RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies Page i
CITY OF VISALIA, CALIFORNIA
REQUEST FOR BID “RFB” NO. 22-23-18
PROJECT: ANNUAL CONTRACT FOR SUPPLY AND DELIVERY OF
VETERINARY SUPPLIES
BIDS DUE TUESDAY, DECEMBER 13, 2022 AT 1:00 P.M.
The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.
Advertisements: 11/8/2022
11/15/2022
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies Page ii
TABLE OF CONTENTS
I. DEFINITIONS .................................................................................................. 1
II. INTRODUCTION .............................................................................................. 1
III. INSTRUCTIONS ............................................................................................... 2
IV. SCOPE OF SERVICES/PROJECT ..................................................................... 3
V. PRE-BID AND BID MEETINGS .......................................................................... 4
VI. BID OPENING AND CONFIDENTIALITY ............................................................ 5
VII. AWARD ........................................................................................................... 5
VIII. PROTESTS/APPEALS ...................................................................................... 5
IX. SPECIAL CONDITIONS .................................................................................... 6
X. GENERAL CONDITIONS ................................................................................... 7
XI. POST AWARD RESPONSIBILITIES .................................................................. 10
EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES (WHICH MUST ACCOMPANY BID FORM)
B-1. Equal Employment Opportunity Compliance Certificate B-2. Bidder’s Statement on Previous Contracts Subject to EEO Clause B-3. Non-Collusion Affidavit
B-4. Worker’s Compensation Insurance Certificate
B-5. Ownership Disclosure
B-6. Americans with Disabilities Act Compliance Certificate B-7. Drug-Free Workplace Certificate
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISION
ATTACHMENT 2 - INSURANCE REQUIREMENTS
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
I. DEFINITIONS
For the purposes of RFB NO. 22-23-18, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.
5. “RFB” means Request for Bid No. 22-23-18.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for the supply and delivery of veterinary supplies to the Animal Services Division, located at 29016 Hwy 99 in Visalia, CA.
The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one -year periods." Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.
Local Vendor Preference In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.
The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.
Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a t arget of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice.
Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital st atus, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.
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Annual Contract for Supply and Delivery of Veterinary Supplies
III. INSTRUCTIONS
1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.
2. Cross out and initial mistakes in ink and place the correct response next to same.
3. Timely submit Bid and all required forms in a sealed envelope addressed to:
City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
The outside, upper left-hand corner of envelope shall have the Bidder’s name and mailing address. The lower left -hand corner of the envelope shall be marked with Bid Number, Project Title and Deadline Date & Time (as shown below).
4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.
5. Inquiries: Instructions to Bidders, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334, or by FAX (559) 713-4801. All questions regarding this bid should be addressed to Visalia Purchasing D ivision, h owever, to prevent misinterpretations, the Purc hasing Division would prefer that all questions be sent by email to [email protected].
To allow adequate time for responding to questions, all q uestions regarding this RFB must be received no later than Tuesday, December 6, 2022.
Bidder’s Name
Bidder’s Mailing Address
City, State Zip
City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
Sealed Bid For: RFB-22-23-18
Project: Annual Contract for Supply and Delivery of Veterinary Supplies Bid Deadline: Tuesday, December 13, 2022 @ 1:00 P.M.
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
IV. SCOPE OF SERVICES/REQUIREMENTS
Services required under this contract will consist of the supply and d elivery of veterinary supplies required by the City of Visalia Animal Services Department. Awarded vendor shall deliver supplies to 29016 Hwy 99 in Visalia, CA 93277.
The City currently utilizes the products listed below, however, approved equivalents of each will be accepted. Vendor is to ensure that products provided under this contract are comparable or equivalent to what is currently being utilized.
