PQ_11-102-KM.pdf

Board of County Commissioners County Administrator

Karen T. Marcus, Chair Robert Weisman Shelley Vana, Vice Chair Paulette Burdick Steven L. Abrams Burt Aaronson Purchasing Department Jess R. Santamaria Priscilla A. Taylor www.pbcgov.com/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

11-102/KM

REQUEST FOR PRE-QUALIFICATION OF VENDORS FOR

FOOD, FRESH / FROZEN / CANNED, BREAD & BAKERY, MILK & DAIRY,

TERM CONTRACT

SUBMISSION DATE: SEPTEMBER 08, 2011 AT 2:00 P.M.

It is the responsibility of the respondent(s) to insure that all pages are included. Therefore, all respondent(s) are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616-6800.

RESPONDENT(S) SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO

SHALL BE CAUSE FOR REJECTION OF YOUR SUBMITTAL.

Please use our website (www.pbcgov.com/purchasing) as a resource for obtaining useful information about the Purchasing Department and for receiving updated information regarding additional business opportunities with the County.

C A U T I O N As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our website at http://www.pbcgov.com/purchasing. It is the vendor’s sole responsibility to routinely check this website for any amendments that may have been issued prior to responding to all solicitations.

Palm Beach County shall not be responsible for the completeness of any Request for Pre-Qualification that was not downloaded from the above website or obtained directly from the Purchasing Department.

In accordance with the provisions of ADA, this document may be requested in an alternate format.

50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199

(561) 616-6800 FAX: (561) 616-6811

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

Request for Pre-Qualification

REQUEST #: 11-102/KM

TITLE: Pre-Qualification of Vendors for Food, Fresh / Frozen / Canned, Bread & Bakery, Milk & Dairy, Term Contract

All Responses will be received on or after September 08, 2011 and may continue during the term specified herein at the County's sole discretion.

SUBMIT QUALIFICATIONS TO: PALM BEACH COUNTY PURCHASING DEPARTMENT, ATTN.: KRISTEN A. MONNETT, SENIOR BUYER, 50 S. MILITARY TRAIL, SUITE #110, WEST PALM BEACH, FL 33415.

This Request for Pre-Qualification, General Conditions, Instructions to Respondent(s), Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this Request for Pre-Qualification solicitation and response thereto, and by reference are made a part thereof. The selected awardee(s) shall be bound by all terms, conditions and requirements in these documents.

PURPOSE AND EFFECT: It is the sole purpose and intent of this Request for Pre-Qualifications to select a sufficient number of Qualified Contractor(s) to provide the County with item(s) and/or services as listed herein. The Pre-Qualified Contractor(s) selected are hereby placed on notice that acceptance of its Request for Pre-Qualification by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Respondent(s) are advised that this package constitutes the complete set of specifications, terms, and conditions which in addition to the recommended quotation, based on a project by project basis, forms the binding contract between Palm Beach County and the successful Pre-Qualified Contractor(s). Changes to this Request for Pre-Qualification may be made only by written amendment issued by the County Purchasing Department.

Respondent(s) are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response and, if required, will be provided to all prospective respondent(s), prior to opening. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Respondent(s) certifies that this Request for Pre-Qualification is made without reliance on any oral representations made by the County.

The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Respondent(s) shall in no way be a cause for relief from responsibility.

The successful Pre-Qualified Contractor(s) shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Respondent(s) certifies that all products (materials, equipment, processes, or other items supplied in response to this Request for Pre-Qualification) contained in its Request for Pre-Qualification meets all ANSI, NFPA and all other Federal and State requirements. Respondent(s) further certifies that, if it is the successful Pre-Qualified Contractor(s), and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the Pre-Qualified Contractor(s).

In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this Request for Pre-Qualification shall be accompanied by a properly completed Material Safety Data Sheet (MSDS).

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful Pre-Qualified Contractor(s) and Palm Beach County for any terms and conditions not specifically stated in the Request for Pre-Qualification.

b. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. The successful Pre-Qualified Contractor(s) is prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation.

c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful

Pre-Qualified Contractor(s) is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY.

All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the Pre-Qualified Contractor’s sole direction, supervision, and control. The Pre-Qualified Contractor(s) shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Pre-Qualified Contractor’s relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the

COUNTY.

d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to

Ordinance 2003-030, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of the County.

