS TO EQUALITY

The decisions of the City as to whether an item(s) is or is not equal shall be final. Any and all expense necessary to prove to the City the quality of the item(s) offered as equal to the specific item(s) shall be borne exclusively by the vendor submitting any proposed substitutions.

10. ORDER AND PAYMENT PROCEDURES

The awarded vendor must supply order forms, with online and/or hard copy options, to participating Food Service Directors for ordering purposes within 30 days of bid award. The form should include the City line item numbers, as well as vendor’s product code numbers.

Vendors must notify the City, at the time the order is placed, and/or no later than 2:00 p.m. the day prior to the delivery, of any unavailable products on the order, at which time vendor must supply a substitute product, of the same or superior quality and must be offered at or below the bid price. The City reserves the right to reject substitutes. If no substitute product of equal and/or superior quality is available and/or acceptable, and the City must buy the item elsewhere at a higher price, the City may back charge the vendor the price difference. The Director of the school district must approve the substitution(s).

Purchases made by the City are exempt from payment of federal excise taxes and any such taxes must not be included. Federal excise tax exemption certificates, if required, will be furnished by the City on request. The City is further exempt from payment of Federal Transportation tax and the Commonwealth of Massachusetts sales tax.

11. QUALITY REQUIREMENTS

Vendors must provide all of the items described and comply with all bid submission requirements listed. All Vendors must be in compliance with HACCP (Hazard Analysis and Critical Control Points) regulations and show documentation upon request.

12. DELIVERY REQUIREMENTS

All prices must be F.O.B. (Free on Board) destination, freight prepaid, with no additional costs to purchasing entities, including fuel charges. Minimum delivery dollar amount of $200.00 per location. No products shall be left outside the building at any time or in any place other than within the school kitchens, unless directed by the City.

Refer to Exhibit A, delivery locations, attached. All items must be delivered to the appropriate site inside the building as designated by a school employee. When delivering refrigerated and frozen products, the delivery person must put refrigerated products in the refrigerator and frozen products in the freezer. The City is not required to accept any product that is visibly damaged, dented, squeezed, or torn. The Vendor must replace any item received in unacceptable condition, at no cost to the ordering facility, on the next business day, unless prior arrangements are made with the City. Delivery dates and times will be agreed upon by the City and the awarded vendor. In the case of school vacations, school cancellations, and/or school holidays, deliveries must be made on the next business day. Repeated failure to meet delivery dates may constitute a breach of Contract by the awarded vendor. All ice cream/ frozen treats must have a minimum 10-day shelf life at the time of delivery.

13. REFERENCES

The Vendors shall provide at least three (3) references that are satisfactory to the City of New Bedford and New Bedford Public Schools, which will serve to illustrate the ability of each Vendor’s firm in accordance with these specifications. The references must be from prior contracts, preferably performed within the last 3 years, be similar in size and scope to this contract bid, and include contact names and telephone numbers.

14. OTHER MINIMUM REQUIREMENTS

All bid items are subject to review and approval by the City. In reviewing the bids received and determining the best value, the City may consider any combination of the following additional criteria: (1) It is important that the City can rely on the continuous availability of the goods and/or services offered. The preferred vendor commits to the continuous availability of the goods and/or services provided; said vendor must provide proper documentation to the City when product becomes unavailable within 7 business days of product unavailability and seek alternate source of product, when applicable (2) the impact on the ability of the City to comply with any applicable laws or rules; changes in laws and rules might require the vendor to offer new items to allow City to comply with applicable laws, (no plastic utensils, recyclable, ban on water bottles). (3) Warranties; By submission of a bid, the vendor warrants that he/she is an authorized dealer, distributor, or manufacturer for the product(s) being offered, that all items proposed conform to the specifications for which the items are being offered, and that all items supplied under any contract related to this IFB will be free from all defects in material, and title. A minimum of 90-days product guarantee or the manufacturer’s standard commercial warranty, whichever is greater, shall apply to all products purchased under this IFB. This warranty shall provide for replacement of defective merchandise and delivery of the replacement(s) to the same location. The warranty shall be effective from the date of acceptance of the merchandise.

