Request for Proposal # 86549 Selection of Beverage Provider for the San Mateo County Community College District Multi-year Agreement Beverage Provider RFP # 86549 Table of Contents I. Introduction and Overview II. RFP Information III. RFP Instructions and Requirements IV. RFP Specifications V. Exhibits: i. ii. 3/09/2007 Non-Collusion Affidavit Company Information and Signatory RFP #86549 2 Beverage Provider RFP # 86549 I. Introduction and Overview The San Mateo Community College District (SMCCCD, the District) is seeking qualified bids for distribution and pouring rights of soft drink, other mutually agreed upon beverage products, fountain products, related auxiliary equipment, delivery, service system and program for the three college campuses and District office including vending machines, cafeterias, and bookstores. This pouring rights contract will be separate from outside catering. It is the District’s intent to contract with a qualified company to be the exclusive provider of beverage, fountain products, and auxiliary equipment for distribution and resale of beverages at the cafeterias and bookstores for the three college locations as well as all vending machines through out the District. It is anticipated that an exclusive, long term agreement will provide additional resources for the District beyond preferential pricing and commissions. In return, the District beverage program agreement will grant the beverage vendor specific and exclusive rights to sell, promote, and advertise their products on campuses which, due to the length of the contract, will provide significant promotional benefits that will accrue to the beverage vendor. Located in San Mateo, California (between San Francisco and the Silicon Valley), the San Mateo County Community College District is a public educational institution with three colleges: Skyline College in San Bruno, Cañada College in Redwood City, and the College of San Mateo in San Mateo. The District serves the educational needs of the San Mateo County Peninsula, as well as residents of San Francisco and neighboring counties. Approximately 40,000 people attend one of the three Colleges of the San Mateo County Community College District with FTES of 19,750 students. The District employs over 2100 faculty and staff. Although the boundaries of the San Mateo County Community College District are the same as those of the County, the District Board of Trustees is independent of County government. The five-member Board of Trustees is elected at large by County voters every four years, and governs one of the largest and most innovative two-year college systems in California. 3/09/2007 RFP #86549 3 Beverage Provider RFP # 86549 II. RFP Information 1. SMCCCD Contacts SMCCCD Contacts General Services 3401 CSM Dr. San Mateo, CA 94402 (650) 358.6879 Contact: Jan Roecks roecksj@smccd.edu Executive Vice Chancellor 3401 CSM Dr. San Mateo, CA. 94402 (650) 358.6790 Contact: Jim Keller kellerj@smccd.edu Admin for EVC 3401 CSM Dr. San Mateo, CA 94402 (650) 358.6786 Contact: Suki Chang chang@smccd.edu Chief Financial Officer 3401 CSM Dr. San Mateo, CA 94402 (650) 358.6869 Contact: Kathy Blackwood blackwoodk@smccd.edu Auxiliary Services 3401 CSM Dr. San Mateo, CA 94402 (650) 358.6767 Contact: Tom Bauer bauert@smccd.edu 2. Timelines for RFP (The District reserves the right to change or alter the times and activities) Dates and Timeframes Release of RFP March 12, 2007 Deadline for vendors’ submission of proposals April 13, 2007 SMCCCD screen proposals Week of April 17, 2007 Bidder Presentations Weeks of April 24, 2007 Anticipated Award Approval Week of April 30, 2007 Anticipated Board Approval of Bidder May 9, 2007 New Contract Operational July 1, 2007 3. Proposal Contents Proposal consists of the following, all of which must be submitted concurrently and executed as required by these Request for Proposal instructions or by the form of document: Proposal, submitted on company letterhead, replies to section IV, RFP Specifications Non-Collusion Affidavit, Exhibit I Company Signatory Page, Exhibit II Reference contacts and required information, submitted on company letterhead (III 13.) 3/09/2007 RFP #86549 4 Beverage Provider RFP # 86549 The following sections require an initial or check box: “Liability and Insurance” (III 19); “Scholarships” (III 25.); and “Piggyback” (III 31) III. RFP Instructions and Requirements 1. General Vendors must comply with the provisions of these Instructions for Completion/Submission of the RFP (“RFP Instructions and Requirements”). The failure of a Vendor to comply with the RFP Instructions will result in rejection of the Vendor’s RFP for non-responsiveness. 2. Definitions The District, the Colleges and the Vendor are those named as such in the contract documents and are referred to as if each were of the singular number and masculine gender. 3. Vendor Qualifications Only Proposals submitted by vendors with the relevant experience, qualifications and capacity to meet the needs of SMCCCD will be accepted. 4. Submission of RFP a. Submission of Executed “Hard Copy”. Vendors interested in this opportunity should submit three bound copies of the Vendor’s Proposal, plus one unbound copy, in a sealed envelope to the Department of General Services, San Mateo County Community College District located at 3401 CSM Drive, San Mateo, CA 94402 by 2:00 pm on March 30, 2007. Please indicate “RFP 86549 Enclosed” on the lower left corner of the envelope. b. Digital Submittals. Digital submittals shall be forwarded to districtbids@smccd.edu after 2 pm on March 30, 2007. Do not submit your digital copy prior to this date and time. c. Vendor’s Review of District Web Site. Any addendums, clarifications, RFP updates/revisions, or replies to specific questions will be posted on the District web site (http://www.smccd.edu/purchasing); all such matters shall be deemed incorporated into all Vendors’ RFP Proposals. Prior to submission of a RFP Proposal, all Vendors MUST review materials on this web site. Vendors are responsible for incorporating these changes or addendums into their respective RFP Proposals. Those web postings should be treated like all requirements set forth in this RFP. d. Copies of this RFP can be obtained by visiting the SMCCCD Purchasing Department’s Website at www.smccd.edu/purchasing . Click on Bid Announcements. 5. Modifications to Submitted RFP A Vendor submitting a Proposal may modify its submitted Proposal in writing, to be received by the District’s Department of General Services at or prior to the latest time/date for submission of 3/09/2007 RFP #86549 5 Beverage Provider RFP # 86549 Proposals. Modifications to the submitted RFP, which are not in writing, will not be accepted and will not be deemed modifications to the submitted Proposal. 6. Signature A responsible officer or employee of the Vendor must sign the proposal. An unsigned, but executed Proposal will be rejected for non-responsiveness. 7. Non-Collusion Affidavit Each Vendor shall submit with its response a duly completed and executed form of Non-Collusion Affidavit. The required form of Non-Collusion Affidavit is included as Exhibit I in this RFP. The failure of a Vendor to submit the completed and executed form of Non-Collusion Affidavit with its Proposal will result in rejection of the Proposal for non-responsiveness. 8. Evidence of Responsibility Upon the request of the District, a Vendor whose Proposal is under consideration shall promptly submit to the District satisfactory evidence showing the Vendor’s financial resources, organization, and plant facilities available for the performance of the contract. The failure of such a Vendor to submit requested materials in a timely manner will result in rejection of the Vendor’s Proposal for non-responsiveness. 9. District Modifications to Proposal The District reserves the right to modify this RFP or any portion hereof by written addendum issued to all Vendors who have previously obtained this RFP from the District. All addendums issued by the District pursuant to the foregoing shall be deemed incorporated into the Proposals. 10. Vendor Inquiries Vendors may request clarifications or make other inquiries concerning this RFP or the requirements hereof. Questions regarding this RFP should be submitted via email to districtbids@smccd.edu. If vendors contact individual colleges for questions, they must cc districtbids@smccd.edu.The intent is to create a fair and open RFP with all vendors having access to equal information. 11. Evaluation of RFP Proposals & Award The District’s decision will be based on the evaluation of several factors including but not limited to the following: Scope of the merchandise and services provided including the method of service delivery, service frequency, etc. Pricing structure for all proposed products including commissions, and costs to locations for fountain mix, cups, and other supplies and the cost per unit for canned, bottled and other products for sale. Contractor’s experience and performance in other educational institutions Demonstrated level of marketing and service support as desired by the District Consideration will be given to the level of sponsorship the prospective vendor is willing to donate to the numerous campus events and activities. 3/09/2007 RFP #86549 6 Beverage Provider RFP # 86549 Scholarships The District reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal or in the proposal process. Award of the contract(s) by the Board will be based upon a comprehensive review and analysis of the proposal(s), which best meet the needs of the college communities. The District will be the sole judge of the suitability of the proposal and the Vendor shall abide by its decision. Bidders may not withdraw an RFP for a period of one hundred and twenty (120) days after the date set for the opening of RFP. The San Mateo County Community College District is an equal opportunity, affirmative action employer. The District reserves the right to award the contract to multiple vendors if this is the best option for the District. Proposals shall be submitted on company letterhead and signed by the appropriate company officials. 12. Contract Terms & Conditions The term of the contract shall be for a period of five (5) years beginning July 1, 2007 and terminating June 30, 2012. The term may be extended for an additional two (2) years by mutual agreement of the parties ninety (90) days prior to the expiration of the contract. By submission of a proposal, Vendor agrees to abide by the terms and conditions of the proposal and contract documents. Any exceptions by the Vendor shall be clearly noted in the proposal response and alternate language shall be proposed therein. Any and all agreements, forms, etc. that the Vendor would require the District to sign and approve in the event of the award of contract must be included with the proposal response. The District reserves the right to cancel the contract resulting from this agreement with sixty (60) days written notification. 13. References The Vendor shall include with its proposal response a minimum of five (5) customer references from educational or comparable institutions for which it has successfully provided beverage services for a minimum period of three (3) years. The references shall include the following, minimum information: firm name, contact name, complete address, email address and telephone number, type of service provided, and length of contract. Further, each Vendor should provide one (1) reference of a vendor who has terminated relations with the vendor with an explanation of the cause of such termination and the improvement plan that the vendor derived from this experience. 14. Independent Contractor Status Vendor hereby agrees that the District has hired the respondent as an independent contractor and not as an agent or employee of the District. Further, Vendor agrees that it has and retains the right to exercise control and supervision of the work and full control over the employment, direction, compensation and discharge of all persons assisting in the work. 15. Vendor Financial The Vendor takes sole responsibility for wages, including withholding of income taxes, social security taxes and preparation and filing of IRS Form 1099 for each individual furnished to the District under this contract, workers' compensation premiums, compliance with OSHA and all employment-related regulations relating to its employees. In addition, the Vendor will be responsible 3/09/2007 RFP #86549 7 Beverage Provider RFP # 86549 for its own acts and those of its subordinates, employees and agents during the term of this contract. Vendor agrees that as an independent contractor it is solely responsible for all federal, state and local taxes. Finally, the Vendor agrees that its officers and employees do not become employees of the District, nor are they entitled to any District employee benefits because of the execution of this contract. 16. Subcontractors The District does not allow subcontracting for RFP # 86549. 17. Conflict of Interest No officer, member or employee of the District and no member of its governing bodies shall have any pecuniary interest, direct or indirect, in this contract or the proceeds thereof. No Vendor or member of Vendor's family shall serve on a District board, committee, or hold any such position which either by rule, practice or action nominates, recommends, supervises Vendor's operation or authorizes funding to Vendor. 18. Legal Entity Should a change be contemplated in the name or nature of the Vendor’s legal entity, the Vendor shall first notify the District in order that proper steps are taken to have the change reflected in all legal documents. In such case, it shall be incumbent on the Vendor to continue operation until relieved by a subsequent Vendor chosen by the District (not to exceed ninety (90) days). The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the District. 19. Liability and Insurance The vendor for beverage services shall provide a certificate of insurance evidencing $1,000,000 in errors and omissions insurance coverage. Vendor shall be responsible for all damages to persons or properties that occur as a result of Vendor's or Vendor's employees fault or negligence in connection with the performance of this Agreement. Vendor shall procure and maintain during the life of this Agreement, Comprehensive General Liability insurance which provides for injuries including accidental death, per any one occurrence in an amount not less than $2,000,000 per occurrence and $4,000,000 annual aggregate; property damage insurance in an amount not less than $2,000,000 per occurrence; and business automobile liability insurance in an amount not less than $2,000,000 including coverage for owned, non-owned and hired vehicles. Vendor shall have in effect, during the entire life of this Agreement, Workers' Compensation and Employer Liability Insurance providing full statutory coverage. In signing this Agreement, Vendor makes the following certification, required by Section 1861 of the California Labor Code (select one): I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Workers' Compensation or to undertake 3/09/2007 RFP #86549 8 Beverage Provider RFP # 86549 self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of the Agreement. Or I have no employees and, therefore, will not submit a Certificate of Workers' Compensation. Vendor Signature Certificates of Insurance for coverage required herein shall be filed with District's Executive Vice Chancellor prior to the commencement of work. The certificates shall provide that if the policy or policies be canceled by the insurance company or Vendor during the term of this Agreement, thirty (30) days written notice prior to the effective date of such cancellation will be given to District's Executive Vice Chancellor. The certificates shall also show the information that the San Mateo County Community College District is named on Vendor's Comprehensive General Liability and Property Damage policies as co-insured or added thereon by endorsement as a named insured or additional insured. The Vendor’s insurance carrier must be approved by the District and carry an “A” rating. 20. Proof of Insurance Proof of insurance shall be delivered to the Department of General Services prior to the contract beginning date. Certificates of insurance shall state in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, and cancellation and reduction notice. Certificates of insurance shall clearly state that the District and its officers, agents, employees and servants are named as an additional insured under the policy described and that such insurance afforded thereby to the District, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the District, or its officers and employees have other insurance or self-insurance against a loss covered by such a policy, such other insurance shall be excess insurance only. Vendor shall provide District with the endorsement to the policy that names District as additional insured. Certificates and insurance policies shall include the following clause: “This policy shall not be canceled or reduced in required limits of liability or an amount of insurance until notice has been mailed to the District. Date of cancellation or reduction may not be less than thirty (30) days after date of mailing notice." 21. Indemnification The Vendor, at its expense, shall indemnify the District from and defend or settle any claim or action brought against the District to the extent that it is based on a claim that any services furnished hereunder infringed any patented or unpatented invention, copyright, trademark, service mark, trade secret, process, article, appliance manufactured or used or other legally protected proprietary right. The Vendor shall pay all costs, fees (including attorneys' fees) and damages which may be incurred by the District for any such claim or action or settlement thereof. 3/09/2007 RFP #86549 9 Beverage Provider RFP # 86549 22. Taxes The Vendor assumes complete liability for all taxes applicable to the operations, income and transactions of the Vendor. The District shall not be liable and will not make reimbursement to the Vendor for any tax imposed either directly or indirectly upon the Vendor by any authority by reason of the contract or otherwise. The Vendor recognizes and understands that the contract may create possessor interest subject to property taxation and that the Vendor may be subject to the payment of property tax levied on such interests. 23. Confidentiality The District defines confidential information as all information disclosed to Vendor that relates to the District's past, present and future activities, as well as activities under this agreement. Vendor will hold all such information in trust and confidence. Upon cancellation or expiration of this Contract, Vendor will return to the District all written or descriptive materials that contain any such confidential information. 24. Public Record Government Code Sections 6250 et. seq., the Public Records Act defines public record as any writing containing information relating to the conduct of the public’s business. This applies to proposals submitted pursuant to this RFP. The Public Records Act provides that public records shall be disclosed upon written request, and that any citizen has a right to inspect any public record, unless the document is exempted from the disclosure requirements. SMCCCD cannot represent or guarantee that any information submitted in response to the RFP will be confidential. If the County of San Mateo receives a request for any document submitted in response to this RFP, it will not assert any privileges that may exist on behalf of the person or business submitting the proposal. Rather, SMCCCD will notify the party whose proposal is being sought. In the event that a party who has submitted a proposal wishes to prevent disclosure, it is the sole responsibility of that party to assert any applicable privileges or reasons why the document should not be produced, and to obtain a court order prohibiting disclosure. 25. Vendor Scholarship Fund The District requests that vendors help support our community college students in their academic pursuits by considering student scholarships as part of this proposal. The willingness to take a part in our students’ lives is important to a student focused district. Please check below if you are interested in participating in our Vendor Scholarship Fund, which is handled through the San Mateo Community College Foundation (SMCCF). Vendors are welcome to participate in the award presentations that occur annually at the end of the spring semester. Check one of the following: Count my firm in. We can use the tax write off. Thank you for your offer, but we will not participate. 26. Licensing 3/09/2007 RFP #86549 10 Beverage Provider RFP # 86549 The Vendor shall comply with all federal, state and local regulations relating to beverage sales and services. 27. Fair Labor Standards The Vendor shall comply with all federal, state and local regulations governing or relating to conditions of employment for its employees, including but not limited to, the Fair Labor Standards Act, the Employee-Right-to-Know Program, Americans with Disabilities Act, and the Employee Injury and Illness Prevention Program. As required of all District employees, employees of the Vendor(s), prior to being assigned to work under this contract, shall be fingerprinted and tested free from tuberculosis. The Vendor's employees shall at all times abide by the District’s Rules and Regulations while on the District’s premises. 28. Fidelity Bond The Vendor shall obtain and keep in effect, a ten thousand dollar ($10,000) blanket fidelity bond covering each employee during the term of the contract. 29. Liquidated Damages The beverage provider services shall be implemented and fully operational by July 1, 2007. If the beverage provider services are not fully operational by this time, it is understood that the District will suffer damage. It is agreed that Vendor shall pay to District as fixed and liquidated damages, and not as a penalty, the sum of eight-hundred dollars ($800.00) day for each calendar day of delay until the beverage provider services are fully operational as specified herein. Vendor and his surety shall be liable for the amount thereof. The Vendor shall not be charged liquidated damages because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Vendor including, but not restricted to: acts of God or of public enemy; acts of Government; acts of District or anyone employed by him, or acts of another Vendor in performance of a contract with the District; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; or, unusually severe weather. Vendor shall within three (3) days of the beginning of any such delay (unless the District grants a further period of time prior to date of final settlement of the contract) notify the District in writing of causes of delay; thereupon the District shall ascertain the facts and extent of delay and grant extension of time and implementation of services when, in its judgment, the findings of fact justify such an extension. In case of a continuing cause of delay, only one claim is necessary. 30. Promotion In no instance will the District/College name be used by the Vendor in connection with any advertising or promotion without the specific written permission of the District. 31. Piggyback Clause The District intends that other public agencies (city, special district, public authority, public agency, school district or other political subdivision of the state of California) shall have the option to participate in any agreement created because of this Bid for providing beverage services. The San Mateo County Community College District shall incur no financial responsibility in connection with a purchase order from another public entity. Vendor's 3/09/2007 RFP #86549 11 Beverage Provider RFP # 86549 agreement or failure to agree to the "piggyback" agreement will not be a factor in the award. This piggyback will remain available for one year from the date the Bid award. a. Check one of the following: i. □ Agree to extend all prices, terms, and conditions of my proposal to any other public agency located in the state of California with no exceptions. ii. □ Agree to extend all prices, terms, and conditions of my proposal to any other public agency located in the state of California with the following exceptions noted, as attached. iii. □ The Vendor does not agree to extend pricing, terms and conditions in our Bid to any other agency. 32. Vendor Invoicing a. Vendor shall submit a monthly commission payment by the 10th of the following month to: San Mateo CCCD Attn: Accounts Receivable 3401 CSM Dr. San Mateo, CA 94402 b. Information on the payment shall include: Contract date Payment month Payment due date Total revenue & commission amount paid to the District by campus with a breakdown of sales by location. IV. RFP Specifications Products The beverages will include all carbonated or non-carbonated, nonalcoholic beverages or soft drinks including, but not limited to, fruit juices, fruit juice-containing drinks, and fruit-flavored drinks; ready to drink coffee products; tea products; hypertonic, isotonic, hypotonic drinks, and energy and fluid replacement drinks and packaged waters sold through vending equipment. As part of the proposal, please identify your product list, including prices for each. All prices shall include all applicable State and local sales taxes. Please provide product and pricing for can/bottle beverages as an exclusive contract for all vending machines district wide Please provide product and pricing for can/bottle cooler product resale at the college cafeterias and bookstores (non-exclusive vending) Please provide product and pricing for cafeteria fountain product and cups, etc. Products pricing may be changed only with 30 days advance notice and written approval of the District. Equipment & Service The successful bidder shall provide vending machines that earn the ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency as outlined below. The vendor is encouraged to visit energystar.gov for complete product specifications and an updated list of qualifying products. 3/09/2007 RFP #86549 12 Beverage Provider RFP # 86549 Energy Consumption Current Criteria — Effective April 1, 2004 New Criteria — Effective January 1, 2007 Y = 0.55 [8.66 + (0.009 x C)] Y = 24 hr energy C = vendible capacity consumption Y = 0.45 [8.66 + (0.009 x C)] (kWh/day) after the machine has stabilized Low Power Mode: In addition to meeting the 24-hour energy consumption requirements listed above, qualifying models shall come equipped with hard wired controls and/or software capable of automatically placing the machine into a low power mode during periods of extended inactivity while still connected to its power source to facilitate the saving of additional energy, where appropriate. The machine shall be capable of operating in each of the low power mode states described below: 1. Lighting low power state — lights off for an extended period of time. 2. Refrigeration low power state — the average beverage temperature is allowed to rise above 40°F for an extended period of time. 3. Whole machine low power state — the lights are off and the refrigeration operates in its low power state. In addition, the machine shall be capable of automatically returning itself back to its normal operating conditions at the conclusion of the inactivity period. The low power mode-related controls/software shall be capable of on-site adjustments by the vending operator or machine owner. Note: EPA's goal in including these low power mode requirements is to ensure that existing machine software capabilities are available and may be used to their fullest potential based on the individual requirements of the host site. However, machines that are vending temperature sensitive product, such as milk, must not have the refrigeration low power state enabled on site by the vending operator or machine owner due to the risk of product spoilage. Shall obtain and maintain at its own expense all necessary permits, licenses and other approvals required by law and its operation Shall provide all necessary service and repair of their equipment at no cost to the District. Services include but are not limited to delivery and placement of equipment, any major repairs needed due to mechanical breakdown or vandalism, the replacement of any and all necessary spare parts, equipment relocations requested by the District, and the periodic cleanup and overhaul of all equipment. Maximum response time should be twenty four (24) hours. The vendor will be liable for any damage caused by faulty equipment. The vendor will make provision for change funds with a minimum of $25 for refunds, to be administered by the Student Activities Departments and Cafeterias on each campus. As part of the proposal, please identify a delivery and service schedule including number of service and repair personnel who will be servicing this account. 3/09/2007 RFP #86549 13 Beverage Provider RFP # 86549 Sponsorships/Donations Specific sponsorships and donations assist the District and college campuses in meeting the needs of its students and community. The successful vendor will identify specific donations and sponsorships and scholarships into which it wishes to enter during the term of this agreement. Accountability of the Successful Bidder The successful bidder: Shall meet with the District’s designated representative at least once every three months to discuss the operation in general, any new trends, proposals, etc. Shall submit a report monthly to the District’s designated representative detailing sales receipts and commission payments by product and location. The contractor shall maintain complete and accurate records of all vending transactions for each machine in accordance with the accepted industry standard and keep such financial records for a period of three years after the close of each year’s operation. All financial records of the contractor pertaining to this contract shall be made available for audit during the normal working hours for the San Mateo County Community College District or its designated auditor. The proposal should contain a detailed description of the documentation (invoicing procedures, monthly statements) that will be provided for all locations to the District. Payments are to be made monthly by the 10th of the month following the month of collections. Please provide the names and titles of staff who will be servicing this account including the Account Manager and all Delivery Personnel. Please provide references for this staff. Special Consideration During special department or student affiliated organizations’ activities, soft drink products may be donated to the College community by a soft drink supplier which may not be the District’s contracted supplier. This supplier may be allowed to place temporary signage and to have their products served. The District will endeavor to give the contracted supplier “first right of refusal” when these type of sponsorship opportunities arise. However, the District cannot guarantee first right of refusal in all such circumstances. Unrelated organizations which hold events on campus, may directly solicit donations or sponsorship from a soft drink supplier, which may or may not be the District’s contracted supplier. If these types of events occur, the sponsor will be allowed to put up temporary signage and dispense its products appropriate for the event. The District will reserve the right to obtain products for the bookstores and cafeterias to stock that are not considered a competitive brand with the vendor. The District will reserve the right to obtain products, including cups, through bulk purchase for limited activities if the products can be purchased at a lesser price than the vendor offers. 3/09/2007 RFP #86549 14 Beverage Provider RFP # 86549 V. Exhibits Exhibit I NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA, COUNTY OF _____________________ I, __________________________________, being first duly sworn, deposes and says that I am the (Typed or Printed Name) _______________________ (Title) of _____________________________________, (Vendor Name) the party submitting the foregoing Bid Proposal (“the Vendor”). In connection with the foregoing Bid Proposal, the undersigned declares, states and certifies that: 1. The Bid Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation. 2. The Bid Proposal is genuine and not collusive or sham. 3. The Vendor has not directly or indirectly induced or solicited any other Vendor to put in a false or sham RFI, and has not directly or indirectly colluded, conspired, connived, or agreed with any other Vendor or anyone else to put in sham RFI, or to refrain from submitting this Bid. 4. The Vendor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price, or that of any other Vendor, or to fix any overhead, profit or cost element of the Bid price or that of any other Vendor, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract. 5. All statements contained in the Bid Proposal and related documents are true. 6. The Vendor has not, directly or indirectly, submitted the 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 person, corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed this ____ day of ___________, 20__ at __ ______________________________. (City, County and State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. By: _________________________________ 3/09/2007 Title: _________________________ RFP #86549 15 Beverage Provider RFP # 86549 Exhibit II COMPANY INFORMATION AND SIGNATORY Company Name: Business Address: Telephone: Fax: Email: Web Site: Type of Firm: Corporation: _______ Proprietorship: _______ Partnership: ______ Joint Venture: _______ Other (please describe): Business License Number: Number of years in business under firm name: Has the firm changed its name within the past 3 years? YES NO If yes, provide former name(s): ________ _______________________________________ Full names of firm’s owners (> 10% ownership), officers and managing employees: Have there been any recent (within the last three years) changes in control/ownership of the firm? YES NO If yes, please explain: Have officers or principals of the firm ever had their business license suspended or revoked for any reason? YES NO If yes, please explain. Name and title of person completing responsible for submission of this RFP and the responses to this questionnaire: Name & Title: _________ _____________ Signature: _ Phone: 3/09/2007 _________ ______________________Email: RFP #86549 ____________ _________________________ 16