Request for Proposal

Transcription

1 H. INVITATION TO BID ATC Water Chiller ITB # Request for Proposal RFP #18-002: Food Service Consultant Date Issued: November 1, 2017 Daytona State College is seeking proposals for a Food Service Consultant in accordance with the Scope of Work specified in this RFP. Notice is hereby given that sealed bids will be received in the Purchasing Department, Building 1100, Room 122, 1100 Willis Avenue Daytona Beach, FL on November 29, 2017 by 2:00 p.m., ET, at which time they will be opened in Building 1100, Room 123. Direct inquiries to: Lori-Le Foote Purchasing Agent Lori-Le.Foote@DaytonaState.edu Telephone Number: (386) Fax Number: (386) Mail To: Daytona State College Attn: Lori-Le Foote PO Box 2811 Daytona Beach, Florida Delivery to: Building 1100, Room Willis Avenue Daytona Beach, FL Upon receipt of this bid document, any and all communications regarding this bid must be made only to the Purchasing Department 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. 1

2 General Information 2 To insure consideration of your proposal, please follow these instructions. Proposals not in compliance with the requirement specified herein are subject to rejection. 1. Sealed Proposals: One (1) proposal marked Original, five (5) copies and one (1) digital copy via USB drive in PDF must be received by the Purchasing Department by the date and time specified. The Proposal Reply Sheet, Form 2, Form 3, Form 4 and any signed addendums. The proposals will not be immediately evaluated. Bids must be sealed and clearly labeled with the following information: a. Name and address of bidder b. Bid number c. Date and time of Bid Opening 2. 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 bid, 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. All costs incurred by the respondent in preparing a proposal in response to this RFP will be borne by the respondent. 3. No Proposal: If unable to submit a proposal, please sign and return the Statement of No Proposal by mail, or fax advising the reason for not submitting a proposal before the due date. 4. 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. 5. Questions Regarding RFP: Questions regarding any portion of this RFP shall be made in writing via (Lori-Le.Foote@DaytonaState.edu). All such requests must be received no later than 5:00 p.m., Eastern Time, November 15, Requests for more information will be included in any addenda and will be made available to all Bidders. Additional questions received after the deadline will not receive a response. Responses will not be made orally. Any additional information pertaining to this ITB or to the services 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 Bidder s reliance thereon. 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. Any additional information pertaining to this RFP or to the services 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 Bidder s reliance thereon. 6. Cost Discussions: The Proposer must not discuss cost information, except for clarification

3 requested by the Purchasing Agent listed in this RFP 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 proposal. 7. 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 RFP before submitting their proposals. Please access the college web site at for any addenda. 8. Late Proposals: The deadline time and date will be strictly observed. 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 Request for Proposal. It is the Proposers responsibility to make certain that his/her proposal is in the hands of the Purchasing Agent 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 9. 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 RFP, to reject any and all proposals, to 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 Request for Proposals 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. 10. 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. 11. Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with 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 award or perform work as a contract supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 12. 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. 13. ADA: The vendor awarded this proposal shall agree to comply with the Americans with Disabilities Act (ADA) of Proposal Acceptance Period: Any proposal in response to this solicitation shall be valid for 120 days following opening of proposals, 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 120 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 3