PURCHASING DEPT. CONTACT: Kristen A. Monnett, Senior Buyer TELEPHONE NO.: 561-616-6824

FAX NO.: 561-242-6724 EMAIL ADDRESS: kmonnett@pbcgov.com

County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as may be amended. The successful Pre-Qualified Contractor(s) is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the successful Pre-Qualified Contractor(s) acknowledges that its bid price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."

f. NON-COLLUSION: Respondent(s) certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment.

No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, removal from the vendor bid list(s), and/or debarment or suspension from doing business with Palm Beach County.

g. LOBBYING: Respondent(s) are advised that the “Palm Beach County

Lobbyist Registration Ordinance” prohibits a respondent or anyone representing the respondent from communicating with any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its Request for Pre-Qualification, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the Request for Pre-Qualification, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all Request for Pre-Qualifications, or otherwise takes action which ends the solicitation process.

Respondent(s) may, however, contact any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication i.e., facsimile, e-mail or U.S. mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

h. CONFLICT OF INTEREST: All respondent(s) shall disclose with their

Request for Pre-Qualification the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all respondent(s) shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the successful Pre-Qualified Contractor(s) firm or any of its branches.

i. SUCCESSORS AND ASSIGNS: The County and the successful Pre-

Qualified Contractor(s) each binds itself and its successors and assigns to the other party in respect to all provisions of this Contract.

Neither the County nor the successful Pre-Qualified Contractor(s) shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other.

j. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful Pre-Qualified Contractor(s) shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the successful Pre-Qualified Contractor(s), its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these Request for Pre- Qualification documents and/or resultant contract.

k. PUBLIC RECORDS: Any material submitted in response to this

Request for Pre-Qualification is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding respondent(s) might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, F.S.

l. INCORPORATION, PRECEDENCE, JURISDICTION: This Request for Pre-Qualification shall be included and incorporated in the final award. The order of contractual precedence shall be the Request for Pre-Qualification document (original terms and conditions), Request for Pre-Qualification response, the recommended quotation, based on a project by project basis, and purchase order or term contract order.

Any and all legal action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida.

m. LEGAL EXPENSES: The County shall not be liable to a respondent for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter generated by or relating to this contract.

3. REQUEST FOR PRE-QUALIFICATION SUBMISSION

a. SUBMISSION OF RESPONSES: All Request for Pre-Qualification responses must be submitted on the provided Request for Pre- Qualification "Response" Form. Request for Pre-Qualification responses on vendor letterhead/quotation forms shall not be accepted.

Responses must be typewritten or written in ink, and must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE REQUEST FOR PRE-

QUALIFICATION RESPONSE FORM AT THE INDICATED PLACES

SHALL BE CAUSE FOR REJECTION OF THE REQUEST FOR PRE-

QUALIFICATION. All responses will be received on or after the time indicated and may continue during the term specified. Request for Pre-Qualification responses are to be submitted to the Palm Beach County Purchasing Department in a sealed envelope or container, bearing the Request for Pre-Qualification number for proper handling.

b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in the Special Conditions of this Request for Pre-Qualification, respondent should include with its Request for Pre-Qualification a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the respondent(s) shown on the Request for Pre- Qualification response page. It shall also be the responsibility of the successful Pre-Qualified Contractor(s) to submit, prior to commencement of work, a current Business Tax Receipt for Palm Beach County and all permits required to complete this contractual service at no additional cost to Palm Beach County. A Palm Beach County Business Tax Receipt is required unless specifically exempted by law. In lieu of a Palm Beach County Business Tax Receipt, the respondent(s) should include the current Business Tax Receipt issued to the respondent(s) in the response. It is the responsibility of the successful Pre-Qualified Contractor(s) to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract.

c. SMALL BUSINESS ENTERPRISE, PALM BEACH COUNTY CODE, CHAPTER 2, ARTICLE III, SECTION 2-80.21 THROUGH 2-80.34

Item 1 - Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods and services to the County.

To that end, the Board of County Commissioners adopted a Small Business Ordinance which is codified in Sections 2-80.21 through 2-80.34 (as amended) of the Palm Beach County Code, which sets forth the County’s requirements for the SBE program, and is incorporated in this solicitation.

