Bid # 86549 Beverage Provider - San Mateo County Community

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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.
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Non-Collusion Affidavit
Company Information and Signatory
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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.
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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.)
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
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
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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.
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
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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
____________
_________________________
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