RFP 03-26 - Manual Food Service Bay #3.pdf

Santa Fe College RFP #03-26: Manual Food Service – Food Court Bay #3

Purchasing Department

Request for Proposal #03-26

Manual Food Service – Food Court Bay #3

Santa Fe College invites you to submit a proposal for Manual Food Services for Food Court Bay #3 according to the terms and conditions described herein. Thank you for your interest in Santa Fe College.

RFP #03-26: Manual Food Service – Food Court Bay #3

INFORMATION SHEET

Posting Date: August 4, 2025

Santa Fe College Purchasing Department Contact

Phil Carver, Director of Purchasing & Auxiliary Services phil.carver@sfcollege.edu

Date/Time/Location of Pre-Proposal

Conference

(see Section 1.7 for more information)

Attendance is Optional, but Recommended

Monday, August 18, 2:30 p.m.

3000 N.W. 83rd Street, Building R-Food Court, Gainesville, FL 32606

Changes/Inquiry Deadline (see Section 1.5)

Inquiries must be made through BidNet. Use the “Ask a Question” button within the BidNet platform (after registering).

NOTE: Unless specified otherwise in a College-issued addendum to this solicitation, requested changes to any conditions or specifications must be sent by the date in this section or they will not be considered

Friday, August 22, 2025, by 3:00 p.m.

Date Addendum to be Posted (see Section 1.6)

See https://www.bidnetdirect.com/florida/santafecollege

Friday, August 29, 2025

Date and Time Proposal is Due (see Section 1.8) Friday, September 12, 2025

Date, Time, and Location of Scoring Meeting (see Section 1.9)

On or about September 19, 2025

(Final date/times will be announced on BidNet)

Date of Recommended Award Posting On or about October 1, 2025

Board of Trustees Meeting [If Necessary] Tuesday, October 21, 2025

Any changes to the above schedule will be posted in an addendum to this solicitation at https://www.bidnetdirect.com/florida/santafecollege mailto:phil.carver@sfcollege.edu

Submission Platform

BidNet is the College’s platform to post and receive electronic bids (ITBs) and requests for proposals (RFPs).

Registering at BidNet and responding to this solicitation is free for vendors.

For questions on how to use BidNet or any BidNet technical support, contact BidNet’s support team at 800-835- 4603, Option 2.

Questions about this solicitation must be asked through the BidNet Platform, but to provide the College with feedback on your experience with the BidNet platform, e-mail the College’s Purchasing Contact (indicated at the top of the above chart).

Post Solicitation Submission Date Communications

Should the College change any calendar dates after bids or proposals are due (such as the award posting date), the changes will be posted in the solicitation’s “Communication” tab on BidNet as well as on the College’s website at https://www.sfcollege.edu/finance/purchasing/suppliers/bids.html https://www.sfcollege.edu/finance/purchasing/suppliers/bids.html

Solicitation Acknowledgement (REQUIRED) This page must be signed and included with your submission. Failure to do so will result in immediate rejection of your submission.

Solicitation RFP #03-26: Manual Food Service – Food Court Bay #3 The undersigned hereby certifies that the response included herein is made without prior understanding, agreement, or connection with any person or business entity submitting a response for the same goods or services and is in all respects fair and without collusion or fraud.

The undersigned understands and agrees that by submitting a response that the entirety of the response is subject to Florida Statue 119 and will be considered a public record upon solicitation award or recommendation to award subject to the following exemptions: Confidential information shall include only information that is made exempt from disclosure by Florida Statute. Should the bidder/proposer believe any information submitted is protected from disclosure under Florida’s public records law, the bidder/proposer must provide evidence of a statutory exemption under Florida law that is satisfactory to the College or obtain a protective order. All items of Confidential information must be labeled in writing as such when delivered to the recipient. (Any item marked “Confidential” that is not accompanied by sufficient evidence of statutory exemption, or a protective order shall be considered a public record and by signing below the bidder/proposer hereby agrees to this provision.)

The undersigned understands and agrees that any vendor-suggested changes and inquiries regarding this solicitation were due by the date shown on the solicitation information sheet (page 2), and that any vendor-required changes to the terms and conditions not already approved in an addendum issued by the College prior to the solicitation due date will likely be rejected and may (in the College’s complete discretion) result in the rejection of the entire submission.

The undersigned agrees to abide by all conditions of this invitation and certifies that he or she is authorized to sign this submission for the business entity indicated below.

