CN-700000-18013.pdf

Agency Term Contract

ATC-18-013

Swill Removal - Madison CI and WC

This Contract is between the State of Florida, Department of Corrections (Department), an agency of the State of Florida with offices at 501 S. Calhoun Street, Tallahassee, FL 32399, and Robert Houston Jr. (Contractor).

The Contractor responded to the Department’s Invitation to Bid (ITB), No: FDC ITB-18-018, Swill Removal. The Department has accepted the Contractor’s negotiated bid, pricing, terms, and conditions, and enters into this Contract in accordance with the terms and conditions of the ITB and Section 287.057(5), Florida Statutes (F.S.).

Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows:

I. Scope of Work

The services and/or commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibits A and B.

II. Contract Term

The initial term of Contract is for five (5) years. The initial Contract term shall begin on July 1, 2018, or on the last date in which it is signed by all parties, whichever is later.

III. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed five (5) years, or portions thereof, at the renewal pricing specified in the Contractor’s original submission, upon mutual agreement of the parties as set forth in the Contract.

IV. Contract

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Exhibits:

a) Exhibit A: FDC ITB-18-018 and all Addenda; and

b) Exhibit B: The Contractor’s negotiated pricing to FDC ITB-18-018.

(Rev. 04/09/18) 2

In case of conflict, the documents shall have priority in the order listed:

a) The Agency Term Contract;

b) Exhibit A: FDC ITB-18-018 and all Addenda; then

c) Exhibit B: Contractor’s negotiated Pricing

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties, with the exception of changes to Section VII., below. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A.

Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VI. Contract Notices

In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor’s designated contact person as prescribed in Section VII.

VII. Contract Management

The Department employee who is primarily responsible for maintaining the Contract Administration file is:

ATC Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun St., Suite 317 Tallahassee, FL 32399 Telephone (850) 717-3700 Email: purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

Loran Schrader, Correctional Services Consultant Office of Institutions Florida Department of Corrections 501 S. Calhoun St.

Tallahassee, FL 32399-2500 Telephone: (850) 717-3671 Email: Loran.Schrader@fdc.myflorida.com mailto:purchasing@fdc.myflorida.com mailto:Loran.Schrader@fdc.myflorida.com

(Rev. 04/09/18) 3

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Department’s Contract Manager, or designee.

The Contractor has assigned the following individuals to serve as the designated contact person for this Contract:

Primary Contact:

Robert Houston Jr.

7939 SW SR 247

Lake City, FL 32024 Telephone: (386) 623-1152 Email: rnhroostersnhens@gmail.com

All questions and customer service issues concerning this Contract shall be directed to the Contractor’s designated contact(s), above. It will be the designated contact’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Department’s Contract Manager, or designee, if a new employee is designated as the contact person for this Contract.

VIII. Termination

A. Termination at Will

This Contract may be terminated by either party at will upon no less than 30 calendar days’ written notice, unless a shorter period of time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Because of Lack of Funds

In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours’ written notice to the Contractor.

Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method of delivery whereby an original signature is obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of 30 calendar days’ written notice by the Department, the Department may terminate this Contract upon 24 hours’ written notice. The Department, at its exclusive option, shall make the determination as to whether a period of time will be provided for the Contractor to cure a breach of Contract. If egregious in nature, a breach may result in immediate termination for cause, with 24 hours’ written notice, as described in this mailto:rnhroostersnhens@gmail.com

(Rev. 04/09/18) 4 section. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code (F.A.C.). The provisions herein do not limit the Department’s right to remedies at law or to damages.

D. Termination Because for Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

IX. Assignment

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Manager. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor.

X. Subcontracts

The Contractor is fully responsible for all work performed under this Contract. The Contractor may, upon receiving written consent from the Department’s Contract Manager, or designee, enter into written subcontract(s) for performance of certain functions under this Contract. No subcontract, in which the Contractor enters with respect to performance of any of its functions under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. All payments to subcontractors shall be made by the Contractor.

It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract. All subcontractors are subject to the same background check requirements as are referenced in Exhibit A.

XI. Price Adjustments

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated.

XII. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations.

(Rev. 04/09/18) 5

XIII. Delivery

Product(s) shall be shipped as Free on Board (FOB) to the designated destination, and arrive within the time agreed upon between the Contractor and the Department after the order is placed.

Deliveries of goods, or provision of services, must be between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

XIV. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as 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 the Contractor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to §287.058(1)(c), F.S, the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from §24(a) of Art. I of the State Constitution and either §119.07(1), F.S. or §119.071, F.S.

