1891 Jim Keene Blvd • Winter Haven, FL 33880-8010 • Phone: 863.298.6200 • www.polksheriff.org POLK COUNTY SHERIFF’S OFFICE – ITB # C2017-06 Half Pint Carton Milk March 7, 2017 TO: All Vendors The Polk County Sheriff’s Office is seeking Formal Bids for the Purchase of Half Pint Carton Milk as indicated within the context of this Bid. Submit your Bid in a sealed envelope with the label provided marked C2017-06. The Bids are to be delivered as follows: Polk County Sheriff’s Office Business Services Division Purchasing Section 1891 Jim Keen Blvd. Winter Haven, FL 33880 Bids are to be submitted no later than 2:00 P.M. on March 21, 2017. Bids received after this time will not be considered. All requests for additional information or questions should be directed to Cindy Menge Purchasing Agent at (863) 298-6314 or [email protected]. Detailed instructions for the completion of the Bid are contained in this Invitation To Bid. The Polk County Sheriff’s Office reserves the right to award the bid to the lowest, most responsive and responsible Vendor. The Polk County Sheriff’s Office further reserves the right to consider matters such as, but not limited to; quality offered, delivery terms, budget requirements, location, and service reputation of the Vendor, in determining the most advantageous Bid. The Polk County Sheriff’s Office thanks you for your effort and interest in serving the Polk County Sheriff’s Office and the taxpayers of Polk County. Sincerely, David J. Rounds Deputy Director, Central Services Bureau “TEN STAR ACCREDITED AGENCY” Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk Table of Contents Topic Page Vendor’s Checklist 3 Statement of No Bid 4 Specifications/Bid Form 5-6 Option to Renew 7 Terms and Conditions 8-14 Vendor Acknowledgement Public Entity Crime Information Anti-Collusion Statement Form 15 Authorized Signatures/Negotiators Form 16 Bid Label 17 2 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk Checklist Failure to submit the following items may result in your bid being declared non-responsive. Statement of No Bid Or Bid Form Page 4 Option to Renew Page 7 Vendor Acknowledgement Public Entity Crime Information Anti-Collusion Statement Form, signed Page 15 Authorized Signatures/Negotiators Form Page 16 Bid Label Page 17 Page 5-6 3 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk STATEMENT OF NO BID If you are not submitting a proposal on this service/commodity, please complete and MAIL this form to: Polk County Sheriff’s Office Business Services/Purchasing Section 1891 Jim Keene Blvd Winter Haven, FL 33880 Failure to respond may result in deletion of Vendor’s name from the Qualified Proposer’s List for the Polk County Sheriff’s Office. Company Business Name: Minority Owned: Address: ( ) Black Telephone: ( ) Hispanic Fax Number: ( ) Women Signature: ( ) Other Date: ( ) Non-Minority We, the undersigned have declined to submit a bid on #C2017-06 because of the following reason: Specifications too “tight,” i.e., geared toward brand or manufacturer only. Explain below. Insufficient time to respond to the Proposal. We do not offer this service/commodity. We are in the business of: Unable to meet specifications Too busy at this time to Proposal project. Would like to be considered for future projects. Yes No Other: (please explain) 4 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk BID FORM EXPLANATION/SPECIFICATIONS Firm Price It is the desire of the Polk County Sheriff’s Office that this contract be awarded to the vendor(s) whose prices are firm for the period of the contract. Delivered Pricing must be firm for one (1) year from date of Award. ALL BIDS MUST BE SUBMITTED IN AN SEALED ENVELOPE. A SAMPLE OF THE CARTON MUST BE SUBMITTED WITH ALL BIDS. IF A SAMPLE CARTON CANNOT BE PROVIDED THAN A QUALITY PICTURE OF THE CARTON WILL BE ACCEPTABLE. Specifications: HALF (1/2) PINT CARTON OF 1% LOWFAT MILK, UNFLAVORED Deliveries will be to Central County Jail 2390 Bob Phillip Road Bartow, FL 33830 and South County Jail 1103 US Highway 98 Frostproof, FL 33830 Preferred delivery days Monday and Thursday of every week between the hours of 8:00am – 3:00pm. If vendors cannot deliver on the preferred days, please indicate below the available delivery days. All milk must be fresh milk produced at Grade A dairy farms, as determined by periodic inspection made by authorized personnel from the appropriate government agencies. The term “fresh” as used in these Specifications means delivered prior to the termination of the seventh (7th) code date on the carton indicating time of processing. All milk must be pasteurized in a method meeting the standards of the inspecting agency. All milk must be homogenized – the