15. BUY AMERICAN PROVISION

The Awarded Vendor must be in compliance with the Buy American Provision. Grocery, Milk, Ice Cream and Bread vendors must offer, to the maximum extent practicable, domestic commodities or products for use in meals served in compliance with the “Buy American” provision under Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) which added a new provision, Section 12(n) of the NSLA/National School Lunch Act (42 USC 1760(n)), requiring School Food Authorities/Food Service Directors to purchase for their districts domestic commodities or products, to the maximum extent practicable.

Section 104(d) of Public Law 105-336 defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. “Substantially” means that more than half or 51% of the final processed product consists of agricultural commodities that were grown domestically.

Two situations which may warrant a waiver to permit purchases of foreign food products include: 1) the product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality;

and 2) competitive bids reveal the costs of a U.S. product is significantly higher than the foreign product.

It is required by 7 CFR 3016.36(b) (2) to monitor vendor performance to ensure compliance with this “Buy American Provision”. Therefore, we ask that all vendors certify that the percentage of U.S. content on all domestic commodities or products bid, to the maximum extent practicable, be “substantially” processed in the U.S. For this purpose, a column will be provided on the “Vendor Bid Form B” for vendors to add a check mark or equivalent next to each product bid, which they certify meets this provision. If the item bid does not meet the “Buy American” provision and the vendor feels it may warrant a waiver, please attach the argument for such and any relevant documentation for review. Furthermore, the SFAs/Food Service Directors will be examining all product packaging in accordance with the Nutrition Labeling and Education Act of 1990.

The Buy American Exemption Form must be completed and submitted with the bid documents for every product that is not made in the U.S.A

16. LAWS GOVERNING AWARDED VENDOR

The Awarded Vendor shall abide by all applicable local, State, and Federal laws and policies when providing services under this Contract.

IMPORTANT DATES

EVENT DAY DATES DUE TIMES DUE

IFB AVAILABLE Friday May 31, 2024

QUESTION DEADLINE Friday June 14, 2024 5:00 PM

FINAL ADDENDUM Monday June 17, 2024 4:00 PM

BID DUE DATE/ OPENING Thursday June 20, 2024 1:30 PM

ATTACHMENTS

A) Bid Form and Specifications B) Delivery Sites and Estimated Annual Quantities C) Bidder’s Qualifications and References D) Vote of Corporation/LLC Certificate of Incumbency and Authority E) Certificate of Non-Collusion/Tax Compliance F) Sample Contract

Mayor Jonathan F. Mitchell

VENDOR BID FORM & SPECIFICATIONS

PURCHASE & DELIVERY OF ICE CREAM/FROZEN TREATS

DATE:

TO: CITY OF NEW BEDFORD

C/O NEW BEDFORD PURCHASING DEPARTMENT 133

WILLIAM ST

NEW BEDFORD, MASSACHUSETTS 02740

PURCHASING AGENT

A) The Undersigned proposes to provide and deliver ice cream/frozen treats in accordance with the enclosed Contract Documents and specifications.

B) Please submit the proposed total bid amount for the listed project. Discrepancies between the written and numerical amounts shall be resolved in favor of words.

Discrepancies between any unit prices and their respective total amounts will be resolved in favor of unit prices.

TOTAL BID PRICE:

(In numbers)

(In words)

Company Name: Telephone:

Signature: Title:

Printed Name:

Address

E-Mail

I/we certify, under pains and penalties of perjury, and in accordance with the provisions of Massachusetts General Law, Chapter 62C, Section 49A, that:

Name of Bidder Federal I.D. Number has complied with all of the laws of the Commonwealth of Massachusetts in relation to taxation.

Date: Authorized Signature:

Appendix A

BIDDER’S QUALIFICATIONS AND REFERENCE FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the City of New Bedford for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. FIRM NAME:

2. WHEN ORGANIZED:

3. INCORPORATED? YES NO DATE AND STATE OF INCORPORATION:

4. IS YOUR BUSINESS A MBE? YES NO WBE? YES NO OR MWBE? YES

NO

5. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND ANTICIPATED

DATE OF COMPLETION:

6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU?