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this Contract, contact the custodian of public records at:

Florida Department of Corrections ATTN: Public Records Unit

(Rev. 04/09/18) 6

501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3605 Fax: (850) 922-4355 Email: CO.PublicRecords@fdc.myflorida.com

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individual receiving services in accordance with applicable local, state, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e. FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing by said Department.

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Chief Financial Officer (CFO), or designee. The CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Contract Managers and the Contract Administrator.

D. Notices

All notices required or permitted by this Contract shall be given in writing and by hand-delivery or email to the respective parties. All notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Both parties may change their contact information and Contract Manager by written notice given to the other party as provided above.

E. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA) Federal Rule 28 C.F.R. Part 115 to the Department’s Contract Manager.

mailto:CO.PublicRecords@fdc.myflorida.com

(Rev. 04/09/18) 7

F. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract. Upon the execution of this Contract, the Contractor shall furnish the Department’s Contract Manager, or designee, written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a state agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party’s liability beyond that provided in Section 768.28., F.S.

G. Employee Status

This Contract does not create an employee/employer relationship between the parties.

It is the intent of the parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities.

This Contract shall not be construed as creating any joint employment relationship between the Parties and neither party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum wages and/or overtime premiums.

(Rev. 04/09/18) 8

H. Force Majeure

Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption or performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

I. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract.

J. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

K. Scrutinized Companies Contractor Certification

The Contractor certifies they are not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the resulting Contract exceeds $1,000,000.00 in total, not including renewal years, the Contractor certifies that they are not listed on either the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Sections 215.473, F.S., and 215.4725, F.S., and further certifies they are not engaged in business operations in Cuba or Syria. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Contractor agrees the Department may immediately terminate the resulting Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the resulting Contract. Any company that submits a bid or proposal for a Contract, or intends to enter into or renew a Contract with an agency or local governmental entity for goods or services, of any amount, must certify that the company is not participating in a boycott of Israel.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

EXHIBIT A

INVITATION TO BID (ITB)

FOR

SWILL REMOVAL

FDC ITB-18-018

RELEASED ON

October 17, 2017

By the:

Bureau of Procurement 501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to Procurement Officer:

GERRI FAIRCLOTH

purchasing@fdc.myflorida.com

Page 2 of 31 FDC ITB-18-018

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

1.2 Contract/Purchase Order

1.3 Conflicts and Order(s) of Precedence

1.4 Definitions

2.2 Permit to Feed Garbage to Swine

2.3 Foreign Materials

2.4 Sterilizing Swill for Feeding

2.5 Cooking Garbage Requirements

2.6 Fines and/or Penalties

2.7 Financial Consequences

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Modifications after Contract Execution

3.2 Addition/Deletion of Items

3.3 Mandatory Documentation

3.4 Records and Documentation

3.5 Price Page

3.6 Purchasing Card Program (PCard)

3.7 Vendor Ombudsman

3.8 Payment and Invoicing

3.9 Contract Management

3.9.1 Department’s Contract Manager

3.9.2 Contract Administrator

3.10 Security Guidelines

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 Instructions to Respondents (PUR 1001)

4.2 Bidder Inquiries

4.3 Cost of Bid Preparation

4.4 Instructions for Bid Submittal

4.5 Disclosure of Bid Submittal Contents

4.6 Bid Opening

4.7 Bid Evaluation

4.8 Basis of Award

4.9 Disposal of Bids

4.10 Bid Rules for Withdrawal

4.11 Addenda

4.12 Verbal Instruction Procedure/Discussions

4.13 No Prior Involvement and Conflict of Interest

4.14 State Licensing Requirements

Page 3 of 31 FDC ITB-18-018

4.15 MyFloridaMarketPlace (MFMP) Registration

4.16 Certificate of Authority

4.17 Confidential, Proprietary, or Trade Secret Material

4.18 E-Verify

4.19 Vendor Substitute W-9

4.20 Contractor Certification

4.21 Identical Tie Bids

4.22 Rejection of Bids

4.23 Inspector General

4.24 Protest Procedures

SECTION 5.0 SPECIAL CONDITIONS

5.1 General Contract Conditions (PUR 1000)

5.2 State Initiatives

5.3 Subcontracts

5.4 Copyrights, Right to Data, Patents and Royalties

5.5 Independent Contractor Status

5.6 Assignment

5.7 Severability

5.8 Use of Funds for Lobbying Prohibited

5.9 Employment of Department Personnel

5.10 Legal Requirements

5.11 Insurance

ATTACHMENT II – BIDDER’S CONTACT INFORMATION

ATTACHMENT III - PURCHASE ORDER TERMS AND CONDITIONS

ATTACHMENT IV – CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM………..29

ATTACHMENT V- SECURITY REQUIREMENTS…………………………………………………30

Page 4 of 31 FDC ITB-18-018

TIMELINE

EVENT DATE/TIME LOCATION

Release of ITB October 17, 2017 Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