4 awarded or the solicitation is canceled. 15. Evaluation Process: The Evaluation Committee will evaluate all responsive proposals received. The committee will examine each proposal and determine how effectively it satisfies the RFP. 16. Proposal Award/Terms of the Contract: A written contract and/or purchase order detailing agreed terms will be rendered between the College and the agency achieving a successful bid. Terms of the contract will include any and all items as specified in the bid, plus mutually agreed terms and conditions. The content of this RFP and all provisions of the successful bid response deemed pertinent by Daytona State College may be incorporated into a contract and become legally binding. Any award made under this ITB is contingent upon appropriations legislated by the State of Florida. 17. Clarification: The College reserves the right to request clarification of information submitted and to request additional information of one or more Proposers, if needed. 18. Conflict of Interest: The award hereunder is subject to the laws of the State of Florida. 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 Proposers must disclose the name of any state employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer s firm or any of its branches. 19. 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 sixty (60) days prior notice. Notice shall be provided in writing via a mail courier service with proof of delivery. 20. Legal Requirements: 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 received in response hereto and shall govern all claims and disputes which may arise between person(s) submitting a bid 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 (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. 21. 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. No prepayment or deposits will be made by the college prior to any services being performed. Payment will be made by the College after satisfactory services are rendered in accordance with the terms of the contract. 22. Taxes: Sales to Daytona State College are exempt from state sales tax, tax exemption no: C Cooperative Purchasing 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 (2) (c). Bidder to notate below any exception to this requirement. Purchasing Agreement with other Public Agencies All proposers submitting a response to this 4

5 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 to notate below any exception to this requirement. 24. Insurance: The Contractor/Vendor 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/Vendor 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/Vendor 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/Vendor 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. 5 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

6 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 25. 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 s 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 such claim or action. The College shall have the right and option to be represented in any such claim or action at its own expense. 26. 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 Consultant, 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. 27. 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 consultant and terminate this agreement without cause. 28. Non-Mandatory Pre Bid Meeting and Site Visit: N/A 6

7 RFP Tentative Schedule Description Day/Date Advertise RFP November 1, 2017 Questions regarding RFP due November 15, 2017 at 5:00PM Responses to questions (if any): On or before November 22, 2017 RFP Due Location: Purchasing Office Bldg. 1100, Rm Willis Avenue Daytona Beach, FL November 29, 2017 at 2:00 PM RFP opening Location: Purchasing Conference Room* Evaluation Committee Meeting to review and rank proposals Location: Purchasing Conference Room* November 29, 2017 at 2:00 PM December 12, 2017 at 4:00 PM Notice of Intent to Award December 13, 2017 * The Purchasing Conference room is located on the Daytona Beach Campus, 1100 Willis Ave, Daytona Beach, Florida

8 Background Daytona State College was authorized by the 1957 Florida Legislature and became the state s first comprehensive community college. Located in East Central Florida (Volusia and Flagler Counties) with 7 campuses, the College has evolved from a small campus into an academically supervised multi-campus institution providing educational and cultural programs. As a comprehensive public college committed to open access, student learning and success, the College provides personalized attention to students, embraces diversity, and uses innovation to enhance teaching and learning. The College provides instruction to over 27,700 students each year. The College currently contracts for food service at the Daytona Beach Campus and vending at all seven of the College s campuses/locations. The College has determined a need for an experienced consultant who understands the current dynamics of college student food service and vending operations and can provide evidence of successful outcomes from similar projects for higher educational institutions, specifically the State College System in Florida or community colleges in general. The College endeavors to provide students relevant, expected and valued services in relation to its student foodservice and vending operations. Scope of Service Daytona State College is soliciting proposals for a food service consultant to assist the College in developing a solicitation and facilitating negotiations for the selection of provider(s) for food service, snacks, hot/cold beverages, vending, and catering. The expected time frame for new agreements to be in place is January 1, 2019, or earlier. The College wishes to have the Intent-to-Negotiate (ITN) developed, released, evaluated and an agreement to finalize for a smooth transition into the next multi-year contract period, which is expected to begin December 2018 or January It is the goal of the College to select a knowledgeable and experienced food service consultant to assist the College in developing the ITN to incorporate all the food services components to include, but not limited to, vending, and catering providers. The resulting ITN shall be structured to allow the College to make the best choices possible in selecting food service providers who are leaders in the food service industry, understand the dynamics of campus food service, can demonstrate a willingness and ability to be proactive in providing state-of-the-art campus food products and services, and will partner with the College to improve the overall food service program. The term of the consulting contract resulting from this quote will be for the duration of the food service, vending, and catering services ITN(s). 8