YES NO

IF YES, WHERE AND WHY?

7. HAVE YOU EVER DEFAULTED ON A CONTRACT? YES NO

IF YES PROVIDE DETAILS.

8. LIST YOUR VEHICLES/EQUIPMENT AVAILABLE FOR THIS CONTRACT:

9. IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING CONTRACTS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF THREE (3) CONTRACTSSHALL BE LISTED.

PUBLICLY BID CONTRACTS ARE PREFERRED, BUT NOT MANDATORY.

PROJECT NAME:

OWNER:

CITY/STATE:

DOLLAR AMOUNT: $ DATE COMPLETD:

PUBLICLY BID? YES NO TYPE OF WORK:

CONTACT PERSON:

PHONE NUMBER: EMAIL:

CONTACT PERSON’S RELATION TO PROJECT:

(i.e., contract manager, purchasing agent, etc.)

10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and request any person, firm, or corporation to furnish any information requested by the City of New Bedford in verification of the recitals comprising this statement of Bidder’s qualifications and experience.

DATE: COMPANY NAME:

SIGNATURE:

PRINT NAME: TITLE:

TELEPHONE: EMAIL:

END OF SECTION

Jonathan F. Mitchell, Mayor

VOTE OF CORPORATION AUTHORIZING

EXECUTION OF CORPORATE AGREEMENTS

At a meeting of the Board of Directors of duly called and held on , 20 at which a quorum was present and acting throughout, the following vote was duly adopted.

VOTED: That , a of the corporation, be and hereby is authorized to affix the Corporate Seal, sign and deliver in the name and behalf of the corporation contract documents with the City of New Bedford, the above mentioned documents to include but not be limited to Bids, Proposals, Deeds, Purchase and Sales Agreements, Agreements, Contracts, Leases, Licenses, Releases and Indemnifications; and also to seal and execute, as above, surety company bonds to secure bids and proposals and the performance of said contract and payment for labor and materials, all in such form and on such terms and conditions as he/she, by the execution thereof, shall deem proper. A true copy.

ATTEST:

Name (Print)

(Affix Corporate Seal)

Signature

Title Date

133 William Street, Room 208 | New Bedford, MA 02740 | Telephone 508-979-1433

LLC CERTIFICATE OF INCUMBENCY AND AUTHORITY

This certificate is made as of the day of , 20 , by

, member and Manager of , (individual authorized to sign below) (company name) a Massachusetts Limited Liability Company.

The undersigned member and Manager of , a Massachusetts Limited Liability (company name)

Company, being duly authorized to execute documents to be filed with Office of the Secretary of State of Massachusetts, hereby does state as follows:

1. The between the City of New Bedford and (name of contract) (company name) is approved by .

(company name)

2. is a duly qualified and acting member and the Manager of (individual authorized to sign below)

(company name)

3. hereby is authorized to execute the between the (individual authorized to sign below)

City of New Bedford and .

(name of contract)

IN WITNESS WHEREOF, I have affixed my name as member and Manager of this day of , 20 .

, ss.

(Name of individual)

COMMONWEALTH OF MASSACHUSETTS

, 20

Then personally appeared the above-named , (Name of individual) member and Manager of and acknowledged the foregoing statements to be true and the foregoing instrument to be his free act and deed and the free act and deed of , before me, Signature

Printed name:

Notary Public/Justice of the Peace

My commission Expires:

NON-COLLUSION AND TAX COMPLIANCE FORM

CERTIFICATE OF NON-COLLUSION

The undersigned certified under penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

Signature of individual submitting bid

Name of business/organization

TAX COMPLIANCE CERTIFICATION

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, the undersigned, authorized signatory for the below named business/organization, do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature of person submitting bid

Name of business/organization

AGREEMENT FOR PROFESSIONAL SERVICES

Contract #

Purchase and Delivery of Ice

Cream/Frozen Treats

DATE:

WHEREAS, the CITY OF NEW BEDFORD, MASSACHUSETTS, a municipal corporation, 133 William Street, New Bedford, Bristol County, Massachusetts 02740, hereinafter referred to as the “City,” acting by and through its

School Department, has a need for a consultant to provide and deliver ice cream and frozen treats for New Bedford

Public Schools.