Last Day for Written Inquires to be

Received by the Department

October 24, 2017 by 5:00 p.m., Eastern Time

Submit to:

Gerri Faircloth, Procurement Officer Email: purchasing@fdc.myflorida.com

Anticipated Posting of Written

Responses to Written Inquires

November 14, 2017 Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Bids Due and Opened

December 1, 2017 at 2:00 p.m., Eastern Time

Submit to:

Gerri Faircloth, Bureau of Procurement 501 South Calhoun Street Tallahassee, Florida 32399-2500

Anticipated Posting of

Recommended Award

January 4, 2017

Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

Page 5 of 31 FDC ITB-18-018

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure competitive bids, from qualified Bidders, to provide swill removal for Department Facilities within the State of Florida. The Facilities with addresses requiring services are listed on Attachment I, Price Page. The Bidder shall furnish the services in accordance with Section 2, Scope of Services.

1.2 Contract/Purchase Order

As a result of this ITB, the lowest responsive and responsible Bidder(s) will be awarded a two (2) year Agency Term Contract, which may be renewed for up to three (3) renewal years, or portions thereof, in accordance with Section 287.057(13), Florida Statutes (F.S.), at the same prices, terms, and conditions. Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) purchase orders.

1.3 Conflicts and Order(s) of Precedence

All Bids are subject to the terms of the following sections of this ITB, which in case of conflict shall have the following order of precedence:

(1) Addenda, in reverse order of issuance;

(2) Invitation to Bid, including attachments;

(3) General Contract Conditions (Form PUR 1000) (Section 5.1); and

(4) General Instructions to Respondents (Form PUR 1001) (Section 4.1)

1.4 Definitions

The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

a. Bid: A Bidder’s response to this ITB, which the Bidder shall submit on approved forms.

b. Breach of Contract: A failure of the Bidder(s) to perform services or provide commodities in accordance with the terms and conditions of the Contract which may result from this ITB.

c. Contract: The agreement which results from this ITB, between the awarded Vendor and the Department. This may be in the form of a purchase order.

d. Contractor: The organization or individual providing services to the Department, in accordance with the terms of the Contract which results from this ITB.

e. Department: The Florida Department of Corrections (FDC).

f. Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Bid. Any Bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed further.

g. Material Deviation(s): The Department has established certain requirements with respect to Bids submitted. The use of shall, must, or will (except to indicate the future) in this ITB indicates a requirement, or condition, which may not be waived by the Department, except

Page 6 of 31 FDC ITB-18-018 where the deviation is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with the ITB’s requirements, provides an advantage to one Bidder over other Bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department. Material deviations cannot be waived, and shall be the basis for determining a Bid non-responsive.

h. Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, giving the Bidder an advantage or benefit not enjoyed by other Bidders; does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a Bid.

i. PCard: Refers to the State of Florida’s purchasing card program, using the Visa platform.

j. Responsible Bidder: A Bidder who has the capability to fully perform all aspects of the resultant Contract requirements, and the integrity and reliability that will assure good faith performance.

k. Responsive Bid: A Bid, submitted by a responsible Bidder, which conforms to all material aspects of the solicitation.

l. Specifications: The detailed conditions of the Contract, including technical specifications, and other descriptions of the work, as set forth in the Contract documents.

m. Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Bidder, specifically related to securing, or fulfilling, the Bidder’s obligations to the Department, under the terms of the Contract resulting from this ITB.

n. Vendor or Bidder: A legally qualified corporation, partnership or other entity submitting a Bid to the Department, pursuant to this ITB.

SECTION 2.0 SCOPE OF SERVICES

2.1 Scope of Services

The Bidder shall furnish all equipment, machinery, tools, containers, labor, transportation, and required licensure necessary to completely remove all swill from each location. The Bidder must provide all required containers needed to hold the swill until removed.

2.2 Permit to Feed Garbage to Swine

In accordance with Section 585.48 – 585.49, F.S., and rules of the Florida Department of Agriculture and Consumer Services (DOACS), the Bidder must hold a Permit to Feed Garbage to Swine, issued and regulated by the DOACS, Division of Animal Industry.