Bidder/Proposer Business Name

Business Address

Printed Name & Title of Authorized Signatory

Signature of Authorized Signatory (Please Sign & Date)

1.0 General Terms and Conditions

To ensure acceptance of your response to this solicitation, be sure to follow the instructions herein. By signing the

Solicitation Acknowledgement, you agree to the terms and conditions below. Any and all conditions within this solicitation document which vary from these general conditions shall have precedence. Any attempts by the bidder/proposer to alter these General Terms and Conditions shall be void and unenforceable unless agreed to specifically in a written agreement signed by the parties. Any proposed changes must be submitted by the Inquiry Deadline specified on Page 2.

1.1 DEFINITIONS

• Agreement shall refer to the specifications herein required of the awarded vendor as well as any resulting contract created from a request for proposals (RFP) process.

• Bidder/Proposer refers to the business entity submitting a bid, proposal, or reply in response to this solicitation.

• “BidNet” and “BidNetDirect” both refer to the electronic solicitation website through which the College posts and receives responses to solicitations.

• Board refers to the Santa Fe College Board of Trustees

• College and/or SF refers to Santa Fe College.

• Contractor refers to the bidder/proposer whose response is selected for award.

• Response refers to a business entity’s submission in response to this solicitation.

1.2 SUBMITTAL DEADLINE

All responses must be submitted by the date/time required on the “Calendar Information” page via the College’s

BidNet Direct webpage. (https://www.bidnetdirect.com/florida/santafecollege). Offers by fax, e-mail, telephone, or hand delivery will not be accepted.

Submissions are considered valid for 120 days from the due date unless otherwise stated herein.

1.3 EXECUTION OF RESPONSE

The response must contain a manual or digital signature of an authorized representative of the bidder/proposer on the “Solicitation Acknowledgement” form (Page 3). Responses not submitted with the “Solicitation

Acknowledgement” form shall be rejected.

1.4 COSTS

The College is not liable for any costs incurred by a bidder/proposer in responding to this solicitation, including those for oral presentations, if applicable.

1.5 INQUIRIES & INTERPRETATIONS

Any questions concerning terms, conditions, and/or specifications shall only be directed via the College’s BidNet

Direct website no later than the inquiry deadline (see Page 2). Failure to comply with this condition will result in bidder/proposer waiving the right to dispute the solicitation terms, conditions and/or specifications. Please reference the solicitation number in all inquiries. Any vendor that submits contrary terms and conditions as a requirement for their bid, or who contacts others at the College not specified on page 2 to discuss the solicitation may be disqualified.

The Purchasing Department Contact may send inquiries to bidders/proposers for clarification of information, if necessary. Any clarifications received in writing shall be considered as part of the response. Failure to answer any clarifying questions sent may result in disqualification.

Inquiries made after the inquiry deadline must be made by e-mail to the Purchasing Department contact listed on page 2. No inquiry regarding specification interpretation may be made after the inquiry deadline. If you are not sure of the answer to a particular specification past the inquiry deadline, you may provide a response in your solicitation for both options. For example, if you’re not sure if “Specification A” means to go right or go left, indicate both options in your response. So in this case, if the answer is “left” then this is my response, but if the answer was

“right” then this other response applies.

Post-award inquiries may be made via e-mail to the Purchasing Department contact on page 2.

1.6 ADDENDA

Any addenda to this solicitation will be posted Santa Fe College BidNet Direct webpage

(https://www.bidnetdirect.com/florida/santafecollege) by 5:00 p.m. on the date indicated on the Solicitation

Information Sheet (Page 2) or in the addenda itself if further addenda are necessary. It is the bidder’s/proposer’s responsibility to assure that any addenda are received. Calendar changes (bid due date, award date, etc.) may be posted at any time if necessary (including after the first addendum is posted). It may be required that an addendum be signed and returned with the bidder’s/proposer’s response. Bidders/Proposers who do not sign addenda (if required) may have their entire response rejected.

1.7 PRE-SOLICITATION MEETING(S)

Pre-bid or pre-proposal conferences or inspections may be held to assist responders with understanding the specifications and/or viewing the relevant location(s). If such a meeting is designated as Mandatory, then only those who attend will be considered for award. Bidders/proposers are strongly urged to attend any non-mandatory pre-bid or pre-proposal conference as individual vendor appointments to review specifications will not be accepted.