word “homogenized” meeting the definition of the approved inspection agency. All milk shall be furnished in approved containers as specified in this bid with appropriate bottling date codes. The maximum temperature of any milk delivered shall be 40 degrees F. All milk shall comply with the requirements of the interstate of Florida milk shippers’ regulations as outlined by the U.S. Public Health Service or as outlined by Florida Standards. All one-half (1/2) pint paper containers have been approved for milk packaging. Containers should be ready to serve, plastic coated, sound, sanitary, clean, leak proof, and with seals which open properly with FDA approved opening for pouring. All containers must be treated to kill bacteria and provide adequate protection of contents from contamination. Containers shall be safe from Dioxin content as approved by governing agencies. 5 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk BID FORM Delivery Location CCJ Bartow FL SCJ Frostproof FL Juveniles Estimated Daily QTY in Cartons Price per Carton Delivery Days 600-800 2200-2300 175 Notes: Anticipated Award Date: April 17, 2017 I have read and understand the contents of the above, and have the proper authority to execute bid documents. By signing below, you are affirming and approving all information contained in this bid and any attachments (bid form etc…) are legally executed. Signature: __________________________________ Print Name: ______________________________________ Vendor Name: ______________________________________ 6 Date: _______________ Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk OPTION TO RENEW OPTION TO EXTEND THE TERM OF THIS CONTRACT: This Contract may be renewed on a yearly basis at the option of the Polk County Sheriff’s Office. If the Polk County Sheriff’s Office desires to renew this Contract, a Notice of Intent to Renew will be submitted no less than (60) sixty days before the Contract expires. This Notice of Intent shall not be deemed to commit the issuing party to a renewal. The total duration of this Contract shall not exceed four (4) years. 2. OPTION PERIODS: PERCENTAGE INCREASE NOTE: The Polk County Sheriff's Office prefers firm fixed pricing for the duration of the contract, including extensions. Any price increase incurred to the Polk County Sheriff’s Office, at any renewal period, shall be a result of actual increased cost passed from the manufacturer to the supplier, excluding any additional profits to the supplier. Price increases will be considered at renewal time, but not necessarily accepted. Option to renew time periods are based on anticipated award date. If award takes place before or after anticipated award date, the actual date of award will supersede the anticipated award date. Option I. – Twelve (12) month period from April 17, 2018 To April 16, 2019 ________% of unit price increase Option II. – Twelve (12) month period from April 17, 2019 To April 16, 2020 ________% of unit price increase C. Option III. – Twelve (12) month period from April 17, 2020 To April 16 2021 ________% of unit price increase 3. EXAMPLES: (UNIT PRICE) X (ANNUAL PERCENTAGE INCREASE) = OPTION YEAR PRICE I have read and understand the contents of the above, and have the proper authority to execute bid documents. By signing below, you are affirming and approving all information contained in this bid and any attachments (bid form etc…) are legally executed. Signature: _____________________________________ Print Name: ______________________________________ Vendor Name: ______________________________________ 7 Date: _______________ Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk INVITATION TO BID STANDARD TERMS AND CONDITIONS Vendor: To insure acceptance of the bid, follow these instructions: 1. CONTRACT PERIOD: The Contract shall be effective for a twelve (12) month period from date of award with up to three (3) optional renewal periods. All prices submitted shall remain unchanged during the period of performance. If the Board of County Commissioners of Polk County, in the regular course of its budget or appropriation process, withdraws, or fails to appropriate funds for the procurement of services under this Agreement, then the Sheriff may terminate this Agreement at the conclusion of any billing cycle or the beginning of the unfunded budget period with at least sixty (60) days prior written notice to Provider. The Sheriff agrees to pay Provider all charges and expenses incurred before the effective date of such termination 2. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided. 3. SEALED BID/SEALED PROPOSALS/SOLICITATIONS: All bids must be submitted in a sealed envelope. The face of the envelope shall contain the date and time of the Bid Opening and the Bid Number if applicable. If the Bid is to be returned via Express Mail or in a courier envelope, the Bid documents should be submitted in a separate sealed envelope within the courier envelope. Express mail or courier envelopes will be opened and discarded. The face of the Sealed Bid envelope should have attached the label included with the Bid package or noted, the Bid File Number and “Attention: Purchasing Section – Sealed Bid.” If there is not going to be a bid submitted, please fill out the “STATEMENT OF NO BID” form, included in this Bid package. Offers by telephone or facsimile for a sealed bid or proposal cannot be accepted. It is the Vendor’s responsibility to assure that the bid is delivered at the proper time and place of the bid opening. 4. BID OPENING: Shall be public on the date and at the time specified on the bid form or shortly thereafter. However, the purpose of the Bid opening is to document the vendors submitting bids only. Information pertaining to Bids will be available in accordance with Florida State Statutes, Chapter 119. Bids that for any reason are not delivered by the specified date and time will not be returned, but will be retained in the BID FILE unopened. 5. PRICES AND TERMS: The Polk County Sheriff’s Office will evaluate and select the bid they feel will be in the best interest of the Sheriff’s Office. a. TAXES: Polk County Sheriff’s Office does not pay Federal Excise or State Sales Taxes. b. MISTAKES: Vendors are expected to examine the specifications, delivery schedules, bid prices and all instructions pertaining to product(s). Failure to do so will be at Vendor’s risk. c. CONDITION: All product(s) not conforming in every way acceptable to the Polk County Sheriff’s Office shall be rejected. d. F.O.B. PRICES: All prices shall be quoted F.O.B. Destination. The Seller shall pay all transportation charges and title to the goods shall transfer to the Purchaser at the destination. 8 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk 6. QUANTITIES: Quantities shown are not guarantees of purchase. The Polk County Sheriff’s Office may purchase additional quantities from other Vendors during the life of the Contract. Quantities stated on this Bid represent estimated usage for the period of time indicated in the specifications. 7. BRAND NAMES: Manufacturers names, trade names, brand names, model and catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for alternative brands that meet or exceed the quality of the specifications listed for any item. 8. BRAND SUBSTITUTIONS: Bids will be considered for items complying substantially with specifications, provided deviations to the specifications are stated and items are described in detail. When offering alternate products, it is the responsibility of the bidder to indicate the brand names and model/catalog numbers, and to provide evidence of the equality of the items to the products specified in the solicitation. Standard catalog sheets or technical data will not be accepted in lieu of this requirement. The Polk County Sheriff’s Office will be the sole judge of whether such alternates are equivalent to the items specified. The Polk County Sheriff’s Office reserves the right to waive immaterial variations in the specifications. 9. CLARIFICATIONS/INTERPRETATION AND ADDENDA: No interpretation or changes to the meaning of the Invitation to Bid will be made to any Vendor orally, except by written addendum. All questions regarding this bid should be submitted in writing and must be received no later than five (5) calendar days prior to the closing date for bid submittal, addressed to Cindy Menge Polk County Sheriff’s Office, 1891 Jim Keene Blvd., Winter Haven, FL 33880 or [email protected]. 10. ADDITIONAL INFORMATION: The Polk County Sheriff’s Office Purchasing Section reserves the right to request additional information needed for clarification from any bidder/proposer for evaluation purposes. 11. NON-EXCLUSIVE AGREEMENT: The Polk County Sheriff’s Office reserves the right to negotiate with more than one vendor. The Polk County Sheriff’s Office may have contracts with other vendors for the same supplies or services. Selection of vendors may be on the basis of price, availability, hours of operation, or location. 12. CONFLICT OF INTEREST: The award hereunder is subject to Chapter 112, Florida Statutes. All Vendors must disclose with their bid, the name of any officer, director, or agent who is also an employee of the Polk County Sheriff’s Office. Further, all Vendors must disclose the name of any Polk County Sheriff’s Office employee who owns, directly or indirectly, an interest of five percent (5%) or more of the Vendor’s firm or any of its branches. 13. LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the product/service herein apply. Lack of knowledge by the Vendor will in no way be cause for relief from responsibility. 9 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk 14. PUBLIC RECORDS: (a) Access to Public Records Vendor shall allow public access to all documents, papers, letters, or other material made or received by Vendor in conjunction with the Agreement/Contract as required by Florida law, unless the records are exempt from Article I, section 24(a), Florida Constitution, or section 119.07(1), Florida Statutes. IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 863-298-6200 [email protected], 1891 JIM KEENE BLVD, WINTER HAVEN, FLORIDA 33880. Polk County Sheriff’s Office may unilaterally terminate the Agreement/Contract if Vendor refuses to allow public access as required in this section. (b) Redacted Copies of Confidential Information If Vendor considers any portion of any documents, data, or records submitted to the Polk County Sheriff’s Office to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, Vendor must provide the Polk County Sheriff’s Office with a separate redacted copy of the information it claims is confidential and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy must contain the Contract name and number, and be clearly titled “Confidential.” The redacted copy should redact only those portions of material Vendor claims are confidential, proprietary, trade secret or otherwise not subject to disclosure. (c) Request for Redacted Information In the event of a public records or other disclosure request pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, to which documents that are marked as “Confidential” are responsive, the Polk County Sheriff’s Office will provide Vendor-redacted copies to the requestor. If a requestor asserts a right to the Confidential Information, the Polk County Sheriff’s Office will notify Vendor such an assertion has been made. It is Vendor’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119 or other applicable law. If the Polk County Sheriff’s Office becomes subject to a demand for discovery or disclosure of the Confidential Information of Vendor under legal process, the Polk County Sheriff’s Office shall give Vendor prompt notice of the demand prior to releasing the information labeled “Confidential” (unless otherwise prohibited by applicable law). Vendor shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. (d) Indemnification Related to Redacted Confidential Information Vendor shall protect, defend, and indemnify the Polk County Sheriff’s Office for any and all claims arising from or relating to Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Vendor fails to submit a redacted copy of information it claims is Confidential, the Polk County Sheriff’s Office is authorized to produce all documents, data, or records submitted to the Polk County Sheriff’s Office in answer to a public records request or other lawful request for these records. 10 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk Public Records Clause for Polk County Sheriff’s Office Contracts (e) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. Upon request from the agency's custodian of public records, provide the agency with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 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 agency. Upon completion of the contract, meet all requirements for retaining public records and transfer, at no cost, to the agency all public records in possession of the contractor or keep and maintain public records required by the agency to perform the service. If the Vendor transfers all public records to the public agency upon completion of the contract, the Vendor shall upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the agency, upon request from the agency's custodian of public records, in a format that is compatible with the information technology systems of the agency. 15. CONFIDENTIAL DOCUMENTS: Any confidential documents submitted as part of this proposal must be clearly indicated as such. 16. LIABILITY: The Vendor shall hold and save Grady Judd, Sheriff, Polk County, its officers, agents and employees harmless from liability of any kind in the performance of or fulfilling the requirements prior to and during the term of this Contract. 17. STATEMENT RELATIVE TO PUBLIC ENTITY CRIMES: The Vendor is directed to the Florida Public Entity Crime Act 287.133, Florida Statues, and the Polk County Sheriff’s Office requirements that the successful Vendor comply with it in all respects prior to and during the term of the Contract. 