2.3 Foreign Materials

The Department will make every effort to ensure that foreign materials are not discarded with the food waste. However, this is not always preventable. The Bidder must continue to pick up the swill and clean foreign material from swill prior to cooking/processing.

Page 7 of 31 FDC ITB-18-018

2.4 Sterilizing Swill for Feeding

Section 585.50, F.S. requires all garbage being fed to animals to be heated, cooked, treated, or processed under temperature, pressure, process or method, and for such a period of time, as is necessary to render the product free of any contagious, infectious, or communicable disease which might affect either animals or humans.

2.5 Cooking Garbage Requirements

The Bidder must ensure adequate cleanliness of vehicles, equipment, and facilities that handle swill products. The Bidder’s cooker must have a capacity and ability to raise the temperature of the material to 212 degrees Fahrenheit and hold that temperature for 30 minutes. The Bidder must have the capabilities to meet all requirements listed on the Request for Permit to Feed Garbage to Swine application. The Bidder shall provide a signed statement of compliance with these provisions prior to Contract execution.

2.6 Fines and/or Penalties

The Bidder shall be completely responsible for the swill once it is loaded onto the Bidder’s truck. The Bidder shall maintain all records, properly haul, and handle all swill products in strict accordance with Section 585.52, F.S. If any fines and/or penalties are assessed, for non-compliance, the Bidder shall be solely responsible for payment, and/or remedy.

2.7 Financial Consequences

The parties acknowledge that the late performance of services will interfere with the timely and proper completion of the Department’s operations, and would cause loss and damage to the State. Further, it would be impracticable and extremely difficult to fix the actual damage sustained by the State as a result of any such delay. The parties agree upon a reasonable amount of financial consequences, which are not intended to be a penalty, and are solely intended to incentivize performance under the resulting Contract. Accordingly, unless otherwise stated in this ITB, financial consequences shall be assessed in the amount of $100 per day the Bidder fails to deliver services, after the time allowed by the Contract or subsequent PO, subject to the force majeure provisions of the resulting Contract. Allowing completion of work, after the time allowed, shall not act as a waiver of financial consequences by the Department.

Nothing in this section shall be construed to make the Bidder liable for delays that are beyond its reasonable control. The Department’s Contract Manager, or designee, will determine the standard of reasonable in this scenario.

Nothing in this section shall limit the Department’s right to pursue remedies for other types of damages.

Page 8 of 31 FDC ITB-18-018

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Modifications after Contract Execution

During the term of the Contract, the Department may unilaterally require changes (altering, adding to, or deducting from the specifications) provided such changes are within the general scope of this solicitation.

The Bidder may request an equitable adjustment in the price(s) or delivery date(s). If the change affects the cost or time of performance, then such equitable adjustments require the express written approval of the Department.

The Department shall provide written notice to the Bidder 30 days in advance of any Department-required changes to the technical specifications, and/or scope of service, which affect the Bidder’s ability to provide the service as specified herein. Any changes, other than purely administrative changes, will require a written change order or formal Contract amendment.

3.2 Addition/Deletion of Items

The Department reserves the right to add or delete commodities in the resulting Contract, when considered to be in its best interest. Pricing shall be comparable to amounts awarded as a result of this

ITB.

3.3 Mandatory Documentation

All Bidders must submit the following mandatory documentation with their Bid:

(1) Price Page – Attachment I; and

(2) Respondent’s Contact Information – Attachment II.

3.4 Records and Documentation

To the extent that information is utilized in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of “public record,” as defined in Section 119.011(1), F.S., said information is recognized by the parties to be a public record and, absent a provision of law or administrative rule or regulation requiring otherwise, shall be made available for inspection and copying by any person upon request as provided in Chapter 119, F.S. The Bidder agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department 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, F.S., 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 the Bidder does not transfer the records to the Department; and

(d) upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the Bidder or keep and maintain public records required by the Department to perform the service. If the Bidder transfers all public records to the Department upon completion of the contract, the Bidder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Bidder keeps and maintains public records upon completion of the contract, the Bidder shall meet all applicable requirements for retaining public

Page 9 of 31 FDC ITB-18-018 records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB shall be retained by the Bidder for a period of five (5) years after the termination of the resulting contract or longer as may be required by any renewal or extension of the Contract. Pursuant to Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Bidder to allow public access to all documents, papers, letters, or other material made or received by the Bidder in conjunction with the contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and either Section 119.07(1) and 119.0711, F.S.