Item Description Category
Estimated
Annual
Quantity
Albon® Oral Suspension 5% - 60 Ml Pharmaceutical 1 ea Albon® Tablets - 125 Mg - 200/bottle Pharmaceutical 1 ea Amoxicillin Capsules - 500 Mg - 500/bottle Pharmaceutical 1 bot Biomox® Oral Amoxicillin - Oral Suspension - 50 Mg/ml, 15 Ml
Pharmaceutical 5 ea
Biomox 100 Mg/ml, 500 ct Pharmaceutical 1 ea
Carprovet® (carprofen) Flavored Tablets - 100 Mg - 180/bottle
Pharmaceutical 1 bot
Carprovet® (carprofen) Flavored Tablets - 25 Mg -
60/bottle –
Pharmaceutical 2 bot
Carprovet® (carprofen) Flavored Tablets - 75 Mg -
60/bottle
Pharmaceutical 4 bot
Chlorhexidine Solution 2% - 1 Gallon, 1/pkg Hospital Supplies 1 gl Dexamethasone Injection - 100 Ml Pharmaceutical 1 ea
Diphenhydramine Injection - 50 Mg, 10 Ml Vial, 1/pkg Pharmaceutical 1 ea Doxycycline Hyclate Tablets - 100 Mg - 500/bottle Pharmaceutical 11 bot Doxycycline Hyclate Tablets - 20 Mg - 100/bottle Pharmaceutical 9 bot Fatal-plus® C Iin Solution - 250 Ml Pharmaceutical 6 ea Feca-med Premixed Solution - 1 Gallon Lab Equipment 1 ea Heparin Sodium Injectable - 5000 Units/ml, 1 Ml Vial, 25/pkg Pharmaceutical 1 ea Kenalog Injection - 5 Ml Pharmaceutical 3 ea
Ketamine Injection C Iiin - 100 Mg/ml, 10 Ml Pharmaceutical 10 vi Kmr® Powder - 28 Oz Can, 6/pkg Pharmaceutical 2 ea Metronidazole Tablets - 250 Mg - 500/bottle Pharmaceutical 1 bot Neo Poly Bac Zinc Ophthalmic Ointment - 3.5 G, 1/pkg Pharmaceutical 2 ea Nobivac® 3-rabies Ca - 50 X 1 Ml Dose Pharmaceutical 18 pk Novibac Canine 1-DAPPv 25x1 ds Pharmaceutical 49 pk
Novibac Intra-Trac 3 ADT 25x1ds .5ml/229M Pharmaceutical 49 pk Novibac Feline 1-HCP 25x1ds 229 Pharmaceutical 5 pk
Panacur® Suspension - 1000 Ml Pharmaceutical 2 ea
Promace® Injectable - 50 Ml Pharmaceutical 1 ea
Promace® Tablets - 25 Mg, 100/bottle Pharmaceutical 1 ea Rescue™ Disinfectant Concentrate - 55 Gallon Hospital Supplies 3 ea Rimadyl® Injectable - 50 Mg/ml, 20 Ml Pharmaceutical 1 ea Terramycin® Ophthalmic Ointment - 1/8 Oz Tube Pharmaceutical 4 ea Trazodone Tablets - 100 Mg - 100/bottle Pharmaceutical 3 bot RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Trazodone Tablets - 50 Mg - 100/bottle Pharmaceutical 3 bot Veda-k1 Injection - 100 Ml Pharmaceutical 1 ea
Vetericyn Plus® Ophthalmic - Gel - Consumer Formula, 3 Oz
Pharmaceutical 4 ea
Vetericyn® Plus Vf Antimicrobial Otic Solution - 3 Oz Pharmaceutical 2 bot Vetericyn® Plus Vf Antimicrobial Wound & Skin Cleanser - 3 Oz
Pharmaceutical 2 bot
Vetericyn® Vf Wound & Skin Care - Liquid Spray - 16 Oz Trigger
Pharmaceutical 2 ea
Witness® Heartworm Test Kit - 25 Tests/kit Lab Equipment 1 bx SNAP Parvo test (5) Pharmaceutical 9 ea
Nitrile Powder-free Exam Gloves - Extra Large, 100/pkg Apparel 10 bx Nitrile Powder-free Exam Gloves - Large, 100/pkg Apparel 10 bx Nitrile Powder-free Exam Gloves - Medium, 100/pkg Apparel 10 bx Powder-free Nitrile Exam Gloves - Large, 100/pkg Apparel 10 bx Dispoject® Needles - 20 Gauge X 1" Catheters,
Syringes, Needles
& Tubing
10 bx
Feline Ultranasal™ Fvrcp - 20 X 1 Dose Pharmaceutical 2 bx Terumo® Sur -vet® Hypodermic Syringes With
Needle - 3 Cc Luer Lock With Thin Wall Needle - 25 Gauge X 5/8" 100/pkg
Catheters,
Syringes, Needles
& Tubing
10 bx
The estimated quantities listed above and on the bid form are for the purposes of bidding. The City of Visalia does not guarantee a minimum amount of product to be ordered and reserves the right to order greater or less than the amounts listed.