Compliance with the requirements contained in this section shall result in a bidder being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict. This Request for Pre-Qualification is subject to the SBE Ordinance to maximize SBE participation on an as needed project by project basis. NOTE:

Individual projects shall not exceed $49,999.

Item 2 – Contract Award Criteria For purchases made as a result of this solicitation, the County shall make an award to the pre-qualified Contractor(s) who is certified as a small business with Palm Beach County and who is within 10% of the lowest responsive, responsible pre-qualified Contractor, providing that the small business is also deemed responsive and responsible to the terms and conditions of the solicitation.

Item 3 - SBE Certification

Only those firms certified as a small business enterprise by Palm Beach County at the time of project opening shall be counted toward the established SBE project goals. Upon receipt of a complete application, IT

TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN SBE

WITH PALM BEACH COUNTY. It is the responsibility of the pre-qualified Contractor to confirm the certification of any proposed SBE; therefore, it is recommended that Contractors visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

Item 4 - Decertification

As part of the consideration for award under the SBE Ordinance, any Contractor decertified by Palm Beach County shall be considered non-responsive to the SBE requirements.

d. CONDITIONED OFFERS: Respondent(s) are cautioned that any condition, qualification, provision, or comment in their Request for Pre- Qualification, or in other correspondence transmitted with their Request for Pre-Qualification, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their Request for Pre-Qualification as non-responsive.

NOTE: This includes quotations provided on individual projects.

e. PROJECT PRICING FOR PRE-QUALIFIED RESPONDENTS:

(1) All project pricing responses must be submitted on the “Response” Form provided by the requesting department.

Responses on vendor letterhead/quotation forms shall not be accepted.

(2) Prices offered from Pre-Qualified Contractor(s) on an "as needed basis" must be the price for new merchandise and free from defect. Unless specifically requested in the specifications, any quotes containing modifying or escalation clauses shall be rejected.

(3) The successful Pre-Qualified Contractor(s) shall provide for a “turnkey” service as stated in the Specification/Scope of Work attached hereto and incorporated herein. The omission of any essential detail from these Specifications/Scope of Work does not relieve the Pre- Qualified Contractor(s) from completing each Project in its entirety. No additional compensation shall be allowed beyond the price provided on the quotation as submitted for each Project.

(4) Pre-Qualified Contractor(s) warrants by virtue of bidding (on an as need basis) that prices shall remain firm for a period of ten (10) days from the date of each quotation submittal or other time stated in special conditions.

(5) In the event of mathematical error(s), the unit price shall prevail and the Contractor(s) total offer shall be corrected accordingly.

(6) Respondents may offer a cash discount for prompt payment.

However, such discounts shall not be considered in determining the lowest net cost for evaluation purposes unless otherwise specified in the special conditions.

Respondents should reflect any discounts to be considered in the unit prices offered.

f. ACCEPTANCE/REJECTION OF REQUEST FOR PRE-

QUALIFICATIONS: Palm Beach County reserves the right to accept or to reject any or all Request for Pre-Qualifications. Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the Request for Pre- Qualification of any respondent who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by the County or other governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform.

Palm Beach County reserves the right to reject any offer or bid if the prices are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line items and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place.

The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination.

g. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded.

Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract.

h. PERFORMANCE DURING EMERGENCY: By submitting a Request for Pre-Qualification, respondent(s) agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, Palm Beach County shall be given “first priority” for all goods and services under this contract. Respondent(s) agrees to provide all goods and services to Palm Beach County throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Respondent(s) shall furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the Pre-Qualified Contractor(s) subject to sanctions from further business with the County.

4. REQUEST FOR PRE-QUALIFICATION SUBMISSIONS

a. OBSERVING THE PUBLISHED REQUEST FOR PRE-

QUALIFICATION SUBMISSION TIME: The published Request for Pre-Qualification submission time shall be observed for the initial Pre-Qualification of Contractor(s). It is the sole responsibility of the respondent(s) to ensure that their Request for Pre-Qualification arrives in the Purchasing Department prior to the published Request for Pre- Qualification submission time. Request for Pre-Qualification responses by telephone, electronics, or facsimile shall not be accepted.

NOTE: New respondent(s) may submit their Request for Pre- Qualification at any time after the initial submission time in order to be evaluated by the Purchasing Department and added to the "Pre- Qualified" list of Contractors. Respondent(s) are cautioned that any submittals received after the initial requested time will be evaluated, but, could take up to thirty (30) days to do so.

