Catering_Services_for_2026-2027_Hurricane_Season_(Addendum_#1_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/bartowfl

City of Bartow, FL

Invitation to Bid

Catering Services for 2026-2027 Hurricane Season Project ID: ITB 26-23

RELEASE DATE: July 17, 2026

RESPONSE DEADLINE: August 19, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

#ITB 26-23

Title: Catering Services for 2026-2027 Hurricane Season

Table Of Contents

1. INTRODUCTION AND BACKGROUND INFORMATION

2. INSTRUCTIONS TO BIDDERS

3. FOR SEALED HARD COPY SUBMISSION ONLY: ADDRESS LABELS

4. SCOPE OF WORK

5. STANDARD TERMS AND GENERAL CONDITIONS

6. PRICING TABLE

7. VENDOR SUBMITTAL FORMS

SECTION 1: INTRODUCTION AND BACKGROUND INFORMATION

1.1. Purpose of Solicitation

The City of Bartow is seeking bids from qualified vendors to provide all necessary labor, equipment, materials, supplies, and supervision for emergency standby food catering services as it relates to an emergency event, or a disaster, natural or man-made, or a

City of Bartow declared emergency. All information related to this project is further detailed in the pages to follow.

1.2. City Background Information

The City of Bartow, Florida is the County Seat and serves a resident population of approximately 20,615. The City provides many municipal services. These services include Fire Protection, Police Protection, Public Works, Parks, Recreation & Cultural Arts, Library Services, Golf Course, Electric Distribution, Water Treatment Plant, Wastewater Treatment Plant, Stormwater Treatment, Fiber Optic Services and Solid Waste Collection.

The City recognizes the critical need for emergency standby food catering services to support its employees and emergency crews during times of crisis. As part of its preparedness for hurricanes, natural disasters, and other emergency events, the city seeks to establish a reliable pool of vendors capable of providing meals for approximately 100 to 250 personnel. These meals, including breakfast, lunch, dinner, and beverages, ensure that employees and emergency responders are adequately supported to carry out their vital roles in public service and storm restoration. The City intends to be reimbursed by FEMA and as such, all requirements of the federal award are applicable to the Successful Proposer, sub-consultant, and any material suppliers. All services must be performed in accordance with applicable Federal, State and Local regulations. Reference separate attachment – Federal Clauses (FEMA). To optimize availability and service quality, the city may award contracts to up to three vendors to be utilized based on price and availability. This approach is designed to ensure an uninterrupted supply of food and beverages during the City-declared emergencies, safeguarding the efficiency and well-being of the workforce while addressing community needs effectively.

SECTION 2: INSTRUCTIONS TO BIDDERS

2.1. Bid Schedule

ITB Solicitation Issued: July 17, 2026

Question Submission Deadline: August 11, 2026, 4:00pm

Bids Due: August 19, 2026, 2:00pm

In person: 450 N. Wilson Ave., Bartow, FL 33830 or via Teleconference at +1 872-256-4257, 312519811#

2.2. Award

Award will be made to multiple vendors based on needs and price for all items combined. Bidders must bid on all items for the bid to be considered responsive. Additionally, as the best interest of the City may require, the right is reserved to make award(s) by individual item, group of items or to reject all bids or waive any minor irregularities or technicalities in bids received. In determining the lowest responsive and responsible bidder, in addition to price, the following may be considered:

• Vendor’s evaluation – quality of performance on previous projects.

• The ability, capacity, equipment and skill of the bidder to fulfill the contract.

• Whether or not the bidder can fulfill the contract within the time specified, without delay or interference.

• The character, integrity, reputation, judgment, experience and efficiency of the bidder.

• The previous and existing compliance by the bidder with laws and ordinances relating to the contract.

• The sufficiency of the financial resources to fulfill the contract to provide the goods and/or services.

• The quality, availability and adaptability of the suppliers or contractual services to the particular use required.

• The ability of the bidder to provide future maintenance and service, as required or needed.

• The number and scope of conditions attached to the bid.

2.3. Bid Opening

It is the responsibility of the bidder to assure that their bid is delivered or submitted at the proper time and place prior to the bid opening. All bid openings shall be public, following 2:00 pm, on the date specified in the solicitation. Bids which for any reason are not so delivered or submitted electronically through the City’s e-procurement system, will not be considered. Bid Submittals Using

Facsimile or Email Will Not Be Accepted.

Note: In accordance with Florida Statute 119.071, a listing of vendors that provided a bid submittal shall be posted to the City’s e-procurement platform OpenGov; https://www.cityofbartow.net/313/Review-Current-Bids.