Awarded Vendor shall bear all risks of loss, injury or destruction of goods or equipment incidental to providing these products that may occur prior to delivery to and acceptance by the City; and such loss, injury or destruction shall not release the vendor from any obligation hereunder.
Unit prices bid shall include all costs for delivery and all applicable taxes and fees.
Should a need arise for supplies which are not available from the awarded vendor, the City reserves the right to secure supplies from other sources to meet its immediate need without prejudice of the contract.
Vendor shall invoice the City upon delivery of an order. Payment for services will be issued within thirty (30) days from receipt of invoices. The City reserves the right to reject any invoice which does not reflect the accurate accounting of s upplies provided. All invoices must clearly indicate the City’s assigned Annual Contract Purchase Order Number.
V. PRE-BID AND BID MEETINGS
1. Non-mandatory Pre-Bid Meeting (Teleconference). A non-mandatory pre-Bid teleconference has been scheduled for Wednesday, November 30, 2022, at 10:00 a.m. To register for the meeting and receive the call -in number or link to join online, please send your contact information to [email protected] or call (559) 713-4334.
Attendance at this meeting is not required to submit a Bid in response to th is RFB but is encouraged. Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.
2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.
City Project Manager: Lena Cooper
Department: Animal Services
VI. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Tuesday, December 13, 2022 at 1:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read out loud and shall be open to public inspection after all bids are reviewed and an Intent to Award decision has been made.
2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After the award, the City intends that its selection process will be open and public.
Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect, or be provided a copy of, any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.
VII. AWARD
1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the C ity. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract , and who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its A ward Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedu res for soli citing and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and
2. Should ident ify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest.
The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the C ity’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
IX. SPECIAL CONDITIONS
1. Product Issues
a. Complete Project. The successful Bidder shall be responsible for providing all materials, equipment and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB and related agreement to describe a functionally complete project.
b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract ed Price, or the amount due the Contractor will only be reduced/increas ed after the price change is reviewed and authorized in writing by the City of Visalia.
2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. The City’s Project Manager shall decide issues of quality and acceptability of materials, products and equipment and all questions related to fulfillment of the contract . Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Vendor shall be new and/or of a quality equal to that specified.
(2) Manufacturer’s Directions. Manufactured articles and materials shall be applied, used, cleaned and conditioned as directed by the manufacturer.
(3) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such produc ts are equal in every respect to those specified. The burden of proof of compliance with RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
the specifications is the responsibility of Vendor. City shall be the sole judge as to the adequacy of any item for substitution.
3. Legal Responsibilities.
It is the responsibility of Vendor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the p roject. Contractor shall comply with all applicable labor laws and ensure against discrimination.
X. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit applications in response to this notice. Individuals or entities submitting applications to City of Visalia will not be discriminated against on basis of race, religion, color, na tional origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcont ractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless signed in ink (not typed) i n the appropriate space(s) by an authorized officer or employee of the Bidder.
4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.
5. Bids may be withdrawn prior to the Bid Closing D ate by writing to the Purchasing Division.
6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.
7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
8. All Bids are the property of the City after submission.
9. City is not responsible for Bid errors and omissions.
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10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.
11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.
12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.
13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.
14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.
15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.
16. Bidder shall withhold, pay and report all taxes and issue W -2 forms at the end of each calendar year for employees used to implement the proposed contract.
17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
18. The City may make such investigation of the Bidder and inform ation in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment history and reputation.
19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
20. Each Bidder, will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for c omparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
22. Bidders shall satisfy themselves by personal examination of the specifications and other contract documents and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project work must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.
23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate items.
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24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.
25. Only one Bid may be submitted as a “ Prime Contractor” for the same work by any firm, individual, partnership, corp oration or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub -Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination the reof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A C ontractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
27. The annual contra ct resulting from this invitation to bid will be administered by the Animal Services Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.
28. The initial contract term shall be for a twelve (12) month period and shall , at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.