18. EVALUATION OF BID/AWARD: Grady Judd, Sheriff, Polk County reserves the right to award the bid/proposal to the lowest, most responsive and responsible Vendor who submits the bid meeting specifications most advantageous to Polk County Sheriff’s Office. Grady Judd, Sheriff, Polk County further reserves the right to consider matters such as, but not limited to quality offered, delivery terms, budget requirements, location and service reputation of the Vendor, in determining the most advantageous bid. Bid tabulations will be released within 30 days of bid opening unless otherwise stated. 11 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk 19. AWARDS: As the best interest of the Polk County Sheriff’s Office and the Taxpayers of Polk County may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any and all bids or waive any informality or technicality in bids received. The Sheriff may exercise assigned rights, pursuant to law, to use discretion in effecting the purchase of goods and services. 20. DISPUTES: In case of any doubt or differences of opinion as to the services to be furnished hereunder, the decision of the Sheriff shall be final and binding on both parties. 21. AFTER AWARD: The Polk County Sheriff’s Office reserves the right to add or delete items at prices to be negotiated at the time of addition or deletion. In the event of market changes, the Polk County Sheriff’s Office may negotiate justified adjustments both upward/downward such as price, terms, etc., to this contract when the Sheriff’s Office in its sole judgment, considers such adjustments to be in the best interest of the Polk County Sheriff’s Office. 22. NON-PERFORMANCE/LIQUIDATED DAMAGES: Time is of the essence of this Contract and failure to deliver within the time period shall be considered a default. In case of a default, the Polk County Sheriff’s Office may procure the required services and/or goods from other sources and hold the Contractor responsible for any excess costs occasioned thereby and may immediately cancel the Contract. 23. VENDOR’S SITE VISIT: The Polk County Sheriff’s Office reserves the right, at its discretion, to conduct “on site” visitations of any vendors’ facilities. The purpose of the visit will be to ensure the Polk County Sheriff’s Office of the Vendor’s capabilities of successfully administering this contract. If, in the Polk County Sheriff’s Office’s opinion, any vendor does not have the required capabilities as listed herein, this shall be considered grounds for non-award/cancellation. 24. VERBAL/WRITTEN PURCHASE ORDERS: The award of this Bid does not constitute an order. Before delivery is made the Vendor must receive a duly executed Purchase Order. Acceptance by the Vendor is assumed upon issue by the Polk County Sheriff’s Office, of a duly executed purchase order. Inspection and acceptance of item(s) will be at the stated destination(s) unless otherwise provided, and title to and risk of loss or damage is the responsibility of the Vendor until the acceptance by the Polk County Sheriff’s Office. 25. DELIVERY REQUIREMENTS: All products on the purchase order are expected to be delivered to the designated location(s) in a timely manner, and in the quantities requested on the purchase order. Any exceptions must be agreed upon, in writing between the Polk County Sheriff's Office designee, and the vendor prior to shipping/delivery. 26. DELIVERY TICKETS/INVOICING: The successful Vendor shall furnish a priced and itemized delivery ticket or invoice for every delivery made to the Polk County Sheriff’s Office. The delivery ticket or invoice shall include the date, department delivered to, and purchase order number and shall be signed by a representative of the requesting department when delivery is made. 12 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk 27. RETURNS: Any goods delivered to the Polk County Sheriff’s Office not as ordered shall be returned to the successful Vendor at no cost to the Polk County Sheriff’s Office. Each respondent shall list herein what, if any, restocking charge will be charged to the Polk County Sheriff’s Office for items being returned by the Polk County Sheriff’s Office at no fault of the vendor. Any restocking charge shall be taken into consideration in the award/evaluation process. 