WHEREAS, WRITE IN VENDOR, a [corporation, business, etc] located at WRITE IN ADDRESS, hereinafter referred to as the “Consultant,” submitted a proposal to perform the Scope of Services described herein in Appendix

“A” and undertake related duties and responsibilities required under this Agreement; and

WHEREAS, the Consultant’s proposal indicates that it is qualified by experience and training to perform said Scope of

Services and undertake the duties and responsibilities required under this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Consultant hereby agree as follows:

This Agreement is comprised of Part I and Part II, and includes all appendices, attachments, submitted documents, addenda, technical proposal, the price proposal and all documented negotiations relevant to the proposal. Part I includes details of the services to be performed, schedule of the services, and compensation. Part II contains the Terms and

Conditions of the Agreement, which are the general terms of the engagement between the City and Consultant.

PART I

SCOPE OF SERVICES

The complete Scope of Services and unit prices are contained herein in Appendixes A. The Scope of Services may be modified by written agreement of the City and Consultant, provided any such modification complies with applicable law. The Consultant shall perform services by specific Task authorized by its proposal or on an as needed basis by Change Order or Work Order in accordance with this Agreement.

PART II

TERMS AND CONDITIONS

The City’s engagement of the Consultant is under the following terms and conditions that form an integral part of this Agreement:

1. Scope: The Scope of Services, Schedule, and Budget encompass the entire time of performance of the

Agreement regardless of whether the term exceeds one (1) year. See Appendix A for full Scope of Services.

2. Prices; Term: All prices contained in this agreement shall remain the same throughout the term of the

Agreement. The term of this contract shall be for 12 months, beginning July 1, 2024 and ending June 30, 2025 with two, one year options to renew. If the option to renew is exercised for additional term(s), the terms and conditions of this Agreement will remain the same, except for price, which may, in City’s sole discretion, only be changed upon renewal of this Agreement and with City’s prior written approval of the price change. If the price change upon renewal is a price increase, the price may not increase per renewal by more than eight percent (8%) of Consultant’s aggregate total bid price, as contained in [Appendix with Consultant’s Bid Form B].

3. Appropriation; Termination: The City may terminate this Agreement if funds are not appropriated to support continuation of performance beyond the first year.

4. Payment Responsibility: Payment to Consultant is the sole responsibility of signatory of this Agreement and is not subject to third party agreements.

5. Acceptance: All Contracts require proper acceptance of the described goods or services by the City. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the City to ensure that the goods or services are complete and are as specified in the Contract.

6. The Consultant: The “other party” to any Contract with the City. This term shall (as the sense and particular

Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term “Consultant” shall be understood to refer to any other such label used.

7. Commencement: All schedules set forth in the Scope of Services commence upon the execution of this

Agreement.

8. Compensation: The City will compensate Consultant for the satisfactory performance of the Tasks included in the Scope of Services as agreed upon in Appendix A. Compensation will be based on the proposed price to perform the respective Task. Total compensation for all services rendered by the Consultant under this Agreement shall not exceed , unless authorized by a Change Order duly executed by Consultant and the City.

9. Invoices: Consultant shall submit an invoice no later than the 15th of the month for services rendered the previous month. The City shall make all reasonable efforts to process payments within thirty (30) days from the date of receipt of each invoice. The City shall give prompt written notice of any disputed invoice amount and shall pay the amount not in dispute. Any invoices dated prior to fiscal year end (June

30) must be delivered to the City no later than August 1st. Invoices received after this date will not be paid.

10. Insurance: Consultant shall maintain liability insurance as such that will protect it from claims under

Workmen’s Compensation Acts, and from other claims for damages for personal injury, including death, property damage and automobile liability, which may arise from operations under this contract.