All bids shall remain exempt from disclosure, including bid amounts, until recommendation of award or 30 days after bid opening, whichever event occurs first. Should the City reject all bids, before the recommendation of award or 30 days after bid opening, and concurrently provide notice of the City’s intent to reissue the bid, the rejected bids will remain exempt from

Florida Statute 119.07 until such time as the City provides notice of recommendation of award of the reissued bid or until the

City withdraws the reissued bid. The bid is not exempt for longer than 12 months after the notice of rejection of all bids.

2.4. F.O.B. Destination

All prices covered by this bid/contract will include the cost of transportation to the City of Bartow, Florida.

2.5. Packaging

All containers shall be suitable for storage or shipment, and all prices should include standard commercial packaging.

2.6. Taxes

No taxes shall be included in any bid price. The City of Bartow is exempt from state and federal sales use and excise tax.

https://www.cityofbartow.net/313/Review-Current-Bids

2.7. Prices

Unless otherwise specified, all prices and/or discounts shall be firm for the duration of the original contract/purchase order. In the event of price decreases the City of Bartow shall be given full proportionate benefits immediately at any time during the contract period.

2.8. Invoices

Invoices: Any invoices at higher prices than the contract price shall be held until proper credit memorandums have been received. Any applicable cash discounts that apply as the result of this contract shall be taken even though the allowable time has elapsed due to the time awaiting credit memorandums.

• All original invoices shall be mailed to the City of Bartow, Attn: Accounts Payable, 450 N. Wilson Ave., Bartow, Florida 33830 or they may be emailed to: cbrown.finance@cityofbartow.net.

• The bidder shall include the bid number and/or the purchase order number on all invoices. By submitting an invoice, Bidder’s Project Manager or any authorized officer is attesting to the correctness and accuracy of all charges. Invoices will be processed for payment when approved by the appropriate User Division/ Department. The City’s payment of an invoice shall not constitute evidence of the City’s acceptance of the Bidders performance of the Service or the City’s acceptance of any work.

2.9. Discounts

Bidders may offer a cash discount for prompt payment (within 30 days); however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Bidders are encouraged to reflect cash discounts on the prices quoted.

2.10. Payments

All payments will be made in accordance with the Florida Prompt Payment Act. The payment due date for the purchase of goods or services other than construction services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735.

2.11. Manufacturer’s Name

Any manufacturer’s name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the city of Bartow and such determination shall be final and binding among all bidders.

2.12. Safety Standards

Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of

Occupational Safety and Health Act (OSHA) and carry evidence of Underwriters Laboratories’ Listings (UL).

2.13. Toxic Substances

Chapter 442 of the Florida Statue states that manufacturers, importers or distributors of any toxic substance shall prepare and provide each direct purchaser of such toxic substance with Material Safety Data Sheet(s), herein referred to as MSDS, which to the best of the manufacturer’s, importer’s or distributor’s knowledge, is current, accurate and complete based on information then reasonably available to the manufacturer, importer or distributor. Upon notification of a new or revised MSDS the manufacturer, importer or distributor, on a timely basis not to exceed three (3) months after notification, shall provide the City with the revised information as it becomes available to the manufacturer, importer or distributor. Failure to provide the MSDS, when applicable, shall be cause for rejection of bid.

2.14. Specifications

Any deviations from bid specifications indicated herein shall be clearly stated, otherwise it shall be considered that items offered are in strict compliance with specifications, and the successful bidder shall be held responsible. Deviations shall be explained in detail.

mailto:cbrown.finance@cityofbartow.net http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/Sec73.htm#0218.73 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/Sec735.htm#0218.735

2.15. Estimated Quantities

This section applies to bids/contracts in which purchases will be made as needed over a period of one (1) year or more. In this case, quantities shown are estimates of usage anticipated during the contract period and may vary.

2.16. Bid Price Increases

The City of Bartow depending on the budget for said FY may allow for a Consumer Price Index (CPI) increase after the initial term of the original bid/contract upon request from the vendor. The CPI shall be in accordance with the Bureau of Labor Statistics (BLS) https://www.bls.gov/cpi/.

1. If the BLS increase doesn’t meet the needs of the awardee, and the awardee cannot honor the prices submitted they must notify the City within sixty (60) days prior to the end of the term/ service year period, then the City will not exercise the renewal options and will rebid for said needs to allow bidders the opportunity to update pricing based upon the current economy.

2. This doesn’t guarantee award of the new bid to the current vendor as bids are awarded based on the overall lowest responsive and responsible bidder meeting bid requirements for that specific bid.