28. INSURANCE: The successful vendor shall purchase and maintain in force, at his own expense, such insurance as will protect him and the Polk County Sheriff’s Office from claims which may arise out of or result from the Vendor’s execution of the work, whether such execution be by himself, his employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. The successful Vendor shall furnish a copy of an original Certificate of Insurance, naming the Polk County Sheriff’s Office as an additional insured. Should any of the policies be cancelled before the expiration date, the issuing company will mail 30 days written notice to the certificate holder. The successful Vendor shall furnish insurance in satisfactory limits, and on forms and of companies that are acceptable to the Purchaser’s Attorney and/or Risk Management and shall require and show evidence of insurance coverage’s on behalf of any subcontractors (if applicable), before entering into any agreement to sublet any part of the work to be done under this Contract. 29. CANCELLATION/TERMINATIONS/SUSPENSION: The Polk County Sheriff’s Office may cancel this agreement WITHOUT CAUSE at any time by giving sixty (60) days written notice to the VENDOR. In addition, the Polk County Sheriff's Office may immediately suspend business with the VENDOR with written notification. The VENDOR may cancel this agreement WITHOUT CAUSE at any time by giving not less than sixty (60) days written notice to the Polk County Sheriff's Office. The VENDOR shall continue to provide services beyond the sixty (60) days’ notice period and through the transition to a new supplier/contractor so long as the Polk County Sheriff's Office is proceeding reasonably and in good faith to enter into an agreement with a replacement supplier/contractor. 30. OPTION TO EXTEND THE TERM OF THIS CONTRACT: This Contract may be renewed on a yearly basis at the option of the Polk County Sheriff’s Office. If the Polk County Sheriff’s Office desires to renew this Contract, a Notice of Intent to Renew will be submitted no less than (60) sixty days before the Contract expires. This Notice of Intent shall not be deemed to commit the issuing party to a renewal. 31. AGREEMENT: This Bid and the Purchase Orders issued hereunder constitute the entire agreement between the Polk County Sheriff’s Office and the Vendor awarded the Bid. No modification of this Bid shall be binding on the Polk County Sheriff’s Office or the Vendors. 32. SECURITY/BACKGROUND INVESTIGATIONS: Access to PCSO Facilities by vendors/workers is a privilege which may be revoked for any adverse background or intelligence checks. The awarded vendor will be required to submit to a FDLE background check and fingerprinting of all employees working on the project, prior to award of the contract. Thereafter, should vendor have any personnel changes or employees added to work on this project, such employees shall be required to undergo the FDLE background check and fingerprinting process as well. Fingerprinting will be conducted by the Polk County Sheriff's Office. Vendor shall not utilize any employees on this project who have been terminated by the PCSO or previous employees, of the PCSO who are ineligible for re-hire by the PCSO. 13 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk 33. INDEMNIFICATION: Vendor, shall indemnify, defend (by counsel reasonably acceptable to PCSO) protect and hold PCSO, its officers, employees and agents from and against any and all claims, actions, causes of action, liabilities, penalties, forfeitures, damages, losses, and expenses (including, without limitation, attorney’s fees and cost during negotiation, through litigation and all appeals therefrom) whatsoever pertaining to the death of or injury to any person, or any damage to any property arising out of or resulting from (i) the failure of Vendor to comply with applicable laws, rules or regulations, (ii) the breach by Vendor of its obligations under this Agreement, (iii) any claim for trademark, patent or copyright infringement arising out of the scope of the Vendor’s performance of this Agreement, or (iv) the negligent acts, errors or omissions, or the intentional or willful misconduct, of Vendor, its sub-contractors, agents, employees and invitees, provided, however, that Vendor shall not be obligated to defend or indemnify PCSO with respect to any such claims or damages arising out of PCSO’s sole negligence. 34. DUE DILIGENCE: Due care and diligence have been used in preparing these specifications and related information. However, no warranties are made as to the accuracy and completeness of the required information. It is the responsibility of Vendors to ensure they have all the information they deem necessary to affect their bid. The PCSO will not be responsible for the failure on the part of the Vendors to determine the full extent of the risk exposures and scope of work required to effectively perform under the contract. 