1.8 SOLICITATION OPENING/DUE DATE AND TIME

Solicitation openings take place electronically through the College’s BidNet Direct Webpage. For a bid where price is the determining factor, vendor submissions and prices will be shown upon opening. It is the intent of the College to reveal all such bids publicly upon the due date/time. However, the lowest bid may not necessarily determine the award if references need to be checked, documentation needs to be reviewed/approved, or any other bid requirements need to be verified/approved. The official award will be posted on the date indicated in the bid through the BidNet platform.

For an RFQ, no results will be shared until completion of the evaluation process in accordance with the schedule on Page 2. However, the list of vendors who submitted proposals will be posted.

Late responses will not be accepted.

1.9 SCORING MEETING

If this solicitation is a Request for Proposals (RFP), Request for Qualifications (RFQ) or Invitation to Negotiate (ITN), then a public scoring meeting may be held to determine the award recommendation or recommendation for negotiations. The date, time, and location of the meeting will be specified on the Solicitation Information Sheet (if known) or in an addendum. Should the date, time, or location of the scoring meeting change, it will be noted in an addendum (see 1.6). Vendors are not required to attend.

Proposals which meet the Minimum Qualifications as outlined in Section 2.6 will be evaluated based upon, but not limited to, the following criteria:

1.10 PRESENTATIONS

A solicitation may require vendors to further elaborate on what they are offering in a presentation to the College or simply to answer evaluation committee questions. Any documents handed out by the proposer may be considered part of the proposer’s response or reply at the discretion of the College. If any document or any other aspect of the presentation conflicts with the proposer’s original response, the College may opt to use either the prior response or the presentation response as the College deems most favorable. Presentations may be held virtually as well using a popular software platform. Presentations are not open to the public.

1.11 NEGOTIATIONS

For an RFP, the College reserves the right to further negotiate terms to create an agreement with a top-ranked, awarded, or recommended awarded proposer. Any negotiations as part of an ITN shall be handled in accordance with the conditions of that ITN, which may vary.

1.12 AWARD

In the best interest of the College, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof. The College also reserves the right to reject any and all responses, to cancel a solicitation process at any time, or waive any minor irregularity or technicality in responses received. Further, the

College reserves the right to secure expert advice in selecting the best response to meet the requirements of the

College. (Any such expert advice shall in no way be associated with a business entity submitting a response.) For a bid, the College’s solicitation document and the awarded bidder’s response shall serve as the Contract. In some cases, an award may be based on the top-ranked bidder/proposer and the College being able to agree on final contract terms. If for any reason the top-ranked bidder/proposer and College cannot agree on final contract terms, the College may elect to re-open the solicitation, cancel the solicitation, or award to the second highest-ranked bidder/proposer, and so on. Some solicitations may have a multi-award.

In accordance with Florida Statute 287.05701, the College may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if a vendor is a responsible vendor. The College will not give preference to a vendor based on the vendor’s social, political, or ideological interests.

1.13 POSTING AND TABULATION

The posting of the award or recommended award will be made on or about the date of the award notification as indicated on the Solicitation Information page (Page 2). The official award notice will be posted on the on the

College’s BidNet Direct webpage (https://www.bidnetdirect.com/florida/santafecollege). As a courtesy, we will also post the award on the SF College Purchasing Office bulletin board (outside room F-042, 3000 NW 83rd Street, Gainesville, Florida, 32606), and on the SF Purchasing bids page. After award, solicitation files may be examined during normal working hours by appointment. In accordance with Florida Statute 119.071(1), the contents of all solicitations become public records and are available to public inspection when an award or recommendation to award is posted or 30 days after responses are open – whichever is earlier. However, if the College rejects all responses, and concurrently provides notice of its intent to reissue the solicitation, the responses shall remain exempt from disclosure until notice of an award or intended award concerning the reissued solicitation is made or

12 months has passed, whichever is sooner.