Consultant agrees to hold the City of New Bedford and its employees, agents and officials harmless from loss or damage due to claims for personal injury and/or property damage arising from or in connection with operations under this contract. A copy of said liability insurance which is in effect and enforceable shall be providedand include the City of New Bedford as an additional insured, on a primary and non-contributory basis, on all liability policies for the length of this agreement. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the contract and shall operate as an immediate termination thereof.

All policies shall be so written that the City of New Bedford will be notified of the cancellation or restrictive amendment at least thirty (30) days prior to the effective date of such cancellation or amendment.

Certificates evidencing such insurance shall be furnished to the City of New Bedford at the execution of this contract and each anniversary date thereafter.

Consultant shall carry the following insurance, with the City clearly designated as additional insured, during the term of this Agreement. At the execution of the Agreement, Consultant shall provide proof of the following coverage:

a. Workers Compensation and Employer’s Liability Insurance in compliance with statutory limits;

b. Liability Insurance with $1,000,000 General Liability Coverage

c. $2,000,000 General Aggregate Liability coverage

d. Automobile Liability Insurance including non-owned and hired automobiles with combined single limit of $1,000,000 per accident

At the execution of this Agreement, Consultant shall furnish certificates of insurance evidencing the above coverage to the City for the City’s review and approval.

11. Indemnification: Consultant agrees to indemnify and hold the City harmless from and against legal liability for all judgments, losses, damages, and expenses to the extent of its applicable insurance coverage and to the extent that such judgments, losses, damages or expenses are caused by Consultant’s negligent acts, errors, or omissions arising out of its performance of services under this Agreement.

12. Delays: Consultant shall not be responsible for failure to perform or for delays in the performance of services that arise out of causes beyond the control and/or without the fault or negligence of Consultant.

Consultant shall notify the City promptly in writing whenever a delay is anticipated or experienced, and to inform the City of all facts and details related to the delay.

13. Services for Use of City: Consultant’s services shall be performed on behalf of and solely for the benefit and exclusive use of the City and the City’s agents and designees for the limited purpose set forth in this Agreement. The City acknowledges that Consultant’s services require decisions that are not necessarily based upon science, but rather upon judgmental considerations.

14. Ownership and Use of Documents: All documents prepared or received by Consultant in its performance of this Agreement, including all drawings, designs, specifications, notes, field notes, computer files, data and other documents shall be delivered to and become the property of City.

Consultant agrees not to assert any rights or establish any claim under patent, copyright or other laws with respect to the City’s ownership of said documents and hereby grants the City an irrevocable royalty-free license to all such documents, including the right to use them on any other City projects without additional cost to the City. Consultant bears no responsibility whatsoever for reuse by the City of documents prepared under this Agreement for any other purpose than originally intended. Consultant shall at all times obtain the prior written approval of the City before it, any of its officers, agents, employees or subcontractors, either during or after termination of this Agreement, makes any statement bearing on the work performed or data collected under this Agreement to the press or issues any material or publication through any medium of communication. If the Consultant, or any of its officers, agents, employees or subcontractors, publishes a work dealing with any aspect of performance under this Agreement, or of the results and accomplishments attained in such performance, the City shall have a royalty-free non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the publication.

15. Confidential Information: Consultant acknowledges that its services hereunder are being rendered to the

City of New Bedford. Communications, reports, findings, conclusions, theories, and other work, however characterized, performed by Consultant hereunder is not to be divulged to any person or entity other than the City of New Bedford, or persons designated as privileged to receive such information.

Consultant further acknowledges that it may receive confidential information as it provides services under this Agreement and agrees that neither it nor its employees, officers, agents, attorneys, subcontractors or other representatives, however described, shall discuss, relay, transmit or otherwise divulge such information in person or by print or electronic media, whether by telephone or e-mail, with or to any person who is not privileged to receive such information by virtue of this Agreement or applicable state or federal law, statute or regulation.

This prohibition is absolute, the violation of which will constitute grounds for the City’s termination of this Agreement and collection of any associated damages incurred by the City.

16. Independent Contractor: Consultant is an independent contractor, solely responsible for methods and means used in performing the services under this Agreement, and is not an employee, agent, or partner of the City. Consultant is not authorized to enter into any agreement with any party on behalf of the City.