35. PIGGYBACK CLAUSE: At the option of the awarded vendor, the vendor agrees to allow the Polk County Sheriff’s Office and other governmental entities of the state of Florida and its agencies, political subdivisions, counties, and cities, to purchase additional items by piggybacking on this bid. Each government entity may procure goods and services as described herein with the same terms and conditions, and for the same price. Each governmental entity desiring to accept these bids, and make award thereof, shall do so independently of any other government entity. Each government entity shall be responsible for its own purchases and shall be liable for goods and services ordered and received by it, and no government entity assumes any liability by virtue of this bid. --- End of Standard Terms and Conditions --- 14 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk VENDOR ACKNOWLEDGEMENT By signing and submitting this Pre-Qualification Package, Vendor acknowledges he/she has read, understands, and can provide the minimum requirements stated herein, that he/she has visited the site, performed investigations and verifications as he/she deems necessary, understands/accepts terms and conditions familiarized him/herself with the local conditions under which the work is to be performed and will be responsible for any and all errors in his/her Pre-Qualification Package resulting from his/her failure to do so. Vendor certifies this PreQualification Package has not been prepared in collusion with any other Vendor or other person or persons engaged in the same line of business. PUBLIC ENTITY CRIME/DEBARMENT INFORMATION A person or affiliate who has been placed on the Convicted Vendor or Excluded Parties List System (EPLS) list following a conviction for a public entity crime may not submit a Bid/Proposal on a contract to provide any goods or services to a public entity, may not submit a Bid/Proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit Bids/Proposal on leases of real property to a public entity, may not be awarded or perform work as a Vendor, supplier, sub-Vendor, 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Vendor list. Please refer to www.sam.gov and/or Florida Statutes 287.133 to ensure compliance. ANTI-COLLUSION STATEMENT The below signed Bidder has not divulged to, discussed or compared his/her Bid/Proposal with other Vendors and has not colluded with any other Bidder or parties to a Bid/Proposal whatsoever. Note: no premiums, rebates, or gratuities to any employee or agent are permitted with, before, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from the master vendors list. I have read and understood the contents of the above, and have the proper authority to execute bid documents. By signing below, you are affirming and approving all information contained in this bid and any attachments (bid form etc…) are legally executed and the company or any of its representatives are not in violation of the above. Signature: _____________________________________ Print Name: ______________________________________ Vendor Name: ______________________________________ 15 Date: _______________ Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk AUTHORIZED SIGNATURES/NEGOTIATORS The bidder or proposer represents that the following persons are authorized to sign and/or negotiate contracts and related documents to which the bidder or proposer will be duly bound: Name Title Phone # Fax # ________________________ Email: ______________________________ (Signature) Physical Address ___________________________________ ___________________________________ (Title) ___________________________________ (Name of Business) Mailing Address (if applicable) ___________________________________ ___________________________________ ___________________________________ ___________________________________ The bidder /offeror shall complete and submit the following information with the bid or proposal: Type of Organization Sole Proprietorship Partnership Joint Venture Corporation State of Incorporation Federal I.D. or Social Security number _________________ DUNS Number: __________________________ 16 Polk County Sheriff’s Office Due Date: March 21, 2017 ITB #C2017-06 Half Pint Carton Milk Cut this label out and tape this label to your Invitation To Bid envelope to identify it as an Invitation To Bid. Neither faxed nor electronically submitted documents will be accepted. Be sure to include the name of the company submitting the bid where requested. DELIVER TO: Polk County Sheriff's Office Business Services/Purchasing Section 1891 Jim Keene Blvd Winter Haven, FL 33880-8000 INVITATION TO BID: DO NOT OPEN ITB # C2017-06 Proposal Name: Half Pint Carton Milk Opening Date/Time: March 21, 2017 Company Name: ________________________________________ 17
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