CSP 2023-0025 Purchase of Dining Services

PURCHASE OF CAMPUS DINING SERVICES REQUEST FOR COMPETITIVE SEALED PROPOSAL (CSP) CSP-2023-0025 Release Date: December 16, 2022 Proposals must be submitted to: Alamo Colleges District Purchasing and Contract Administration See addresses in “Key Dates and Information” Pre-Proposal Site Visits: January 11, 2023 Proposal Deadline: February 2, 2023, 2:00 p.m. CST CSP-2023-0025 Page | 2 TABLE OF CONTENTS Key Dates and Information Minimum Qualifications General Information A. CSP Project Scope B. Organizational Description (Who We Are) C. Definition of Terms Section 1: Scope of Work A. Scope of Work B. Statement of Work Section 2: Terms and Conditions of the CSP & Submission of Proposal A. Terms and Conditions of the CSP B. Preparation of Proposals C. Submission of Proposal Section 3: Proposal Pricing Schedule Section 4: Offeror’s Checklist Section 5: Certification of Non-Collusion Section 6: Proposal Certification Section 7: Form CIQ – Conflict of Interest Questionnaire Section 8: Terms and

Conditions of the Contract 1. Defined Terms 2. Project Objective(s) and Scope 3. Project Deliverables 4. Supplemental Deliverables or Rate Changes 5. Access 6. Communication 7. Policies 8. Compliance 9. Intellectual Property Rights, Contents, Licenses & Assignments 10. Liability, Risk and Insurance 11. Payment 12. Term and Termination 13. General Terms 13.1 Independent Contractors 13.2 Notices 13.3 Choice of Law 13.4 Successors and Assigns 13.5 Entire Agreement 13.6 Amendments 13.7 Force Majeure 13.8 Severability 13.9 Gender and Number 13.10 Captions CSP-2023-0025 Page | 3 13.11 Exhibits 13.12 Drafters 13.13 No Third Party Beneficiaries 13.14 Dispute Resolution Appendix A: Student Internship Program Parameters Appendix B: Pre-Proposal Site Visit Map & Schedule CSP-2023-0025 Page | 4 KEY DATES AND INFORMATION CSP NAME: CSP-2023-0025 Competitive Sealed Proposal (CSP) for Purchase of Campus Dining Services PRE-PROPOSAL SITE VISITS: Pre-Proposal site visits are scheduled on January 11, 2023 beginning at 8:00 AM at Northwest Vista College at the Cyber Café in the Redbud Learning Center (RLC). The site visits will continue thereafter as per Appendix B “Pre-Proposal Site Visit Map & Schedule”, at all college campus locations where service will be provided. The Pre-Proposal Site Visits are not mandatory; however, attendance is strongly encouraged. CLOSURE: The Alamo Colleges District will be closed for Winter Break – December 20, 2022 to January 2, 2023; Martin Luther King Jr. Day – January 16, 2023; Spring Break – March 13 to March 19, 2023; Easter Holiday – April 7 to April 9, 2023; and Fiesta Holiday – April 28, 2023. During this time, we will not respond to any emails or phone call messages. We will respond to messages received when we resume regular operating hours. SUBMITTAL DEADLINE: Thursday February 2, 2023, prior to 2:00 pm CST. DELIVERY LOCATION: Alamo Colleges District Purchasing and Contract Administration Re: Purchase of Campus Dining Services CSP-2023-0025 Reception Desk 2222 N. Alamo St. San Antonio, Texas 78215 CONTRACT TERM: Any contract awarded by the Board of Trustees as a result of the CSP will begin upon award and terminate five (5) years thereafter and have the option to renew for an additional two (2), one (1) year periods upon mutual consent of both parties. NOTICE: All questions related to this CSP are to be directed to Terry A. Loomis, Assistant Director, Purchasing and Contract Administration, via email to: tloomis2@alamo.edu with a copy to dst-purchasing@alamo.edu. mailto:tloomis2@alamo.edu mailto:dst-purchasing@alamo.edu CSP-2023-0025 Page | 5 MINIMUM QUALIFICATIONS The respondents to this CSP must have the following minimum qualifications. Failure to meet minimum qualifications may be grounds for rejection. Alamo Colleges District reserves the right to reject Proposals that fail to include this information with the Offerors Proposal submission. 1. Offeror must affirm in writing and include supporting documentation with proposal submission: Offeror agrees to provide proposed food services beginning May 1, 2023 or as directed by the Alamo Colleges District. Yes___ No____ 2. Offeror must affirm in writing and include supporting documentation with proposal submission: Offeror has owned/operated a food establishment or mobile food vending service located in Bexar County or its surrounding counties for a minimum of one-year with no claims with the Better Business Bureau. Yes___ No____ 3. Offeror must affirm in writing and include supporting documentation with proposal submission: All food services proposed by Offeror are in compliance with food safety and sanitation standards, as certified by the City of San Antonio Metropolitan Health District or jurisdiction of which the college resides. Offeror is to include a valid copy of one of the following as they apply: • Food Establishment Permit • Mobile Food Vending Permit • Food Establishment/ Operation Inspection Report CSP-2023-0025 Page | 6 GENERAL INFORMATION A. CSP Project Scope: The purpose of this CSP is to solicit proposals for the purchase of Campus Dining Services at the Alamo Colleges District campuses provided herein. Alamo Colleges District may award the contract per college or as a group of colleges to one vendor. Alamo Colleges District requires that the contractor obtain food licenses/permits for the jurisdiction of the college. While five of the college locations are in the City of San Antonio, Northeast Lakeview College is located in the City of Live Oak. B. Organizational Description (Who We Are) 1. Alamo Community College District (Alamo Colleges District or ACD) is a nationally recognized organization and the recipient of the 2018 Malcom Baldrige National Quality Award, the nation’s highest honor for performance excellence. The Aspen Institute named San Antonio College the winner of the 2021 Aspen Prize for Community College Excellence and received $600,000. Four of the five colleges in the Alamo Colleges District are named in the top 150 of the nation’s best community colleges, and Palo Alto College is among the top two in the country. The Alamo Colleges District includes Palo Alto College, Northwest Vista College, San Antonio College, St. Philip’s College, and Northeast Lakeview College, along with a number of off- campus locations throughout the San Antonio metropolitan area, serving an eight-county region, with a total enrollment of over 78,000 students. People recognize the Alamo by its distinctive architectural shape and the role it played in history. As its namesake, the Alamo Colleges District has had its own inspirational impact on society. From our origin as a community college district in 1945 through decades of change and expansion, we have worked to make higher education accessible and affordable. Today, our five colleges fulfill this mission with a vast array of certificates, courses and 2-year degrees. Our credits transfer to four-year universities for those pursuing advanced degrees, and our workforce development and continuing education programs help individuals build new careers and meet the needs of businesses. In short, we empower people and shape futures. The Alamo Colleges District is one of the largest community college systems in the United States and the fourth largest in Texas. Bexar County is the taxing district for ACD. We, however, serve a much larger region; our service area includes all of Bandera, Bexar, Comal, Kendall, Kerr and Wilson Counties, and most of Atascosa and Guadalupe Counties. San Antonio is the seventh-largest city in the nation with an estimated 1.5 million people, of which 60% are Hispanic. Of all students enrolled in post-secondary education in the city, approximately 39% are enrolled in one of our Colleges. A recent $450 million capital improvement program was approved by the voters of Bexar County to renovate aging facilities, build new facilities, buy land for future expansion, and expand our technology infrastructure. ACD serves the Bexar County community and its service area through its programs and services that help students succeed in acquiring the knowledge and skills needed in today's world. Students are taught by highly qualified faculty with Master's and Doctorate degrees who CSP-2023-0025 Page | 7 are dedicated to creating a learning-centered environment. Student services include advising, computer labs, tutoring, financial aid services, services for the disabled, advocacy centers, developmental instruction, veteran's services, and job placement assistance. ACD, a Hispanic-Serving System which includes the nation’s only college that is both a Historically Black College and a Hispanic-Serving Institution, is the nation’s third largest producer of Hispanic nurses. ACD is also one of Texas’ largest providers of online post- secondary education. A diverse international program brings Central American and other teachers to San Antonio for advanced education while affording students and faculty the opportunity to gain the skills to work in a global economy. 2. The Five Colleges of the Alamo Colleges District The five colleges that comprise ACD include: St. Philip's College (SPC), established in 1898 (includes the Martin Luther King Dr. campus and Southwest Campus on Quintana Rd.); San Antonio College (SAC), established in 1925; Palo Alto College (PAC), established in 1985; Northwest Vista College (NVC), established in 1995; and Northeast Lakeview College (NLC), established in 2007. All of the colleges are within San Antonio city limits except Northeast Lakeview College, located in Universal City, just to the northeast of San Antonio. Each College operates with significant autonomy in accordance with ACD’s unique Participatory Leadership model of collaborative leadership between the Colleges and DSO (District Support Operations). Based on that autonomy, each College is accredited independently by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) to award associate degrees and certificates. Beginning Fall 2021 the Alamo Colleges has been approved to offer the Bachelors of Science in Nursing degree. The five college campuses encompass more than 5.4 million square feet of space on 779 acres across Bexar County. Each has typical college campus facilities such as academic and classroom buildings, administrative buildings, library facilities, gymnasiums, cafeterias, science classrooms and labs, and computer labs. In addition, there are a number of specialty facilities such as performing arts centers, natatoriums, allied health, emergency medical training areas, and aviation classrooms adjacent to the runway at the historic Stinson Field. 3. District Support Operations (DSO) District Support Operations (DSO), located in a building close to the urban contemporary Pearl District, provides administrative services and support to the five colleges under Collaborative Agreements. The DSO facility encompasses 160,950 square feet of space which houses the executive offices for the Chancellor and Vice Chancellors, as well as Human Resources, Legal Services, Ethics, Communications, Internal Audit, Strategic Planning and Performance Excellence, Institutional Research and Effectiveness, Information Technology, Finance and Fiscal Services, Facilities, Student Financial Aid, Center for Student Information, Police, workforce programs, and other service units. The new DSO building has a large conference center for cross-college meetings, program collaboration, and community use. Some remaining DSO personnel are co-located with the colleges on their campuses, enabling them to be close to the students they support. CSP-2023-0025 Page | 8 4. Off-Campus Sites The Alamo Colleges District also maintains several off-campus sites in an effort to better serve the residents of Bexar County and those located within the surrounding service area. • Workforce Center of Excellence • St. Philip's College Military Base Locations • Palo Alto College Off-Campus Locations • Northwest Vista College Southwest Research Institute Center • Central Texas Technology Center, New Braunfels, TX • First Responders Academy (FRA), Von Ormy, TX • Greater Kerrville - Alamo Colleges Center • Westside Workforce Education and Training Center • Eastside Education and Training Center • Harlandale Education and Training Center • Brackenridge Education and Training Center • Southside Education & Training Center (under development) • Northwest Education & Training Center (under development) Our Colleges are open-door institutions whose students come to college with various goals and at various levels of preparedness. Consequently, we serve students and the community with transfer courses, academic and technical degrees, and workforce development and continuing education options, offering more than 325 degree and certificate programs. Our educational program and service offerings are designed to meet the educational goals and service needs of our students. We deliver these services through semester, flex, weekend, evening and online courses. 5. Awards and recognitions • San Antonio College, Northwest Vista College, Palo Alto College, and St. Philip’s College ranked in “The Top 100 Associate Degrees Conferred” by Diverse Issues of Higher Education. • The Aspen Institute named San Antonio College the top college in the nation for Community College Excellence. • St. Philip’s College received the Texas Award-Next for Performance Excellence from the Quality Texas Foundation. • Northeast Lakeview College has received Progress Level Recognition from the Quality Texas Foundation. • 2020 Ellucian Impact Award recipient, which honors higher education institutions that best harness the power of technology to solve challenges, operate more efficiently and enhance the student experience. • Honored as the only community college system in the nation to earn the Malcolm Baldrige National Quality Award (2018). • One of only four Texas community college institutions to be selected as a finalist for Excelencia in Education’s inaugural Seal of Excelencia (May 2019) • The Aspen Institute College Excellence Program named San Antonio College, Palo Alto College Northwest Vista College, and St. Philip’s Colleges, to the list of 150 community colleges eligible to compete for the $1 million Aspen Prize for Community College Excellence, the nation’s signature recognition of high achievement and performance among America's community colleges (November 2019) • Palo Alto College was a finalist for the 2019 Aspen Prize and was recognized for its strong record of improvement with the Rising Star award, receiving $100,000. • St. Philip’s College named #9 of the 2019 Best Online Community Colleges in Texas. CSP-2023-0025 Page | 9 • Northeast Lakeview College ranked #12 of the 50 Best Community Colleges in the nation by Learn.org (March 2019). • San Antonio College ranked one of the top community colleges for Hispanics, by Hispanic Outlook magazine (September 2019) for the third consecutive year. 6. Workforce Profile of Alamo Colleges District Our workforce includes faculty, administrators, staff, and work study (student employees). The District’s diverse workforce continues to be representative of both our student population and the demographics of Bexar County. Teaching faculty are required to meet the certification requirements associated with accreditation set by the SACSCOC. Some positions in the administrative segment require professional or doctoral degrees, while others require bachelor’s or master’s degrees, and positions in the staff segment require at least a high school level of education. While no bargaining units exist, the Faculty Senate and Staff Senate at each of the Colleges are engaged in Participatory Leadership for local initiatives. These groups are also part of a larger, Unified ACD Faculty Senate and Staff Senate, which addresses alignment issues as needed in the District. This is another example of our Participatory Leadership approach. Special health and safety related requirements exist in the following areas: recognized hazardous work environments such as welding, electrical, chemical, and ergonomics; compliance with Texas Commission on Law Enforcement Standards for police officers; and driving safety for vehicle operators. 7. Organizational Structure/Organizational Governance of ACD The Chancellor is the Chief Executive Officer (CEO) and reports to a 9-member Board of Trustees (Board) and one non-voting Student Trustee; the members represent nine different districts in the San Antonio area and are elected by community members to serve for a term of six years. The Student Trustee is selected by the Board from the student associations of the five Colleges and serves a one-year term. The Board acts as a Committee of the Whole and is comprised of eight committees: Student Success; Building, Grounds, and Sites Selection; Policy and Long-Range Planning; Audit, Budget and Finance; Workforce; Legislative; Community Involvement; and Legal Affairs. Committees provide oversight of operations in their areas of responsibility and issue guidance and direction in the form of Board Policies. By state statute, the Board is the governing body that sets policy, appoints the Chancellor, levies property taxes, and approves the budget. The Board is the final authority on all matters of governance for the organization. College Presidents report to the Chancellor, serve as CEOs of their college; and sit on the Strategic Leadership Team (SLT), the senior decision-making body within the organization. C. Definition of Terms: 1. “Alamo Colleges District,” “ A C D ” , “District” or “ACCD” refers to the Alamo Community College District. 2. “Offeror,” “Proposers,” “Respondent,” or “Company” refers to a company which chooses to submit a Proposal to provide products and/or services for the District as specified in this CSP. 3. “Contractor” refers to the company awarded the contract to provide products and/or services for the Alamo Colleges District as specified in this CSP. 4. “Proposal” refers to the offer, from Offeror to the Alamo Colleges District, to provide the products and/or services as specified in the Agreement. 5. “ACD Holidays” refers to ACD offices are officially closed. ACD Holidays generally include Labor Day, Thanksgiving, Winter Break, MLK Day, Spring Break, and Memorial Day, in addition to other designated holidays identified as “College Closed” in the Academic Calendar published online at https://www.alamo.edu/academics/academic-resources/academic-calendar/ for each academic year. 6. “Board of Trustees” refers to the governing body of ACD. https://www.alamo.edu/academics/academic-resources/academic-calendar/ CSP-2023-0025 Page | 10 SECTION 1 SCOPE OF WORK A. Scope of Work: The purpose of this CSP is to solicit proposals for the purchase of Campus Dining Services at the Alamo Colleges District campuses provided herein. Alamo Colleges District may award the contract per college or as a group of colleges to one vendor. Alamo Colleges District requires that the contractor obtain food licenses/permits for the jurisdiction of the college. While five of the college locations are in the City of San Antonio, Northeast Lakeview College is located in the City of Live Oak. The scope of work provides the awarded Offeror(s) will have the non-exclusive right to provide Campus Dining Services for the Alamo Colleges District as needed on an indefinite-delivery, indefinite-quantity basis (IDIQ). These services are in addition to the existing vending machine and catering contract providers. A contract awarded from this solicitation will enable the contractor to provide catering services and food truck services, as well. Award may be made by college. The Alamo Colleges District reserves the right to make multiple awards as a result of this CSP. Offerors should indicate in their proposals a preference by college location for which they wish to be considered, and offer pricing on a per-site basis. Response should illustrate a ranking order of preference by campus, and should indicate if a certain campus is not desired. However, expression of preference for a campus/location does not guarantee award of a contract for that campus/location. There is NO guarantee of any work associated with this solicitation. B. Statement of Work: 1. Non-exclusivity & Locations The awarded Offeror(s) will have the non-exclusive right to provide Campus Dining Services at one or more of the following locations. (Please complete the “Intent to Bid Table” in Section 3, “Proposal Pricing and Intent to Bid Schedule”.) a. St. Philip’s College (SPC), 1801 Martin Luther King Dr., San Antonio, TX 78203 • Cyber Café in Turbon Student Center (TSC) St. Philip’s College-Southwest Campus (SWC), 800 Quintana Rd, San Antonio, TX 78211 • Cyber Café in Industrial Technology Center (ITC) Building 1 b. San Antonio College (SAC), 1300 San Pedro Ave, San Antonio, TX 78212 • Cafeteria in Loftin Student Center (LSC) • Cyber Café in Moody Learning Center (MLC) • Kiosk in Oppenheimer Academic Center (OC) c. Palo Alto College (PAC), 1400 Villaret Blvd, San Antonio, TX 78224 • Cafeteria in Student Center (SC) • Cyber Café in Ozuna Learning & Academic Center (OZU) d. Northwest Vista College (NVC), 3535 N Ellison Dr., San Antonio, TX 78251 • Cafeteria in Cypress Campus Center (CCC) (Building will be unavailable for food service for approximately the next 18 months.) • Cyber Café in Redbud Learning Center (RLC) • Food truck locations: o Desert Willow Welcome Center (DWWC) o Cedar Elm STEM Center (CESC) CSP-2023-0025 Page | 11 (Non-exclusivity & Locations Continued) e. Northeast Lakeview College (NLC), 1201 Kitty Hawk Rd, Universal City, TX 78148 • Cafeteria in Student Commons Building (STCM) • Cyber Café in Library (NLIB) • Paluxy Hall (STEM Building) Student enrollment by college and demographics: College Enrollment St. Philip’s College (SPC) 7,241 St. Philip’s College-Southwest Campus (SWC) 1,400 San Antonio College (SAC) 11,529 Palo Alto College (PAC) 6,982 Northwest Vista College (NVC) 12,985 Northeast Lakeview College (NLC) 5,509 The Alamo Colleges District gross sales are provided in the Sales Table below (due to COVID related closures campus dining services were impacted in 2020, and are not included for 2021 and 2022). Sales Table Type/Location Gross Sales Concept Building 2017 2018 2019 2020 NLC Cafeteria STCM $197,732.61 $182,591.99 $208,730.64 $152,864.37 NLC Cyber Café NLIB $66,063.99 $88,598.87 $94,535.77 $69,689.59 NVC Cafeteria CCC $410,012.41 $359,922.87 $382,371.65 $243,627.41 NVC Cyber Café RLC $202,838.06 $187,702.05 $175,952.08 $130,489.78 PAC Cafeteria SC $222,168.10 $238,423.45 $187,117.58 $165,862.09 PAC Cyber Café OZU $144,792.63 $161,132.47 $167,097.80 $105,490.09 SAC Cafeteria LSC $501,129.73 $512,709.46 $513,008.98 $364,105.20 SAC Cyber Café MLC $212,028.73 $185,265.78 $177,192.82 $119,728.59 SAC Kiosk OC $34,433.74 $31,094.21 $33,657.96 $18,882.88 SPC Cafeteria CC $200,773.66 $170,938.61 $148,921.18 $166,699.55 SPC Cyber Café TSC Not Available $106,216.52 $116,860.63 Not Available SWC Cyber Café ITC $32,958.39 Not Available Not Available Not Available In order to lower menu pricing and deliver affordable options to our students, the ACD will not charge rent for use of the facilities and will not charge commissions from sales at any location services are provided. 2. The following services are not included in this CSP: a. Campus Bookstores are permitted to sell drinks, candy, gum, mints and snack foods. b. Vending and Snack Machines are awarded under a separate contract. 3. Hours of Operation a. Provide campus dining services during peak hours throughout the academic calendar year (12 months) – Monday through Friday; 7:00 a.m. to 7:00 p.m. CST, except for designated Alamo Colleges District holidays and closures. CSP-2023-0025 Page | 12 b. Operate on days consistent with the activities of the Alamo Colleges District. In conjunction with the Alamo Colleges District, Offeror will establish the hours for providing services and may make such adjustments as may be necessary from time to time in order to accommodate the needs of the Alamo Colleges District and Offeror, consistent with good business practices. Offeror agrees to confer with the Alamo Colleges District by jointly establishing operating hours and will agree on the service hours at least two weeks in advance of any reduced or suspended service. c. Possess the ability to provide additional/extended hours for evening or weekend service upon request of the Alamo Colleges District. 4. Menu a. Provide a variety of menu options from one or more of the following menu categories: 1) Beverages 2) Appetizers/Pastries 3) Breakfast 4) Lunch 5) Dinner 6) Dessert 7) Healthy Options 8) Customizable (i.e. vegetarian, vegan, gluten-free, non-dairy, whole grains, low sodium, allergen-free, etc.) b. Establish a menu for providing services and may make such adjustments as may be necessary from time to time in order to accommodate the needs of the Alamo Colleges District and Offeror, consistent with good business practices. Offeror will confer with the Alamo Colleges District by jointly establishing a menu at least two weeks in advance of implementation and modification in menu options and price. c. Include nutritional content. d. Provide menu pricing in your proposal 1) Include breakfast items priced at $5.00 or less. 2) Include lunch and dinner items priced at $10.00 or less. 3) Include condiments, service ware and utensils at no additional charge. 5. Food Service(s) Provide one or more of the following food service methods for the college you are proposing: a. Cafeteria-style food service to include hot-and-ready, grab-and-go type foods. b. National or local franchise chain-type services. c. Cyber Café, coffeehouse or café-style food service with the ability to provide Starbucks, Boston Coffee type-branded food and beverage products. d. Mobile food vending service (i.e. food truck, kiosk or other). CSP-2023-0025 Page | 13 6. Veterans Affairs The awarded Contractor agrees to the following: a. Provide meals to those veterans for whom Alamo Colleges District has submitted in the Meal Provider Service Authorization Form, are enrolled at Alamo College District and attending classes during the approved academic calendar (term/semester) at the St. Philips College, San Antonio College, Palo Alto College, Northwest Vista College and Northeast Lakeview College campuses. The process for providing meal needs to be identified; once eligibity is established and Contractor must implement delivery method- i.e. meal card, student ID, etc. Contractor must develop reporting methods of meals served per District Support Operations and College locations. b. Serve breakfast, lunch and/or dinner meals to veterans who need this assistance. c. Should the veteran become eligible to receive meals through another funding source at their annual re-assessment such as Medicaid, Area Agency on Aging, VA or a grant through the Texas Veterans Commission, the Contractor will discontinue providing these services to that veteran. d. Refer veterans under 60 years old in need of meal assistance to the Alamo Colleges District to assess their needs. e. Alamo Colleges District will utilize their intake form to obtain pertinent information from the veteran including emergency contact information. f. The Contractor is to follow their own procedures in case of an actual emergency regarding any veteran in the program. g. When requested, the Contractor will assist the Alamo Colleges District in procuring copies of qualifying veterans' accepted eligibility documents and signed application for services. h. Accepted documents: 1) DD-214 showing at least 180 days of active service 2) NGB-22, National Guard Report of Separation and Record of Service 3) NA For 13038, Certification of Military Service 4) Department of Veterans Affairs (VA) official letter or disability letter showing at least 180 days of active service 5) E-Benefits summary letter 7. Food Safety & Customer Service a. Demonstrate professionalism and safety in food and staff presentation for all food services, rendered to the Alamo Colleges District. 1) All food service employees must wear uniform clothing and highly visible name tags while on duty at the Alamo Colleges’ facility. 2) Report to work on time and in appropriate mental and physical condition for work. Contractor must provide a drug-free, alcohol-free and smoke-free, healthful, safe and secure work environment. CSP-2023-0025 Page | 14 b. Designate an on-site representative to serve as the point of contact for the supervision of dining services during the designated hours of operation. c. Designate an on-site representative to address issues, discrepancies, complaints and changes in reference to food service operations, mutually agreed upon by Contractor and the Alamo Colleges District. 1) The Alamo Colleges District will have no direct supervision of employees of the Contractor. Any communication of employee concerns will be through the designated representatives of the Contractor. 2) Resolve issues, discrepancies, complaints and changes within two weeks or less. d. Cleaning of the areas and equipment designated for food preparation, service and storage rests with the Contractor to include: the daily maintenance of counters, surfaces, dining tables and food trays, removal of all wet and dry trash to the designated Alamo Colleges disposal locations. Recycle containers, which are provided to the Contractor in designated dining areas, are to be emptied by the Contractor. The Contractor is responsible for the replacement of the liners. Bussing of tables, counters and other services areas before, during and after food service operations is the sole responsibility of the Contractor. Cleaning of these areas must meet usage and adjusted accordingly to meet demand. e. Provide an “Evaluation of Service” questionnaire for the Alamo Colleges District to issue to food service users twice a year to evaluate the effect performance of the contract. f. Provide a means for obtaining customer service feedback in reference to services rendered. g. Hold meetings or forums at least once a year to provide students of the Alamo to provide students of the Alamo Colleges District with a reasonable opportunity to discuss the performance of the food service provider. 8. Accounts & Records Provide monthly and annual reporting of gross sales by location. The annual report of operations is to be provided within twenty (20) calendar days after the close of the calendar year. 9. Relationship of Parties: a. Notwithstanding any other provision hereof, the relationship of the Contractor to the Alamo Colleges will be that of an independent contractor. b. The Alamo Colleges District reserves the right to control the usage of the dining areas and the standards therein, only for the purpose of ensuring the quality of service, but will not direct the manner in which the contract is performed other than as herein provided, so long as the same is done in a clean, neat and businesslike manner. c. Contractor will be expected to work amicably with faculty groups and organizations, students and student service organizations. The Contractor will, through its representatives, agents and employees at the college(s), demonstrate its best effort to CSP-2023-0025 Page | 15 integrate its performance of the contract with the overall patterns of the college community. d. Contractor must operate on Contractor’s own credit and furnish at Contractor’s own expense all food, beverages, non-food supplies, equipment and cooking oil storage and disposal services necessary for the performance of the contract. Under no circumstances, may any such shipments be made or invoiced to the Alamo Colleges District. 10. Reservations and Limitations: a. The Alamo Colleges District reserves the right to periodically use the designated Alamo Colleges District cafeterias, cyber cafes and food service facilities for purposes other than Campus Dining Services. The Alamo Colleges District and its sponsored programs reserves the right to engage other food service providers outside of this contract. In such event, the Alamo Colleges will give notice to the Contractor and will perform appropriate set-up and clean-up operations at no expense to the Contractor. b. No alcoholic beverages, vending machines or tobacco products may be kept, sold, served or caused to be served on the Alamo Colleges District campuses by the Food Service Contractor. The facilities of the Alamo Colleges District will only be used to provide dining services for the Alamo College locations. c. The Alamo Colleges District faculty, staff and patrons will be allowed to use the designated campus dining areas without the requirement to purchase food services from the Contractor. 11. Alamo Colleges District Responsibilities: a. Facilities 1) No storage/warehouse space, other than within the existing facilities is available. 2) Contractor agrees to accept the designated campus cafeterias, cyber cafes and food service facilities in its present condition and agrees to take good care of building space and to surrender the same to the Alamo Colleges District upon the termination of this contract in as good condition as the same was in when received by Contractor, or put in during the life of the contract, reasonable wear and tear and acts of God alone excepted. Any renovation, enhancement, or upgrade to the existing facilities will be made at the Contractor's expense after commencement of operation. No alterations will be made to the premises nor will additional partitions or fixtures be installed in said premises without the written consent of Alamo Colleges. All requests shall be submitted to the Alamo Colleges and approved alterations will be at the expense of the Contractor. b. Alamo Colleges Real Property 1) A retail ready shell space will be provided, with utilities included. The Contractor will be encouraged to make suggestions for interior design changes for any and each area affected. All renovations and refurbishing proposed will be at the expense of the Contractor. Plans and specifications must be approved by the Alamo Colleges District, prior to initiating any work. Suggestions should include brief illustrations, descriptions of renovation, breakdown of estimated cost for each item by area, and suggested schedule of when work should be started and completed. All renovations and refurbishing will be properly bonded at the expense of the Contractor. The CSP-2023-0025 Page | 16 Contractor shall at all times keep the Alamo Colleges District free and clear from all claims, liens and encumbrances arising from the making of repairs, alterations or additional improvements of the premises by Contractor pursuant to the terms of this proposal. 2) Contractor must bear all costs associated with design, development, and printing of promotional brochures, banners, décor, holiday and event decoration and web- related marketing information. 3) Contractor will not place any permanent signs at, on, or about the premises, except as and where first approved by the Alamo Colleges District. Contractor will provide menu boards in conspicuous locations (observable by facility patrons approaching the service area), approved by the Alamo Colleges District. Boards must list general items of food and prices. A complete list of all items sold with prices should be prominently displayed. No other signs or advertisements may be posted by the Contractor on Alamo Colleges’ property without the prior approval of the Alamo Colleges. The Alamo Colleges District will have the right to remove any unapproved sign or signs or in order to paint the building or make any other repairs or alterations approved signs may be temporarily removed. 4) Contractor shall agree that at the end of the contract, any improvements made by the Contractor at any time during the term of the contract shall become the property of the Alamo Colleges District. 5) Contractor is responsible for reporting any damages to Alamo Colleges’ property within 24 hours to the designated Alamo Colleges’ representative. The Contractor will be responsible for the repair or replacement cost of any damages to Alamo Colleges District real property caused by the use, misuse, or negligence on the part of Contractor's employees or customers. 6) Work Order Submittals - Vendor will be required to use Alamo Colleges District online portal to submit Work Orders for all facilities related items including but not limited to repairs of electrical, plumbing, data, HVAC, painting, carpentry, housekeeping, pest control/treatments, etc. The Alamo Colleges District will provide the Maximo license(s) at no cost to the vendor and will train the vendor in the process to submit and monitor work orders. 7) Repair or replacement of damaged or destroyed real property may be accomplished by the Contractor only upon approval by the Alamo Colleges District. c. Equipment and Maintenance: 1) No furniture or equipment for use in the operation of service delivery will be provided by Alamo Colleges District. Contractor will be responsible for providing all necessary equipment and furniture at its own expense provided that the use and location of any such furniture and equipment is approved by the Alamo Colleges District. Alamo Colleges may have College F&E in place at the start of the contract, which are available for purchase. Contractor agrees to maintain and/or replace Contractor- provided furniture and equipment. Alamo Colleges may have College Fixtures in place at the start of the contract. Ownership of all such fixtures will remain in the name of Alamo Colleges. No College Fixtures will be repaired or removed without prior written approval of Alamo Colleges. CSP-2023-0025 Page | 17 Note: “College F&E" shall mean all furniture and equipment owned by Alamo Colleges provided by Alamo Colleges for Contractor's use in connection with the Services as defined hereunder. "College Fixtures" shall mean the Premises walk-in freezers and any other fixtures permanently attached or affixed to the Premises, the ownership of which shall be retained by Alamo Colleges. 2) The Alamo College District will provide and maintain an appropriate, safe and habitable location, in accordance with all applicable laws and regulations, in retail- ready condition shell space only, for the ongoing operations. Except for the improvements provided by Contractor, the Alamo Colleges District shall be responsible for furnishing appropriate plumbing, power and heating, ventilation and air conditioning (HVAC) to the premises. The Alamo Colleges District shall also keep the building in which the campus cafeteria and cyber cafe are located in compliance with all fire, building and electrical codes and regulations, including regulations governing fire alarms, smoke detectors, fire extinguishers, fire suppression and sprinkler systems, water pressure, plumbing and electrical service. The Alamo College District maintains building systems in the facilities. The Alamo Colleges District shall be responsible for the building to meet applicable building codes and regulations. 3) Internet Service (i.e. Local Area Network, Wi-Fi, or other) will not be provided by Alamo Colleges District to Contractor(s) for Point of Sale, Computer Network, Communication, or other in operations for delivery of services. The contractor’s solution should provide its own Internet communication capability complete separate from the Alamo Colleges Network. 4) Payment Card Industry Data Security Standards (PCI-DSS) Compliance: Should any goods or services provided under this contract fall under the requirements of the PCI-DSS, the Contractor represents and warrants that for the term of the contract, the software, hardware and/or services used for processing payment card transactions shall be compliant with standards established by the PCI Security Standards Council (https://www.pcisecuritystandards.org/index.shtml). 5) The Alamo College District provides standard stand-alone trash and recycle containers in designated dining areas only. 6) The Alamo College District provides pest control service. Food service and kitchen areas are also included. Facilities personnel and pest control contractor must have access at all times. 7) The Alamo College District provides cleaning and maintenance of hard and carpeted flooring in designated campus dining areas, as determined by Alamo Colleges District Facilities Operation & Construction Management. 12. Access & Security by the Alamo Colleges District: a. The Alamo Colleges District will have complete access to the food service areas at all times in order to evaluate the Contractor’s performance regarding any of the terms of the contract. https://www.pcisecuritystandards.org/index.shtml CSP-2023-0025 Page | 18 b. All entrances to each food service area will be re-keyed by the Alamo Colleges District so that the Contractor has access. c. Contractor is responsible for training its employees in the security requirements of Alamo Colleges District policies, and is responsible for enforcing the applicable policies. d. Contractor is responsible for compliance with the Alamo Colleges District: G.1.4.5 Rules Limiting Licensed Concealed Carry of Handgun (Procedure). e. The Alamo Colleges District will provide parking at no charge to awarded contractor employees. View the latest information about Alamo Colleges District’s COVID-19 response at https://www.alamo.edu/better-safer-alamotogether/. https://www.alamo.edu/siteassets/district/about-us/leadership/board-of-trustees/policies-pdfs/section-g/g.1.4.5-procedure.pdf https://www.alamo.edu/better-safer-alamotogether/ CSP-2023-0025 Page | 19 SECTION 2 TERMS AND CONDITIONS OF THE CSP AND SUBMISSION OF PROPOSAL A. Terms and Conditions of the CSP: 1. Award of Contract Award will be made to the Offeror which provides the best value to the Alamo Colleges District on the basis of the published evaluation criteria, and not solely based on the purchase price. Alamo Colleges District reserves the right to accept or reject any and/or all Proposals, and to waive any and/or all formalities and irregularities in the Proposals received and re-solicit, as deemed necessary. The selection and award may be made on the basis of the Proposals initially submitted, without discussion, clarification or modification. Respondent(s) who submit a Proposal may be required to make an oral presentation(s) of their Proposal to Alamo Colleges District. 2. Evaluation Criteria Only those proposals meeting the minimum qualifications will be evaluated. Responses to the following items will be evaluated in accordance with the criteria in the Evaluation Table. a. The proposal must contain the response to the requested information, which will serve as the basis for the evaluation. Please be complete and concise in all responses to all required items. Respond to each item separately beginning each response with the question asked. 1) Alamo Colleges District will consider the following criteria in evaluation of the proposals: Evaluation Table Criteria CSP Reference Weighting Maximum Points Purchase Price - Competitive & Affordable Menu Price - Student Scholarship Contribution Section 3 30 Quality of Vendor’s Goods and Services: - Awards or Recognition Received - Profile outlining the history, philosophy, and target market of the firm - List of policies and procedures followed to maintain service excellence - List of policies and procedures followed to clean the areas and equipment designated for food preparation and service to highest level of food safety & cleanliness - Efforts the firm makes to keep staff informed of changes in the industry - Organizational chart - References - Litigation against firm Section 2 A 2. b. 2) a) – h) 30 (Continued next page) CSP-2023-0025 Page | 20 Criteria CSP Reference Weighting Maximum Points Extent to Which the Goods or Services Meet the District’s Needs: - Hours of operation - Menu options - Starbucks affiliated products - Nutrition content availability - Food service methods - Problem resolution response time - Customer feedback methodology - Financial reporting - Proposed renovations Section 2 A 2. b. 3) a) – k) 40 Total: 100 2) Alamo Colleges District shall evaluate the information provided in the proposals received. Information and/or factors gathered during interviews, and any reference checks, will be utilized in the evaluation criteria, rankings, and award decision. References may or may not be reviewed at the discretion of the Alamo Colleges District. Alamo Colleges District also reserves the right to contact references other than or in additional to those furnished by a respondent. 3) Alamo Colleges District may use various price analysis techniques and procedures to evaluate price. Normally, reasonableness of price is established through adequate price competition, but may also be separately assessed through the price analysis techniques. Award will be made on a best value basis. Alamo Colleges reserves the right to make multiple awards as a result of this solicitation. b. In response to this CSP, please provide information regarding the following matters: 1) Purchase Price: In reference to Section 3 of the CSP, the Offeror must provide: a) Proposed menu pricing. b) Student Scholarship Contribution. 2) Quality of Vendor’s Goods and Services: a) List any awards or recognition your firm has received within the past five years. b) Provide a brief profile outlining your firm’s history, philosophy, and target market. c) List policies and procedures your firm follows to maintain service excellence to include company dress code, security requirements and assurance of a drug-free, alcohol-free and smoke-free and safe work environment. d) List of policies and procedures followed to clean the areas and equipment designated for food preparation and service to highest level of food safety & cleanliness. CSP-2023-0025 Page | 21 e) Provide efforts the firm makes to keep its staff informed of updates and developments relevant to the industry. f) Provide an organizational chart, which includes key personnel and indicate the level of professional and service staff assigned to deliver services to Alamo Colleges District. i. Include the name and contact information of the on-site representative designated to serve as the point of contact for supervision of the campus cafeteria, cyber café and/or food service facility. ii. Include the name and contact information of the on-site representative designated to serve as the point of contact to address issues, discrepancies, complaints and changes in reference to food service operations, mutually agreed upon by Contractor and the Alamo Colleges District. g) Offeror must provide a list of names, address, contact person and phone numbers of at a minimum of three (3) but not more than five (5) client references for which equipment and services of a comparable nature, scope and complexity have been provided by your firm. References must be for services performed in the name of the company submitting the Proposal; work performed by employees, subcontractors or representatives while engaged by another company does not qualify as an acceptable reference. Projects for client references should have occurred within the last five (5) years. References should include independent school districts (ISDs), consolidated school districts (CISDs), higher education institutions and other political subdivisions. h) List any litigation against your firm which has been adjudicated within the past five years. Provide a brief description of the cause of action and the final outcome. 3) Extent to Which the Goods or Services Meet the District’s Needs: a) Provide your firm’s hours of operation. Contractor is not to operate when the Alamo Colleges District is closed for the following: Winter Break – December 20, 2022 to January 2, 2023; Martin Luther King Jr. Day – January 16, 2023; Spring Break – March 13 to March 19, 2023; Easter Holiday – April 7 to April 9, 2023; Fiesta Holiday – April 28, 2023. Please note that the actual dates will change after 2023. Please also provide a listing of your firm’s holiday closures, if applicable. b) Provide a copy of your firm’s menu. c) Provide menu options from one or more of the following menu categories. • Beverages • Appetizers/Pastries • Breakfast • Lunch • Dinner • Dessert • Customizable (i.e. vegan, gluten-free, non-dairy, etc.) d) Provide Starbucks-branded/affiliated food and beverage products and services. CSP-2023-0025 Page | 22 e) Provide your menu with a listing of nutritional content. f) Provide one or more of the following food service methods (if other, please explain): • Cafeteria-style food service • Coffeehouse or café-style food service • Mobile food vending service (i.e. food truck, kiosk, or other, etc.) g) Provide your response time for addressing and resolving issues, discrepancies, complaints and modifications in reference to food services. h) Provide your system in place for obtaining customer feedback. i) Provide a sample questionnaire utilized for customer feedback. j) Provide ability to deliver monthly and annual reporting of gross sales. k) Provide a response to any renovations, design development or improvements for the designated cafeteria, cyber café and/ or food service facility. 3. Acknowledgment of Addenda. Any clarifications or interpretations will be issued in written addendum form, and such addenda will be included as part of the Proposal Documents. Offeror shall acknowledge receipt of addenda in the spaces provided in the Proposal form. Only written interpretations or corrections officially issued by an addendum shall be binding. 4. Release of Information. The Alamo Colleges District is a governmental entity in the State of Texas. Documents submitted pursuant to this procurement solicitation become a government record. Access by the public to government records is governed by the Texas Public Information Act ("PIA"). Proprietary information, such as trade secrets and confidential commercial and financial information submitted in response to this procurement solicitation which Bidder (or any Offeror responding to this procurement solicitation) believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating a whole document or pages or sections as containing proprietary information, trade secrets or confidential commercial and financial information will not ensure confidentiality, especially if information is contained in the designated areas that clearly is not of a confidential nature. In the event a request is made for information designated as proprietary, Alamo Colleges District may determine in its sole discretion whether sufficient legal justification exists for withholding the information and whether an opinion should be requested from the Texas Attorney General. If an opinion is requested from the Texas Attorney General, Alamo Colleges District will notify Offeror (or the particular Offeror affected) and Offeror has the responsibility, in accordance with PIA, to assert any arguments it may have in opposition to release of the information. In the event Offeror requests judicial intervention, the party so requesting shall indemnify Alamo Colleges District for its costs (including attorney's fees) associated with the judicial action. Under no circumstances will Alamo Colleges District be liable for any costs, damages, or claims of any nature, related to release or disclosure of any information contained in documents submitted pursuant to this procurement solicitation. 5. Insurance. The insurance requirement is enumerated in Section 8. 6. Errors/omissions made in the proposal responses will be interpreted in favor of the Alamo Colleges District. In the event of mathematical error(s), the unit cost shall prevail and the Offeror(s) total offer may be corrected accordingly. CSP-2023-0025 Page | 23 7. Written questions must be received at least seven (7) calendar days prior to deadline for proposals. Alamo Colleges District is not responsible for misdirected or undelivered submissions. 8. Offerors certify as a condition of award that they have not engaged in collusion with any firm or person in relation to the preparation, submittal or award of this proposal. Additionally, it is understood that a firm's or individual's giving practices will be of no advantage in consideration of the award of this proposal. 9. The Offeror affirms that he/she has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, contribution, future employment, gift, loan, gratuity, special discount, trip, favor, free meal or service to a public servant or elected official in connection with this proposal. 10. Proposals must be valid for one hundred twenty (120) days after closing date for evaluation purposes. 11. Offeror must state on the proposal form whether they owe State of Texas margin taxes (formerly franchise tax). 12. The Alamo Colleges District qualifies for exemption of the Texas Limited Sales, Excise and Use Tax; sales tax will not be charged on these purchases. A tax-exemption certificate will be provided to the awarded firm. 13. Alamo Colleges District will not reimburse Offerors responding to this CSP for any expenses incurred in preparing or presenting proposals. Alamo Colleges District reserves the right to retain all proposals and to use any ideas submitted in a proposal regardless of whether the proposal is selected. 14. Offerors shall indicate any exceptions to any paragraph; otherwise acceptance of all conditions contained in the CSP is assumed. Exceptions stated by the Offeror to any of the paragraphs herein may be cause for rejection of the proposal, other than variances deemed minor by Alamo Colleges District. The Offeror must certify whether all specifications have been met and state any exceptions on a separate sheet. 15. Notification of Criminal History of Contractor. A person or business entity that enters into a contract with Alamo Colleges District must give advance notice to the Alamo Colleges District if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Alamo Colleges District may terminate a contract with a person or business entity if the Alamo Colleges District determines that the person or business entity failed to give notice as required by the previous paragraph or misrepresented the conduct resulting in the conviction. The Alamo Colleges District must compensate the person or business entity for services performed before the termination of the contract. The criminal history notification requirement does not apply to a public held corporation. 16. Family Code. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in the contract, proposal or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. 17. Texas Resident Information. Under Chapter 2252, Subchapter A, of the Texas Government code establishes certain requirements applicable to proposers who are not Texas residents. CSP-2023-0025 Page | 24 Under the statute, a “resident” Offeror is one whose principal place of business is in Texas, including one whose ultimate parent company or majority owner has its principal place of business in Texas. Section 44.031 (b) of the Texas Education Code establishes certain criteria that a community college in the State of Texas must consider when determining to whom to award an Agreement. Among the criteria for certain Agreements is whether the vendor or the vendor’s ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. 18. Disclosure of Interest. All Offerors must disclose the name(s) of any of its employees, officers, directors, subcontractors, or agents who may also be a member of the Board of Trustees, or an employee or agent of the District. Further, all Offerors must disclose the name of any District employee, or Board of Trustees member, who has directly or indirectly, any financial interests in Offerors firm or any of its branches, submit this information on an attachment to the proposal which is to be titled “Disclosure of Interest” and included the person’s name, position, and the extent of financial or other interest the person(s) has in Offeror’s business affairs. 19. District policy C.1.5.1 states that from the date the project is approved for publication until a contract is executed, no College District Board member or employee other than authorized Purchasing and Contract Administration Department personnel shall communicate with potential contractors, consultants, or other vendors (referred to collectively as potential proposers) who are interested in, or in the view of a reasonable person situated similarly to the potential proposer, might reasonably become interest in, any competitive procurement opportunity, other than for a legitimate purpose unrelated to the pending procurement. If, from the date the project is approved for publication until a contract is executed, a potential proposer contacts any Board member or College District employee other than authorized Purchasing and Contract Administration Department personnel, the Board member or College District employee shall inform the potential proposer that such communication is prohibited by policy, direct them to Purchasing and Contract Administration, and immediately report the contact to the designated representative in Purchasing and Contract Administration. Offerors who violate this policy may be subject to a range of sanctions including disqualification from competition for the procurement opportunity and/or other future procurement opportunities after Board of Trustees review. Employees who violate this policy may be subject to disciplinary action, including termination after review by the Chancellor. 20. The Alamo Colleges District make environmental considerations with performance, availability, and costs of buying environmentally preferable goods and services. All products and services must meet or exceed the standards set by independent accredited organization in order to be deemed environmentally preferable. 21. When the scope of work on project is estimated to be greater than or equal to $1,000,000 in value: Student Internship Program - The Alamo Colleges District are engaged in a three-way partnership between employers, the community and educators to implement the Alamo Compact for Economic Performance (A-CEP). Each offeror shall provide a discussion in their proposal response which demonstrates their ability and commitment to develop and provide paid student internship opportunities in related fields of study, if any. Provide at least three (3) examples of past successful participation in programs of this type. Additional information and requirements concerning the A-CEP Internship Program is shown in Attachment “C” to the specifications. When the scope of work on project is estimated to be less than $1,000,000 in value: CSP-2023-0025 Page | 25 Student Internship Program - The Alamo Colleges District are engaged in a three-way partnership between employers, the community and educators to implement the Alamo Compact for Economic Performance A-CEP). Bidders/Offerors are encouraged to participate in this program, which offers real life learning experiences for students in a workplace setting. 22. Continuous Improvements. Offeror is to propose a plan for improving service delivery during the contract period. The Services provided under this Agreement shall enhance the quality of life on the campus. The contractor shall perform in such a way as to contribute to the prestige of the Alamo Colleges District by providing a solid business operation. Service delivery must gradually evolve (and not remain static) in order to continue to be successful. As a result, receptivity to new ideas should be demonstrated by the contractor’s staff and proposed to Alamo Colleges District. Contractor shall be alert to changing service trends, new market forms, and changing patterns that evolve throughout the service industry. With input from the Alamo Colleges District, methods of service delivery in all operations should be continually reviewed to increase usage, improve service, and maximize value to the Alamo Colleges District. The Contractor will be required to propose suggestions for improving service delivery. Proposed suggestions should include brief illustrations, descriptions, breakdown of estimated cost, and suggested schedule of when work should be started and completed. 23. In accordance with HB 1295, Texas Government code 2252.908, the awarded contractor will be required to submit an electronic Disclosure of Interested Parties to Alamo Colleges District for any contract over $1,000,000 or any contract that requires a vote by the Alamo Colleges District Board of Trustee, at the time of contract execution. The 1295 Certificate of Interested Parties Electronic Filing application website is https://www.ethics.state.tx.us/filinginfo/1295/ 24. Mission, Vision, and Values: We believe that economically, it makes good business sense and contributes to student success to be engaged in partnership between contractors, employees, educators, and the community to implement the Alamo Colleges District Mission, Vision, and Values. The Alamo Colleges District promotes collaboration by achieving consensus on the measures of student success and by stressing that student success is everyone’s business. In 2014, the Alamo Colleges District adopted policy that includes our Vision, Mission, and Values: Alamo Way In support of our policy, the purpose of this segment is to enhance recognition by contractors for our efforts. As a valued member in our procurement process, we ask that your company demonstrate their commitment to serving students by becoming actively engaged in recognizing the Alamo Colleges District Mission, Vision, and Values. 25. Business to Business (B2B) Integration: Offerors’ order placement process should allow for Business to Business integration with the Alamo Colleges District eProcurement system. Participation in the Alamo Colleges District eProcurement system is at no cost to participants and will enable Alamo Colleges District end-users to easily source and purchase goods and services, electronically, through our online marketplace. Participating vendors will receive orders (via fax or email), invoice and track payment status, electronically, through an online portal. Further details regarding participating in the Alamo Colleges District eProcurement system will be provided, upon award of contract. 26. Civil Rights Act: Alamo Colleges District, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, https://www.ethics.state.tx.us/filinginfo/1295/ https://www.alamo.edu/about-us/strategic-planning/alamoway/ CSP-2023-0025 Page | 26 national origin, sex, age, disability, income-level, or Limited English Proficiency in consideration for an award. B. Preparation of Proposals: 1. Offerors are expected to examine the complete Request for Competitive Sealed Proposal documents and all attachments. Failure to do so will be at the Offeror’s risk. 2. Each Offeror shall furnish the information required by this Request for Competitive Sealed Proposal. C. Submission of Proposal: 1. Signed and sealed proposals shall be submitted prior to 2:00 pm. Central Standard Time (CST) on February 2, 2023. Offeror must provide one (1) original, one (1) bound copies and one (1) electronic copy (preferred format for electronic copy is Word or PDF) and delivered to: Alamo Colleges District Purchasing and Contract Administration Re: Purchase of Campus Dining Services CSP-23-0025 Reception Desk 2222 N. Alamo St. San Antonio, TX 78215 Proposals received will be publicly acknowledged in the Staff Conference Room #100, 1st floor, West Wing, which is directly behind the Reception Desk. Any proposals received after the due date and time will be rejected and returned unopened. No proposal may be changed, amended, or modified by telegram or otherwise, after the same has been submitted or filed in response to this notice. A proposal may be withdrawn, however, and resubmitted any time prior to the time set for receipt of proposals. E-mailed or faxed proposals will not be accepted. 2. Proposals should be submitted in narrative form comprehensively covering all points in Scope of Work and CSP Requirements in the order listed. 3. Proposals shall not exceed seventy-five (75) single sided 8-1/2 x 11 sheets. The following items are not counted in the page limit: front and back cover pages; cover letter (not to exceed two pages); sheet/chapter dividers; resumes, CSP pages requiring execution; and certificate of non-collusion. 4. Each Offeror shall determine whether their current business relationship with the District or an elected official of the District is subject to the requirements of Local Government Code section 176.001 and 176.006. Should the Offeror meet the stated requirements of the referenced legal sections, form CIQ (Section 8) shall be completed and submitted to the Alamo Colleges District in accordance with section 176.006. 5. Upon submission of a response, you agree to the following: The Purchasing & Contract Administration recommendation and summary analysis will be uploaded to the applicable Alamo Colleges District Board of Trustees Committee agenda and will be viewable by the public on the Friday prior to the Tuesday Committee meeting where the contract award will be considered. Alamo Colleges District will use best efforts to notify you by email shortly before the availability date for their proposals. CSP-2023-0025 Page | 27 Alamo Colleges District’ competitive proposal procedures are largely mandated by statute and do not permit the renegotiation of proposals after the submission deadline has passed. However, should you believe that Alamo Colleges District has made a calculation error regarding your proposal after reviewing the limited web-available summary analysis; its Purchasing & Contract Administration offers an opportunity for proposers not recommended for contract award to submit comments or engage in discussion concerning the proposed contract award promptly after the contract award recommendation is made public. Written comments may be submitted, or a meeting can be scheduled at your request. Consent to Alamo Colleges District’ recording of any verbal interview, at its discretion, is a condition of any interview. This opportunity will be subject to any additional requirements that may appear in any notice that you may receive from the Purchasing and Contract Administration in order to be considered. Efforts to contact individual Trustees or Alamo Colleges District’ employees other than those in the Purchasing & Contract Administration regarding such matters are prohibited. CSP-2023-0025 Page | 28 SECTION 3 PROPOSAL STUDENT PRICING SCHEDULE Proposal Pricing of: _____________________________________________ Offeror Name Offerors are to propose a menu with prices for Item 1 and Annual Student Scholarship amount for Item 2 in the Proposal Price Schedule. Failure to provide a menu with prices for Item 1 or Annual Student Scholarship amount for Item 2, or if submitted blank, will be construed as “No Proposal Offered”. Offerors are encouraged to propose financial considerations in the Proposal Price Schedule. Student scholarships must be described and provided with the proposal to be considered. In order to lower menu pricing and deliver affordable options to our students, the ACD will not charge rent for use of the facilities and will not charge commissions from sales at any location services are provided. Alamo Colleges reserves the right to make multiple awards as a result of this solicitation. Item # Description Price 1. Menu Prices and Product Offering Include Menu Pricing 2. Student Scholarship Contribution $ Check this box if your intent is to bid on all locations at all colleges: If you propose to only bid on some of the locations, place a “check mark” () in the appropriate box for each location. Location Number College / Building Bidding Not Bidding St. Philip’s College (SPC): 1 • Cyber Café in Turbon Student Center (TSC) St. Philip’s College-Southwest Campus (SWC): • Cyber Café in Industrial Technology Center (ITC) Building 1 San Antonio College (SAC): 2 • Cafeteria in Loftin Student Center (LSC) 3 • Cyber Café in Moody Learning Center (MLC) 4 • Kiosk in Oppenheimer Academic Center (OC) Palo Alto College (PAC): 5 • Cafeteria in Student Center (SC) 6 • Cyber Café in Ozuna Learning & Academic Center (OZU) Northwest Vista College (NVC): 7 • Cafeteria in Cypress Campus Center (CCC) (Building will be unavailable for food service for approximately the next 18 months.) 8 • Cyber Café in Redbud Learning Center (RLC) Food truck locations: 9 • Desert Willow Welcome Center (DWWC) 10 • Cedar Elm STEM Center (CESC) Northeast Lakeview College (NLC): 11 • Cafeteria in Student Commons Building (STCM) 12 • Cyber Café in Library (NLIB) 13 • Paluxy Hall (STEM Building) CSP-2023-0025 Page | 29 SECTION 4 OFFEROR’S CHECKLIST A. Have all specifications and features been met? Yes _____ No _____ If no, please explain: ________________________________________________ B. Has the Offeror provided a list of names, address, contact person, and phone numbers of a minimum of three (3) but not more than five (5) client references (including school districts, higher education institutions, or other political subdivisions) for which equipment and/or services of a comparable nature, scope and complexity have been provided by your firm? Yes ___ No ___ C. Has the certificate of non-collusion been signed? Yes _____ No _____ If no, please explain: _____________________________________________________ D. Does Offeror owe any State of Texas Margin taxes? Yes ___ No ___ If yes, please explain: ______________________________________________________ E. Is the person submitting this proposal currently more than thirty (30) days delinquent in child support payments? Yes ___ No ___ If yes, please explain: ___________________________________ F. Location of Principal Place of Business (City/State): __________________________________ G. If neither bidding company nor the ultimate parent company or majority owner has its principal place of business in Texas, does offeror, ultimate parent company, or majority owner employ at least 500 people in Texas? Yes ___ No ___ H. Does the Offeror have any information to disclose about past or current relationships that may impact the Offeror’s service? Yes ___ No ___ I. Does the Offeror agree to “hold harmless”, defend at its own expense and indemnify Alamo Colleges District against any and all liability arising out of acts or failures to act by the firm or its officers, agents or employees? Yes _____ No _____ J. Has one (1) unbound original, one (1) bound copy and one (1) electronic version on flash/thumb drive of the proposal been submitted with Offeror's response? Yes ___ No ___ K. Does the Offeror meet all specific requirements imposed by federal, state or local laws or rules and regulations? Yes ___ No ___ L. Offeror agrees to comply with all the stated requirements in this request for proposal. Any exceptions must be stated in the proposal response. Yes ___ No ___ Exceptions: (Use additional pages, if necessary) _____________________________________________________________________________ M. Has all requested information in the CSP been addressed? Yes ____ No ____ N. Has information been provided to substantiate minimum qualifications Yes___ No____ O. How did Offeror learn about this project? ____________________________________________ CSP-2023-0025 Page | 30 SECTION 5 CERTIFICATION OF NON-COLLUSION "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Offeror, and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal." FILL IN APPLICATION INFORMATION: A CORPORATION, chartered in the State of , authorized to do business in the State of TEXAS. A Partnership, composed of : ____________________________________________________ An Individual, operating under the name of: ________________________________________ Respectfully Submitted, (SEAL: If Proposal is by a Corporation) By: ____________________________________ Signature _____________________________________ Name (Print or Type) _____________________________________ Position with Company _____________________________________ Offeror Name _____________________________________ Street Address ___________ ____________________________________________________ Date City, State Zip ______________________________________ _____________________________________ Phone No. Fax No. ____________________________________________________________________________ E-mail Address CSP-2023-0025 Page | 31 SECTION 6 PROPOSAL CERTIFICATION I certify that I, the undersigned, am duly authorized to execute this certification. I have carefully reviewed the CSP documents and any attachments, and agree to abide by all terms and conditions contained therein. Further, I certify that all statements and documents submitted by my firm/company are true and accurate and may be verified by Alamo Colleges District. It is recognized that all parts of the proposal response become the property of Alamo Colleges District and will not be returned. __________________________________ _________________________________ Signature Email Address __________________________________ _________________________________ Printed Name Telephone Number __________________________________ _________________________________ Title Fax Number __________________________________ Firm / Offeror Name CSP-2023-0025 Page | 32 SECTION 7 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.00(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (This law requires that you file an update completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. ________________________________________________ Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 ___________________________________________ ________________ Signature of vendor doing business with the governmental entity Date Adopted 8/7/2015 Section 8 Terms and Conditions of the Contract COMPETITIVE PROCUREMENT SERVICES AGREEMENT BETWEEN ALAMO COMMUNITY COLLEGE DISTRICT AND _ This Agreement is entered into by and between Alamo Community College District, a political subdivision of the State of Texas (“Alamo Colleges District”) and _ (“Contractor”), collectively sometimes referred to herein as “the Parties.” WHEREAS, Alamo Colleges District is a public junior college district comprised of district services offices and five colleges, San Antonio College, St. Philip’s College, Palo Alto College, Northwest Vista College, and Northeast Lakeview College; and WHEREAS, Alamo Colleges District Colleges published a competitive procurement solicitation (“Request”), designated __ to obtain __ services for (College/District Office)_; and WHEREAS, Contractor responded to such Request and desires to provide such services to Alamo Colleges District according to the terms of such Request as herein augmented and/or modified. NOW THEREFORE, in consideration of the mutual covenants set forth herein below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Alamo Colleges District and Contractor hereby agree as follows: 1. DEFINED TERMS. 1.1 “Project” has the meaning defined in Exhibit A hereto. The Contractor hereby agrees to furnish the services specified in Exhibit A 1.2 “Project Coordinator” means the employee of Alamo Colleges District designated in Exhibit A hereto who will manage the relationship between Alamo Colleges District and Contractor. The designated employee will be knowledgeable of the Project and be experienced in managing projects similar to the one established herein. 2. PROJECT OBJECTIVE(S) AND SCOPE. The Project objective and scope is defined in Exhibit A. The Contractor hereby agrees to furnish the services specified on Exhibit A. 3. PROJECT DELIVERABLES. Contractor’s Project deliverables are set forth in Exhibit A. Competitive Procurement Services Agreement Rev 01-2022 Page 34 of 45 4. SUPPLEMENTAL DELIVERABLES OR RATE CHANGES. Additional services resulting from project modifications or changes will be performed at Contractor’s discretion with Alamo Colleges District’s written approval and will be invoiced at the then-current Contractor service rates. 5. ACCESS. The Parties agree to grant one another, their employees and agents assigned to the Project reasonable access to appropriate portions of one another’s facilities to the extent reasonably necessary to perform their obligations under this Agreement. 6. COMMUNICATION. The Parties agree to communicate in furtherance of the Project, including but not limited to setting mutually agreed upon hours in which Alamo Colleges District and Contractor will perform the Project Deliverables and notifying one another of any and all changes in personnel, operations, or policies that may affect the Project. 7. POLICIES. The Parties agree to advise one another, and their respective employee(s) assigned to the Project, of their responsibility for complying with one another’s existing rules and regulations, and of the content of same. 8. COMPLIANCE. 8.1 Applicable Law; FERPA. CONTRACTOR agrees to comply with all applicable law, including, without limitation, to ensure that its activities hereunder do not cause ALAMO COLLEGES DISTRICT to fail to comply with all applicable federal statutes and regulations, including, without limitation, the Family Educational Rights and Privacy Act, 20 United States Code 1232g, 34 CFR Part 99 (“FERPA”). Any exchange by the parties of student record information protected by FERPA (which includes information generated by Contractor for inclusion in a student record) shall commit the receiving party to limit the use of such information to the purposes for which the disclosure was made, to refrain from any re-disclosure except in compliance with 34 CFR 99.3 and either with the specific written permission of Alamo Colleges District, or in strict compliance with any explicit permission granted to Contractor in the Agreement or separately by the eligible student, and to require the return or certified secure destruction by Contractor of all such information, including any copies that may reside in system backups, temporary files, or other storage media, as soon as the intended purpose for such disclosure ends. Contractor agrees to immediately report any and all Alamo Colleges District student record data security breaches via electronic mail directly to the appropriate Alamo Colleges District personnel. 8.2 Non-Discrimination. Parties agree to have in place and abide by a policy prohibiting discrimination, harassment, and retaliation on the basis of any legally protected criteria, including, without limitation, race, color, gender/sex, sexual preference, religion, age, disability, genetic information, national origin, veteran status, income level, limited English proficiency or political affiliation. The Parties agree not to deny or discriminate on the basis of any legally protected criteria in the provision of any service or benefit, including, without limitation, access to any educational program or use of any facility. 8.3 Licenses, Permits, Taxes and Fees. Contractor warrants that it will obtain, maintain in effect, and pay the cost for all licenses, permits, or certifications that may be necessary for Contractor’s performance of this Agreement. Contractor will be responsible for the payment of all taxes, excises, fees, payroll deductions, employee benefits (if any), fines, penalties or other payments Competitive Procurement Services Agreement Rev 01-2022 Page 35 of 45 required by federal, state, or local law or regulation in connection with Contractor’s performance of this Agreement. 8.4 Covenants Pertaining to Any Contractor Employees Working at Alamo Colleges District Premises. Contractor agrees to the following regarding any employees assigned to work at Alamo Colleges District’s premises on a regular basis. Contractor agrees to comply with the record- keeping and all other requirements of applicable laws, including, without limitation, the Fair Labor Standards Act (“FLSA”) and the Immigration Reform and Control Act of 1986. Contractor agrees to properly classify its workers for purposes of the FLSA and the Internal Revenue Code and timely pay wages and compensation for their services rendered. Contractor agrees to perform criminal background checks and to implement and enforce a written policy for a drug-free workplace providing for drug and alcohol testing for reasonable cause during employment, complying with all applicable requirements, including obtaining the worker’s authorization. Contractor represents and warrants that any worker it assigns to the Project shall have passed the criminal background check and any drug testing conducted. Contractor agrees to certify in writing at the request of Alamo Colleges District its compliance with any of its obligations in this Agreement. 8.5 Data Security and Notification. 8.5.1 Personally Identifiable Information. Contractor’s performance under this Agreement may include access to and review of confidential, personally identifying information about Alamo Colleges District’s employees, students, and/or vendors. Contractor agrees to use best practices to maintain data security to prevent identity theft, and to promptly report in writing any red flags to the Program Administrator, the Vice Chancellor for Finance and Administration, or the Project Coordinator for this Agreement. Contractor agrees, in the event of a data security breach, to clearly state what personally identifiable information has been improperly accessed, to explain the measures taken to prevent future breaches, and to pay for the reasonable costs of appropriate notification and credit monitoring. 8.5.2 Payment Card Industry Data Security Standards. Contractor represents and warrants that should the Payment Card Industry Data Security Standards (“PCI-DSS”) apply to any goods or services provided pursuant to this Agreement, Contractor shall maintain payment card information and process payment card transactions in compliance with the standards of the PCI Security Standards Council (https://www.pcisecuritystandards.org/index.shtml). If applicable, Contractor shall provide Alamo Colleges District a current certificate of PCI compliance upon award and annually thereafter for the duration of this Agreement. Contractor agrees to indemnify and hold harmless Alamo Colleges District, its Board of Trustees, officers, employees, agents, contractors and assigns (collectively, “Protected Parties”) from and against any and all complaints, claims, causes of action, liabilities, suits, damages, judgments, penalties, fines, assessments, settlements, losses and expenses (including legal fees, expert witness fees and other legal expenses and court costs) imposed upon, incurred by, or asserted against Protected Parties resulting from or related to any loss of Alamo Colleges District customer credit card or identity information managed, retained or maintained by Contractor, including, without limitation, fraudulent or unapproved use of such card or identity information. Contractor agrees to notify Alamo Colleges District of any security breach involving the aforementioned data within one business day after discovery. 8.5.3 If Contractor Is Authorized to Access, Transmit, Use, or Store District Data. The following provisions apply if Contractor is authorized to access, transmit, use, or store data for Alamo Colleges District. https://www.pcisecuritystandards.org/index.shtml Competitive Procurement Services Agreement Rev 01-2022 Page 36 of 45 8.5.3.1 If Contractor’s services under the Agreement include cloud-based computing (as defined by Texas Government Code Section 2054.0593, presently by reference to Special Publication 800-145 issued by the United States Department of Commerce National Institute of Standards and Technology in effect as of January 1, 2015), the effectiveness of the Agreement is conditioned upon Contractor delivering evidence of its certification by the Texas Department of Information Resources pertaining to information security standards for cloud-based computing under what is termed the Texas Risk and Authorization Management Program (TX-RAMP) as addressed by Title 1, Chapter 202, Subchapter B of the Texas Administrative Code, including, without limitation, Section 202.27 (see also https://dir.texas.gov/texas-risk-and-authorization-management-program- tx-ramp), and agrees to maintain such certification, and conduct its services and processes to continually qualify to maintain such certification, for so long as that may be required. 8.5.3.2 If Contractor’s services are not restricted to cloud-based computing, Contractor agrees to meet the security controls stated at https://www.alamo.edu/link/933c81083ff9406bbce395b87047e0e2.aspx (or as may be updated at Exhibit A) that Alamo Colleges District has determined to be proportionate with its risk under this Agreement based on the sensitivity of such data for this Agreement, risk level control designated at Exhibit A if applicable, and to periodically, upon request, provide evidence that Contractor meets such security controls. 8.5.3.3 If this Agreement gives Contractor access to or control of a system to protect a computer, computer network, computer system, or other technology infrastructure against unauthorized use or access, Contractor represents that it is not owned or controlled within the meaning of Texas Government Code Sections 2274.0101- 0103 by the citizens or governments of China, Iran, North Korea, Russia, or another country designated by the Governor pursuant to that Section 2272.0103 as in effect for the duration of this Agreement, and agrees to notify Alamo Colleges District promptly should that representation no longer be accurate, in which case Alamo Colleges District may terminate this Agreement without any liability. 8.6 Records. Contractor agrees to retain its records for a minimum of four (4) years following termination of this Agreement, unless there is an ongoing dispute under the Agreement, in which case such retention period shall extend until final resolution of the dispute. Contractor’s “Records” include any and all information, materials and data of every kind and character generated as a result of the work under this Agreement. Examples of Records include, without limitation, billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in question, and any and all other agreements, sources of information and matters that may in Alamo Colleges District’s judgment have any reasonably pertain to any matters, rights, duties or obligations under the Agreement. 8.7 Right to Audit. Contractor grants Alamo Colleges District, any applicable grantor, or their designees the right to audit, examine or inspect (“Audit”), at Alamo Colleges District’s election, all of Contractor’s records relating to the performance of this Agreement during its term and subsequent retention period. Alamo Colleges District agrees that it will exercise this right only during regular business hours. Contractor agrees to allow access to all of Contractor’s Records, its facilities, and its current or former employees, deemed reasonably necessary by the auditor, to https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://www.alamo.edu/link/933c81083ff9406bbce395b87047e0e2.aspx Competitive Procurement Services Agreement Rev 01-2022 Page 37 of 45 perform such Audit. Contractor also agrees to provide adequate and appropriate workspace necessary to conduct Audits. 8.8 Release of Information. Alamo Colleges District is a governmental entity in the State of Texas. Documents submitted pursuant to this Agreement become a government record. Access by the public to government records is governed by the Texas Public Information Act (“PIA”). In the event a request is made for information designated as proprietary, Alamo Colleges District may determine in its sole discretion whether sufficient legal justification exists for withholding the information and whether an opinion should be requested from the Texas Attorney General. If an opinion is requested from the Texas Attorney General, Alamo Colleges District will notify Contractor, in accordance with PIA, to assert any arguments Contractor may have in opposition to release of the information. In the event Contractor requests judicial intervention, the party so requesting shall indemnify Alamo Colleges District for its costs (including attorney's fees) associated with the judicial action. Under no circumstances will Alamo Colleges District be liable for any costs, damages, or claims of any nature, related to release or disclosure of any information contained in documents submitted pursuant to this Agreement. 8.9 Prohibition Against Boycotting the State of Israel. If the Agreement is valued at $100,000 or more and Contractor has at least 10 employees, then Contractor hereby certifies, represents and warrants that neither Contractor nor any of its affiliates presently does, and during the term of this Agreement will any of them, boycott the State of Israel, by, without limitation, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on or limit commercial relations with the State of Israel, or with a person or entity doing business within the State of Israel or in any territory controlled by the State of Israel, but this requirement shall not be enforced for so long as it may be enjoined by a court of competent jurisdiction. 8.10 Prohibition Against Boycotting Energy Companies. If the Agreement is valued at $100,000 or more and Contractor has at least 10 employees, then Contractor hereby verifies that is does not presently, nor during the term of this Agreement will it, any of them, boycott energy companies, as those terms are defined in Texas Government Code Chapter 2274. 8.11 Prohibition Against Discriminating Against Firearm Entities or Firearm Trade Associations. If the value of non-sole-source procurement(s) under this agreement equals or exceeds $100,000, Contractor verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and will not discriminate during the term of the Agreement against a firearm entity or firearm trade association, as those terms are defined in Texas Government Code Chapter 2274. 8.12 Debarment. Contractor hereby certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State (the “Foreign Organization List”). Contractor by its signature certifies that Contractor is not debarred from participation in grants or contracts by the U.S. government or the State of Texas, is not indebted to the State of Texas or Alamo Colleges District. In the event that Contractor is added to the Foreign Organization List or becomes debarred from participation in grants or contracts by the U.S. government or the State of Texas at any time during the term of this Agreement, Contractor shall promptly provide notice to Alamo Colleges District. Alamo Colleges District may, at its discretion, terminate the Agreement immediately upon receipt and verification of information, by any means, of such status. 8.13 Policies. Contractor agrees to abide by all applicable Alamo Colleges District’s policies, including, without limitation, those relating to financial ethics, accountability and parking. Competitive Procurement Services Agreement Rev 01-2022 Page 38 of 45 9. INTELLECTUAL PROPERTY RIGHTS, CONSENTS, LICENSES & ASSIGNMENTS. If Contractor’s services involve creating images of persons, including, without limitation, serving as a photographer or videographer, Contractor shall obtain, deliver to Alamo Colleges District during the Term of this Agreement and maintain for a period of 5 years thereafter all legally required consents of such persons to the creation and unrestricted use of their images, including, without limitation, by Alamo Colleges District (“Consents”). If Contractor services hereunder include developing materials customized for use by Alamo Colleges District, Contractor warrants its full title and right to grant any intellectual property licensed or materials delivered to Alamo Colleges District under this Agreement free and clear of any claim of any third party. Contractor consents to Alamo Colleges District making a recording, by whatever means and upon whatever media, of any verbal, audio or video report or presentation made in the performance of the Services ("Recording''). Unless Contractor’s services hereunder are limited to those of a speaker or performer, such Recordings may be used for all purposes. If Contractor’s services hereunder are limited to those of a speaker or performer, the Recording may be used by Alamo Colleges District only internally and for no more than 120 days. Unless Contractor’s services hereunder are limited to those of a speaker or performer, Contractor grants to Alamo Colleges District a perpetual non-exclusive license to use all (i) Recordings and (ii) materials delivered hereunder in which Contractor or any Employees own or may claim any intellectual property rights, including the right to create derivative works, fully paid by the compensation payable to Contractor hereunder. Notwithstanding the foregoing, Speakers and Performers may