9 Deliverables expected by the College: Pre-Solicitation Audit Prepare a detailed pre-solicitation operational audit and needs assessment of all current food service, vending, and catering contracts to establish opportunities for improvements of present services, and to create realistic goals and time tables for future enhancements. Gather Statistical Data for ITN Assist in the preparation of financial summaries, café equipment lists, statistical matrixes, and operational characteristics for inclusion in the ITN. Preparation of ITN Assist in creating a summary of the specific terms, conditions and expectations, as well as describing a profitable business opportunity sufficient to attract a wide field of offerors. Consultants are expected to research like Colleges and comparable College contracts for best practices to include in the ITN, and to assist in developing an evaluation matrix. It is expected that the ITN will be written so that offeror bids for the ITN, should they be awarded by the College, become the basis for the ensuing contracts with the vendors. Bidder's Conference/ Campus Tours Consultant will co-facilitate with College staff in a detailed review of ITN and conduct familiarization tour of all locations with perspective bidders ensuring high clarity in the expectations and requirements of DSC. Respond to Written Questions Consultant will assist in preparation and publishing of answers to bidders questions in accordance with cut-off date established in ITN. Evaluation of Proposals Received Consultant will review and provide detailed analysis of all responsive submissions. Consultant will summarize and, where possible, quantify all operational and financial deliverables and prepare a comparative matrix of proposals for operational and financial deliverables. Attend Verbal Presentations by Finalists Consultant will attend bidder s presentations, evaluate style and compatibility to the College and will probe for details and commitments with each proposer as appropriate. Consultant may be asked to preform site visits of finalists locations. Final Contract Negotiations Consultant will act as an advisor and advocate, promoting the best interests of the college in all matters, recommend and draft necessary language to assure that all commitments in the successful bidder s proposals are documented. Site Visits to Daytona State College It is expected that there will be multiple site visits to the College by the Consultant for this project: 1. Meet with Daytona State administration. Meet with Food Service Committee, tour café facilities and vending locations. 2. Attend non-mandatory bidder s conference. 9

10 3. Meet with Food Service Committee and review Consultant s analysis of bid proposals. The Committee will select the finalists for presentations. 4. Attend bidder presentations of the finalists. The Committee will determine the bidders being recommended for contract negotiations. 5. Possibly meet with College administration during contract negotiations. This might be conducted via conference call. 6. Attend and present findings to the College District Board of Trustees, as needed. Proposals Submission The proposal must explain the scope of services to be provided as understood by the proposer. Detail the services you will offer/provide to the College in delivering a successful ITN for Food Service. Any additional services in which your firm can provide beyond the Scope of Services may be included with the proposal. The College reserves the right to use or exclude any services proposed. This submission should include: 1. Company Capabilities: Provide a description of the firm s capabilities to provide the requested services. 2. Company Credentials: Provide a brief statement of qualifications that includes the firm s size, geographic location in relation to the project, and the office that will support the contract for this project. Detail any information that would give the proposer an advantage in completing this project. 3. Business or Corporate Information: Provide evidence of authority to do business in the State of Florida. If proposer is a corporation, provide a copy of the certification from the Florida (or other state) Secretary verifying proposer s corporate status and good standing, and in the case of out of state corporation, evidence of authority to do business in the State of Florida. 4. Licenses: Include a copy of any applicable licenses. List any regulatory or license agency sanctions. 5. Current Similar Projects: List all in progress projects currently under contract which are similar to this project. Indicate the project start date, percent completed and scheduled completion date. 6. Recently Completed Similar Projects: Provide the following information for at least three (3), but no more than five (5) recently completed similar projects that best illustrate the experience of the firm and the current staff assigned this project. Additionally, provide for each of the project(s) included in the list the following information: 10 Project name Project location Project scope Owner/Client/Customer Address Contact person and title Telephone and fax number address Firm s responsibility Type of project Key project personnel