5. CONTRACT ADMINISTRATION

a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this Request for Pre-Qualification are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met.

Should the successful Pre-Qualified Contractor(s) fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful Pre-Qualified Contractor(s) shall be responsible for making any and all claims against carriers for missing or damaged items.

Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of County Commissioners may return, at the expense of the successful Pre-Qualified Contractor(s) and for full credit, any item(s) received which fail to meet the County's specifications or performance standards.

b. FEDERAL AND STATE TAX: Palm Beach County is exempt from

Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful Pre-Qualified Contractor(s), upon request. Successful Pre-Qualified Contractor(s) are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful Pre- Qualified Contractor(s) authorized to use the County's Tax Exemption Number in securing such materials.

c. PAYMENT: Payment shall be made by the County after commodities/services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation.

d. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful Pre-Qualified Contractor(s) may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The successful Pre-Qualified Contractor(s) shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners.

e. DEFAULT: The County may, by written notice of default to the successful Pre-Qualified Contractor(s), terminate the contract in whole or in part if the successful Pre-Qualified Contractor(s) fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, and does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this contract in whole or in part because of default of the successful Pre-Qualified Contractor(s), the County may procure goods and/or services similar to those terminated, and the successful Pre-Qualified Contractor(s) shall be liable for any excess costs incurred due to this action.

If it is determined that the successful Pre-Qualified Contractor(s) was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful Pre-Qualified Contractor(s)), the rights and obligations of the parties shall be those provided in Section 5.f, "Termination for Convenience."

f. TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract/pre-qualification process, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five

(5) days prior written notice of termination to the successful Pre- Qualified Contractor(s), specifying the portions of the contract to be terminated and when the termination becomes effective. If only portions of the contract are terminated, the successful Pre-Qualified Contractor(s) has the right to withdraw, without adverse action, from the entire contract.

Unless directed differently in the notice of termination, the successful Pre-Qualified Contractor(s) shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination.

Additionally, unless directed differently, the successful Pre-Qualified Contractor(s) shall terminate outstanding orders and/or subcontracts related to the terminated work.

6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

AUDIT REQUIREMENTS:

Pursuant to Palm Beach County Code, Section 2-421 – 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.

THIS IS THE END OF "GENERAL CONDITIONS."

SPECIAL CONDITIONS

7. GENERAL/SPECIAL CONDITION PRECEDENCE

In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence.

8. PRE-QUALIFICATION

All contractors/vendors who provide "perishable and non-perishable food“ and meet the terms and conditions of this solicitation are eligible, at any time, to be pre-qualified for their ability to perform contracts in accordance with this solicitation.

Contractors/Vendors who have been pre-qualified and no longer want to be solicited may request, in writing, that their company be removed from the qualified vendor list. Request shall be submitted to Kristen A. Monnett, Senior Buyer, Purchasing Department, 50 S. Military Trail, Suite 110, West Palm Beach, FL 33415. Palm Beach County reserves the right at its sole discretion to add qualified contractors/vendors at anytime.

All contractors/vendors interested in pre-qualifying shall have an established business with sufficient personnel and expertise to meet the requirements of this solicitation.

9. QUALIFICATION OF CONTRACTOR(S) / VENDORS

Only responsive and responsible contractors/vendors, qualified to provide the goods and/or service specified herein shall be considered for inclusion to the pre-qualified list. The contractors/vendors may be asked to provide sufficient evidence to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations.

The contractors/vendors should submit the following information with their Request for Pre-Qualification response; however, if not included, it shall be the responsibility of the contractors/vendors to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of contractors/vendors to provide the required information within the specified time frame is considered sufficient cause for rejection of their Request for Pre-Qualification.

NOTE: INFORMATION SUBMITTED WITH A PREVIOUS BID/QUALIFICATION SHALL NOT SATISFY THIS

PROVISION.

A. List a minimum of three (3) references (Attachment A) in which similar goods and/or services have been provided within the past three (3) years including scope of work, contact names, addresses, telephone numbers and dates of service. A contact person shall be someone who has personal knowledge of the contractor’s performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who will be unable to answer specific questions regarding the requirement.

B. Vendor must provide written evidence showing the firm is currently supplying at least three (3) large commercial or government accounts with similar goods and services as requested in this Pre-Qualification.