The Bidder further agrees to hold the Department harmless from any claim or damage including reasonable attorney’s fees and costs or from any fine or penalty imposed as a result of failure to comply with the public records law or an improper disclosure of confidential information and promises to defend the Department against the same at its expense.

3.5 Price Page

The Bidder shall complete, sign, date, and return Attachment I, Price Page. By submitting a Bid(s) under this ITB, each Bidder warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Bidder can offer the State. Any modifications, counter offers, deviations, or challenges will not be accepted, and may render a Bid non-responsive.

If a submitted Price Page includes inconsistencies, inaccuracies, or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors, however, in the event of any miscalculation, unit prices shall prevail.

3.6 Purchasing Card Program (PCard)

The State of Florida has implemented use of a PCard, using the Visa platform. Upon mutual agreement of both parties, the Bidder receive payments via the PCard in the same manner as other Visa purchases.

To find out more about the State’s purchasing card program visit: www.dms.myflorida.com.

3.7 Vendor Ombudsman

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Department of Financial Services’ Toll Free Hotline, 1-800-342-2762.

3.8 Payment and Invoicing

Pricing for the Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Bidder upon delivery of requested commodities, as specified in Attachment I, Price Page.

All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Bidder must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/FEIN, Contract number, and items provided.

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3.9 Contract Management

3.9.1 Department’s Contract Manager

The Contract Manager for this Contract will be:

Michael Harrell, Chief Bureau of Security Operations Florida Department of Corrections 501 S. Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3522 Email: Michael.Harrell@fdc.myflorida.com

The Contract Manager will:

1) Serve as the liaison between the Department and the Bidder;

2) Verify receipt of the deliverables from the Bidder, if applicable;

3) Submit requests for change orders, if applicable;

4) Review, verify, and approve invoices from the Bidder, if applicable;

5) Communicate with the Contract Administrator to process all amendments, renewals and termination of the Contract; and

6) Evaluate Bidder performance. This evaluation will be placed on file and will be considered if the Contract is subsequently used as a reference in future procurements.

The Contract Manager may delegate the following functions to the designated Department staff:

1) Verifying deliverables received from the Bidder;

2) Monitoring the Bidder’s performance; and

3) Reviewing, verifying and approving invoices.

3.9.2 Contract Administrator

The Contract Administrator for this Contract will be:

ATC Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun, Suite 311 Tallahassee, FL 32399-2500 Telephone (850) 717-3700

The Contract Administrator will:

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1) Maintain the Contract Administration file, which is the official Contract file of record;

2) Process all Contract amendments, renewals and requests for termination; and

3) Maintain the official records of all formal correspondence between the Department and the Bidder provided by the Contract Manager for filing in the Contract Administration file.

3.10 Security Guidelines

For services performed under the resultant Contract, the successful Bidder(s), and its employees and agents, shall adhere to Attachment V, Security Requirements for Contractors.

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 Instructions to Respondents (PUR 1001)

The General Instructions to Respondents are outlined in form PUR 1001 which is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within form PUR 1001.

There is no need to return this document with the response. The PUR 1001 can be obtained at http://dms.myflorida.com/content/download/2934/11780.

4.2 Bidder Inquiries

Questions related to this ITB must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline. The VBS is located at: http://vbs.dms.state.fl.us/vbs/main_menu.

Procurement Officer Contact Information Gerri Faircloth, Procurement Officer Bureau of Procurement

Between the release of the solicitation, and the end of the 72 hour period following posting of notice of intention to award (72 hour period excludes Saturdays, Sundays, and State holidays), Bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in the solicitation documents.

Violation of this provision may be grounds for rejecting a response, as per Section 287.057(23), F. S.

Any person requiring special accommodation in responding to this solicitation, because of a disability, should call the Bureau of Procurement, at 850-717-3700, at least five (5) days prior to any pre-solicitation conference, solicitation opening or meeting. For the hearing or speech impaired, please

Page 12 of 31 FDC ITB-18-018 contact the Bureau of Procurement by using the Florida Relay Service, which can be reached at 1-800-

955-8771 (TDD).

4.3 Cost of Bid Preparation

Neither the Department, nor the State of Florida, is liable for any costs incurred by a Bidder in response to this ITB.