11 7. Process and Timeline: Provide a detailed description of the approach your firm uses to complete the deliverables. Provide a timeline in which your firm foresees starting from commencement of the consulting contract to completing negotiations with the successful food service and vending services provider. 8. References: Please provide three (3) references from similar projects. Be sure to provide the following information: Company name Address Contact Address Phone and fax number 9. Compensation Structure: Please provide your proposed compensation structure for the performance of this project. Also, provide hourly rates for additional consulting services. Evaluation Criteria The Committee will assign points as follows: A. COVER LETTER (5 points) B. QUALIFICATIONS (10 points) 1. Company Capabilities 2. Company Credentials 3. Business or Corporate Information 4. Licenses C. EXPERIENCE (10 points) 1. Current Similar Projects 2. Recently Completed Similar Projects D. PROJECT APPROACH (30 points) 1. Process & Timeline E. REFERENCES (10 points) 1. References F. FEE (30 points) 1. Compensation Structure G. FORMS (5 points) 1. Proposal Reply Sheet 2. Sworn Statement Under Section (3)(a), Florida Statutes, on Public Entity Crimes 3. Non-Collusion Affidavit of Prime Bidder 4. Certification of Drug-Free Workplace Program TOTAL POSSIBLE POINTS: 100 points Evaluation Process 1. Evaluation Method: A. The College will appoint an Evaluation Committee consisting of five (5) employees to evaluate the Proposals, and recommend rankings in the best interests of the College. 11

12 B. The College shall be the sole judge of its own best interests, the Proposals, and approval of the resulting contract. The College s decisions will be final. C. The Evaluation Committee will evaluate all responsive written Proposals to determine which Proposals best meets the needs of the College based on the evaluation criteria including the Responder s record of performance and experience in providing services to other public entities, costs the firm charges, and Responder s level of expertise. 2. Non-Responsive Proposals: A. Non-responsive Proposals will be rejected by the Purchasing Department and will not be distributed to the Evaluation Committee for consideration. Additionally, the Evaluation Committee may determine that required submittals/documentation is so inadequate as to be determined to be nonresponsive. Non-responsive Proposals may include, but are not limited to the following: Failure to sign the Proposal. Failure to acknowledge addenda (unless all changes are not material). Failure to provide required submittals/documentation. Submission of a late Proposal. Failure of the Contractor to meet minimum requirements. 12

13 Form 1 Proposal Reply Sheet RFP # Food Service Consultant Replies are due in the Purchasing Department on November 29, 2017 by 2:00 p.m. Description Total base bid amount as detailed in Section F Fee Cost Dollars ($ ) Addenda: The undersigned acknowledge receipt of the following Addenda. If no Addenda are received, include the word None in the blank spaces provided. Addendum No. Addendum No. Date Date 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 13

14 Statement of No Proposal RFP # Food Service Consultant This company elects to submit a NO PROPOSAL for this Request for Proposal for the following reason(s): I certify that I am a representative of this company: Authorized Signature Date Printed Name Phone Name of company Fax Address 14

15 Form 2 SWORN STATEMENT UNDER SECTION (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES Any person submitting a Request for Proposal in response to this invitation must execute the enclosed for PUR 7068, SWORN STATEMENT UNDER PARAGRAPH (3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with the said statement. 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 to: Daytona State College (print name of the public entity) By (Print name of entity submitting sworn statement) Whose business address is And (if applicable) its Federal Employer Identification No. (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that a "public entity crime" as defined in Paragraph (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 of the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an 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, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph (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.

16 Form 2 5. I understand that a "person" as defined in Paragraph (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 proposals or applies to proposal on contracts for the provision of goods or services 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. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement (indicate which statement applies). Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of the officers, directors, executive, partners, shareholders, employees, members, or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day of 20 Personally known 16 OR Produced identification Notary Public State of. My commission expires (Type of identification)

17 Form 2 (Printed, typed and/or stamped commissioned name of Notary Public) A person or affiliate who has been placed on the convicted Firm list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with 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 or perform work as a Firm, supplier, Sub Firm, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section , for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted Firm list. 17

18 Form 3 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: 18

19 Form 4 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 of printed name of vendor representative: 19