29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is her eby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no s ooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract ’s unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
In addition to the price adjustment procedure outlined in this section, the contractor may request a price adjustment on an individual contract item when the vendor can demonstrate the contract pricing will result in a loss on the sale of that item. It will be the responsibility of the contractor to submit written documentation of any manufacturer price increase along with a written request for an individual price adjustment to the project manager for review prior to the sale of such an item under the agreement. Price adjustments must be agreed upon in wri ting and any failure to complete the approval of a requested price adjustment prior to the sale of that item will result in the use of original contract pricing for that item.
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30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work re quired by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
XI. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1 -2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.
2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall obtain and ma intain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.
Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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EXHIBIT “A”
BID FORM
RFB NO. 22-23-18
BIDDING AGENCY: _____________________________________________________
PROJECT: ANNUAL CONTRACT FOR SUPPLY AND DELIVERY OF
VETERINARY SUPPLIES
TO: THE CITY OF VISALIA PURCHASING DIVISION
In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-18 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents t herefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, Scope of Services/Work, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.
BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after rec eiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.
BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusi on, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.
Bid Award shall be based on the Lowest Total Bid Amount. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
Low Bidder shall be determined on the lowest Total Bid Amount . Contract, if awarded, will be to the lowest bidder whose bid is deemed both responsive and responsible and whose bid meets all requirements as described in RFB 22-23-18.
Quantities listed are for bid comparison only and the City reserves to right to req uire less or more quantities as needed . Compensation under this contract will be paid on actual amounts of work completed at the unit prices bid.
BIDDER has read and hereby agrees to the conditions stated in this Bid by affixing his/her signature on the Bid Form.
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Annual Contract for Supply and Delivery of
Veterinary Supplies as described in RFB 22 -
23-18
Item
#
Item Description
Unit Price
(includes all
fees, tax and
delivery
charges)
Estimated
Annual
Quantity
Annual Cost
(Unit Price x
Estimated
Quantity)
1 Albon® Oral Suspension 5% - 60 Ml $ _____________ 1 ea $ _____________ 2 Albon® Tablets - 125 Mg - 200/bottle $ _____________ 1 ea $ _____________ 3 Amoxicillin Capsules - 500 Mg - 500/bottle $ _____________ 1 bot $ _____________ 4 Biomox® Oral Amoxicillin - Oral
Suspension - 50 Mg/ml, 15 Ml
$ _____________ 5 ea $ _____________
5 Biomox 100 Mg/ml, 500 ct $ _____________ 1 ea $ _____________ 6 Carprovet® (carprofen) Flavored
Tablets - 100 Mg - 180/bottle
$ _____________ 1 bot $ _____________
7 Carprovet® (carprofen) Flavored
Tablets - 25 Mg - 60/bottle –
$ _____________ 2 bot $ _____________
8 Carprovet® (carprofen) Flavored
Tablets - 75 Mg - 60/bottle
$ _____________ 4 bot $ _____________
9 Chlorhexidine Solution 2% - 1 Gallon, 1/pkg $ _____________ 1 gl $ _____________ 10 Dexamethasone Injection - 100 Ml $ _____________ 1 ea $ _____________ 11 Diphenhydramine Injection - 50 Mg, 10 Ml
Vial, 1/pkg
$ _____________ 1 ea $ _____________
12 Doxycycline Hyclate Tablets - 100 Mg -
500/bottle
$ _____________ 11 bot $ _____________
13 Doxycycline Hyclate Tablets - 20 Mg -
100/bottle
$ _____________ 9 bot $ _____________
14 Fatal-plus® C Iin Solution - 250 Ml $ _____________ 6 ea $ _____________ 15 Feca-med Premixed Solution - 1 Gallon $ _____________ 1 ea $ _____________ 16 Heparin Sodium Injectable - 5000 Units/ml,
1 Ml Vial, 25/pkg
$ _____________ 1 ea $ _____________
17 Kenalog Injection - 5 Ml $ _____________ 3 ea $ _____________ 18 Ketamine Injection C Iiin - 100 Mg/ml, 10 Ml $ _____________ 10 vi $ _____________ 19 Kmr® Powder - 28 Oz Can, 6/pkg $ _____________ 2 ea $ _____________ 20 Metronidazole Tablets - 250 Mg - 500/bottle $ _____________ 1 bot $ _____________ 21 Neo Poly Bac Zinc Ophthalmic Ointment - 3.5
G, 1/pkg
$ _____________ 2 ea $ _____________
22 Nobivac® 3-rabies Ca - 50 X 1 Ml Dose $ _____________ 18 pk $ _____________ 23 Novibac Canine 1-DAPPv 25x1 ds $ _____________ 49 pk $ _____________ 24 Novibac Intra-Trac 3 ADT 25x1ds .5ml/229M $ _____________ 49 pk $ _____________ 25 Novibac Feline 1-HCP 25x1ds 229 $ _____________ 5 pk $ _____________ 26 Panacur® Suspension - 1000 Ml $ _____________ 2 ea $ _____________ 27 Promace® Injectable - 50 Ml $ _____________ 1 ea $ _____________ 28 Promace® Tablets - 25 Mg, 100/bottle $ _____________ 1 ea $ _____________ 29 Rescue™ Disinfectant Concentrate -
55 Gallon
$ _____________ 3 ea $ _____________
30 Rimadyl® Injectable - 50 Mg/ml, 20 Ml $ _____________ 1 ea $ _____________ 31 Terramycin® Ophthalmic Ointment -
1/8 Oz Tube
$ _____________ 4 ea $ _____________
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Item
# Item Description (cont’d)
Unit Price
(includes all
fees, taxes &
delivery
charges
Estimated
Annual
Quantity
Annual Cost
(Unit Price x
Annual
Quantity)
32 Trazodone Tablets - 100 Mg - 100/bottle $ _____________ 3 bot $ _____________ 33 Trazodone Tablets - 50 Mg - 100/bottle $ _____________ 3 bot $ _____________ 34 Veda-k1 Injection - 100 Ml $ _____________ 1 ea $ _____________ 35 Vetericyn Plus® Ophthalmic - Gel -
Consumer Formula, 3 Oz
$ _____________ 4 ea $ _____________
36 Vetericyn® Plus Vf Antimicrobial Otic
Solution - 3 Oz
$ _____________ 2 bot $ _____________
37 Vetericyn® Plus Vf Antimicrobial
Wound & Skin Cleanser - 3 Oz
$ _____________ 2 bot $ _____________
38 Vetericyn® Vf Wound & Skin Care -
Liquid Spray - 16 Oz Trigger
$ _____________ 2 ea $ _____________
39 Witness® Heartworm Test Kit - 25
Tests/kit
$ _____________ 1 bx $ _____________
40 SNAP Parvo test (5) $ _____________ 9 ea $ _____________ 41 Nitrile Powder -free Exam Gloves - Extra
Large, 100/pkg
$ _____________ 10 bx $ _____________
42 Nitrile Powder -free Exam Gloves - Large,
100/pkg
$ _____________ 10 bx $ _____________
43 Nitrile Powder -free Exam Gloves - Medium,
100/pkg
$ _____________ 10 bx $ _____________
44 Powder-free Nitrile Exam Gloves - Large,
100/pkg
$ _____________ 10 bx $ _____________
45 Dispoject® Needles - 20 Gauge X
1"
$ _____________ 10 bx $ _____________
46 Feline Ultranasal™ Fvrcp - 20 X 1
Dose
$ _____________ 2 bx $ _____________
47 Terumo® Sur -vet® Hypodermic
Syringes With Needle - 3 Cc Luer Lock With
Thin Wall Needle - 25 Gauge X 5/8",
100/pkg
$ _____________ 10 bx $ _____________
TOTAL BID AMOUNT
(Items 1-47 Annual Cost Total) $ _____________
(1) __________________________________________________________________________________________ Bidding Firm
(2) __________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3) __________________________________________________________________________________________ Business Address City State Zip Code
________________________________________________________________________________ ___________ Telephone Number Email Address
(4) _________________________________________________________________________________________ Signature of Authorized Person (Date)
________________________________________________________________________________ Type or Print Authorized Person’s Name
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.
(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.
(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership m ust sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a certificate prior to commencement of work. Please contact the Business Tax Division at (559) 713-4326.
Federal Tax I.D. No.: ____________________________________________________
REFERENCES: The following are the names, addresses, and telephone numbers for at lea st three (3) agencies for which BIDDER has performed work similar in size or volume and scope within the past two years.
Company Name Address Tel. No. Contact
1.______________________________________________________________________ __________________________
2.________________________________________________________________________________________________
3.________________________________________________________________________________________________
DESIGNATION OF SURETIES:
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type
1.__________________________________________________________________________________________________
2.__________________________________________________________________________________________________
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Submit with Bid
EXHIBIT “B-1”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, la yoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the co ntracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
3. The BIDDER will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers ’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain complian ce with such rules, regulations and orders.
6. In the event of the BIDDER’s non -compliance with the non -discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended , in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract o r purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Submit with Bid
EXHIBIT “B-2”
BIDDER’S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)
Note: THIS FORM IS TO BE COMPLETED BY BIDDER AND SUBMITTED WITH BID Within 24 hours after the bid opening, the three lowest bidders shall submit this form (completed and signed by each of their listed subcontractors). A scanned copy will be accepted however, the original copies must be mailed or hand delivered.
The BIDDER shall complete the following statement:
The BIDDER _________________________________________________, proposed subcontractor _________________________________________, hereby certifies that he has_____, has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, of the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and representations indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to a ward of subcontracts.
If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO -I” prior to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name: ______________________________________________
Title: ______________________________________________
Date: ______________________________________________
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Submit with Bid
EXHIBIT “B-3”
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collus ive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid , or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same i n his/her /their authorized capacity (ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Submit with Bid
EXHIBIT “B-4”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to un dertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Submit with Bid
EXHIBIT “B-5”
CITY OF VISALIA, CALIFORNIA
Ownership Disclosure for Contractors/Consultants
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name:___________________________________________________________________ Firm Address:_________________________________________________________________
List the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Submit with Bid
EXHIBIT “B-6”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
Submit with Bid
EXHIBIT “B-7”
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME
FEDERAL ID NUMBER
BY (Authorized Signature)
DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)
( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
EXHIBIT “C”
SAMPLE CONTRACT
ANNUAL CONTRACT FOR SUPPLY AND DELIVERY OF VETERINARY SUPPLIES (City of Visalia Bid No. 22-23-18)
This Agreement, entered into and effective this ________ day of ________________, 2022 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon comple tion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter fo r four (4) consecutive one -year periods. Additionally, this Agreement may be terminated for convenience . In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 22-23-18, Annual Contract for Supply and Delivery of Veterinary Supplies
Attachment 4 CONTRACTOR’s bid in response to RFB No. 22-23-18
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates:
All work described in Scope of Services for Bid No. 22-23-18.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
TASK COMPLETION DATE
Pay Vendor monthly as invoiced for supplies provided Monthly, as invoiced by Vendor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time -period will not be considered.
The unit prices for the ensuing contracts shall be based on the mov ement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract’s unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be ret roactive and shall apply only to changes incurred after approval.
In addition to the price adjustment procedure outlined in this section, the contractor may request a price adjustment on an individual contract item when the vendor can demonstrate the contract pricing will result in a loss on the sale of that item. It will be the responsibility of the contractor to submit written documentation of any manufacturer price increase along with a written request for an individual price adjust ment to the project manager for review prior to the sale of such an item under the agreement. Price adjustments must be agreed upon in writing and any failure to complete the approval of a requested price adjustment prior to the sale of that item will re sult in the use of original contract pricing for that item.
Total Compensation: $ Not to exceed Vendor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: ___________________ By: ______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
RFB NO. 22-23-18
Annual Contract for Supply and Delivery of Veterinary Supplies
EXHIBIT “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. __________________________________ Visalia, CA 93291 __________________________________ Attention: City Clerk Attention: ________________________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal : This Agreement shall be administered and interpreted under the laws of the State of California . Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
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K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State sh all provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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EXHIBIT “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requireme nts. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self -insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance . If CONTRACT OR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any a nd all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR’s employe es or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement covera ge”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance m aintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
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c. This insurance shall not be canceled, limited in scope or coverage, or non -renewed until after thirty (30) days prior written notice has b een given to the City Clerk, City of Visalia, 707 W.
Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages.
This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division