2.17. Bid Term

A. Annual Bids: shall be for a period of one (1) year from the date of bid award with options to automatically renew for two

(2), one (1) year terms following the initial term unless otherwise terminated in accordance with the termination clauses provided herein. The City and/or Awardee may opt out of such renewal option(s) with written notice provided to the appropriate party within sixty days (60) prior to the end of a service year period.

B. One-Time Bids: shall be for a period not to exceed the awarded project completion date agreed upon by both parties and/or the current fiscal year (FY); September 30, of said FY (“Termination Date”) and shall not contain any renewal options.

Additional commodities and/or services in accordance with the terms & conditions of this bid, to include the scope of work and pricing, may be purchased from the Awardee for a period not to exceed the Termination Date unless otherwise specified with the specification.

2.18. Bid Extension

A. Annual Bids: If the City provides notice to the Vendor at least 30 days prior to the end date (Termination Date) that it has not put in place a new bid for the goods, then this Bid shall remain in effect on a month-to-month basis until terminated by written notice from the City Purchasing Department to the Vendor, but not longer than four (4) months following the termination date. OR

B. One-Time Bids: if the project cannot be completed within the awarded timeframe, a change order or amendment must be executed in writing. The document must be signed by both parties and include full details of the revised terms.

2.19. Placing of Orders

The award of this bid does not constitute an order. Before shipments or service is provided, the vendor shall receive a signed Purchase

Order or Purchase Order number. In some cases, vendors shall be issued blanket orders. In this case shipments shall be specified on the order.

2.20. Performance

Efficient service is essential to this contract. Therefore, if the City of Bartow determines that the holder of the bid is unable to meet delivery within a reasonable amount of time it may become necessary to make procurement from other bidders or suppliers.

2.21. Conflict of Interest

All bidders must disclose, with their bid, the name of any officer, department head or agent who is also an employee of the City or any of their agencies. Furthermore, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest https://www.bls.gov/cpi/ of any amount in the bidder’s firms or any of their branches. Award of this bid shall be subject to the provisions of Chapter 112, Florida Statutes.

2.22. Patents and Royalties

The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented or non-patented invention, process or article manufactured or used in the performance of the bid, including its use by the City. If the bidder uses any design, device or material covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device or material in any way involved in the work.

2.23. Samples

Samples of items, when called for, must be furnished free of expense and may, upon request, be returned at the bidder’s expense. Each individual sample must be labeled with bidder’s name, manufacturer’s brand name and number, bid number and item reference.

Samples of successful bidder’s items may remain on file with the Purchasing Department for the term of the contract. Request for return of samples shall be accompanied by instructions, which include shipping authorization and name of carrier, and must be received within ninety (90) days after bid opening date. If instructions are not received within this time, the Purchasing Department shall dispose of the samples.

2.24. Inspection, Acceptance and Title

Inspection and acceptance will be at the designated facility unless otherwise indicated. Title and risk of loss or damage to all items shall be the responsibility of the contract supplier until accepted by the City, unless loss or damage results from negligence by the

City.

2.25. Insurance Requirements

Certificate of Insurance, Workers Compensation and endorsements evidencing the types of insurance and coverage required in this

Section shall be furnished within three (3) calendar days of Bidder’s receipt of Notice of Intent to Award the Bid/ Contract and, at any time thereafter, upon request by the Purchasing Department. The City of Bartow, 450 N. Wilson Ave., Bartow, FL 33830, shall be named as additional insured and the Successful Bidder shall, at minimum, provide, pay for, and always maintain in force during this project the following insurance:

WORKERS’ COMPENSATION:

Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers’ Liability with a limit of $100,000 each accident, $100,000 each employee, $500,000 policy limit for disease.

COMMERCIAL GENERAL LIABILITY – OCCURRENCE FORM REQUIRED:

Awardee shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000 each occurrence. If such

CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000.

Products and completed operations aggregate shall be $1,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent vendors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100,000.

COMMERCIAL AUTOMOBILE LIABILITY INSURANCE:

Awardee shall maintain automobile liability insurance with a limit of not less than $5,000,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (included owned, hired, and non-owned autos). The policy shall be endorsed to provide contractual liability coverage.

EVIDENCE OF INSURANCE:

Awardee shall furnish the City of Bartow with Certificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf and coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. The City of Bartow is to be specifically included as an additional insured on all policies except Workers’ Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City of Bartow before the commencement of any work activities.

2.26. Drug-free Workplace

This form shall be included with your bid.

2.27. Bid Protest

Any bidder desiring to file a bid protest, with respect to a recommended award of any bid, shall do so by filing a written protest. The written protest must be in possession of the Procurement Department within three (3) working days of the Notice of Recommended

Award posting date. All bidders who bid will be sent a Notice of Recommended Award, unless only one bid is received. A copy of the bid protest procedures may be obtained from the City of Bartow’s website: https://www.cityofbartow.net/431/Protest-Procedures.

“Failure to Follow Bid Protest Procedure Requirements Within the Time Frames Prescribed Herein as Established by the City of Bartow, Florida Shall Constitute a Waiver of Your Protest and Any Resulting Claim.”

2.28. Code of Ethics

If any bidder violates or is a party to a violation of the code of ethics of the City of Bartow or the State of Florida, with respect to this bid, such bidder may be disqualified from performing the work described in this bid or from furnishing the goods or services for which the bid is submitted and shall be further disqualified from bidding on any future bids for work, goods, or services for the City.

2.29. Non-Exclusivity

Bidders acknowledge and understand that award of this project shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option.

https://www.cityofbartow.net/431/Protest-Procedures

SECTION 3: FOR SEALED HARD COPY SUBMISSION ONLY: ADDRESS LABELS

All bids shall be securely sealed in an envelope and clearly marked on the outside with:

• Company/ Bidder’s Name,

• Company Address,

• The Bid Number & Title,

• Due Date & Time, and

• Attention: Procurement Department

“An address label has been provided for your use below. The City of Bartow will not be responsible for bids opened prior to the specified time due to envelopes that are improperly addressed or not marked as instructed in this notice.”

NAME OF COMPANY: ___________________________________________________

COMPANY ADDRESS: _______________________________________________

CITY: _____________________________ STATE: ____________ ZIP CODE: _____________

BID NUMBER & TITLE: ITB 26-23, Catering Services for 2026-2027 Hurricane Season

BIDS ARE DUE PRIOR BY 4:00 pm(EDT) ON, Wednesday, August 19, 2026

DELIVER TO: CITY OF BARTOW, PROCUREMENT DEPARTMENT

450 N. WILSON AVE.

BARTOW, FL 33830

It is recommended that the above label is taped onto the outside of the envelope that contains the bid documents.

Note: Be sure to label the envelope containing the bid documents or if the envelope is placed inside another envelope or shipping container (e.g., UPS envelope/box or FedEx envelope/box), then the label shall be affixed to the outside of that outer envelope or box.

SECTION 4: SCOPE OF WORK

4.1. Overview

The City of Bartow is seeking bids from qualified vendors to provide all necessary labor, equipment, materials, supplies, and supervision for emergency standby food catering services as it relates to an emergency event, or a disaster, natural or man-made, or a

City of Bartow declared emergency. All information related to this project is further detailed in the pages to follow.

4.2. Event Preparation and Response

Emergency events or disasters include, but are not limited to storms, hurricanes, tornadoes, flooding, wildfires, homeland security activity, major police activity, terrorist attacks, or some other major natural or man-made disaster.

Depending on the nature of the emergency event or disaster, the City will provide at least thirty-six (36) hours’ advance notice to the contractor. The city Grant Administrator (GA) will alert the contractor to begin preparations for delivering catering services, as needed.

If the city awards to multiple vendors, selection shall be based on price and availability. The primary lowest responsive vendor shall have the first opportunity to perform under the agreement. The City, at its own discretion, may choose to request performance by multiple vendors at the same time based on the size and scope of the disaster or emergency event, if the City determines that only one vendor cannot meet the catering needs of an event on its own.

• GA shall notify Contractor to initiate mobilization at least 12 hours prior to the required arrival date and time.

• The City is not flexible on the time frame for mobilization.

• In the event the City cancels a request for catering prior to activation, there shall be no monetary compensation paid to

Contractor.

• If the City cancels services after activation, the City may be responsible for mobilization and de-mobilization charges.

• At that time, the City GA will verbally inform the contractor the nature of the emergency, the site/location of set-up, the type of food or meals required, the estimated quantity of food required, the serving times, the name and contact information for the City liaison, and any other relevant information.

Bidders must understand, depending on the nature of the disaster or emergency event, normal food suppliers or fuel providers in the area may be closed or non-operational. Bidders must make their own arrangements for refueling and re-stocking, to allow for the continued and uninterrupted service of the needs of the City when mobilized.

Bidder shall provide all staffing and staff accommodation, supervision, warmers, refrigeration, material, and other supplies to accomplish the full scope of work defined herein.

Note: Some exceptions may be made at the discretion of the City.

4.3. Meal Requirements

In an emergency event or disaster setting, the City employees and emergency work crews will be preparing to work and pre-stage at certain locations. They may also be working outside under extremely difficult and stressful conditions that can also be potentially hazardous. This work will require stamina and the expenditure of a great deal of energy during the course of recovery operations. The weather will play a significant role (hot and humid conditions) and will necessitate adequate hydration and proper nutrition to ensure relief of employee and worker’s stress and maintenance of their overall well-being.

• The Bidder shall provide a sample menu that includes foods that are nutritionally sound.

• Food must be of high quality and high energy (high Carbs and protein diets).

• Each meal must be properly prepared and should include the USDA recommended servings of protein, grains, fruits and vegetables.

• Meals shall be one- and one-half times that of a typical portion size.

• At a minimum, a hot food selection to be provided for breakfast, lunch and dinner.

• Meals should be buffet-style served by the vendor for breakfast, lunch and dinner.

• Boxed Meals shall be prepared no more than twelve (12/24) hours prior to serving.

• Meals must be prepared off-site.

4.4. Serving Times

The contractor should provide three (3) meals per day, per employee/worker, seven days a week, per hour of operation until such a disaster is deemed conclusive by the City. These times may change or vary depending on the nature of the disaster or emergency event.

• Breakfast: 6:00 AM – 8:00 AM

• Lunch: 11:30 AM – 1:00 PM

• Dinner: 6:00 PM – 8:30 PM

4.5. Food and Beverage

To assist vendors in understanding the City’s expectations, the following sample meal items represent the typical quality, nutritional value, and portion standards required under this contract. These examples are not exhaustive; however, all proposed menus must meet or exceed the overall quality and substance illustrated below. Vendors are required to submit their own sample breakfast, lunch, and dinner menus as part of their bid submittal:

• Breakfast:

o Various breakfasts: meat, eggs, sausage gravy and biscuits.

o Carbohydrates: hot oatmeal, grits, pancakes, French toast, waffles, potatoes, hash browns, home fries.

o Toast, bagel, biscuits, Danish, etc.

o Fresh whole fruit.

o Iced Tea (Sweet/Unsweet Tea).

o Juice.

o Milk.

o Iced Water.

o Hot Coffee.

• Lunch:

o Boxed to Go Meal:

▪ (2) “To Go” Sub’s/Wraps (Chicken, ham, turkey, beef, pork, etc.).

▪ Condiments.

▪ Chips, Popcorn, etc.

▪ Sweet/Unsweet Iced Tea.

▪ Iced Water.

o Lunch In House:

▪ Various meats, chicken, pork, or beef.

▪ Carbohydrates, pasta, potatoes, beans, rice, etc.

▪ Mixed vegetables, corn, baked beans, etc.

▪ Side salad, coleslaw, pasta salad.

▪ Fresh whole fruit.

▪ Dessert, assorted cakes, cookies, brownies.

▪ Iced Tea (Sweet/Unsweet).

▪ Iced Water.

• Dinner:

o Hearty items such as meatloaf, meat lasagna, pasta & meatballs, baked chicken, pork loin, or beef, etc.

o 1 Starch, pasta, potatoes, beans, rice, macaroni and cheese, etc.

o 2 Vegetables, corn, baked beans, etc.

o Garden salad with dressing, coleslaw, soup, citrus salad, etc.

o Dinner rolls, cornbread, biscuits, etc.

o Fresh whole fruit.

o Dessert, assorted cakes, cookies, brownies, fruit cobbler.

o Iced Tea (Sweet/Unsweet).

o Iced Water.

All meals provided should include but are not limited to:

• Condiments relevant to the meal provided:

o Individual mustard, ketchup, mayo, jelly, syrup, cream cheese packets.

o Butter pats.

o Salt and pepper.

o Salad dressing(s).

• Serving items such as disposable (recyclable materials preferred):

o Paper plates, large and small.

o Napkins.

o Plastic knives, forks and spoons.

o Beverage cups, lids, stirrers.

o Storage container for leftovers.

• Selection of beverages:

o Hot Coffee (decaf and regular).

o Iced tea (sweet and unsweetened).

o Iced water.

o Milk.

o Sugar and substitute sweetener packets.

o Dry coffee creamer, shaker or packets.

Note: Other meal related items are not mentioned.

4.6. City of Bartow Responsibilities

The City of Bartow's responsibilities include the following:

• Appoint the City liaison/point of contact for the contractor.

• The City GA shall work with the contractor to provide space, and other needs identified by the contractor.

• Provide a purchase order number, as soon as possible, to cover the estimated costs for the services.

• Provide site or location for set up and operation.

• Provide instruction on how lunches will be distributed.

o Served on location at the Bartow Civic Center 2250 S Floral Ave., Bartow 33830.

• Provide an estimated daily count for all meals required.

o Coordination shall be done at least 12 hours prior to the next day of operation.

• If requested by vendor(s) and approved by designated the City staff, access to the kitchen refrigerator(s) and freezer(s) for food storage.

• Provide recycling/trash bins for plastic, paper and food products.

• Notify the contractor promptly of any cancellation or changes, and work with the contractor in good faith to ensure that excess meals are unnecessarily prepared, to reduce waste, storage, and unnecessary costs.

• The City shall track each meal consumed.

4.7. Contractor's Responsibilities

The Contractor's responsibilities include the following:

• Contractor must be able to mobilize, stage and provide the required services within twelve (12) hours of notice to be activated by the City.

• Contractor shall appoint one (1) of its employees as the liaison and key contact for the duration of the event to coordinate with the City GA.

• Provide emergency contact phone number(s) that will allow twenty-four (24) hours, seven (7) days per week contact for services.

• Contractor must prepare meals off site.

• Contractor is solely responsible for ensuring the delivery, proper and necessary set-up, serving meals, and final clean-up upon request of the City. Use of the City facilities will be at no charge to the contractor. However, if any damages occur at the

Civic Center directly resulting from activities of the provider, the Contractor will be responsible for the repair of such damage to its pre-damaged condition.

• Contractor is responsible for all of their personnel while on the City property.

• Contractor shall provide an adequate number of employees to operate the site.

• Contractor shall provide staff to manage and supervise the preparation of all meals.

• Contractor shall comply with all applicable state and county health and safety codes related to food preparation.

• All areas that the contractor operates shall be cleaned and sanitized on a regular basis per standard operating procedures.

• Contractor shall provide staff to supervise the daily cleaning and sanitation of the assigned area(s) and oversee kitchen equipment.

• All employees of the contractor shall be instructed on proper hygiene and appropriate dress while catering/serving the City.

• Contractor is responsible for all sub-contractors, if used.

• All food and food products shall be stored and served at the recommended temperatures and at suitable location(s).

• Provide recyclable materials, if available (paper products preferred over Styrofoam).

• Provide meals to feed approximately 100- 250 personnel per meal each day of operation.

o These numbers may increase or decrease based on events.

• Contractor shall be responsible for all ingredient purchases, drinks, receipts, storage, issue, handling, processing, packaging, preparation, staging, and clean-up before and after each meal.

• Leftovers shall be properly packaged and become the property of the City.

o Designated the City Civic Center storage area shall be determined by the City GA.

• Contractor’s administrative responsibilities for all transactions must be recorded in accordance with the Federal Emergency

Management Agency (FEMA) guidelines for reimbursement to the City.

o The contractor must be able to maintain all required documentation.

o The Contractor must be able to work closely with the City GA to make sure that all needs are met to provide the proper operation of the site.

4.8. Price Per Meal

Bidder shall propose a total cost, per meal, per person, per adult portion. The City will not pay any surcharges or additional fees such as additional travel or fuel fluctuation fees above the price per meal established in the contract. Price per meal shall include the actual labor costs and total cost of doing business, including but not limited to, the following charges:

• Overhead.

• Profit.

• Travel distance and time.

• Service charges and surcharges.

• Delivery.

• Fuel costs (propane, gas, diesel, electric, etc.).

• Food products and transportation, including beverages, condiments, accompaniments.

• All necessary catering and miscellaneous equipment.

• Refrigeration or warming equipment.

• Food preparation and serving.

• Serving items (plates, cups, eating and serving utensils, napkins, etc.).

• Tools, carts, trolleys, etc.

• Insurance charges.

• Fringe benefits.

• Set-up and tear-down costs.

• Transportation.

• Any other fee, charge, or cost related to providing the service (PLEASE NAME ALL OTHERS NECESSARY TO

PROVIDE THE SERVICES).

4.9. Negotiable Pricing

The City is willing to negotiate prices of food and/or supplies when and if they become scarce and must be obtained out of the normal scope of contractors’ supply territory(source) when a disaster occurs.

• Contractor must notify the City designated Staff of the need to purchase out of the vendors normal scope of supply chain.

• Contractor must request the price change to be mutually agreed upon in writing by both parties, subject to the same terms and conditions set forth herein.

4.10. Invoicing

Upon arrival of Contractor, the City Grant Administrator and Contractor shall estimate a period of time the catering services shall be required. The contractor shall provide a written estimate of cost, including a Unit Price List for those services.

The vendor will submit a dated invoice with a unique invoice number withing 30 days of service for payment to:

City of Bartow

Attn: Grant Administrator

450 N. Wilson Ave

Bartow, FL 33830

The city will pay based on the number of meals ordered.

The city is exempt from paying taxes. A tax-exempt certificate will be provided.

Each invoice submitted by the Contractor, shall include the following:

• Invoice number.

• Invoice date.

• Date work was performed.

• Detailed description of work performed.

• Purchase order number.

• Project number as assigned by the City.

• Itemized actual meal count and fixed contract price per meal.

4.11. Mobilization Cost

Price of delivery and set-up, and breakdown shall be provided as separate line items on the Bid Sheet.

4.12. Location

Services shall be performed at the Bartow Civic Center located at 2250 S Floral Ave., Bartow, 33830 unless otherwise determined based on unavailability of pre-determined site or severity of emergency event.

The City reserves the right to accept all or part, or to decline the whole and to award this bid to one (1) or more Bidders. There is no obligation to buy. The bid, if awarded, will be, in the judgment of the City, the most responsive to the City’s needs.

SECTION 5: STANDARD TERMS AND GENERAL CONDITIONS

5.1. Independent Vendor

The Bidder represents itself to be an independent vendor offering such services to the general public and shall not represent itself or its employees to be employees of the City of Bartow. Therefore, the Bidder shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, and other expenses, and agrees to indemnify, save, and hold the City of Bartow, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters.

5.2. Subcontractors

The work required under this bid shall be performed by the entity submitting the bid. No subs are allowed.

5.3. Addenda, Changes and Interpretations

Bidders shall submit all inquiries regarding this bid via the e-Procurement Portal, located at https://procurement.opengov.com/portal/bartowfl. Any inquiry or request for interpretation received seven (7) or more days prior to the due date from the opening of the Bids will be given consideration. Please note the deadline for submitting inquiries. Changes or interpretations may only be made by a written document in the form of an addendum.

Addenda Notification: Bidders are required to register for an account via the City's e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project.

Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/bartowfl.

All addenda are part of the contract documents, and each Bidder will be bound by such addenda whether or not received by them. No verbal interpretations may be relied upon. Failure to acknowledge receipt of addenda may constitute grounds for deeming a proposal non-responsive.

5.4. Multiple Bids

More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Such circumstances will lead to rejection of all responses in which the bidder is involved except for subs. If there is reason to believe that collusion exists between bidders, those parties’ bids will be rejected and deemed for City purposes to be a conviction of a public entity crime.

5.5. Variances

For purposes of bid evaluation, Bidders must indicate any variances, no matter how slight, from the ITB General Conditions, Special

Conditions, Specifications or Addenda. No variations or exceptions by a Bidder will be considered or deemed a part of the Bid submitted unless such variances or exceptions are listed in the ITB and referenced in the space provided on the Bid pages. If variances are not stated, or referenced as required, it be assumed that the product or service fully complies with the City’s terms, conditions, and specifications.

5.6. Omission of Details

The apparent silence of the specifications and any amendment regarding any details or the omission from the specifications of a detailed description concerning any services or material requested shall be regarded as unintentional and should not serve to alleviate the Vendor of their performance responsibilities.

5.7. Mistakes

Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, and special conditions of the Invitation to Bid. Failure of the Bidder to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in any ensuing contract and may lead to rejection of a bid.

5.8. Bidder’s Cost

The City shall not be liable for any costs incurred by Bidders in responding to this ITB.

5.9. Rejection of Bids

The City of Bartow reserves the right to reject any or all bids in whole or part, to accept or reject any items in the bid, and to waive any informalities and to accept any bid deemed in the best interest of the City of Bartow.

5.10. Qualifications Statement

Each Bidder shall complete the Qualifications Statement, and submit the same with the Bid. Failure to submit the Qualifications

Statement and the documents required there under with the Bid may constitute grounds for deeming the bid non-responsive.

5.11. Licenses and Certifications

Bidder shall be appropriately licensed to perform the services offered. Bidders shall possess, at the time of bid opening, all required licenses and certifications. Bidder shall be responsible for all costs associated with obtaining and maintaining all required licenses, certifications, and permits. Copies of all licenses and certifications shall be submitted with the response.

5.12. Insurance

The Bidder’s response shall include a copy of any certificate of insurance which provides evidence of insurability meeting the minimum insurance requirements of this ITB. The Bidder shall assume full responsibility and expense to obtain all necessary insurance.

5.13. Indemnification

The Vendor shall at all times indemnify, hold harmless and, at the City’s option, defend or pay for an attorney selected by the City to defend the City of Bartow, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of the Vendor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any ensuing contract including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action or demand, the Vendor shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City of, at City’s option, pay for an attorney selected by the City to defend the City of Bartow. The provisions and obligations of this section shall survive the expiration or earlier termination of any ensuing contract. To the extent considered necessary by the City, any sums due Vendor under any ensuing contract may be retained by City until all of the City’s claims for indemnification pursuant to the Contract have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the City.

5.14. Legal Requirements

Applicable provisions of all federal, state, and county laws, and local ordinance, rules, and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) attaching a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Bidder shall not constitute a cognizable defense against the legal effect thereof.

5.15. Cone of Silence

During the course of this solicitation, a Cone of Silence shall apply as follows:

• A Cone of Silence shall be in effect beginning upon the advertisement for requests for qualifications. The Cone of Silence shall terminate at the time the City awards one or more contracts for services or takes other action which ends the

Competitive Solicitation.

• Any person or entity that seeks a contract award or that is subject to being evaluated or having its response evaluated in connection with this solicitation, including a person or entity’s representative, shall not have any communication with any

City Commissioner, City management or their respective support staff or any person or group of persons appointed or designated by the City Manager to evaluate or make a recommendation relating to a contract award.

• The Cone of Silence shall not apply to written or oral communications with legal counsel for the City, the City's Purchasing

Department, or the City’s single point of contact.

• Any action in violation of this section shall be cause for disqualification of the bid. The determination of a violation shall be made by the City.

• Information and materials received by the City in connection with a Bidder’s response shall be deemed to be public records subject to public inspections. However, certain exemptions to the public records law are statutorily provided for in Section

119.07, F.S. Section 119.07, F.S. provides an exemption from public records law for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

5.16. Confidential Information

If the Bidder believes any of the information contained in the response is exempt from the Public Records Law, then the Bidder must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records.

5.17. Public Records

Vendor acknowledges the City’s obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to member of the public upon request. Vendor acknowledges that the City is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, in the handling of the materials created under this contract and that said statue controls over the terms of this contract. Vendor further acknowledges its obligation under Florida Statute 11930701, which include the requirements to a) keep and maintain public records required by the City to perform the service, b) upon request from the

City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law, c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Vendor does not transfer the records to the City, and d) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of Vendor, or keep and maintain public records required by the City to perform the City. If Vendor transfers all public records to the City upon completion of the Contract, Vendor shall destroy and duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of the Contract, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the IT systems of the City. A request to inspect or copy public records relating to the City’s contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify Vendor of the request, and Vendor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. NOTE: If Vendor does not comply with the City’s request for records, the City shall enforce the Contract provisions in accordance with the Contract. A Vendor who fails to provide the public records to the City with a reasonable time may be subject to the penalties under 119.10.

IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT: CITY OF BARTOW, CITY CLERK’S OFFICE, 863-534-0100, JPOOLE.CLERKS@CITYOFBARTOW.NET; 450 N. WILSON AVENUE, BARTOW, FLORIDA 33830.

5.18. Public Entity Crimes

A person or affiliate, as defined in 287.133, Florida Statutes, shall not be allowed to contract with the City if such person or affiliate has been convicted of a public entity crime within three (3) years of the date this Contract, or such person or affiliate was listed on the mailto:JPOOLE.CLERKS@CITYOFBARTOW.NET

State of Florida’s convicted vendor list within three (3) years of the date of this Contract, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency, federal, state or local, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any agreement with the City obtained in violation of this paragraph shall be subject to termination for cause.

5.19. Laws of the State of Florida

The Contract will be construed and enforced in accordance with the laws of the State of Florida.

5.20. Sovereign Immunity

The foregoing notwithstanding, nothing herein is intended to act as a waiver of the City’s sovereign immunity or the limits of liability set forth in Sec. 468.28, Fla. Stat., regardless of whether such obligations are based in tort, contract, statute, strict liability, negligence, product liability, or otherwise.

5.21. Venue

This Contract shall be deemed made in the State of Florida and shall be construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. In recognition of the City’s sovereign immunity and home venue privilege, the City and Vendor agree that any civil action arising out of the subject matter of this Contract, or the Contract Documents shall be brought either in the

County Court in and for Polk County, Florida, or the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida, the choice of which shall be dependent upon each tribunal’s jurisdictional limits. The Parties agree that no civil action arising out of the subject matter of this Contract may be brought in a federal venue regardless of the cause of action, citizenship of the parties or the claimed amount in controversy.

5.22. Anti-Collusion

The Bidder certifies that it has not divulged, discussed, or compared its bid with other bidders, except subcontractors if they form part of the response and has not…