17. Certifications: Consultant certifies under the pains and penalties of perjury pursuant to M.G.L. c. 62C, §

49A that the Consultant has filed all state tax returns, paid all taxes and complied with all laws of the Commonwealth relating to taxes; and pursuant to M.G.L. 151A, § 19A(b), has complied with all laws of the Commonwealth relating to contributions and payments in lieu of contributions to the Employment Security System; and with all laws of the Commonwealth relating to Worker’s Compensation, M.G.L. c.

152.

18. Licenses; Permits: The Consultant also represents that s/he is qualified to perform all services required under this Agreement and has obtained all requisite licenses and permits to perform these services.

19. Appropriations; City’s Obligations: Appropriations for expenditures by the City and authorization to spend for a particular purpose are ordinarily made on a fiscal year basis. The fiscal year of the City is the twelve (12) month period ending June 30 of each year. The obligations of the City under this Agreement for the present or any subsequent fiscal year following the fiscal year in which the Agreement is executed are subject to appropriation by the City of funds sufficient to discharge the City’s obligations that accrue in this or any subsequent fiscal year. In the absence of such appropriation or authorization, this Agreement shall be terminated immediately upon the Consultant’s receipt of notice to said effect without liability or damages, penalties or other charges arising from such early termination. Expenditures under this Agreement for services that will extend beyond a single fiscal year shall not exceed in any fiscal year the amount appropriated or authorized for said fiscal year. The Consultant’s yearly costs, as contained herein, may not exceed the amount appropriated for the year.

20. Records; Inspection: The Consultant shall maintain books, records and other compilations of data pertaining to the requirements of this Agreement to the extent and in such detail as shall properly substantiate claims for payment under the Agreement. All such records shall be kept for a period of six

(6) years or for such longer period as is specified herein. All retention periods start on the first day after final payment under this Agreement. If any litigation, claim, negotiation, audit or other action involving the records is commenced prior to the expiration of the applicable retention period, all records shall be retained until completion of the action and resolution of all issues resulting therefrom, or until the end of the applicable retention period, whichever is later. The City, or any of its duly authorized representatives or designees, shall have the right at reasonable times and upon reasonable notice, to examine and copy, at reasonable expense, the books, records, and other compilations of data of the Consultant which pertain to the provisions and requirements of this Agreement. Such access shall include on-site audits, reviews, and copying of records.

21. Notices: Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by certified mail to for the Consultant and Purchasing Department, 133 William Street, Room 208, New Bedford, Massachusetts, 02740 for the City.

22. Representations; Reliance: In entering into this Agreement, the City and Consultant have relied only upon the representations set forth herein. No verbal warranties, representations, or statements shall be considered a part of this Agreement or a basis upon which the City or Consultant relied in entering into this Agreement. No statements, representations, warranties, or understandings, unless contained herein, exist between the City and Consultant.

23. No Inducement: Consultant certifies that neither it nor any of its employees, agents, officers, attorneys, subcontractors or representatives, however described, has given, offered or agreed to give anyperson, corporation or other entity any gift, contribution, offer of employment or other reward as an inducement for, or in connection with, the award of this Agreement.

24. Solicitation: Consultant certifies that no person, corporation or other entity, other than a bona fide full-time employee of Consultant, has been retained or hired by Consultant to solicit for or in any way assist Consultant in obtaining this Agreement upon an agreement or understanding that such person, corporation, or other entity be paid a fee or other consideration contingent upon the award of the Agreement to Consultant.

25. Accounting: Consultant agrees to maintain internal accounting controls and permit the City to view its audited financial statements in camera at Consultant’s offices upon city’s request.

26. Waivers: A waiver by either the City or Consultant of any breach of this Agreement shall be in writing.

Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach.

Forbearance or indulgence of a breach of this Agreement in any form or manner by either the City or Consultant shall not be construed as a waiver, nor in any way limit the legal or equitable remedies available to that party.

27. Invalidity; Severability: The invalidity, illegality or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if it did not contain the particular portion or provision held to be void.