1.14 PROTEST

The recommended award will be posted for review by interested parties both online (at https://www.bidnetdirect.com/florida/santafecollege), on the SF Purchasing bids page, and in the Alan J. Robertson

Administration Building, outside Room F-46 and will remain posted for a period of at least seventy-two (72) hours.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

https://www.bidnetdirect.com/florida/santafecollege https://www.sfcollege.edu/finance/purchasing/suppliers/bids.html https://www.sfcollege.edu/finance/purchasing/suppliers/bids.html

In accordance with FS 287.042(2)(c), any person who files an action protesting a decision or intended decision pertaining to contracts administered or purchases by the College pursuant to Section 120.57(3) shall post, at the time of filing the formal written protest, a bond payable to the College in an amount equal to one percent (1%) of the estimated total volume of the award. The aforementioned bond shall be conditioned upon the payment of all costs which may be adjudged against him/her in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the College may accept a cashier’s check or money order in the amount of the bond. If, after completion of the administrative hearing process and any appellate court proceedings, the College prevails, it shall recover all costs and charges that shall be included in the final order judgment, excluding attorney’s fees. Upon payment of such costs and charges by the person protesting the award, the bond, cashier’s check or money order shall be returned to him/her. If the person protesting the award prevails, he or she shall recover from the agency all costs and charges which shall be included in the final order of judgment, excluding attorney’s fees.

1.15 BROKER INSURANCE REQUIREMENTS

Insurance Requirements will be provided in the specifications when necessary. If insurance is required, the

Contractor must provide proof of this insurance prior to any delivery or work being performed and provide evidence that such insurance is in place at all times throughout the agreement. Failure to have the required insurance coverage at any time during the agreement shall be grounds for default. The College may, its option, immediately suspend the agreement until the required insurance coverage has been restored, or immediately terminate the agreement for default. Any amount due from the College under the agreement on an ongoing basis shall be reduced at a pro-rated rate for any suspended time due to inadequate insurance coverage.

1.16 PRICES, TERMS, AND PAYMENT

Bidder/proposer prices shall include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder/proposer may offer cash discount for prompt invoice payment (where applicable). Unless otherwise stated in this solicitation, payment terms shall be Net 30 days.

1.17 TAXES

Santa Fe College does not pay Federal Excise or State Sales Tax. Do not include these items on invoices. The applicable tax exemption number is shown on the College’s Purchase Order. A copy of the College’s tax-exempt certificate is available upon request.

1.18 MISTAKES

Failure to examine the specifications, delivery schedule, prices, extensions, and all instructions pertaining to any goods and services solicited herein will be at bidder/proposer's risk. In case of mistake in extension, the unit price will govern.

1.19 DELIVERY

Delivery time may become a basis for making an award. Unless otherwise specified, delivery shall be made within

30 days from the date of receiving a College purchase order. Furniture orders shall be delivered within 90 days.

Unless otherwise agreed or specified herein, deliveries to the College shall be within 8:30 a.m. - 3:30 p.m., Monday through Friday. Failure to deliver on time shall be grounds for default.

1.20 CONFLICT OF INTEREST

The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All bidders/proposers must disclose with their solicitation the name of any officers, director, or agent who is also an employee of Santa Fe

College. All bidders/proposers must disclose any College employee who owns, directly or indirectly, any interest in the bidder’s/proposer's business or any of its branches. The bidder/proposer shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the College for any act or service which he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the bidder/proposer. No officer, agent, or employee of the College shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the College. The awarded vendor shall have no interest and shall not acquire any interest that shall conflict in any manner with the performance of the products or services required under this solicitation.

1.21 NON-CONFORMANCE TO CONTRACT CONDITIONS

Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida

Statutes. Items delivered not conforming to specifications may be rejected and returned at Contractor’s expense.

Non-conforming items and items not delivered as per delivery date required by the solicitation and/or purchase order may result in Contactor being found in default, in which event any and all re-procurement costs may be charged against the defaulting Contractor. Any such violation of the award/agreement may also result in the

Contractor being prohibited from participating in future business with the College in accordance with College rules.

1.22 SPECIFICATION DISPUTES

In case of any doubt or difference of opinions as to the goods or services to be furnished hereunder, the decision of the College’s Purchasing Director shall be final and binding on both parties. Bidders/proposers are strongly encouraged to seek clarification prior to the inquiry deadline (see page 2) if there are any questions (in accordance with Section 1.5). However, should an administrative hearing occur, the party requesting the hearing shall be held accountable for any and all costs relating thereto.

1.23 GOVERNMENTAL RESTRICTIONS

In the event any governmental restrictions are imposed which would necessitate alteration of material, quality, workmanship, or 4 of the items offered in this solicitation prior to their delivery, it shall be the responsibility of the

Contractor to notify the College at once, indicating in the notice the specific regulation which required an alteration.

Santa Fe College reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the award/agreement at no expense to the College.

1.24 LEGAL REQUIREMENTS

Bidder/Proposer and Contractor shall comply with all Federal, State, county, and local laws, ordinances, rules, and regulations that in any manner affect the services covered in this Agreement, including but not limited to the

Worker’s Compensation Act, unemployment compensation, and equal employment opportunity. Contractor shall conduct deliver all products and all services in a safe, efficient, and sanitary manner. Lack of knowledge by the

Bidder/Proposer or Contactor will in no way be a cause for relief from responsibility.

1.25 PATENTS AND ROYALTIES

The Contractor, without exception, shall indemnify, defend, and save and hold harmless the College and its employees, FCSRMC or the member Colleges from liability, including cost and expenses, to the extent arising from alleged infringement by Contractor of third-party intellectual property rights in the performance of the Agreement by the Contractor, including any use granted to the College by Contractor in writing. If the Contractor uses any design, device, or materials covered by letters, patent, copyright, or other intellectual property rights, it is mutually understood and agreed without exception that the Contractor shall be responsible for all royalties or costs arising from the use of such design, device, or materials in any way involved with products or services provided by

Contractor.

College and Contractor will, to the extent reasonable, appropriate, and permitted by law, collaborate and cooperate when defending any suit brought against College in accordance with this section. College may, at its own expense, hire its own attorneys for any suit brought against College.

1.26 ADVERTISING

Each party agrees not to use the other party as a part of any commercial advertising without prior written approval from such party’s authorized representative; with respect to the College, from the College’s Director of Purchasing

& Auxiliary Services.

1.27 ASSIGNMENT

Any Purchase Order issued pursuant to this solicitation and the monies which may become due hereunder may be assigned by Contractor with written notification to the SF Director of Purchasing. However, any such assignment shall permit the College to terminate any ongoing agreement for convenience with 30 days’ notice if desired by the

College.

1.28 LIABILITY (HOLD HARMLESS AGREEMENT)

The awarded business entity (Contractor) agrees, by accepting the award of this solicitation, to the following:

On behalf of Contractor and any heirs, executors, administrators and assigns, Contractor hereby waives, releases, covenants not to sue, forever discharges, and AGREES TO INDEMNIFY, DEFEND AND SAVE AND HOLD

HARMLESS the District Board of Trustees of Santa Fe College and the State of Florida and their respective trustees, employees, agents, successors, and assigns, FCSRMC and member Colleges (collectively, “Releasees”) from all claims, liabilities, actions and causes of action, damages, costs and/or expenses of any nature, including but not limited to attorneys’ fees and costs (collectively, “Claims”), arising out of or in any way connected with the appropriate use of the products or performance of the services set forth herein.

1.29 ANTI-DISCRIMINATION CLAUSE

The College is committed to an environment that embraces diversity, respects the rights of all individuals, is open and accessible, and is free of harassment and discrimination based on the protected classes listed herein. The parties agree not to discriminate against any person on grounds of race, ethnicity, national origin, color, religion, age, disability, sex, pregnancy status, gender identity, sexual orientation, marital status, genetic information, political opinions or affiliations, veteran status, or other legally protected classes under the laws of the State of Florida or the federal government. To the extent applicable, the nondiscrimination clause contained in Section 202, Executive

Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein.

1.30 AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with the Americans with Disabilities Act. In the event of the Contractor’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, any agreement resulting from this solicitation may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts.

1.31 STATE LICENSING REQUIREMENT

All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the College shall be on file and in good standing with the State of Florida’s Department of State.

1.32 PUBLIC ENTITY CRIME INFORMATION

As per Florida Statutes, Section 287.133(2)(a), “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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

1.33 DISCRIMINATORY VENDORS LIST

An entity or affiliate who has been placed on the Discriminatory Vendors List may not submit a response to provide goods or services to a public entity, may not be awarded a contract or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact business with any public entity.

1.34 UNAUTHORIZED EMPLOYMENT OF ALIEN WORKERS

The College does not intend to award publicly funded contracts to those entities or affiliates who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions as determined pursuant to Section

274A of the Immigration and Nationality Act.

1.35 RECORDS

All responses become the property of the College and will be a matter of public record subject to the provisions of

Chapter 119, Florida Statutes.

1.35.1 PUBLIC RECORDS LAW: The bidder/proposer agrees to allow the College and the public access to any documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, made or received by the bidder/proposer in conjunction with any submission or agreement resulting from this solicitation. Refusal to comply with this provision shall constitute sufficient cause for termination of any agreement resulting from this solicitation. All written records received by College in connection with the transaction of official business, including information contained in any responses to this solicitation may be deemed public records and are subject to the provisions of Ch. 119, Florida Statutes. In addition, if federal funds are used in this procurement, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions.

1.35.2 AUDIT RECORDS: The Contractor agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the College under any agreement resulting from this solicitation, and agrees to provide a financial and compliance audit to the College or to the Office of the Auditor General and to ensure that all related party transactions are disclosed to the auditor.

The Contractor agrees to include all record-keeping requirements on all subcontracts and assignments related to any agreement resulting from this solicitation.

1.35.3 RETENTION OF RECORDS: The Contractor agrees to retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to any agreement resulting from this solicitation for a period of five (5) years. The Contractor shall maintain complete and accurate record keeping and documentation as required by the College and the terms of any agreement resulting from this solicitation. Copies of all records and documents shall be made available to the College upon request. All invoices and documentation must be clear and legible for audit purposes. For the duration of any agreement resulting from this solicitation, all documents must be retained by the Contractor within the State of

Florida, at an address to be provided in writing to the Purchasing Director within thirty (30) days of the agreement execution. Any records not available at the time of an audit will be deemed unavailable for audit purposes. Violations will be noted and forwarded to the College’s Inspector General and/or legal counsel for review. The Contractor shall cooperate with the College to facilitate the duplication and transfer of any said records or documents during the required retention period. The Contractor shall advise the College of the location of all records pertaining to the

Contract resulting from this solicitation and shall notify the College by e-mail (with proof of receipt by the Director of

Purchasing) or certified mail within ten (10) days if/when the records are moved to a new location.

1.36 SEVERABILITY

The invalidity or unenforceability of any particular provision of any agreement resulting from this solicitation shall not affect the other provisions hereof, and shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes of the agreement can still be determined and effectuated.

1.37 GOVERNING LAW AND VENUE

Any agreement resulting from this solicitation is executed and entered into in the State of Florida and shall be construed, performed, and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Any action hereon or in connection herewith shall be brought in Alachua County, Florida.

1.38 TERMINATION FOR CONVENIENCE

Unless otherwise stated herein or agreed to, any agreement resulting from this solicitation may be terminated by either party upon no less than ninety (90) calendar days’ notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by e-mail (with verified receipt by the recipient) or certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery.

1.39 TERMINATION FOR CAUSE

Failure by either party to perform the material obligations described herein shall result in default or breach of the Agreement and shall be grounds for termination as set forth below.

Moreover, in the event of the Contractor’s noncompliance with nondiscrimination provisions, the Americans with

Disabilities Act, or with any other such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts.

In the event of a breach or default of the Agreement, the breaching party shall have thirty (30) days from written notice to cure such breach unless a longer time is agreed to in writing by both parties or a shorter time is warranted under the public records law with regard to Section 1.35. Should the breaching party fail to cure said default or breach within the time prescribed, the Agreement shall terminate. In the event the Agreement is terminated, nothing herein shall prevent either party from seeking all remedies available to it.

1.40 AVAILABILITY OF FUNDS

The obligations of the College under the award(s) from this solicitation are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida.

1.41 FORCE MAJURE

Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under the

Agreement resulting from this solicitation due directly or indirectly from acts of God, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, terrorism, strikes, or labor disputes.

1.42 VERBAL INSTRUCTIONS

No negotiations, decisions, or actions shall be initiated or executed by the bidder/proposer as a result of any discussions with any College employee. Only those communications that are in writing from the College's

Purchasing staff identified in this solicitation shall be considered a duly authorized expression on behalf of the

College. Only communications from the bidder’s/proposer’s representative that are in writing will be recognized by the College as duly authorized expressions on behalf of the bidder/proposer.

1.43 PREFERENCE TO FLORIDA BUSINESS

In accordance with Florida Statute 287.084, if this solicitation is for personal property, then a preference of at least five percent (see below) must be provided to businesses that have a principle place of business in the State of

Florida. Vendors whose principal place of business is outside the State of Florida must submit a written opinion of an attorney as required in 287.084(2). The written opinion is only required if this solicitation is for personal property.

The statute is reprinted here for your convenience:

287.084 Preference to Florida businesses.—

(1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.

(b) Paragraph (a) does not apply to transportation projects for which federal aid funds are available.

(c) As used in this section, the term “other political subdivision of this state” does not include counties or municipalities.

(2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.

(3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or its equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract.

(b) This subsection applies to any renewal of any state contract executed on or after July 1, 2012.

History.—s. 1, ch. 77-460; s. 117, ch. 79-400; s. 215, ch. 95-148; s. 3, ch. 95-420; ss. 16, 53, ch. 99-228; s. 6, ch. 2000-340; s. 23, ch. 2002-

207; s. 14, ch. 2012-32.

1Note.—Section 25, ch. 2012-32, provides that:

“(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under

ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this act.

“(2) Notwithstanding any provision of law, such emergency rules shall remain in effect for 6 months after the date adopted and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.”

1.44 COLLEGE RULES

Contractor understands and agrees to follow all current College rules that may apply to any service they perform, including, but not limited to, College Rule 2.8 (Policy Prohibiting Discrimination and Harassment), Rule 2.12

(Prohibition Against Fraudulent or Other Dishonest Acts), and Rule 3.38 (Prohibition of Firearms and Weapons on

College Premises). These rules, which may be changed from time to time, can be viewed at the College Rules website. Contractor further understands that Board Rule 2.8 prohibits sexual harassment, including sexual violence, as a violation of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681). Contractor understands that

Contractor personnel must report any suspected sexual harassment or violence to the appropriate authorities including the SF College Police Department and the College’s Equal Access/Equal Opportunity Coordinator.

Contractor understands that current Florida law provides that any person who knows, or has reasonable cause to suspect, that a child is abused, neglected, or abandoned by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall immediately report such knowledge or suspicion to the Department of http://www.sfcollege.edu/rules/ http://www.sfcollege.edu/rules/ http://www.dcf.state.fl.us/programs/abuse/index.shtml

Children and Families Florida Abuse Hotline at 1-800-962-2873. More information about reporting abuse may be found online at http://www.dcf.state.fl.us/programs/abuse/index.shtml. Additionally, Contractor understands that

Florida law requires reporting suspected abuse of a child even when the alleged abuser is not the parent or caregiver of the child.

1.45 CHANGES TO AGREEMENT/CHANGED CONDITIONS

Any changes to the resulting agreement must be in writing and executed by authorized representatives of all parties, or by a College-issued change order and acceptance by Contractor. Should conditions change that were not anticipated, both parties shall work together in good faith to adjust the Agreement to reasonably accommodate the change.

1.46 CONFIDENTIALITY & PROPRIETARY INFORMATION

Confidential or proprietary information provided by one party to the other in discharge of the terms and conditions of this agreement must be clearly marked as being proprietary or confidential. Confidential information shall include only information that is made exempt from disclosure by Florida Statute. Each party agrees to protect the information or property disclosed to the other party and will take reasonable action required to protect the disclosing party from damages arising out of the disclosure of information or property in violation of this provision. If either party believes any information submitted is protected from disclosure under Florida’s public records law, the disclosing party must provide evidence of a statutory exemption under Florida law that is satisfactory to the other or obtain a protective order. All items of confidential information must be labeled in writing as such when delivered to the recipient. This solicitation and proposer’s response is not considered confidential.

1.47 E-VERIFY

To the extent that Contractor meets the definition of “contractor” in Fla. Stat. § 448.095(1)(b), Contractor shall comply with Fla. Stat. § 448.095 and this section. Contractor and its subcontractors, if any, will register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Contractor will provide appropriate evidence of enrollment to College upon request. Contractor will require each subcontractor, if any, to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor will maintain a copy of such affidavits for the duration of its contract with

College. If the College, the Contractor, or a subcontractor has a good faith belief that a person or entity with which it is contracting has knowingly violated Fla. Stat. § 448.09(1), it shall terminate the contract with that person or entity.

This termination is not a breach of contract and may not be considered as such. Contractor will be liable for any additional cost or expense incurred by College as a result of such termination of a contract. If College has a good faith belief that a subcontractor knowingly violated this section, but the Contractor otherwise complied with the relevant law, College will promptly notify the Contractor and direct the Contractor to immediately terminate the contract with the subcontractor. This termination is not a breach of contract and may not be considered as such.

Contractor will be liable for any additional costs or expenses incurred by College as a result of such termination of a contract.

2.0 Specifications and General Terms and Conditions

2.1 Overview

The District Board of Trustees of Santa Fe College seeks to contract with a qualified provider of manual food services as per the terms, conditions and specifications contained herein. The Contractor shall provide service from one bay in the food court in Building R on the Northwest campus.

For more information on the College, please visit our website at www.sfcollege.edu.

The pre-proposal conference will include a tour of the food court facility (both public and non-public areas), but proposers are welcome and encouraged to visit/observe the public dining area on their own at any time the food court is open to the public. No College official will be available to answer questions except during the pre-proposal conference. Visiting proposers (or potential proposers) shall not interfere with the normal operation of the food court and may not ask any questions of the vendors or patrons.

The size of the bay is 696 square feet plus a walk-in cooler that is approximately 120 square feet.

Plans/as-built drawings can be viewed on the website at:

https://www.sfcollege.edu/finance/purchasing/suppliers/bids.html or directly at:

https://www.sfcollege.edu/finance/assets/pdfs/purchasing/bids-solicitations/PLAN-R-GROUND-FLOOR-BAY-3.pdf https://www.sfcollege.edu/finance/assets/pdfs/purchasing/bids-solicitations/PLAN-R-GROUND-FLOOR.pdf

2.2 Term of Contract

The Contract will begin on a date mutually agreed between November 1, 2025, and January 1, 2026, and continue through October 31, 2030. Upon mutual consent of both parties, the Agreement may be extended for up to two additional five-year terms. Any renewals shall be executed at least 60 days prior to the current terms expiration unless a shorter time is agreed upon by both parties. The College’s expectation is that any contractor required refitting of the existing bay will be complete prior to the start of classes on January 7, 2026, and that the restaurant will be open for business on that date at the latest.

2.3 Qualifications

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 RFP. The College may request from proposers (or any other relevant entity) information 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. The College may further ask for clarification on any of the following:

• Financial resources

• Personnel resources

• Physical resources

• Internal financial, operating, quality assurance, and other similar controls and policies

• Additional references

• Disclosures of complaints or pending actions, legal or otherwise, against the proposer http://www.sfcollege.edu/ https://www.sfcollege.edu/finance/purchasing/suppliers/bids.html https://www.sfcollege.edu/finance/assets/pdfs/purchasing/bids-solicitations/PLAN-R-GROUND-FLOOR-BAY-3.pdf https://www.sfcollege.edu/finance/assets/pdfs/purchasing/bids-solicitations/PLAN-R-GROUND-FLOOR.pdf

2.4 Current Food Vendors

The College currently has two vendors in the Food Court: La Fortuna and Subway. This solicitation is for an empty bay adjacent to those two vendors. The College also has food service provided in its Café in the Library (Coffee

101, run by Barnes & Noble College), as well as grab-and-go items in the Bookstore.

2.5 Rent

Rent shall be at a rate of $1,200.00 per month ($14,400/year) for the first five years of the agreement. Should the vendor choose to close during any of the summer months, rent will be reduced during those times (see Section

2.8). Rent is due on the 5th business day of each month. Late payments over 30 days may be assessed a cumulative 1.5% monthly fee or the highest rate permitted by Florida law, whichever is lower. The College will notify the Contractor in writing of such a fee but also reserves the right to waive the late fee if the College desires.

If the agreement is renewed, the base rent will increase beginning in November of 2030 based upon the annual change in the CPI Urban Report, with a minimum change of $0, and a cap of 3% per year.

2.6 Commissions and Other Compensation

In addition to rent, the College is soliciting offerings of commissions or other compensation. Proposers shall include this in their proposal. The vendors currently in the food court pay a commission ranging from 4% to 6%, and each has provided an annual minimum commission guarantee, ranging up to $11,000/year. Commissionable sales shall be defined as gross sales, less sales taxes, and less any sales mutually agreed upon as exempt.

2.7 Menu (and Menu Restrictions)

The College is looking for food service that compliments the other vendors, Subway and La Fortuna.

In accordance with Subway’s agreement, the selected vendor is prohibited from selling sandwiches, wraps, or salads—items exclusively offered by the Tenant—within the Food Court.

Proposers must offer both breakfast and lunch options and must comply with any beverage pouring rights/exclusivity the College enters into and be subject to the beverage pricing in the College’s contract unless the Contractor has an existing agreement with the provider. (Currently, Pepsi is the exclusive beverage provider at the College.