C. Vendor must provide a copy of their current inspection report from the Health Department with this Pre-

Qualification, or within two (2) days upon request.

D. Vendor must possess a fully equipped and staffed office to promptly respond to Palm Beach County’s price quote requirements in accordance with Term and Condition #17 of this Pre-Qualification solicitation.

10. DETERMINATION/AWARD

All responsive, responsible contractors who meet the minimum qualifications will be authorized to submit quotes in accordance with Term and Condition “Method of Ordering”, and if awarded, provide the required goods and services.

The ordering department will be responsible for evaluating the quotations, applying the SBE preference, if applicable, and awarding the project.

11. TERM

The terms and conditions of this solicitation shall remain in full force and effect during the term specified and shall apply to all orders placed for specified goods and/or services for Palm Beach County. Re-qualifying and/or termination shall be at the sole discretion of Palm Beach County.

12. METHOD OF ORDERING (TERM CONTRACT)

A letter, noting a term of sixty (60) months or until the estimated funding is expended, at the discretion of the County, will be sent to all Pre-Qualified Contractors. The County will notify all Pre-Qualified Contractor(s) of each Project on an "as needed basis". All terms and conditions of this solicitation are applicable. Determination of specifications for each Project will be made by the ordering County department. The ordering department will notify ALL applicable “Pre-Qualified” Contractors to present a written quote on the response form provided by the requesting department. Responses on vendor letterhead/quotation forms shall not be accepted. Each Project shall be awarded to the Contractor offering the lowest fixed price, subject to the SBE provisions of term # 3.c.

Any Project that is equal to or greater than the Mandatory Bid Dollar amount (as stated below) shall be subject to Section 2- 54, Palm Beach County Code. The "Mandatory Bid Amount" is the threshold dollar amount established as policy by the Board of County Commissioners at and above which a formal competitive sealed bid process must be used. Presently the mandatory bid amount for any Project is fifty thousand dollars ($50,000.00). Any Project that exceeds the mandatory bid amount shall be separately solicited via a formal competitive sealed bid process.

13. F.O.B. POINT

The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages.

14. DELIVERY

Delivery shall be required within five (5) business days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract.

15. ATTACHMENT

Attachment “A” is included and is considered to be a component of this solicitation.

16. ESTIMATED EXPENDITURES

The anticipated funding during the sixty (60) month period is $ 4,500,000. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to re-advertise for the contracted services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed.

17. TIME LIMIT FOR RETURNING QUOTATIONS

Pre-Qualified Contractors shall return their quotation no more than five (5) business days after receipt of quotation unless otherwise specified by the ordering department. Failure of the contractor(s) to submit the quotation within the required time specified will be considered a “NO QUOTE” and the Contractor(s) will not be eligible for consideration of award for that Project. In the best interest of Palm Beach County, the time limit requirement may be changed (in writing) in specific instances. Failure to respond to a requested Project quotation five (5) times consecutively may constitute a lack of interest and removal from the Pre-Qualification list unless requested in writing by Contractor to remain active or to be reinstated.

18. INSURANCE REQUIRED

It shall be the responsibility of the successful Pre-Qualified Contractors to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, Attention Buyer, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful Pre-Qualified Contractors shall provide this evidence to the County prior to the expiration date of each and every insurance required herein.

Commercial General Liability Insurance. Successful Pre-Qualified Contractor(s) shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured.

Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term “Autos” is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating that the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase “Owned Auto” coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form.

Workers’ Compensation and Employer’s Liability Insurance. Successful Pre-Qualified Contractors shall maintain Workers’ Compensation & Employer’s Liability Insurance in accordance with Florida Statute Chapter 440.

A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful Pre-Qualified Contractors in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your offer as non responsive.

Except as to Business Auto, Workers’ Compensation and Employer’s Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured.

Said Certificate(s) shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract.

All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage.

Pre-Qualified Contractors shall agree that all insurance coverage required herein shall be provided by Pre-Qualified Contractors to County on a primary basis.

SPECIFICATIONS

FOR

REQUEST # 11-102/KM

SCOPE

The sole purpose and intent of this solicitation is to secure a listing of pre-qualified vendors for the supply of Food (perishable/non-perishable), on an as needed basis for various Palm Beach County Departments.

DELIVERY REQUIREMENTS

Pre-Qualified vendors are required (when necessary) to deliver to all Palm Beach County Headstart Centers, Palm Beach County Parks & Recreation Water Parks, and Palm Beach County Public Safety/Youth Affairs Department, which may be located anywhere in Palm Beach County, including Belle Glade.

A. Deliveries are required at all Headstart Centers every Wednesday, between the hours of 8:00am and 3:00pm.

(1) Emergency Deliveries are defined as phone in or e-mail orders placed by the Department. These orders may be placed due to theft, food spoilage, emergency changes, etc.

(2) Special Purchase Deliveries are defined as phone in or e-mail orders placed by the Department for special functions, field trips, etc.

(3) Will Call is defined as product ordered and picked up by the Department. Certain County employees may be authorized in writing to pick-up products under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization.

B. All frozen items shall be stored and delivered in a hard frozen state (0 degrees Fahrenheit to 5 degrees

Fahrenheit). Food deliveries of refrigerated items shall be 35 degrees Fahrenheit to 45 degrees Fahrenheit, and Dry Goods delivered shall be 70 degrees Fahrenheit to 75 degrees Fahrenheit. Items may be combined on the same truck with the understanding that the products be held at correct temperatures for each product group. Products shall be delivered in satisfactory condition. Palm Beach County also reserves the right to require that the successful contractor not combine frozen/refrigerated and perishable/non perishable items if it determines that this method is unsatisfactory. Failure to adhere to Palm Beach County’s requirements may result in cancellation of the contract.

Products must be clean, free from damage, infestation, and within proper temperatures.

C. In the event of vehicle breakdown or other delay, Pre-Qualified vendors shall be responsible to ensure the items are delivered to the designated location as scheduled. Pre-Qualified vendor(s) shall be responsible for contacting the ordering Departments, informing them of any delivery delays and re-scheduling delivery for the same day.

GRADING CERTIFICATES

All Pre-Qualified vendors shall furnish USDA certificates for the following food items with each delivery: Vegetables, Meats, Poultry, and Seafood.

Each shipping case and grade certificate shall be imprinted with the official stamped seal of the required inspection.

STORAGE

Pre-Qualified vendors shall be responsible for properly storing, rotating and maintaining the quality of all products. Pre- Qualified vendors shall maintain sanitary conditions and otherwise meet Florida Department of Health standards and Palm Beach County Health Department regulations. Vendors’ warehouse shall be properly maintained for cleanliness.

ATTACHMENT “A”

QUALIFICATIONS OF BIDDERS

REFERENCES FOR SOLICITATION #11-102/KM

List references in accordance with qualifications of bidder, when applicable.

CUSTOMER NAME:

(PLEASE PRINT OR TYPE)

ADDRESS:

(PLEASE PRINT OR TYPE)

PHONE NUMBER: ( ) FAX NUMBER: ( ) E-MAIL: ____

CONTACT NAME:

SCOPE OF WORK:

START DATE: END DATE:

CUSTOMER NAME:

ADDRESS:

PHONE NUMBER: ( ) FAX NUMBER: ( ) E-MAIL: ____

CUSTOMER NAME:

ADDRESS:

PHONE NUMBER: ( ) FAX NUMBER: ( ) E-MAIL: ____

PRE-QUALIFICATION RESPONSE PAGE

REQUEST #11-102/KM

MARK WITH AN “X” BELOW ONLY THOSE ITEMS WHICH YOUR FIRM IS CAPABLE OF SUPPLYING.

DESCRIPTION

MARK WITH “X”

(ALL THAT APPLY)

DOES VENDOR HAVE THE

ABILITY TO DELIVER THIS

ITEM?

YES NO

BABY FOOD (APPLE SAUCE, BANANAS,

GOOD START FORMULA, SIMILAC

W/IRON)

( ) BULK ( ) NON-BULK ( ) RETAIL

BAKERY ITEMS ( ) BULK ( ) NON-BULK ( ) RETAIL

BREAKFAST ITEMS (FROZEN PANCAKES,

WAFFLES, CEREAL, FRENCH TOAST)

( ) BULK ( ) NON-BULK ( ) RETAIL

BREAD (WHEAT, WHITE, WHOLE GRAIN,

ETC.)

( ) BULK ( ) NON-BULK ( ) RETAIL

CHEESE ( ) BULK ( ) NON-BULK ( ) RETAIL

COFFEE ( ) BULK ( ) NON-BULK ( ) RETAIL

CONDIMENTS (SUGAR, SWEETNERS,

ETC.)

( ) BULK ( ) NON-BULK ( ) RETAIL

DAIRY ITEMS ( ) BULK ( ) NON-BULK ( ) RETAIL

DESSERTS ( ) BULK ( ) NON-BULK ( ) RETAIL

DRINK (JUICES, SODA, TEA, ETC.) ( ) BULK ( ) NON-BULK ( ) RETAIL

FISH (FRESH/FROZEN) ( ) BULK ( ) NON-BULK ( ) RETAIL

FRUIT, FRESH (ALL KINDS) ( ) BULK ( ) NON-BULK ( ) RETAIL

FROZEN FOODS (ALL KINDS) ( ) BULK ( ) NON-BULK ( ) RETAIL

ICE CREAM (ALL FLAVORS/ALL KINDS) ( ) BULK ( ) NON-BULK ( ) RETAIL

MEAT (FRESH/FROZEN/CANNED) ( ) BULK ( ) NON-BULK ( ) RETAIL

MISCELLANEOUS ITEMS ( ) BULK ( ) NON-BULK ( ) RETAIL

Continued…

Firm Name__________________________________________________________________________________________

TERM CONTRACT

MARK WITH AN “X” BELOW ONLY THOSE ITEMS WHICH YOUR FIRM IS CAPABLE OF SUPPLYING.

DESCRIPTION

MARK WITH “X”

(ALL THAT APPLY)

DOES VENDOR HAVE THE

ABILITY TO DELIVER THIS

ITEM?

YES NO

PASTA ( ) BULK ( ) NON-BULK ( ) RETAIL

PLATTERS

(SANDWICH/CHICKEN/FRUIT/VEGETABLE)

( ) BULK ( ) NON-BULK ( ) RETAIL

POULTRY ( ) BULK ( ) NON-BULK ( ) RETAIL

RICE ( ) BULK ( ) NON-BULK ( ) RETAIL

SNACK FOODS (CHIPS, COOKIES,

CANDIES, ETC.)

( ) BULK ( ) NON-BULK ( ) RETAIL

Continued…

Firm Name_________________________________________________________________________________________

MARK WITH AN “X” BELOW ONLY THOSE ITEMS WHICH YOUR FIRM IS CAPABLE OF SUPPLYING.

DESCRIPTION

MARK WITH “X”

(ALL THAT APPLY)

DOES VENDOR HAVE THE

ABILITY TO DELIVER THIS

ITEM?

YES NO

VEGETABLES (FRESH/FROZEN/CANNED) ( ) BULK ( ) NON-BULK ( ) RETAIL

Is Qualification of Contractor(s) included, per Term and Condition #9? YES INITIAL____

Is vendor able to meet delivery requirements, per Term & Condition # 14, and Specifications, Page 9?

YES ____ INITIAL____

Does respondent clearly understand that regardless of the number of orders, or lack thereof, generated from this pre-qualification, Insurance (Term and Condition #18) (if delivering on-site) must be provided and remain current throughout the pre-qualification period? YES INITIAL____

The undersigned hereby applies for pre-qualification under this solicitation, and acknowledges and agrees to all the terms, conditions and specifications of this solicitation for any work performed (projects).

NOTE: Palm Beach County makes no commitments nor guaranties whatsoever to any of the Pre-Qualified Contractor(s) with respect to a specific amount of work or compensation.

PLEASE AFFIX SIGNATURE WHERE INDICATED

(FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR

REQUEST FOR PRE-QUALIFICATION)

By signature on this document, respondent(s) acknowledges and agrees to all terms, conditions, and specifications of the County’s Request for Pre-Qualification solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal.

FIRM NAME: (Enter the entire legal name of the responding entity)

DATE:

* SIGNATURE:

PRINT NAME:

PRINT TITLE:

ADDRESS:

CITY / STATE: ZIP CODE:

TELEPHONE # ( )

TOLL FREE # ( )

E-MAIL:

FAX #: ( )

APPLICABLE

LICENSE(S)

NUMBER # TYPE:

FEDERAL ID #

STATEMENT OF NO RESPONSE

If you…