4.4 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are discouraged. Emphasis in each Bid must be on completeness and clarity of content. In order to expedite the review of Bids, it is essential that Bidders follow the format and instructions:

(1) Bids may be sent by U.S. Mail, Courier, Overnight, or hand delivered to the location indicated in the Timeline. Electronic submission of Bids will not be accepted for the ITB;

(2) All Bids must be submitted in a sealed envelope/package with the relevant ITB number and the date and time of the bid opening clearly marked on the outside of the envelope/package;

(3) It is the Bidder’s responsibility to assure its Bid submittal is delivered to the proper place and time as stipulated in the Timeline. The Department’s clocks will stamp Bids received, and provide the official time for bid opening;

(4) Late Bids will not be accepted; and

(5) Submit one (1) original Bid, and one (1) electronic copy in searchable PDF format on a

CD. The electronic copy must contain the entire Bid, as submitted, including all supporting and signed documents. If the Bidder submits a redacted copy of the Bid, as outlined in Section 4.18, the Bidder should submit one (1) redacted hard copy and one (1) redacted electronic copy, in searchable PDF format (in addition to the non-redacted version), on CD.

CDs submitted should not be password protected.

4.5 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department, and may not be removed by the Bidder or its agents. All Bid responses shall become the property of the Department and shall not be returned to the Bidder. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any Bid. Selection or rejection of a Bid shall not affect this right.

4.6 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid opening date and time) will not be accepted, nor considered, and modification by the Bidder of submitted Bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a Bid response if it is not properly sealed, addressed, or identified. The name of all Bidders submitting Bids will be made available to interested parties, upon written request to the Procurement Officer.

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4.7 Bid Evaluation

Bids that do not meet the requirements specified in this ITB may be considered non-responsive. The Department reserves the right to accept, or reject, any and all responses, or separable portions thereof, and to waive any minor irregularity, technicality, or omission(s), if the Department determines that doing so will serve its best interest(s). The Department may reject any response not submitted in the manner specified by the solicitation documents.

4.8 Basis of Award

An award shall be made to the lowest responsive, responsible Bidder with the lowest Total Cost Per Month, for each location, as specified on Attachment I, Price Page. A Bidder may only bid on the locations for which he/she would like to be considered, and is not required to bid on all locations to be found responsive.

In the event the low cost Bidder is found non-responsive, the Department may proceed to the next lowest cost responsive Bidder and continue the award process.

Bids must be firm prices, and where products are included, shall include all packaging, handling, shipping and delivery charges, and environmental & fuel service fees.

4.9 Disposal of Bids

All Bids become the property of the State of Florida and will be a matter of public record, subject to the provisions of Chapter 119, F.S.

4.10 Bid Rules for Withdrawal

A submitted Bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the Bidder, and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted Bid shall remain valid for 180 days from the bid submission date, unless a different amount of time is indicated by the Department.

4.11 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, information will be posted on the Florida Vendor Bid System (http://vbs.dms.state.fl.us/vbs/main_menu). Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

4.12 Verbal Instruction Procedure/Discussions

The Bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any State employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the State. Additionally, only written communications from a Bidder are recognized as duly authorized expressions on behalf of the Bidder.

Any discussion by a Bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said Bidder’s response.

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4.13 No Prior Involvement and Conflict of Interest

Section 287.057(17)(c), F.S., provides, “A person who receives a Contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent Contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other Contracts dealing with that specific subject matter, and any firm in which such person has any interest in not eligible to receive such Contract. However, this prohibition does not prevent a Vendor who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The Bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent, or employee of the Bidder. Officers, agents, or employees of the Department shall not have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The Bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

4.14 State Licensing Requirements

All entities defined under Chapters 607, 617 or 620, F.S., seeking to do business with the Department shall be on file and in good standing with the State of Florida, Department of State.

4.15 MyFloridaMarketPlace (MFMP) Registration

Each Bidder doing business with the State of Florida as defined in Section 287.012. F.S., must register in the MFMP Vendor Information Portal (VIP) system, unless exempted under Rule 60A-1.030, Florida Administrative Code (F.A.C.). State agencies shall not enter into an agreement for the sale of commodities or contractual services, as defined in Section 287.012, F.S., with any Bidder not registered in the MFMP VIP system, unless exempted by Rule. A Bidder not currently registered in the MFMP VIP system shall do so within five days of award.

Registration may be completed at: http://vendor.myfloridamarketplace.com. Those needing assistance may contact the MFMP Customer Service Desk at 866-352-3776 or vendorhelp@myfloridamarketplace.com.

4.16 Certificate of Authority

All corporations, limited liability companies, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State, in accordance with the provisions of Chapter 607, 608, 617, and 620, F.S., respectively.

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4.17 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Bidder must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe, in writing, the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption.