ITN #19-002: BEVERAGE VENDING SERVICES … 19...ITN #19-002 Beverage Vending & Pouring Rights Daytona State College / Purchasing Department 3 Cooperative Purchase Agreement Insurance

Daytona State College / Purchasing Department 1

INITIATION TO NEGOTIATE

ITN #19-002:

BEVERAGE VENDING SERVICES & POURING RIGHTS

Date Issued: August 31, 2018

Daytona State College is seeking proposals from qualified firms offering beverage vending services and

exclusive beverage pouring rights. Details and requirements needed by the College are provided

herein.

Notice is hereby given that sealed proposals will be received in the Purchasing Office, Building 1100,

Room 122, 1100 Willis Avenue, Daytona Beach, FL 32114 until October 3, 2018 at 2:00 p.m. Eastern

Standard Time (EST) and bid opening will take place in Building 1100, Room 123.

Direct inquiries to: Elaine Thiel

Executive Director, Business Services

Email: [email protected]

Telephone Number: (386) 506-3075

Fax Number: (386) 506-4289

Mail To: Daytona State College

Attn: Elaine Thiel

PO Box 2811

Daytona Beach, Florida 32120-2811

Delivery to: Building 1100, Room 122

1100 Willis Avenue

Daytona Beach, FL 32114

Upon receipt of this bid document, any and all communications regarding this bid must be

made only to the Purchasing Office as noted above. Any violation of this condition could result

in bid disqualification.

This is a Sealed Bid - Fax replies will not be accepted.

Daytona State College operates in accordance with the State of Florida Sunshine Laws.

ITN #19-002 Beverage Vending & Pouring Rights


Tables of Contents:

Section: Title: Page:

I Overview

Institutional Information

Contract Term

Campuses & Locations

College Enrollment

Invitation to Negotiate (ITN)

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II ITN Schedule Sealed Proposals

Questions Regarding ITN

Pre-Proposal Conference (Non-Mandatory)

Preparation of Proposals

Posting of Results

Public Records

Public Opening / Evaluation:

Disputes and Protests

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III General Information Performance Inquiry

No Proposal

Proposal Acceptance Period

Disqualification

Contractor’s Responsibility

Cone of Silence

Proposal Withdrawal

Registration

Delays

Revisions and Amendments

Conflict of Interest

Assignment

Accuracy of Proposal Information

Advertising

Governmental Restrictions

Drug Free Workplace

Public Entity Crime

Small, Minority and/or Women-Owned Business Participation

Joint Ventures

Affirmation

Prohibition against Contingent Fees

Open Competition

Obligation of Proposer

Electronic Posting of Notice of Intent to Award

Cost Discussions

Addenda

Late Proposals

Consideration of Proposals

Other Considerations

Qualification of Proposers

EEO Statement

ADA

ITN Evaluation Process/Proposal Award

Clarification

Termination

Legal Requirement

Payment Terms

Taxes

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Cooperative Purchase Agreement

Insurance

Indemnification

Gratuities or Gifts

Selling, Transferring or Assigning Contracts

Equivalents

Warranty of Work

Contractor Warranty of Ability to Perform

Independent Contractor

Proposed Materials

Certification

Errors and Omissions

Contractor’s Responsibility

Lobbying

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IV Background Information Commissions and Compensation

Food Service & Concession Operations

Bookstore Operations

Additional Information

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V Scope of Services Term of Contract

Qualifications – Additional Information May Be Requested

Financial Consideration – Commissions & Compensation

Expectation of Quality

Seasonal Business Changes

Service and Quality

Trash Removal

Sustainable Practices

Termination for Convenience

References

Contractor Personnel

Vend Price and Vend Price Adjustments during the contract

Taxes

Refunds

Location Distribution Center

Equipment

Reporting

Payment Types

Auditing

Marketing Efforts

Agreement Required

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VI Pouring Rights & Exclusivity Pouring Rights

Beverage Vending Without Pouring Rights/Exclusivity

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VII Award/Scoring Criteria Experience, Qualifications, and References

Service & Maintenance Plan

Merchandising & Product Range

Technology, Equipment, and Reporting

Total Economic Value

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VII Evaluation and Negotiation Process 30

IX Submittal Requirements Proposal Submission & Requirements

Criteria 1: Experience, Qualifications, and References o 1.1 Letter of Intent o 1.2 Company History, Experience, and Qualifications o 1.3 References

Criteria 2: Service & Maintenance Plan

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o 2.1 Service Plan o 2.2 Refund System o 2.3 Maintenance Plan o 2.4 Sustainable Practices

Criteria 3: Merchandising & Product Range o 3.1 Merchandising & Marketing o 3.2 Product Listing and Prices (Beverage Vending) o 3.3 Product Listing and Prices (Non-Vending Beverages) o 3.4 Event Orders (Cases of Product)

Criteria 4: Technology, Equipment, and Reporting o 4.1 Equipment Plan o 4.2 Technology o 4.3 Reports o 4.4 Transition Plan

Criteria 5: Economic Value o 5.1 Financial Considerations o 5.2 Other Benefits Not Listed

Required Documents

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X Required Forms & Documents Attachment 1: ITN Receipt Acknowledgement & RSVP for Pre-Proposal Meeting Attachment 2: Statement of Non-Submittal of Proposal Attachment 3: Proposal Certification Attachment 4: Acknowledgement of Addenda Attachment 5: Financial Consideration Proposal Attachment 6: Product Listing & Prices – Template Attachment 7: Public Entity Crimes Attachment 8: Non-Collusion Affidavit of Prime Bidder Attachment 9: Certification of Drug-Free Workplace

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XI Appendix A. Beverage Vending Commissions B. Category of Products and Volumes Sold C. Vending Machine Locations D. Vending Sales by Brand E. Retail Sales by Brand F. Fountain Sales by Brand

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I. Overview

Daytona State College is issuing this ITN to solicit responses from interested and qualified parties for beverage vending, beverage retail sales, and beverage pouring rights on all seven (7) Daytona State College campuses as per the terms, conditions and specifications contained herein. Through this solicitation for Proposals, the College is seeking to identify an entity with appropriate qualifications, experience, financial capacity, and a proven track record of providing similar products and services. College priorities for this contract:

Financial return in the form of commissions on vending sales and payment for the sole pouring rights on its campuses.

Ability to provide a variety of beverages, including at a minimum regular soft drinks, diet drinks, energy drinks, teas, flavored waters, sports drinks, juices, and bottled water.

Ensure selection of beverages are replenished and refreshed on a regular basis to ensure high quality and availability to meet consumer demand.

Provide sponsorship for College events, student scholarships, and athletic programs.

Provide new or recently manufactured equipment with top quality maintenance and replenishment service accepting credit/debit cards.

Institution Information: Daytona State College was authorized by the 1957 Florida Legislature and became the state’s first comprehensive community college. Today, the College has evolved from a small campus into an academically supervised multi-campus institution providing educational and cultural programs. Daytona State College has fostered a tradition of excellence in academics and service to a growing community. Daytona State College now serves more than 25,000 students annually. Daytona State provides quality, affordable job training, personal enrichment, and academic programs to educate and to empower individuals and promote economic development. As a comprehensive public college committed to open access, student learning and success, Daytona State College provides personalized attention to students, embraces diversity, and uses innovation to enhance teaching and learning. Contract Term: The term of this contract is anticipated to be a period of five (5) years with the option to renew the contract for five (5) one-year additional periods, by the College’s discretion, given that the contract terms and conditions remain the same and the renewal is deemed to be in the best interest of the College. However, proposer may offer additional information for consideration for a longer term. Please do so by indicating on the Bid Reply Form the additional compensation or commission that would be offered for a longer contract term. This submission should be in addition to the anticipated term indicated. Campuses & Locations:

Daytona Beach Campus, 1200 W. International Speedway Blvd, Daytona Beach, FL 32114

Advanced Technology Center (ATC), 1770 N. Technology Blvd., Daytona Beach, FL 32124

News-Journal Center, 221 N. Beach St., Daytona Beach, FL 32114

DeLand Campus, 1155 County Rd. 4139, DeLand, FL 32724

Deltona Campus, 2351 Providence Blvd., Deltona, FL 32725



Flagler/Palm Coast Campus, 3000 Palm Coast Parkway SE, Palm Coast, FL 32137

New Smyrna Beach-Edgewater Campus, 940 Tenth St., New Smyrna Beach, FL 32168

Campus maps are available at: https://www.daytonastate.edu/maps/ College Enrollment: For current and historical college enrollment, student data, and other institutional data, please visit https://www.daytonastate.edu/ir/facts.html Invitation to Negotiate (ITN): The ITN process is a flexible procurement process that is used when highly specialized services are required. Negotiations offer an opportunity for selected finalist respondent(s) to discuss their responses with an evaluation committee and present a best and final offer that may lead to a negotiated agreement. The goal of this comprehensive process is to identify the most optimal outcome or the solution that best meets the needs of the College. Only representatives of the participating respondents who are authorized to negotiate and make agreements shall be involved in negotiation. Upon evaluation of the responses, the College has the right to enter into negotiations with one or multiple contractors that appear to have submitted proposals that meet the needs and requirements of the College. The College reserves the right to negotiate concurrently or separately with shortlist respondents. The College reserves the right to accept portions of a competing vendor’s offering and merge such portions into one project, including contracting with entities offer such portions. The negotiations should include but are not limited to price, offering, and the terms and conditions of this ITN. Two or more entities may collaborate in submitting a response to this ITN, but a single entity must be designated to contract with the College and be responsible for performance under any future contract. Interested parties responding with a proposal to this ITN must do so no later than 2:00 P.M. on Wednesday, October 3, 2018. The College will not accept any Proposals which are not received by the date and the time set forth in this paragraph. The College reserves all rights to amend this ITN process for selecting a provider, including the right to terminate discussions with one or all interested parties at any time. In addition, the College reserves its rights at its sole discretion to waive defects, irregularities or informalities or accept or reject any part of any response. The College may postpone the date on which responses are to be submitted or take any other action that it deems to be in its best interest. The College is not responsible for and will not pay for any costs associated with any submission. For the purposes of this ITN, all times listed throughout the ITN are Eastern Standard Time.

https://www.daytonastate.edu/maps/

https://www.daytonastate.edu/ir/facts.html



II. ITN Schedule

Description Day/Date

ITN Release Date August 31, 2018

ITN Receipt Acknowledgement & RSVP for Pre-Proposal Meeting September 10, 2018 at 5:00 P.M.

Pre-Proposal Meeting (Non-Mandatory) September 11, 2018 at 10:00 A.M.

Written Questions due September 14, 2018 at 5:00 P.M.

Responses to questions (if any) On or before September 21, 2018

ITN Due Location: Purchasing Department Bldg. 1100, Rm. 122 1100 Willis Ave Daytona Beach, Florida 32114 October 3, 2018 at 2:00 P.M.

Proposal opening Location: Purchasing Conference Room* October 3, 2018 at 2:00 P.M.

Evaluation Committee Meeting October 11, 2018, Time TBD

Interviews/Presentations (Optional, TBD) TBD

Negotiation Meeting(s) Week of October 29, 2018

Notice of Intent to Award November 1, 2018

District Board of Trustee Approval of Award November 8, 2018

Anticipated Contract Commencement Date January 1, 2019

* The Purchasing Conference room is located on the Daytona Beach Campus, 1100 Willis Ave, Daytona Beach, Florida 32114.

Sealed Proposals: One (1) proposal marked “Original”, five (5) copies, and one (1) digital copy (via USB flash drive in PDF format) must be received by the Purchasing Department by the date and time specified at which time they will opened and recorded. The proposals will not be immediately evaluated. Questions Regarding ITN: Questions regarding this ITN shall be made in writing by e-mail ([email protected]) and must be received no later than September 14, 2018 5:00 P.M., ET. Responses to all requests will be included in an addendum and will be made available to all Proposers. Requests for additional information received after the deadline will not receive a response. Responses will not be made orally. All correspondence related to this ITN shall include “DSC ITN 19-002” in the subject line of the email. Any additional information pertaining to this ITN or to the services/equipment being sought hereunder obtained in a manner other than as described in the preceding paragraph should be regarded as unofficial. Daytona State College will not be bound in any way by information so obtained, or by a Proposer ’s reliance thereon.



Pre-Proposal Meeting (Non-Mandatory): All interested firms are strongly encouraged to attend a non-mandatory pre-proposal conference scheduled to be held on September 11, 2018, at 10:00 A.M., ET. Location is as follows:

Daytona State College Purchasing Conference Room

Building 1100, Room 123 1100 Willis Avenue

Daytona Beach, FL 32114 The agenda will include an overview discussion of the ITN, a question and answer session to respond to oral questions from any and all Bidders. Bidders shall be made aware that this meeting is a Public Meeting and is subject to State of Florida Sunshine Laws. The meeting may be audio recorded. Upon conclusion of the meeting, Bidders may take a self-guided tour of the campuses to view existing equipment and locations. Attendees at the conference will be permitted to photograph vending equipment for use in preparing their proposals to DSC. No photography for commercial purposes of any other campus buildings, facilities, or grounds will be permitted. Preparation of Proposals: All information shall be entered in ink, typewritten, or produced by computer. It is your responsibility to make certain that unit prices and extended prices are correct. In case of discrepancy in computing the amount of the proposal, the unit price quoted will govern. The College will not be responsible for errors or omissions made by the Proposer in determining proposal price(s). The proposal must contain a manual signature of an authorized representative of the agency proposing. In order to insure uniformity, proposals must be submitted on this Proposal Reply Sheet and the attached pages. The College shall not be responsible for any cost or expense incurred by the Proposer in preparing or submitting a proposal or any cost prior to the execution of a contract agreement Posting Of Results: Proposal tabulations with recommended awards will be posted for review by interested parties at the location where the Proposals were opened on or about November 1, 2018 and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Proposal tabulations with recommended awards will be posted electronically per Florida Statute 120.57(3). NO PROPOSAL TABULATION OR AWARD INFORMATION WILL BE GIVEN OVER THE TELEPHONE. Public Records: Upon notice of intended decision or thirty (30) days after opening, whichever is earlier, Proposals become public records and are subject to public disclosure, Section 119.071 (1) (b) 2.Florida Statutes. Contractors must invoke the exemptions to disclosure provided by law in the response to the Proposal, and must identify the data or other materials to be protected, and must state reasons why such exclusion from public disclosure is necessary, and the statutes, which are invoked for this exclusion. Any financial statements that are submitted are exempt from becoming public record pursuant to Section 119.071 (1) (c) Florida Statutes. Contractors are hereby notified that any part of the Proposal, or any other material marked as confidential, proprietary, or trade

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.57.html



secret, can only be protected to the extent permitted by Chapter 119, Florida Statutes (Public Records Law). Public Opening / Evaluation: Proposals shall be publicly opened, read and recorded on the date and time specified herein unless changed by Addendum. All Proposals received after the specified time will not be considered and will be returned to the contractor. Fax, e-mail, telegraph or telephone Proposals will not be accepted. A Proposal may not be altered after the opening of the Proposals. A late modification of the Proposal from the otherwise apparent successful contractor offering more favorable terms to the College will be accepted. Upon receipt of Proposals, a selection committee will select qualified candidates based on criteria contained herein. The selection committee may contact qualified short-listed responders for presentations after the initial review of all Proposals.

Disputes and Protests: In the case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the College shall be final and binding on both parties. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.57.html



III. General Information To insure consideration of your proposal, please follow these instructions. Proposals not in compliance with the requirement specified herein are subject to rejection.

1. Performance Inquiry. The College reserves the right to investigate and to consider the

references and the past performance of any proposer with respect to such things as its performance or provision of similar goods or services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. The College further reserves the right to consider past performance, historical information and facts, whether gained from the Proposal, interviews, references, or any other source in the evaluation process. The College may postpone the award or execution of a contract after the announcement of the notice of intent to award in order to complete its investigation.

2. No Proposal: If unable to submit a proposal, please complete, sign, and return the Statement of

Non-Submittal of Proposal by mail, email or fax advising the reason for not submitting a proposal. To ensure inclusion in future bids, a Proposer should submit the Statement of Non-Submittal of Proposal to be received by the Purchasing Department no later than the stated proposal opening date and time.

3. Proposal Acceptance Period: Any proposal in response to this solicitation shall be valid for 180

days following opening of proposals/bids, to allow for formal action by the College Board of Trustees. The Proposer agrees that during such time the proposal will remain firm and irrevocable. At the end of the 180 days, the proposal may be withdrawn at the written request of the Proposer. If the proposal is not withdrawn at that time, it remains in effect until a contract is awarded or the solicitation is canceled

4. Daytona State College reserves the right to reject any or all Proposals and to request any

additional information it deems necessary to supplement the Proposals and/or reach an agreement. Daytona State reserves the right to waive minor, nonmaterial irregularities in any or all Proposals and accept or reject, in part or in full, any or all proposals.

5. Disqualification: Any or all Proposals will be rejected if there is reason to believe that collusion exists between contractors. Proposals in which the prices obviously are unbalanced will be subject to rejection.

6. Contractor’s Responsibility: By submitting a Proposal, your company acknowledges complete

understanding of, and willingness to comply with all of the instructions, conditions, specifications, and requirements contained in this ITN.

7. Cone of Silence: Respondents to this solicitation or persons acting on their behalf may not

contact, between the date of issuance of this ITN and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee, officer, or executive of the college concerning any aspect of this solicitation, except in writing, to the Purchasing Department or as provided in the solicitation documents. Contacting the College’s personnel or members of the College’s District Board of Trustees, either directly or indirectly, regarding this ITN, the selection process or any attempt to further a proposer’s interest in being selected, many result in proposer being disqualified and shall render the award to said proposer voidable by the College.



8. Proposal Withdrawal: Proposers may withdraw their Proposals by notifying the College in writing at any time prior to the time set for the Proposal deadline. Respondents may withdraw their Proposals in person or through an authorized representative. Respondents and authorized representatives must disclose their identity (company business card and driver’s license) and provide a signed receipt for the Proposal. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with the requirements of the ITN. Once opened, Proposals become the property of the College and will not be returned to the respondents.

9. Registration. Proposers who obtain ITN documents from sources other than the College’s

Purchasing Office, must officially register with the College’s Purchasing Office in order to be placed on the mailing list for any forthcoming addenda or official communications regarding this ITN. The College shall not be responsible for providing addendums to proposers who receive ITN documents from other sources.

Failure to register as a prospective supplier may cause your Proposal to be rejected as non-responsive if you have submitted a Proposal without an addendum acknowledgement for the most current and/or final addendum.

10. Delays: The College, at its sole discretion, may delay the scheduled due dates as listed in the timeline and throughout this ITN if it is to the advantage of the College to do so. The College will notify Contractors of all changes in scheduled due dates by written addendum.

11. Revisions and Amendments. The right is reserved, as the interest of the College may require,

to revise or amend the Proposal specifications prior to the date set for opening of the ITN, such revisions and amendments, if any, will be announced by an addendum to the ITN. If the revisions and amendments are of a nature which require material changes in quantities or prices, the date set for the opening of the ITN may be postponed by such number of days as in the opinion of the Executive Director of Business Services that will enable proposers to revise their ITN. In such cases the addendum will include an announcement of the new ITN opening date. The proposers shall acknowledge receipt of all addenda by indicating receipt of such on the Acknowledgement of Addenda form and by including a copy of the signed addenda with their proposal.

12. Conflict of Interest. The award hereunder is subject to the provisions of Chapter 112, Florida

Statutes. All proposers must disclose with their Proposal the name of any officer, director, or agent who is also an employee of the College. Further, all contractors must disclose the name of any Board member who owns, directly or indirectly, an interest of five percent (5%) or more in the contractor’s firm or any of its branches.

13. Assignment. Neither this ITN nor any duties or obligations assumed under any agreement or

contract(s) resulting from this ITN shall be assigned by Contractor without prior written consent of the College.

14. Accuracy of Proposal Information. Any proposer that submits in its Proposal to the College any

information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

15. Advertising. In submitting a Proposal, the proposer agrees not to use the results as a part of

any commercial advertising unless permission in writing is granted by the College.



16. Governmental Restrictions. In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on the ITN prior to their performance, it shall be the responsibility of the proposer to notify the College’s Purchasing Department at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The College reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the College.

17. Drug Free Workplace. Whenever two or more Proposals which are equal with respect to price,

quality, and service are received by the College for the procurement of commodities or contractual services, a Proposal received that has completed the Drug Free Workplace form, certifying that it is a drug free workplace, shall be given preference.

18. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list

following a conviction for a public entity crime may not submit a Proposal or a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded work or perform work as a contractor, supplier, sub-contractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Chapter 287 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Note: By signing the Proposal Certification, the proposer attests they have not been placed on the convicted vendor list.

19. Small, Minority and/or Women-Owned Business Participation. The College strongly

encourages small, minority and/or women owned contractors or joint venture contractors to submit Proposals.

Note: Minority/Women Business Enterprises that file false status of their M/WBE status may be found guilty of a felony of the second degree and be disbarred from bidding with Daytona State College for thirty-six (36) months pursuant to 287.094 Florida Statutes.

20. Joint Ventures. Proposals submitted by proposers under “joint venture” arrangements or other

multi-party agreements must submit a power of attorney delegating authority to one principal with authority to negotiate and execute any/all contract documents resulting from negotiations/award of this ITN.

21. Affirmation. By submission of a Proposal, the proposer affirms that its Proposal is made without

prior understanding, agreement or connection with any corporation, proposer, or person submitting a Proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Proposer agrees to abide by all conditions of this ITN and the resulting contract.

22. Prohibition against Contingent Fees. Proposers are hereby notified that any contract entered

into by Daytona State College will contain a prohibition against contingent fees as follows: “The Contractor warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the contractor to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or contractor, other than a bona fide employee working solely for the contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.” For the breach or violation of this provision, the College shall have



the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration, and to disqualify the contractor from future contracts with Daytona State College for a period up to five (5) years.

23. Open Competition. The College encourages free and open competition among contractors.

Whenever possible, specifications, qualification invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the College’s needs and the accomplishment of a sound economical operation. The contractor’s signature on its Proposal guarantees that the contractor, its agents, officers or employees have not bribed or attempted to bribe or influence in any way an officer, employee or agent of the College.

24. Obligation of Proposer: By submitting a proposal, the Proposer covenants and agrees that

they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information.

25. Electronic Posting of Notice of Intent to Award: Based on the evaluation, on the date indicated

on the ITN Timeline, the Purchasing Department shall electronically post a notice of intended award at http://www.DaytonaState.edu/bussvcs/bids.html. If the notice of award is delayed, in lieu of posting the notice of intended award, the Purchasing Department shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Purchasing Department a notice of protest within 72 hours after the electronic posting. The College shall not provide tabulations or notices of award by telephone.

26. Cost Discussions: The Proposer must not discuss cost information, except for clarification

requested by the Purchasing Representative listed in this ITN prior to the posting of proposal results, with any employee, board member or authorized representative of the College. Violation of this restriction will result in rejection of the said proposal.

27. Addenda: All addenda issued during the time of proposing shall become part of the Proposing

Documents, and receipt thereof must be acknowledged in writing with the proposal. The College accepts no responsibility for inaccurate proposals due to missed information contained in any addendum. Each Proposer should ensure that they have received all addenda and amendments to the ITN before submitting their proposals. Please access the college web site at http://www.daytonastate.edu/bussvcs/bids.html for any addenda.

28. Late Proposals: The deadline time and date will be strictly observed. Proposals will be date/time

stamped upon receipt in the Purchasing Department. Proposals received after the specified time and date will be disqualified and will not be opened. Proposals will be publicly opened, read aloud and recorded, on the date and time indicated, at the location specified in the ITN. It is the Proposers’ responsibility to make certain that his/her proposal is in the hands of the Purchasing Department and date/time stamped prior to the opening time at the specified location. The College accepts no responsibility for late or misdirected mail deliveries. All required information/documents must be included in your timely proposal. Information/documents received separately after the due date/time will not be accepted or considered

29. Consideration of Proposals: The College reserves the right to award the contract to the

Proposer(s) that the College deems to offer the best overall proposal. In addition, the College at its sole discretion, reserves the right to cancel this ITN, to reject any and all proposals, to

http://www.daytonastate.edu/bussvcs/bids.html

http://www.daytonastate.edu/bussvcs/bids.html



waive any and all informalities and/or irregularities, to re-advertise with either the identical or revised specifications, or not award a contract at all if it is deemed to be in the best interest of the College to do so. The College also reserves the right to make multiple or split awards if it is deemed to be in the College’s best interest. It must be specifically understood that this ITN does not create any obligation on the part of Daytona State College to enter into any contract or undertake any financial obligation with respect to the program referred to herein.

30. Other Considerations: The College may consider various factors in determining the lowest and

best responsible proposal, including, without limitation, past performance with the College, experience, financial stability, resources to perform the work, the ability to meet the specifications and time frame to complete the order. The College reserves the right to deem a proposal unresponsive for those proposers who have previously failed in performance of an award of who have failed to deliver a contract within the time required by the College.

31. Qualification of Proposers: Daytona State College reserves the right to require a Proposer to

submit evidence of qualifications as it may deem necessary and may consider any evidence available concerning the financial and other qualifications of the Proposer.

32. EEO Statement: The College is committed to assuring equal opportunity in the award of

contracts, and therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, disability, national origin or gender.

33. ADA: The supplier awarded this proposal shall agree to comply with the Americans with

Disabilities Act (ADA) of 1990. 34. ITN Evaluation Process/Proposal Award: The Evaluation Committee will evaluate all

responsive proposals received. The committee will examine each proposal and determine how effectively it satisfies the ITN. After reviewing all Proposals, the College intends to shortlist a small number of qualified contractors.

35. Clarification: The College reserves the right to request clarification of information submitted

and to request additional information of one or more Proposers, if needed. 36. Termination: An agreement/contract resulting from this proposal may be terminated by either

party without cause at any time by one party giving the other party ninety (90) days prior notice. Notice shall be provided in writing via a mail courier service with proof of delivery.

37. Legal Requirement: Applicable provisions of all federal, state, county and local laws, and all

ordinances, rules, and regulations shall govern development, submittal and evaluation of all proposals/bids received in response hereto and shall govern all claims and disputes which may arise between person(s) submitting a p r opos a l response hereto and the College. Lack of knowledge by any Proposer shall not constitute a cognizable defense against the legal effect thereof. Proposers have certain rights under Chapter 120, Florida Statutes. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

38. Payment Terms: The College will take any Prompt Payment Discount offered by the Proposer

if payment is made within the time period; however, only terms allowing 30 days payment will be considered in evaluating proposals. Payment will be made by the College after satisfactory



services are rendered in accordance with the terms of the contract. The College issues purchase orders that guarantee payment for goods or services received. No prepayments are allowed.

39. Taxes: Sales to Daytona State College are exempt from state sales tax, tax exemption no: 85-

8016077493C-2 40. Cooperative Purchase Agreement: With the consent and agreement of the successful bidder(s)

purchases may be made under this solicitation by other colleges, state universities, District school boards, and other educational institution within the State of Florida. Such purchases shall be governed by the same terms and conditions stated in the proposal solicitation as provided in the State Board of Education Rule 6A-14.0734 (2) (c). Bidder shall provide in writing w any exception to this requirement.

Purchasing Agreement with other Public Agencies – All proposers submitting a response to this solicitation agree that such responses also constitute an offer to the public entities within the State of Florida under the same conditions, for the same price, and for the same effective period, should the proposer feel it is in their best interest to do so. Bidder shall provide in writing an exception to this requirement.

41. Insurance: The Contractor/Supplier shall purchase all necessary Workers Compensation

Insurance, General Liability Insurance, Automobile Liability Insurance, and where applicable, Products Liability Insurance with the College being included as an additional named insured on the liability insurance policies. Certificates of Insurance on all such insurance coverage carried by the Contractor/Supplier shall be furnished to the College. Minimum limits for insurance to be provided shall be as follows:

a. Public Liability and Property Damage Insurance: The Contractor shall purchase and shall require each of the sub-contractors to secure and maintain during the life of the sub-contract, insurance of the type specified herein or insure the activities of his/her subcontractors in his/her policy as specified. Commercial General Liability – This policy must be on an occurrence basis, claims made forms are not acceptable.

$1,000,000 Each Occurrence $ 100,000 Fire Damage (Any One Fire) $ 5,000 Medical Payments (Any One Person)

$1,000,000 Personal & ADV Injury $2,000,000 General Aggregate $2,000,000 Products-Comp/OP Aggregate

Comprehensive Automobile Liability Insurance (including hired and non-owned vehicles, if any) in limits of One Million Dollars ($1,000,000) Combined Single Limit each accident.

Excess Liability or Umbrella - $1,000,000

b. Worker Compensation Insurance: The Contractor/Supplier shall maintain during the life of

this agreement, Workers Compensation Insurance for all employees connected with the work of this project. If any work is being sublet, the Contractor/ Supplier shall require the subcontractor to provide Workers Compensation Insurance for all subcontractor employees



unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers Compensation Statue, the contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the purchaser, for protection of his employees not otherwise protected.

Workers’ Compensation Insurance in compliance with statutory limits, (F.S. 440): Employer’s Liability

Five Hundred Thousand ($500,000) each accident,

Five Hundred Thousand ($500,000) Disease, each employee,

Five Hundred Thousand ($500,000) Disease, policy limit.

Waiver of Subrogation Endorsement – Include “Waiver of Subrogation applies.” Certificates evidencing that all of the above insurance coverage and limits are in force will be furnished to the College before any services are performed, at all renewal times, and will require written notification to the College at least thirty (30) days prior to any cancellation, termination, non-renewal, or modification. The words “endeavor to” and failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative” should be omitted or lined out on the Certificate.

All insurance will be with insurers authorized to do business in Florida. All policies should be Occurrence Form only. The policy number will be provided on all certificates.

42. Indemnification: Proposers agree to indemnify and hold harmless the College, its officers, and

employees from any claim, damage, liability, injury, expense or loss, including defense costs and attorney’s fees, arising out of Proposer performance under this Agreement. Accordingly, the College shall notify Proposer promptly in writing of any claim or action taken against the College in connection with this agreement. On such notification, the Proposer shall promptly take over and defend any claims or actions. The College shall have the right and option to be represented in any such claim or action at its own expense.

43. Gratuities or Gifts: The right of the Proposer to proceed may be terminated by written notice if,

after notice and investigation, the College determines that the Proposer, its agents, or another representative:

1. offered or gave a gratuity or gift to an officer or employee of the College in direct violation of the College policies; and

2. intended by the gratuity or gift to obtain a contract or favorable treatment under a contract.

If this contract is terminated for either (1) or (2) above, the College shall pursue the same remedies as in a breach of the contract.

44. Selling, Transferring or Assigning Contracts: In the event that the successful proposer is

purchased by another company during the term of the contract, the succeeding company must honor all of the terms and conditions contained herein. The College has the right to reject the new company and terminate this agreement without cause.

45. Equivalents: If bidder offers equipment with technical specifications other than those listed in

the following bid reply sheet, they must indicate so on their bid. Specific article(s) of



equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer.

Brand Names: Catalog numbers, manufacturers’ and brand names, when listed are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the technical specifications.

Bidder shall indicate on the bid form the manufacturer’s name and model number and shall indicate ANY deviation from the technical specifications as listed. Complete descriptive technical literature marked to indicate conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.

Lacking any written indication of intent to quote alternate technical specifications, the bid will be considered as quotation in complete compliance with the specifications as listed in the bid form.

46. Warranty of Work: The Contractor warrants that all goods, supplies, equipment, design and

work covered by this Contract shall be satisfactory for its intended purpose, shall conform to and perform as called for in the Contract requirements and specifications and shall be free from all defects and faulty materials and workmanship. Any goods, supplies, equipment, design and work found to be defective within the manufacturer warranty period shall be repaired, remedied, or replaced hereinafter call “corrective work”, by the contractor, free of all charges including transportation. It is understood and agreed that time is of the essence in respect to all corrective work to be undertaken pursuant to the warranty herein contracted, expressed, or implied, and the contractor shall promptly commence corrective work upon receipt of written notice from the department. It is expected the contractor reply within 24 hours to the College’s written notice.

47. Contractor Warranty of Ability to Perform. Contractors shall warrant that there is no action

suit, proceeding, inquiry, or investigation, at law or equity, before or by a court, governmental agency, public board or body, pending or, to the best of the contractor’s knowledge, threatened, which would in any way prohibit, restrain, or enjoin the execution or delivery of the contractor’s obligations or diminish the contractor’s obligations or diminish the contractor’s financial ability to perform the terms of any proposed contract with the College.

48. Independent Contractor. Nothing herein is intended or shall be construed as in any way

creating or establishing the relationship of co-partners between the parties or in any way making the contractor the agent or representative of the College for any purpose in any manner whatsoever. The contractor is, and shall remain, an independent contractor with respect to all services performed.

49. Proposed Materials. The material submitted in response to the ITN becomes the property of

the College and is to be appended to any formal document, which would further define or expand the contractual relationship between the College and the contractor.

50. Certification. Professional contractors submitting Proposals must be certified, licensed and

insured to do business in the State of Florida in compliance with Florida Statutes.



51. Errors and Omissions. The contractor is expected to comply with the true intent of this ITN taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the contractor suspect any error, omission, or discrepancy in the specifications or instructions, the contractor shall immediately notify the College, in writing, and the College shall issue written instructions to be followed. The contractor is responsible for the contents of its Proposal and for satisfying the requirements set forth in the ITN.

52. Contractor’s Responsibility. It is understood and the contractor hereby agrees that it shall be

solely responsible for all services that it proposes, notwithstanding the detail present in the ITN.

53. Lobbying. The contractor is prohibited from using funds provided under this ITN for the

purpose of lobbying the Legislature or any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government.



IV. Background Information The current contractor and beverage vending provider is Coca-Cola Beverages Florida. The contract expired December 31, 2017 and was not renewed. The beverage contractor is under separate agreements with the College’s food service provider to provide product for cafeteria and concession sales, and the College’s Bookstore provider for retail sales in the College Bookstores. Commissions and Compensation: Coca-Cola currently provides a commission of 30% for all products. Commissions on vending sales are being paid monthly to the College. The College receives 200 cases of free product annually. Prior to expiration of the contract, Coca-Cola had provided an annual sponsorship amount of $40,000. Food Service & Concession Operations: Sodexo, Inc. & Affiliates is the current dining, catering, and snack vending contractor. The College is currently in the process of a separate bid solicitation for the Management of a Campus Dining & [Snack] Vending Services provider. It is the intent of the College that the awarded food service contractor will honor the College’s contract with the Beverage contractor and any Beverage Pour Rights/Exclusivity agreement. The awarded food service contractor and the awarded beverage provider will work together under a separate agreement from the College while honoring the terms and conditions set forth based upon an award and contract resulting from this ITN. Currently, the College has three retail dining locations on the Daytona Beach Campus. A new Student Service Center (Bldg. 115) is under construction, and upon completion of the new facility, two of the existing locations will close and be relocated to the new building. The new Student Service Center will include a new and modernized kitchen, servery, and dining facility. It will also include a small coffee café. Food Service Locations:

The Smart Market (Bldg. 130) – Full service cafeteria. o This location will be relocated to the new Student Service Center scheduled

to open January 2019.

The Bean (Bldg. 210) – Coffee Café & Grab-and-Go Market Place o This location will be relocated to the new Student Service Center scheduled

to open January 2019.

The Snack Shop (Bldg. 500) – Snack Bar & Grab-and-Go Market Place. o This location will remain open at its current location.

The College hosts many sporting events on-campus and has several concession stands to provide snacks and refreshments (carbonated and non-carbonated beverages). The current food service contractor operates these concessions stands. Concession stands at these facilities are open and operating during all collegiate competitions and other hosted events

Concession Stands (Daytona Beach Campus)

Baseball field – One (1) Stand

Softball field – One (1) Stand

Soccer field – One (1) Stand

Basketball/Volleyball arena (Lemerand Center, Bldg. 310) – One (1) Stand

Bookstore Operations: Follett Higher Education Group operates four (4) bookstore locations for Daytona State College campuses. Three of the locations provide a convenience market offering



grab-and-go menu options to students, staff, faculty and guests. The College entered in an agreement with Follett in July 1, 2017 for a seven (7) year agreement. Follett Higher Education Group honors the College’s exclusives beverage rights to sell carbonated and non-carbonated beverages at these bookstore locations. Bookstore Locations:

Daytona Beach Campus, Daytona Beach, FL o Recently renovated summer of 2018. o No convenience market offered but does sell snacks and beverages.

DeLand Campus, DeLand, FL o Recently renovated winter of 2018. o Provides a Convenience Market and small café setting.

Flagler/Palm Coast Campus, Palm Coast, FL o Opened Fall of 2015 o Provides a Convenience Market.

New Smyrna Beach-Edgewater Campus, New Smyrna Beach, FL o Opened June 2016 & Renovated Winter of 2018 o Provides a Convenience Market.

The awarded beverage provider will work together with Follett Higher Education Group under a separate agreement from the College to honor the terms and conditions set forth based upon an award and contract resulting from this ITN. Additional Information: Please reference the Appendix for additional information related to vending machine locations, sales history, and commission data. The Appendix includes the following:

Appendix Number:

Title: Page:

A Beverage Vending Commissions 49

B Category of Products and Volumes Sold 49

C Vending Machine Locations 50

D Vending Sales by Brand 51

E Retail Sales by Brand 52

F Fountain Sales by Brand 53



V. Scope of Services

The purpose of the ITN is to identify interested parties that have the qualifications, experience, and financial capacity necessary to provide the College with beverage vending, beverage retail sales, and potentially beverage pouring rights on all seven (7) Daytona State College campuses or other sites for hosted DSC events and activities. (Note: The provider will operate as a third-party provider, serving the needs of faculty, staff, students, alumni and community.) The College’s evaluation of each Proposal will be based upon the information provided in your response; additional information requested by the College, information obtained from references and independent sources, and formal presentations, if requested. For information on College locations, please visit https://www.daytonastate.edu/maps/ For information on College enrollment and student data, please visit https://www.daytonastate.edu/ir/facts.html Term of Contract: This contract shall be for a period of five (5) years commencing on the date of the Notice to Proceed (estimated to begin on January 1, 2019). The College shall have the option to extend the contract for five (5), one-year additional terms, said option(s) to be exercised at the sole discretion of the College. In the event the College elects to exercise any one or more of the said options, the Contractor shall be notified in writing at least ninety (90) days prior to the end of the term of the contract. Qualifications – Additional Information May Be Requested: The College reserves the right to determine whether a proposer has the ability, capacity, and resources necessary to perform in full any contract resulting from this ITN. In addition to the information requested in this ITN, the College may request additional information from proposers (or any other relevant entity) it deems necessary to evaluate such proposers’ qualifications and capacities to deliver the services sought hereunder. The College may reject any proposal for which such information has been requested but which the proposer has not provided. Such information may include but is not limited to:

Company Experience & Qualifications

Financial Resources / Financial Stability

References & Other Similar or Relevant Projects

Equipment & Serviceability

Product Selection & Offerings

Accounting & Reporting Systems

Contributions and Program Economic Value

Disclosures of complaints or pending actions, legal or otherwise Financial Consideration – Commissions & Compensation: Proposers are required to propose financial return as indicated by completion of the Financial Consideration Proposal form and returning it with their proposal. See Section IX, Criteria 5, Paragraph 5.1, Financial Considerations, for all commissions and compensation opportunities. It is the College’s intent to negotiate with the top ranked proposer(s) resulting in a satisfactory contract, as deemed in the College’s best interest. The Contractor assumes full liability for all taxes applicable to its property and income and is solely responsible for the payment of Florida State Rent tax. The Contractor’s obligation will not affect the

https://www.daytonastate.edu/maps/

https://www.daytonastate.edu/ir/facts.html



calculation of the College commissions which are earned on gross revenue after the deduction of sales tax. There will be no other deductions of any kind from gross sales preceding the calculation of any commissions payable to the College. Commission payments to the College shall be made within 30 days following the month in which commissions were earned. Preferably, payment will be made by EFT, although a check is also acceptable. Late payments will be subject to a cumulative late fee of 1.5% per month, or the highest rate permitted by Florida law (whichever is lower). Such payments must be accompanied by monthly commission statements with detail that breakdowns the commission calculations and matches the amount of payment. Expectation of Quality: The College's beverage vending contractor provide essential services for students, faculty, staff, and community that contribute to the social environment of the College. These services are highly visible factors that influence the recruitment, retention and overall satisfaction of the College's students. Therefore, with input from the College, the successful Contractor shall continually implement innovations for continuous improvement of technology, merchandising, menu variety, customer satisfaction, price/value relationships and financial return. As a matter of practice and in keeping with our quest for continuous improvement, the successful Contractor must demonstrate a willingness to be held accountable for their performance. The contracting process does not conclude when an award is made. Over the term of the awarded contract, the College will continually monitor and evaluate services received, against measurable standards and commitments. Seasonal Business Changes: The College’s largest onsite populations are in the fall and spring semesters. Summer sessions (May – mid August) are slower. Contractor must be prepared for seasonal shifts. Also, the College is closed one week in March (Spring Break) and for two weeks in December (Winter Break). Service and Quality; The Contractor shall furnish good, prompt, and efficient services adequate to meet all reasonable demands. Proposers shall describe their plan to efficiently handle large amounts of students on a daily basis to assure that students and employees are served promptly. The Contractor shall be totally responsible for maintaining adequate stock levels to ensure vending items at all times of non-expired. “Out of stocks” exceeding thirty (30%) percent are not acceptable, and machines deemed such shall be considered out of service. Trash Removal: Any waste produced by Contractor in providing the services herein shall be removed from College premises by Contractor at Contractor expense. Contractor is not permitted to discard any waste on College property. Sustainable Practices; All vending machines provided must earn the Energy Star designation and meet Energy Star specifications for energy efficiency. Preference will be given to proposers whose operations include sustainable practices. Proposers must provide information on what sustainable practices they will commit to follow if awarded the Contract.



Termination for Convenience: As stated in Section III General Information, Paragraph 37 Termination above, the notice period shall be ninety (90) days. References: Submit a list of at least three references along with your proposal. References should demonstrate the ability to service an entity of similar size and scope to Daytona State College that also have multiple service locations. Public Higher Education references in the Florida State College system are preferred. References that are not of similar size or scope may result in lower scores (see Section VII, Scoring Criteria). References must include:

Organization’s Name and Address

Contact person

Contact phone number and e-mail address

Years of Service with organization

Number of vending machines. Age of vending machines.

Average Annual Sales ($). You may use exact numbers or you may use the following ranges to describe the average annual sales: Under $25,000; $25,000 - $50,000; $50,000 - $100,000; $100,000 - $200,000; $200,000 - $500,000; over $500,000.

Contractor Personnel: The College intends to provide a safe, effective, and efficient service to its students, staff and faculty. The College requires that all persons who work on College property are committed to seeing that the College’s mission and philosophy are given the highest consideration. Therefore, the Contractor shall ensure that personnel hired will reflect the College’s intent in this manner. The College retains the right to refuse access to any person(s) it deems necessary in the best interest of the College.

a) Background Checks The Contractor shall ensure that all persons assigned to a Daytona State College location have a current (within one year prior to being assigned to work at a Daytona State College location) and complete FDLE criminal background check. The Contractor will not allow any persons to work on College premises if their background indicates that they would pose a threat to other persons or College property. The Contractor shall be held responsible for the actions of its employees. If requested by the College’s Executive Director of Business Services (or designee), the Contractor will provide for inspection proof of a clear background check on any Contractor employee or subcontractor who performs work at any College facility. Failure to provide proof of a background check being conducted on a particular individual shall be grounds for default and any such individual shall be immediately prohibited from working at any College location.

b) Prohibition of Sexual Offenders/Predators Contractor will ensure that any employee of the Contractor or Subcontractor coming upon the College premises for any reason whatsoever is not a registered sex offender or sexual predator.

c) Valid Driver’s License The Contractor shall ensure that any person that will drive on College property has a Valid Florida Driver’s license appropriate to the vehicle being driven.



d) Appearance Contractor’s employees shall be neat and clean in appearance and shall wear matching/easily identifiable smocks/uniforms and an identification badge while on College property. The badge shall have a picture of the employee with his/her name and company name on the face of the badge. This ID badge must be worn in plain sight at all times while the employee is on the premises. The employee uniforms must be acceptable to the College, and Contractor and any College-required uniform change shall be at the expense of the Contractor.

e) Removal of Objectionable Contractor Personnel Any employee whose work performance or conduct is objectionable shall be immediately removed from the College premises at the request of the College’s Executive Director of Business Services (or Designee). Such removal shall be by the Contractor. Objectionable behavior includes using any College equipment or facilities not specifically designated for Contractor use.

f) Subcontractors and Subcontractor Employees Any requirements or reference herein to “Contractor employees” also includes the employees of any subcontractor the Contractor may use to perform these services. This includes the requirements for background checks, etc. indicated above. Contractor shall be fully responsible for all actions of any subcontractors. Contractor shall also be responsible for any and all compensation to such subcontractors for work performed and shall hold the College harmless for any obligations owed by Contractor to subcontractors. Contractor must notify College at any time when services are subcontracted prior to work being performed.

Vend Price and Vend Price Adjustments during the contract:

a) Vend Price

All vending pricing included in your proposal must be in multiples of 25 cents. Suppliers who submit pricing that is not in multiples of 25 cents will receive lower scores.

b) Consistent Pricing All vend prices for the same product must be the same in all machines regardless of location.

c) No Surcharges Pricing must be consistent with regard to method of payment. For example, you may not charge a higher rate for credit card purchases than you do for cash purchases.

d) Vending Price Increases Suppliers may request price increases to be effective at the start of contract years 3 and 5. Any request must be made at least 90 days prior to the new contract year. Suppliers must provide sufficient documentation documenting increased cost of business. Such approval will not be unreasonable withheld. If permission is granted, Contractor may increase pricing per item by no more 25 cents. All price increases shall be effective January 1. If permission is not approved, Contractor has the option to terminate this agreement under the “Termination for Convenience” provision.

e) Pricing for New Items Introduced During the Contract For any new products (that do not exist at the start of the agreement), Contractor is free to initially price such items at a level Contractor believes will be the best for gross sales. Any



price increases for such items may only be made along with price increases to other items at the times stated above.

Taxes: Contractor will be responsible for the payment of all sales taxes directly to the Florida Department of Revenue. Contractor shall indicate the amount of sales tax paid on each monthly report. Contractor shall also be responsible for payment of use tax on commissions. Such payment shall be made to the College. The College will then pay the use tax to the Florida Department of Revenue. Refunds: Contractor shall be responsible for all refunds as a result of expired product and/or equipment malfunctions. Contractor shall clearly mark all vending machines with instructions on how to obtain a refund for both cash and debit/credit card transactions. Contractor shall provide an annual report to the College regarding the total number of refunds, total dollars refunded, and reason(s) for refunds (expired products, equipment malfunctions, etc.) Local Distribution Center: The Vending Contractor must have a local distribution center. The Contractor must identify and describe this current or proposed distribution center location. (“Local” means within 50 miles of all locations to be serviced under this contract.) Equipment:

a) Initial Machine Placement

All vending machine placements must be new vending machines or like-new vending machines. “Like-new vending machines" are defined as those latest state-of-the-art vending machines that are less than three (3) years old and have been refurbished immediately prior to installation.

b) Contractor Responsibility for Merchandise and Equipment The College shall not be responsible for any damage to merchandise or equipment due to high ambient temperatures.

c) Maintenance and Repair The College requires that all vending equipment and service procedures be maintained at the then state-of-the-art condition over the entire term of the contract. All vending equipment is the property of the Contractor and the Contractor is responsible for providing an acceptable preventative maintenance and emergency twenty-four-hour maintenance and repair program. A notice providing a repair service telephone number must be affixed to each vending machine. Each machine must be tagged with a machine specific identification number or asset number that can be used to report malfunctions. The Contractor is required to be able to respond to service calls placed to that number twenty-four hours a day. The Contractor will provide the College the telephone number(s) of the service department to contact when malfunctions occur or when concerns arise with product quality and/or availability. Service calls on out-of-order vending machines must be provided within four (4) hours. The Contractor will provide a communication system that enables vending supervisors and the emergency repair dispatcher to promptly contact vending machine attendants and vending machine mechanics utilizing radio or telephone equipped service trucks. Should a piece of



equipment remain out of service beyond twenty-four (24) hours, Contractor shall pay a penalty to the College of $50.00 per day for the period the equipment is out of service. The Contractor must maintain a record of service calls that include the time and date of the call, action taken, and the time and date repairs were made. Said record must be furnished to the College annually. Vending machines are to be maintained, replaced, and reconditioned as part of the regular maintenance program. Area treatment is to be maintained, repaired and repainted as necessary for appearance. All equipment must be aesthetically appealing, as determined by the College. When three or more machines are placed together at one location, the equipment will be the same height to give the uniformity of appearance. The Contractor is responsible for custodial maintenance of the vending areas for any issues caused by Contractor equipment (such as water build-up around a machine caused by a machine).

d) No “Force-Vend” Vending machines shall not be operated in a "force vend" mode. Machines will be programmed to return a customer’s money, or refund a debit/credit card, if a selection is not available or voided. Machines will be equipped with sure vend, guaranteed delivery features.

e) ADA/FDA Compliance All machines must comply with current Americans with Disabilities Act guidelines and any current FDA labeling guidelines or those imposed during the life of the contract.

f) Ownership Ownership of all vending and merchandising equipment shall remain with the Contractor. The Contractor assumes all risk of damage or theft, however, the College will use reasonable precautions to protect the Contractor’s equipment.

g) Data Retrieval All vending machines will utilize paperless data retrieval technology to electronically record sales and product movement at the point of service (POS). Real-time access to the POS software shall be made available to the College for all vending equipment installed on all College campuses. Monthly sales reports shall be provided to the College for each vending machine and detailing sales and commission information by machine.

Reporting: The awarded Contractor shall provide monthly electronic sales reports as specified by the College as well as real-time access to the POS for all equipment. All reports must be in user-friendly formats. Contractor will provide the College with the following monthly reports, on or before the 20th day of the month for the previous month’s sales:

A. Monthly cash, card, coupon sales for each vending machine and retail outlet by identifying number and in total. Reporting is required for each machine. If no sales are reported for any given month on any machine, the contractor shall clearly state “no sales”. If a machine is not reported during any giving month, the contractor shall clearly state the reason why sales were not reported for that particular machine.

B. Year-to date cash, card sales, coupon sales for each vending machine by identifying number and in total.



C. Complete incremental audit trail from total gross revenues for vending and food service to total net commissionable payable to the College.

D. Physical location of each vending machine – campus, building, room, etc. Model number of each vending machine.

E. The successful Contractor will reconcile these records and reports with the College designee as may be requested.

F. Total transparency is required; the College may at any time request any additional supporting details, data or reports that are directly related to the Contractor’s operations at the College. The Contractor must provide any such information within ten (10) business days.

G. A summary statement that lists total for the month, including the amount of sales, sales tax paid, commission to be paid, and use tax paid.

Payments Types: At a minimum, all vending machines shall accept cash, debit cards, and credit cards. Auditing:

a) Monitoring

A representative of the College’s Business Services Department, or its designee (including a third party auditor), may accompany the Contractor’s route service employee at any time to observe when cash collections are made and meter counts are recorded. These receipts will be jointly tabulated by the College and the route employee at a location and means determined by the College. In addition, the College (or designee) may make periodic inspections of all the Contractor’s vending equipment, inside and out, to determine if such are in conformity herewith. The Contractor shall make all improvements as may be reasonably required by the College’s representatives from time to time.

b) Annual Independent Auditor Statement By September 30 after each contract year, Contractor, at Contractor’s expense, shall furnish the College with a letter from an independent certified public accountant stating that their compilation of financial information finds that all revenues reported to the College are appropriate and comport with the terms of the agreement (which may be modified from time to time by the parties).

Marketing Efforts: Marketing events (such as product sampling) are encouraged when performed in conjunction with the College’s Student Activities, Marketing Department, and/or with other established on-campus consumers. However, marketing materials (brochures, etc.) may not be distributed at any time. In-ground signs are not permitted at any time. Agreement Required: Prior to the start of the services as awarded under this ITN, the successful firm will be required to execute a written agreement with the College that incorporates the terms and conditions within this document as well as the Contractor’s best and final offer. In case of a conflict, the documents shall prevail as follows: 1) Agreement, 2) This solicitation, 3) Contractor’s Best and Final Offer.



VI. Pour Rights & Exclusivity:

Pouring Rights: Contractors offering fountain beverage and non-vended retail beverage merchandising services may submit offers for exclusive beverage pouring rights. For the purpose of this ITN, Exclusive Beverage Pouring Rights, if granted, means the following:

Contractor shall have the exclusive authority to place carbonated beverages, bottled water, and energy drinks in Contractor-provided vending machines on College property.

Subject to the restaurant exceptions below, only beverages approved by Contractor shall be available in food service operations on College property. The on-campus restaurants are independent of the College, and the Contractor is required to establish contractual agreements directly with these providers.

o Restaurant exceptions: frozen drinks (smoothies, shakes, etc.), coffee, milk, hot teas, and any non-carbonated restaurant-branded beverages.

Subject to the catering exceptions below, only beverages approved by Contractor shall be available for catered or college-sponsored events on College property.

o Catering exceptions: frozen drinks (smoothies, shakes, etc.), coffee, milk, hot teas, grocery store-branded, restaurant-branded, or non-branded, non-carbonated beverages (including cold teas) and homemade punch (served in unbranded punchbowl)

Beverage Vending Without Pouring Rights/Exclusivity: The College may also choose to award beverage vending without pouring rights or choose to award to multiple suppliers, if desired by the College.



VII. Award/Scoring Criteria

The College will rank proposers according to the criteria below. Should the College be unable to execute an agreement with the top-ranked proposer, the College reserves the right to choose the next-highest ranked proposer, and so on.

Experience, Qualifications, and References 20 Points

Service & Maintenance Plan 15 Points

Merchandising & Product Range 15 Points

Technology, Equipment, and Reporting 20 Points

Total Economic Value 30 Points

Experience, Qualifications, and References will be scored based upon the proposer’s ability to perform based on capabilities and past performance (at the College and/or via references). Service & Maintenance Plan will be based on the proposer’s service and maintenance plans. Sustainable practices due to the machines deployed or the proposer’s services will also be scored in this section. Merchandising and Product Range will be based on the proposer’s product range, product availability and product to be vended. Proposals that keep vending price lower will be scored higher in this section. Technology, Equipment, and Reporting will be scored based upon the quality of equipment (including the ratio of new, direct from the factory equipment to older equipment), as well as state-of-the-art features, serviceability, payment options, and reporting capabilities. Total Economic Value will be scored based upon the proposer’s financial offerings and compensation that best benefit the College.



VIII. Evaluation and Negotiation Process

The College will first evaluate proposals based on the criteria in Section VII and submission requirements in Section IX as well as other requirements listed throughout the ITN. It is highly recommended that proposers thoroughly read the entire ITN. At the first scoring meeting, the evaluation committee will establish a “short list” of suppliers to advance to the next stage. The evaluation committee may choose as many or as few of the highest-ranked firms as desired to advance to the next stage. Short-listed suppliers may then be invited to give presentations about their proposal and answer evaluation committee questions. During this discussion, proposers may be requested to enhance or clarify their proposal if the discussion warrants. The purpose of the presentation shall be to:

1. Resolve minor differences and clarify any editing errors 2. Clarify any necessary details and responsibilities 3. Emphasize important issues and points 4. Receive assurances from proposers regarding key points 5. Obtain the highest and best total value agreement

After presentations, short-listed suppliers will invited to proceed with negotiations with College. Upon finalizing negotiations, proposers may be requested submit a best and final offer (BAFO). This BAFO will then be brought back to the negotiation committee to make a final determination. Proposers may extend additional benefits to the College in their BAFO.



IX. Submittal Requirements Proposal Submission & Requirements: Only proposals received and date/time stamped by 2:00 P.M., Wednesday, October 3, 2018 will be considered. All proposals must be in writing and must be executed by an authorized officer of the prospective contractor. The number of the Proposal and the date of opening shall be shown on the envelope/container containing each Proposal. Contractors are requested to show their name and address on the envelope. All Proposals are subject to the conditions specified herein and on the attached Proposal documents.

Completed Proposals must be submitted in a sealed envelope/container. Telegraphic (fax, email, telegraph, telephone) proposals will not be accepted. The outside of the sealed envelope/container must be identified as follows:

Contractor’s name

Return address

ITN number and title

Due date and time Submit one (1) original, five (5) copies, and one (1) digital copy (via USB flash media in PDF format). The digital copy must be an exact and complete copy of the signed original. Proposals shall be submitted to: Ms. Elaine Thiel, Executive Director of Business Services Daytona State College

Purchasing, Bldg. 1100, Room 121 1100 Willis Avenue Daytona Beach, FL 32114 Proposals must contain an original manual signature of an authorized representative. Failure to properly sign the Proposal may invalidate the Proposal, and it may not be considered for award. All Proposals must be typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered information and enter the corrected information above it. Corrections must be initialed by the person signing the Proposal. Any illegible entries, pencil Proposals or corrections not initialed may not be considered. The original conditions and specifications cannot be changed or altered in any way. Altered Proposals will not be considered. Clarification of Proposals submitted shall be in letterform, signed by contractors and attached to the Proposal. Proposals should be submitted on 8.5 x 11 inch pages single sided in portrait orientation and should be bound in 3-ring binders or other binding material. Proposers should include a brief Letter of Intent and responses to the items requested in this section followed by all required forms listed in the ITN. Please use tabs in the binders to differentiate each section. While there is no page limit associated with the response to this ITN, Proposers are encouraged to be as brief as possible.



You must submit the following for your proposal to be considered:

Section: Title:

Experience, Qualifications, and References

1.1 Letter of Intent

1.2 Company History, Experience, and Qualifications

1.3 References

Service & Maintenance Plan

2.1 Service Plan

2.2 Refund System

2.3 Maintenance Plan

2.4 Sustainable Practices

Merchandising & Product Range

3.1 Merchandising & Marketing

3.2 Product Listing and Prices (Beverage Vending)

3.3 Product Listing and Prices (Non-Vending Beverage)

3.4 Event Orders (Cases of Product)

Technology, Equipment, and Reporting

4.1 Equipment Plan

4.2 Technology

4.3 Reports

4.4 Transition Plan

Economic Value

5.1 Financial Consideration

5.2 Other Benefits Not Listed

Required Documents:

Attachment 3 Proposal Certification

Attachment 4 Acknowledgement of Addenda

Attachment 5 Financial Consideration Proposal

Attachment 6 Product Listings & Prices

Attachment 7 Public Entity Crimes

Attachment 8 Non-Collusion Affidavit of Prime Bidder

Attachment 9 Certification of Drug-Free Workplace

Criteria 1: Experience, Qualifications, and References

1.1 Letter of Intent: Brief introduction, statement of understanding of the scope of work and agreement to participate in the ITN.

1.2 Company History, Experience, and Qualifications: In order to evaluate the abilities of the proposer to perform the services required, information about each company must be provided to determine the company’s ability to meet all criteria, which are to be considered in facilitating the award of the ITN. Company History & Experience: The Contractor must supply a condensed history or executive summary of the firm/business/organization. Provide a narrative describing the corporate/company previous experience in beverage vending & retail. This history and experience should include:



How long the company has been in business

How long the company has been in Vending business

Number of employees

Principal place of business and number of other facilities

Other related business ventures

Name and title of officers or individuals who will be responsible for this account. Indicate the person(s) who will be authorized to make representations for the proposer. Include their title, addresses and telephone numbers.

List any pending litigation

In order to eliminate any conflict of interest in making awards, all proposers must provide the following information concerning company ownership.

If sole proprietorship - Owner

If partnership - Owners or Partners

If corporation - President or Chief Executive Officer Staffing Plan: The proposer must include details of its staffing plan to meet the requirements for vending service. The proposal must contain the expected staff levels necessary to provide adequate service during normal periods and peak activity periods at all locations. An organizational chart describing the organizational structure must be provided. The function and basic responsibilities of key management and supervisory positions should be outlined. Operators must ensure that employees hired by the company comply with all local, state, and federal regulations regarding citizenship, work permits, and legal status. Firms will also be responsible to complete and provide for college review FDLE background checks. Licenses & Certificates: The Contractor is to list and include copies of all licenses, certifications, memberships and affiliations appropriate to this beverage vending & retail agreement. These must include County Occupational License or any other license that pertain to beverage vending & retail services. 1.3 References: Provide at a minimum three (3) reference. References should demonstrate the ability to service an entity of similar size and scope to Daytona State College that also have multiple service locations. Public Higher Education references in the Florida State College system are preferred. References that are not of similar size or scope may result in lower scores (see Section VII, Scoring Criteria).

At a minimum, references must include:

Organization’s Name and Address

Contact person

Contact phone number and e-mail address

Years of Service with organization

Number of vending machines. Age of vending machines.

Average Annual Sales ($). You may use exact numbers or you may use the following ranges to describe the average annual sales: Under $25,000; $25,000 - $50,000; $50,000 - $100,000; $100,000 - $200,000; $200,000 - $500,000; over $500,000.



Criteria 2: Service & Maintenance Plan

2.1 Service Plan: Describe how you intend to service this account. Careful evaluation of the vending program will be necessary to provide the right machines in the right locations with the right merchandise mix. The vending machine refund program, out of stocks, expired products, and machine malfunctions are examples of major sources of campus and customer dissatisfaction. Those similar problems must be thoroughly overcome for satisfactory customer relations with Daytona State College. Include restocking schedules, response times, any customized machine graphics, and the operations plan and timeline. The Contractor must also identify and describe the current or proposed local distribution center(s) location(s). Please include the number of partners, managers, supervisors, seniors and other professional staff employed at the office(s).

2.2 Refund System: Please explain how the company will handle refunds. The College is interested in real-time, electronic refunds alternatives that will eliminate or minimize the use of money. 2.3 Maintenance Plan: The proposer must provide a narrative description of the maintenance program based on requirements of this proposal. The College will not be responsible for any maintenance or repair of vending equipment. Refer to Equipment Section on Page 23 of this ITN for more detail regarding maintenance requirements, service logs, and response times. Proposer is requested to submit a proposed Quality Control and Assurance Plan with their proposal response. Proposer shall provide a schedule for the following maintenance, cleaning, testing, and inspection:

1) Clean and adjust coin, currency acceptors 2) Clean and adjust credit card readers 3) Inspect all product and ensure no items are out of date 4) Check and adjust temperatures to 36 to 40 degrees 5) Blowout and clean condenser 6) Clean evaporator drain and inspect for free flow 7) Check service phone number, machine ID number, and refund instructions posted 8) Make sure all light bulbs are working 9) Make sure the Vend Miser is operating properly or install device as needed 10) Check all flavor strips and price labels and agreed as with the college 11) Check LED revolving message is current and agreed as with the college 12) Check all points of sale advertising material and ensure it is current and in fresh

condition 13) Check State of Florida required notice property posted 14) Ensure that when a selection is made on an empty column a refund is made, no force

vends 15) Test vend each section using coins, currency and credit card 16) Evaluate type of vendor and product sections match to location characteristics 17) Ensure that refund information in displayed 18) Inspect machine sanitation inside and out and condition of immediate area 19) Document procedures completed and any follow-up required



2.4 Sustainable Practices: Describe the sustainable practices that will apply to the services you will provide.

Criteria 3: Merchandising & Product Range

3.1 Merchandising & Marketing: Include concepts for marketing brands being offered and how you partner with similar clients to promote product. Indicate types of programs you have implemented with athletic programs, student activities, special events, etc. Include any special promotions.

3.2 Product Listing and Prices (Beverage Vending): Include the product list you intend to offer at the start of the agreement. This product list must contain the brand name, volume/weight, and retail price of every item.

3.3 Product Listing and Prices (Non-Vending-Beverage): Include the product list you intend to offer at the start of the agreement. This product list must contain the brand name, volume/weight, and retail price of every item.

3.4 Event Orders (Cases of Product): Include a price schedule with your proposal that lists the products that would be available to the College and the prices. Pricing for cases of product for events may be increased up to 2% annually, but such increase shall only go into effect if an updated price list (complete with a full product list) is provided to the College 90 days prior to the new contract year. Any price increases shall go into effect January 1.

However, College may procure bottler product by any means desired that is most economical for the College (through bottler, through grocery store, etc.).

Criteria 4: Technology, Equipment, and Reporting

4.1 Equipment Plan: Describe the vending equipment you intend to use to service the agreement. Provide a list of all models of vending equipment available and indicate which models are being proposed for Daytona State College. Include the features of machines, the age of the machines proposed, and the typical replacement cycle for vending equipment. Describe the payment methods accepted. 4.2 Technology: Describe any technological features that your equipment has that will benefit College customers. Include any information that you feel gives you a competitive advantage. Describe the point of sale system utilized by your agency (including but not limited to the age of the technology, client access or availability to real-time information, planned technology updates, etc.) 4.3 Reports: The awarded contractor shall provide sales reports as specified by the College. All reports must be in user-friendly formats. Contractor will provide the College with the following monthly reports, on or before the 20th day of the month for the previous month’s sales: A. Monthly cash, card, coupon sales for each vending machine by identifying number and

in total.



B. Year-to-date cash, card sales, coupon sales for each vending machine by identifying number and in total.

C. Complete audit trail from total group revenues to total net commissionable revenues and commission amount earned.

D. Maintenance, service, and refunds reports for each vending machine by identifying number.

E. The successful Contractor will reconcile these records and reports with the College designee as may be requested.

F. Total transparency is required; the College may at any time request additional supporting details, data or reports that are directly related to the Contractor’s operations at the College. The Contractor must provide any such information within ten (10) business days.

Provide a sampling of reports including, but not limited to:

Sales and commission statements.

Maintenance / service records and reports.

Refund policy and monthly refunds processed.

Other sample reports as requested in the ITN.

Other samples reports Contractor is able to provide not specifically listed in this ITN.

4.4 Transition Plan: Include a transition plan and timeline as part of your submission to implement your proposed program and install the latest equipment and technology.

Criteria 5: Economic Value

5.1 Financial Considerations

Complete the financial consideration section on the Bid Reply Sheet to indicate financial considerations to the College. In addition to the required information to be submitted, the Proposer may include any additional information which may be helpful to the College in analyzing the Proposer’s ability to provide the desired service, such as noted in this ITN. Responses to this ITN may include descriptions of additional considerations not otherwise outlined in the equipment, service, and cost information provided in the response. Such additional considerations may include, but not are not limited to, the following:

Proposer-sponsored student scholarships and/or scholarship donations

Proposer-sponsored events for students

Sponsorship of College events and/or Promotional Initiatives of the College

Annual or one-time Capital/Facilities Investment Contribution (restricted or unrestricted, as it relates to intended use of the investment)

Annual or one-time Funding Contribution for Student Organizations, college-wide

Special pricing or other product-based incentives for employees and students of the College

Other additional financial or economic considerations



5.2 Other Benefits Not Listed: Describe any other benefits that go above and beyond what is required by this solicitation. These may or may not provide economical value but should enhance the program being offered by the proposer.

Required Documents:

Attachment 3: Proposal Certification

Attachment 4: Acknowledgement of Addenda

Attachment 5: Financial Consideration Proposal

Attachment 6: Product Listing & Prices

Attachment 7: Public Entity Crimes

Attachment 8: Non-Collusion Affidavit of Prime Bidder

Attachment 9: Certification of Drug-Free Workplace



Attachment 1: ITN Receipt Acknowledgement & RSVP for Pre-Proposal Meeting

Daytona State College ITN #19-002 Beverage Vending & Pour Rights

Please complete this acknowledgment and RVSP form and return e-mail no later than Monday, September 10, 2018:

Ms. Elaine Thiel

Daytona State College Purchasing Department

1200 W. International Speedway Blvd. Daytona Beach, FL 32114

[email protected]

Date ITN received: __________________________________ Will your organization be proposing on this contract opportunity? Yes ________ No ________ Please identify the representative from your organization who is to receive any ITN addenda (changes, additions, deletions, questions from other proposers, and Daytona State College responses): Contact Name: _______________________________ Title: _______________________________ Mailing Address: ________________________________ ________________________________ City/State/Zip: ________________________________ Phone: Fax: ___________________________ E-mail address: ________________ Will a representative be attending the Pre-Proposal Meeting? Yes _______ No ______ Names and titles of individuals (up to two) who will attend the pre-proposal conference. 1. 2.

mailto:[email protected]



Attachment 2:

Statement of Non-Submittal of Proposal Daytona State College ITN #19-002 Beverage Vending & Pour Rights

This company elects to submit a "NO SUBMITTAL OF PROPOSAL" for this Invitation to Negotiate for the following reason(s):

Signature

Name / Title

Legal Name of Contractor

Mailing Address

City / State / Zip

Telephone Number



Attachment 3: Proposal Certification


I certify that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same materials, supplies or equipment, and is, in all respects, fair and without collusion or fraud. I agree to abide by all conditions of this proposal; I certify that I am authorized to sign this proposal. I hereby agree to furnish the items and/or services at the prices and terms stated in my proposal. I have read and understand the terms and conditions of the Intent to Negotiate. This company is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all people without regard to race, color, religion, sex or national origin and the implementing rules and regulations prescribed by the Secretary of Labor. Name(s) and Title(s): ____________________________________ Legal Name of Proposer: ____________________________________ Mailing Address: ____________________________________ ____________________________________ City, State, Zip: ____________________________________ Telephone: ___________________ __ Fax: _______________________ Signature: _______________________________________________ Date NOTE: A completed and signed copy of the Proposal Certification form is required to be included with your proposal.



Attachment 4: Acknowledgement of Addenda


This form is to be used by the Bidder to acknowledge receipt of addenda that are issued by the College in relation to this Invitation to Negotiate #19-002.

The Bidder must maintain this form cumulatively, and whenever the Bidder receives an addendum, the number is entered on this form and a copy sent by e-mail or mail to:

Ms. Elaine Thiel

Daytona State College Purchasing Department

1200 W. International Speedway Blvd. Daytona Beach, FL 32114

[email protected]

Addendum No. Signature

Date:


Date:


Date:

NOTE: A completed and signed copy of the Acknowledgement of Addenda is required to be included with your proposal.

mailto:[email protected]



Attachment 5: Financial Consideration Proposal

Daytona State College ITN 19-002 Beverage Pour Rights

Beverage Vending & Non-Vending

Carbonated Non-Carbonated

Energy Drinks

Monthly Commission Rate (Vended):

% of Beverage Sales

Monthly Commission Rate (Non-Vended / Retail):

% of Beverage Sales

Monthly Commission Rate (BIB Gallon):

% of Beverage Sales

Guaranteed Annual (or Advanced) Commissions

$ Per Contract Year

Signing Bonus $ One Time

Rebate Per Case on Product Sold

$ Per Case

Exclusive Rights Value $ for Term of Contract or $ Annual Payment

Additional Considerations (List each separately)

$ Value / $ Payment

Campus-Wide Sponsorship

Signing Bonus $ $ One Time

Discretionary Cash $ $ Per Contract Year

Marketing & Promotional Fund $ $ Per Contract Year

Free Cases of Beverages # # of Cases Per Year

Other In-Kind Support $ $ Per Contract Year

Corporate Sponsorship $ $ Per Contract Year

Academic Scholarships $ $ Per Contract Year


$ $ Value / $ Payment

Athletic Sponsorship

Signing Bonus $ $ One Time

Discretionary Cash $ $ Per Contract Year

Scoreboard Sponsorship $ $ For Term of Contract

Athletic Scholarships $ $ Per Contract Year

Free Cases of Beverages # # of Cases per Year

Other In-Kind Support $ $ Per Contract Year

Corporate Sponsorship $ $ per Contract Year


$ $ Value / $ Payment



Attachment 5 (continued): Financial Consideration Proposal


If offering longer term contract, please insert additional compensation or commissions that would be extended and the length of contract term proposed:

The Contractor assumes full liability for all taxes applicable to its property and income and is solely responsible for the payment of Florida State Rent tax. This Contractor obligation will not affect the calculation of the College commissions which are earned on gross revenue after the deduction of sales tax. There will be no other deductions of any kind from gross sales preceding the calculation of any commissions payable to the College.

In addition to the monthly contractual commission amount payable, the awarded Contractor shall further remit to the College, in a separate check each month for the State of Florida use tax due, commission and this tax, will be forwarded by the College to the State of Florida Department of Revenue.

I certify that I am a representative of this company and authorized to submit this response:

Authorized Signature Date

Printed Name Phone

Name of Company Fax

Address



Attachment 6: Product Listings & Prices - Template


Product Listing and Prices (Beverage Vending)

Product: Volume/Weight (Each):

Retail Price (Each):

Product Listing and Prices (Non-Vending Beverage)


Retail Price (Each):

Event Orders (Cases of Product)


Quantity per Case

Price (Case):



Attachment 7: SWORN STATEMENT UNDER SECTION 287.133 (3) (a),

FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid Proposal or Contract for (Project) 2. This sworn statement is submitted by [name of entity submitting sworn statement] whose business address is: and

(if applicable) its Federal Employer Identification Number (FEIN) is . (If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:

.) 3. My name is and my relationship to the entity

named above is (title) 1. I understand that a “public entity crime” as defined in Section 287.133(1)(g), Florida Statutes,

means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

2. I understand that “convicted” or “conviction” as defined in Section 287.133 (1)(b), Florida Statutes,

means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record, relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

3. I understand that an “affiliate” as defined in Section 287.133(1)(a), Florida Statutes, means: (1) A

predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

4. I understand that a “person” as defined in Section 287.133(1)(e), Florida Statutes, means any

natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity.



The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

5. Based on information and belief, that statement which I have marked below is true in relation to

the entity submitting this sworn statement. [Please indicate which statement applies.] ____ Neither the entity submitting this sworn statement, or one or more of the officers, directors,

executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies.]

____ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.]

____ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.]

____ The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.]

Date: Signature: STATE OF: __________________________ COUNTY OF: ___________________________ PERSONALLY APPEARED BEFORE ME, the undersigned authority, [name of individual signing] who after first being sworn by me, affixed his/her signature in the space provided above on this day of , in the year . My commission expires: ____________________________ Notary Public ____________________________ Print, Type, or Stamp of Notary Public Personally known to me, or Produced Identification: _____________________________ Type of I.D.


Attachment 8: NON‐COLLUSION AFFIDAVIT OF PRIME BIDDER

State of County of , being first duly sworn, deposes and says that: He/she is of _, Bidder that has submitted the attached Bid; He/she is fully informed respecting the preparation and contents of

the attached Bid and of all pertinent circumstances respecting such Bid; Neither the said Bidder nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Board of Trustees of Daytona State College. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. _____________________________ Signed _____________________________ Title Subscribed and sworn to before me this _day of , 20 . Name Title My Commission Expires:


Attachment 9: CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

IDENTICAL TIE BIDS - Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program, or if all of the tied vendors have drug-free workplace programs. In order to have a drug-free workplace program a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution,

dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Bidding firm of entity name: _____________________________________________ Signature of vendor representative: __________________________________ Date: ____ Type or printed name of vendor representative: _______________________________________________


APPENDIX A-F: Daytona State College

ITN 19-002 Beverage Pour Rights

A. Beverage Vending Commissions: Based on settlement reports provided by the current beverage contractor and the College’s reconciled electronic fund transfers received, commissions for the previous four (4) fiscal years are:

Source/Reference: Coca-Cola Beverage Florida Commission Settlement Reports and Daytona State College General Ledger.

B. Category of Products and Volumes Sold: Volume Sold per category of product type for Fiscal Years 2017 and 2018 include:

Source/Reference: Coca-Cola Beverage Florida


C. Vending Machine Locations: Coca-Cola Beverages Florida currently has beverage vending machines at the following locations:


Outlet Number Location Street City

600345714 BLDG #1200 2ND FL MULTI 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345648 BLDG 300 MULTI 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH





600345712 BLDG 500 3RD FL MULTI 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345653 BLDG CAFETERIA MULTI 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345654 BLDG CAFETERIA MULTI 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600349024 I/S 510 FL1 20Z 1700 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600347702 I/S ATC BLDG HLLWY MULTI 1770 TECHNOLOGY BLVD DAYTONA BEACH

600347862 I/S ATC BLDG HLLWY MULTI 1770 TECHNOLOGY BLVD DAYTONA BEACH

600349899 I/S BLDG 100 1ST FLOOR 20Z 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345703 I/S BLDG 320 MULTI 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345658 I/S BLDG 500 20OZ 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345747 I/S BLDG 500 2ND FL MUL 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345746 I/S BLDG 500 3RD FL MUL 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345657 I/S BLDG 530 20OZ 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600347912 I/S CAFATERIA MULTI 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600347861 O/S BLDG 200 MULTI 1200 INTNL SPEEDWAY BLVD DAYTONA BEACH

600347863 O/S BLDG 200 MULTI 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH



600345646 PCV 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH


600345715 PCV 1200 INTERNATIONAL SWY B DAYTONA BEACH


600345647 PCV BLDG 140 FL2 TSD 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345644 PCV BLDG 150 2ND FL 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345656 PCV BLDG 510 1200 W INTERNATIONAL SPEEDWAY BLVD DAYTONA BEACH

600345733 FL BLDG 6 ASC 1155 COUNTY ROAD 4139 DELAND

600349917 I/S FRNT DESK 20Z BLDG 7 1155 COUNTY RD DELAND

600345674 MAIN ENTRANCE LIBRARY 1155 COUNTY ROAD 4139 DELAND

600345671 BACK BLDG MULTI 2351 PROVIDENCE BLVD DELTONA

600348926 I/S BACK BLDG 20Z 2351 PROVIDENCE BLVD DELTONA

600345672 MAIN BLDG 2ND FLOOR MUL 2351 PROVIDENCE BLVD DELTONA

600345667 BLDG 1 MULTI 940 10TH ST NEW SMYRNA BEACH




600345680 BLDG 2 MULTI PC 3000 PALM COAST PKWY SE PALM COAST

600345677 PCV 3000 PALM COAST PKWY SE PALM COAST

600345679 PCV BLDG 2 3000 PALM COAST PKWY SE PALM COAST

DAYTONA STATE COLLEGE

Vending Machine Locations


D. Vending Sales by Brand: Vending Sales for the Top 20 beverage brands in Fiscal Years 2017 and 2018 include:



E. Retail Sales by Brand: Retails Sales for the Top 20 beverage brands for Fiscal Years 2017 and 2018 include:



F. Fountain Sales by Brand: Fountain Sales for Fiscal Years 2017 and 2018 include:
