request for proposal p15/9868 pima community … for proposal p15/9868 pima community college...

Request for Proposal

P15/9868

Pima Community College

District Wide Food Services

The Pima County Community College District (“District”) is seeking a qualified vendor to furnish all financial

resources, management, equipment, fixtures, labor, goods and supplies necessary to manage and operate

professional food services for the District.

A mandatory pre-proposal conference will be held on: August 7, 2014 at 8:00 AM (Arizona Time) at:

Pima Community College

4905 E Broadway Blvd. Bldg. D

Catalina Vista Room

Tucson, AZ 85709

Immediately following the meeting there will be site visits. All attendees must have

representation for these visits. You must call 520-206-4759 by August 5th, 2014 to reserve your

spot on our vans (limit 2 people per vendor).

The deadline for receipt of sealed proposals is: September 18, 2014 at 3:00 PM (Arizona Time). Sealed

proposals must be received by this deadline at the following location:

Pima County Community College District

District Finance Office-Purchasing

4905D East Broadway, Room D-232

Tucson, Arizona 85709-1420

Any proposal received after the date and time listed above will be returned and will not be considered.

Questions pertaining to this Request for Proposal (RFP) must be communicated in writing and be received via

email by August 14, 2014 at 3:00 PM (Arizona Time). Questions must be sent to the email address below and

should include the specified Buyer’s name and proposal number, and any question(s) should include a reference

to the appropriate page and section number of the RFP. Questions and answers will be posted on the Pima

Community College webpage listed below by August 21, 2014 at 5:00 PM (Arizona Time):

Jan Posz, C.P.M., Sr. Buyer

[email protected]

Copies of the Request for Proposal, questions and answers, and any related documents are available on the

Pima Community College Website:

http://www.pima.edu/administrative-services/purchasing/current-requests-for-proposals-bids-quotes.html

Thomas E. Harrington, C.P.M., Purchasing Director

Pima County Community College District

District Finance Office-Purchasing

4905 East Broadway, Room D-232

Tucson, Arizona 85709-1420

mailto:[email protected]

http://www.pima.edu/administrative-services/purchasing/current-requests-for-proposals-bids-quotes.html

Proposal No. P14/9858

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TABLE OF CONTENTS

Introduction .......................................................................................................... 3

Proposal Process ................................................................................................. 4

Responses ........................................................................................................... 5

General Conditions .............................................................................................. 9

Specifications ..................................................................................................... 21 Agreement ......................................................................................................... 33 Exceptions to Terms & Conditions (Attachment “A”) ......................................... 35 Proposal Form ................................................................................................... 36 Vendor Operation Areas (Exhibit “A”) ................................................................ 38


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INTRODUCTION

Food Services Overview

The Pima County Community College District (“District”) is seeking a qualified vendor to furnish all financial resources, management, equipment, fixtures, labor, goods and supplies necessary to manage and operate professional food services for the District. The District’s overall goal in soliciting a vendor is to provide food reflecting the interests of students, faculty and staff. The District seeks a vendor who will employ creative strategies and ideas to identify and serve these interests. The vendor will also demonstrate a strategic approach to food service, focusing on adaptability, data-driven planning and customer satisfaction. The District proposes to license to the successful vendor for an initial five-year (5) term space identified in this RFP for the vendor to provide food and related services. District expects vendor to propose additional locations, fixed or mobile, to enable vendor the flexibly to respond to District’s service needs. District encourages utilization of locally-sourced purveyors, through sub-contracts or relationship agreements, to provide regionally popular foods reflecting a campus’ rhythm and the District’s overall eclectic diversity. District will not score favorably vendors who propose cookie-cutter, homogenous, one-size-fits-all solutions. District is transitioning from a profit/loss, commission-based, contracted food service management service model utilizing District-provided facilities, equipment, and fixtures to one relying on the vendor’s expertise to create stylish, comfortable surroundings offering customer-focused foods and related services without unduly restricting vendor or limiting offerings based upon available equipment, internal expenditure restraints or past practices. District expects proposals to include capital allocations for equipment, fixtures and build-out of identified service areas in order to accomplish this transition. Proposals must include detail sufficient to allow the District to evaluate the intended operation from the standpoint of quality, cost, and service. Products, prices, and services shall promote confidence the District is obtaining the best possible combination of quality, customer service and value.


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Proposal Process

The contracting process will include the following elements:

Invitation. All vendors who attend the mandatory pre-proposal meeting and able to respond to the needs

as defined in this RFP may submit proposals.

Proposal Submission Format. Vendors shall submit proposal information in the order and format

indicated below. District requests vendors submit proposed concept plans for each site, customizing

layout/design/service for each location. Photos, renderings, design concepts and other visual aids

specific to each site/campus are desired as part of the full submitted proposal. Only proposals that

include site-specific concepts for all locations will be considered.

Presentations and Discussions. Respondents whose proposals are judged to meet specifications and evaluation criteria while offering a favorable financial return to the District may be invited to participate in presentations and/or discussions to allow District’s representatives to elicit further information about the comparative capabilities of the firms under consideration in relation to District’s requirements and expectations.

Evaluation of Proposals. Proposals will be evaluated on the basis of the qualification of Vendors, Vendor’s potential for maintaining and expanding services of a high quality with affordable prices to patrons of District’s food services, providing capital improvements, and providing a reasonable financial return to the District.

Evaluation Criteria listed in order of importance:

1. Foodservice Program Proposal (taking into account items noted above) 2. Financial Proposal 3. Vendor Qualifications 4. References: the proposer must provide three (3) independent references from three (3) different

projects of similar scope, nature, and complexity to that requested by the College. The College prefers educational or governmental entity references with comparable scope of services and square footage, including multiple sites.. Each of the references must include the following information:

a. Entity Name b. Industry Type c. Address, City, Province/State/Country d. Contact Name, Title, Phone Number, and Email address e. Year(s) service(s) provided f. Comments (include details regarding the current status of the product/service provided

by proposer)

Proposal Copies. The firm must submit one (1) original copy of the proposal, clearly marked “Original”. In addition, the firm must submit one (1) digital PDF copy of the proposal on media suitable for copying and distributing electronically.

Proposal Form. All proposals must include the complete Proposal Form signed by a person or an official authorized to commit the firm to a contract with the District.


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RESPONSES

PROPOSAL REQUIREMENTS Vendor must submit a proposal addressing each of the following points in the same order as presented herein. Failure to do so could eliminate that proposal from consideration in the contract award. District intends to assess each vendor’s understanding of the District’s needs and its application of creative resources to ensure an operationally and financially successful food service program.

1. FOOD SERVICE PROGRAM ASSESSMENT

Provide brief assessments of the current District food service operations.

2. FOOD SERVICE PROGRAM PROPOSAL

Provide brief descriptions of changes you would undertake for short and long term improvements.

The proposal should include:

Layouts/designs

Menus

Prices/portions

Hours of operation of specific services

Service styles

Advertising/marketing

Equipment

Cosmetic improvements

Any other elements necessary to ensure an operationally and financially efficient food service program.


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3. MANAGEMENT PROPOSAL

Provide a detailed description to convince District your company has the human and programmatic resources necessary to achieve the above stated goals. This portion of the proposal response should include, minimally, the following subjects:

Number of persons to be assigned on a full or part time basis and the basis for determining the levels of such assignments.

Management coverage in terms of day and hours.

Short and long term action plans and goals.

Communication process and responsiveness to District needs.

Organization structure to connect with college community.

4. SAFETY, SANITATION AND SECURITY

Provide data to support the existence and quality of programs your company brings to the operation with respect to providing a safe, sanitary and secure food service environment.

5. QUALITY ASSURANCE

Provide a plan to assure quality with respect to all aspects of the food service program including:

Procedures for customer complaints.

Customer service monitoring and reporting

Forecasting, merchandising, production and quality control techniques.

Provisions to provide active attention to customer needs.

6. FINANCIAL PROPOSAL

District is interested in providing the broadest possible food service program. District management acknowledges its responsibility to sustain a cooperative role in meeting this goal. District is requesting Vendors propose operational scenarios which will satisfy the needs of each campus community as well as District’s financial objectives. District is requests Vendors consider the District’s general parameters, and propose flexible or creative strategies for financial partnership.

District is seeking responses to the following:

A minimum guaranteed annual dollar license fee;

An investment in College’s food service improvements.


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Vendor should consider the following assumptions and factors when preparing proposals:

Vendor shall invest in District’s food service program through improvements in equipment, renovation and furniture and fixtures. District intends all areas designated as food service areas herein will be the Vendor’s operational responsibility including janitorial services, equipment maintenance and replacement, decorating, branding, etc. However, any Vendor-proposed renovation thru, under or over any existing wall, floor, division or fixed barrier of any kind shall require the District’s prior approval and subsequent coordination.

All equipment and capital improvements funded by the Vendor excluding those of a proprietary nature, will become the exclusive property of District upon the conclusion of this agreement. If District or Vendor should decide to terminate the contract prior to the full term, District and/or succeeding Vendor will purchase those assets at their depreciated value.

7. VENDOR QUALIFICATION

In order to be considered for award Vendors must provide the following in their proposal:

Evidence of the successful operation of food service management & operations with educational entitles of similar scope and size.

Provide copy of most recent audited financial statement.

Describe staff expertise to support proposed services.

8. EXCEPTIONS TO RFP

Any exceptions to the RFP and contract terms presented in this document must be clearly identified using Attachment “A” and, if applicable, a proposed change provided in the Vendor’s proposal. District assumes the Vendor accepts all terms and conditions presented unless the exceptions are clearly stated in the proposal response. District reserves the right to reject any proposed exceptions.

RIGHT OF REJECTION

District reserves the right to reject any or all proposals. CERTIFICATION By signature on the Proposal Form included herein, the proposer certifies that the submission of the proposal did not involve collusion or other anti-competitive practices. The vendor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal. In addition, vendor certifies whether or not an employee of the College has, or whose relative has, a substantial interest in any agreement subsequent to this document. Vendor also certifies their status with regard to debarment, or suspension by any governmental entity. Failure to provide a valid signature affirming the stipulations required by this clause shall result in the rejection of the submitted proposal and, if applicable, any resulting agreement. Signing the certification with a false statement


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shall void the proposal and, if applicable, any resulting agreement. Any resulting agreement may be subject to legal remedies provided by law. Vendor agrees to promote and offer to the College only those services and/or materials as stated in and allowed for under resulting agreement(s).

GENERAL CONDITIONS

1. DEFINITION OF TERMS

a. "District": The Governing Board of the Pima County Community College District or its duly authorized agents.

b. “District Representative”: District’s Asst. Vice Chancellor for Business Services or assignee.

c. “Fiscal Year”: July 1 through June 30

d. “Vendor”: A person, firm or corporation to whom a contract is awarded by the District.

e. “Area(s)”: Cafeteria, café, kitchen, and adjacent dining areas designated in Exhibit “A” of RFP.

f. “Agreement”: The request for proposal, vendor’s proposal, presentations, supporting material and subsequent negotiations provided in writing.

2. DAMAGE

The District shall not be responsible or be held liable for any injury or damage to persons or property resulting from the use, misuse, or failure of any equipment used by Vendor or any of Vendor’s agents, or employees. The acceptance or use of any such equipment by Vendor shall be construed to mean that Vendor accepts full responsibility for, and agrees to indemnify the District and against any and all loss, liability, and claims for any injury or damage whatsoever resulting from the use, misuse, or failure of such equipment, whether such damage or injury is to an employee, agent, or the property of the Vendor, other Vendors, the District or other persons.

3. LICENSES

Vendor assumes sole responsibility for the observance of, and so observes and complies with all provisions of federal, state, and local laws relating to or governing the operation of food service management, equipment maintenance, and operation areas. All licenses and permits shall be obtained and paid for by the Vendor.

4. TAXES

The Vendor assumes complete liability for all taxes applicable to the operations, income and transactions of the Vendor. The District shall not be liable and will not make reimbursement to the Vendor for any tax imposed whether directly or indirectly upon the Vendor by any authority by reason of the contract or otherwise. The Vendor shall be responsible for collecting and remitting any sales, use, or excise taxes applicable to its operations and activities hereunder.


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5. FINANCIAL RECORDS

Vendor shall maintain monthly, quarterly and yearly financial records in accordance with generally accepted accounting practices and procedures and shall make said financial records and supporting data and documents available for inspection, reproduction and audit by the District at its request. Records, data and documents shall be retained for five (5) years after the end of each contract year.

6. TERM OF CONTRACT

The term of the contract shall be for an initial five-year (5) period renewable upon mutual agreement of the parties, not to exceed a total of five (5) additional years.

7. PRICES

Vendors shall base their proposal on current marketing prices for District’s geographic location and

for the foodstuffs and labor available to the Vendor.

8. EXCLUSIVE FRANCHISE

Vendor, during the tenure of their contract, shall be the only authorized retail food supplier at District locations as described herein. Exempt from this exclusive relationship is the following: Vending agreement(s); District maintains an exclusive vending agreement for vended bottled beverage and snack products. Vendor agrees to acknowledge this agreement. Fundraising; District students and staff may undertake fundraising activities through the sale of food products and the contracted bookstore vendor may sell pre-packaged foodstuffs incidental to its operation. Vendor shall deem neither instances a violation of this provision.

9. EVALUATION OF SERVICE

District reserves the right to have a Designated Representative review, inspect and evaluate the operation and condition of the food service facilities at any time with respect to the quantity and quality of food sold and served, the methods of service, the prices, and generally with respect to the safety, sanitation and maintenance at levels satisfactory to the District. Vendor shall submit quarterly reports to the District containing sales data and other relevant information as determined by the District that will be helpful for oversight.

10. HEALTH AND SAFETY REGULATIONS

Vendor shall comply with all state and local health and sanitation regulations relating to personnel and maintenance of their assigned food service area and comply with District safety requirements.

11. ASSIGNMENT

Vendor shall not assign this contract in whole or in part without the District’s express written consent.

12. INDEPENDENT VENDOR

Vendor shall perform contracted services as an independent Vendor and shall discharge its liabilities as such. No acts performed or representations, whether oral or written, made by Vendor with respect to third parties shall be binding on the District. Since the Vendor is deemed not to be an employee of the


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District, the District does not assume liability for any act or performance by the Vendor for any act or performance pursuant to this agreement.

13. ATTORNEY FEES

In the event a suit is brought based upon this RFP or any agreement derived therefrom, the prevailing party in such a suit shall be entitled to payment by the other party of all litigation expenses, including attorney's fees, court costs, expert witness fees and investigation expenses.

14. NOTICE

Any notice required under the contract shall be in writing and may either be given by personal delivery or sent by certified mail to the District Representative.

15. PREMISES LICENSE TO MANAGE AND OPERATE

The Areas specified herein or which may be mutually agreed upon on a future date are licensed to the Vendor for the use of the facilities as described in the proposal specifications. Neither this RFP nor a subsequent agreement with Vendor shall be construed as a grant to and/or in any way bestowing upon Vendor a lease or rental agreement or any accruable interest in any of District’s owned and/or lease real property. Vendor’s acts or conduct to the contrary shall be deemed null, void and of no legal force or effect.

16. ORDINANCES, LAWS AND REGULATIONS

Vendor shall comply with all ordinances, laws, and regulations pertaining to the operation contemplated hereby; including, but not limited to, the Arizona Workers' Compensation Act, the Federal Equal Employment Opportunities Act, and the Americans with Disabilities Act (ADA). Vendor shall apply for, obtain, and maintain in force all permits and licenses required by the various agencies of Federal, State, and local government having jurisdiction over the Vendor's operations.

17. COST OF OPERATION

Vendor shall operate on its own credit and shall furnish at its own expense all food, foodstuffs, labor, merchandise, and equipment necessary for the performance of the contract. All incoming shipments of food, foodstuffs, merchandise, and product, shall be to the Vendor's account, and under no circumstance may any such shipments be made or invoiced to the District. Vendor shall maintain a prompt payment record with its suppliers.

18. LIABILITY

Indemnity. Vendor agrees to indemnify and hold harmless District, its officers, board members, agents and employees from and against any and all claims, suits, liabilities, loss, damage, costs and expenses which may be brought or made against or incurred by District on account of (i) Vendor's possession, use or occupancy of the Premises, the conduct of its business thereon, or any activity, performed or suffered by Vendor, its agents, employees or invitees (including, without limitation, the making of the improvements to the Premises); or (ii) any injury or death to persons or damage to property on or about the Premises from any cause whatsoever during the term hereof; or (iii) any violation by Vendor in provision of this Agreement or any breach or default by Vendor in the performance of any obligation of Vendor under the terms of this Agreement; or (iv) any act, omission or negligence of Vendor, or any of its agents, employees or invitees.


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As a material part of the consideration to District, Vendor hereby assumes all risk of damage to and upon or about the premises from any cause whatsoever, and Vendor hereby waives all claims in respect thereof against District

19. INSURANCE REQUIREMENTS

The Vendor, at Vendor’s own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed to do business in the State of Arizona with policies and forms satisfactory to the District and possessing a current A.M. Best, Inc. Rating of B++6. All insurance required herein shall be maintained in full force and effect until all work required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole direction of the District, constitute a material breach of this Contract. The Vendor’s insurance shall be primary insurance, and any insurance or self-insurance maintained by the District shall not contribute to it. Any failure to comply with the claim reporting provisions of the policies or any breach of an insurance policy warranty shall not affect coverage afforded under the policy to protect the District. All policies, except Workers’ Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the District, its agents, representatives, directors, officers, and employees for any claims arising out of the Vendor’s work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the District under such policies. The Vendor shall be solely responsible for deductible and/or self-insured retention and the District, at its option, may require the Vendor to secure the payment of such deductible or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. The District reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. The District shall not be obligated, however, to review same or to advise Vendor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Vendor from, or be deemed a waiver of the District’s right to insist on, strict fulfillment of Vendor’s obligations under this Contract. The insurance policies, except Workers’ Compensation, required by this Contract shall name the District, its agents, representatives, officers, directors, officials, and employees as Additional Insureds. REQUIRED COVERAGE General Liability Vendor shall maintain and cause any sub-vendor to maintain Commercial General Liability insurance with a limit of not less than $2,000,000 for each occurrence with a $2,000,000 Products and Completed Operations Aggregate and $2,000,000 General Aggregate Limit. The policies shall include coverage for bodily injury, broad form property damage, personal injury, products/completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract, which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 000211093 or any replacement thereof. The coverage shall not exclude X, C, U.


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Such policies shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, or any provision that would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc’s, Additional Insured, Form B, CG20101185, and shall include coverage for Vendor’s operations and products and completed operations. Automobile Liability Vendor shall maintain and cause any sub-contractors to maintain Commercial/Business Automotive Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Vendor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Vendor’s work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers’ Compensation This Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Vendor’s employees engaged in the performance of the work; and, Employer’s Liability insurance of not less than $2,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. In case any work is subcontracted, the Vendor will require the subcontractor to provide Workers’ Compensation and Employer’s Liability to at least the same extent as required of the Vendor. Certificate of Insurance Prior to commencing Services under this Contract, Vendor shall furnish the District with Certificates of Insurance, or formal endorsements as required by the Contract, issued by Vendor’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies) required by this contract is(are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Vendor’s work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the contract, a renewal certificate must be sent to the District thirty (30) days prior to the expiration date. Insurance evidenced by these certificates shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to the District.

20. RISK OF LOSS

Vendor shall bear the full responsibility for all risk of loss for all money, merchandise, equipment,

fixtures or other items owned by Vendor.

21. SPACE ALLOCATION

During construction or remodel of existing facilities by Vendor, the District reserves the right, but shall not have the responsibility to, on a temporary basis, relocate Vendor into another space or building within


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the campus with no change to the contract terms. The new space or building shall be reasonably similar and reasonably suitable for Vendor’s operations.

22. ACCESS BY DISTRICT

District shall have reasonable access to Vendor areas to assess the Vendor's performance of any of the terms of the contract.

23. SUPPLIER BASE

Vendor shall utilize reputable distributors as sources for supplies.

24. FORCE MAJEURE

Neither the District nor the Vendor shall be responsible for delays or failures in performance resulting from acts beyond the reasonable control of either party. Such acts shall 'include but not be limited to acts of God, riots, acts of war, governmental regulations superimposed after the act, earthquakes or other causes beyond the reasonable control of either. In the event of any occurrence, which a party considers may cause a delay or failure of performance, the party affected shall promptly notify the other party.

25. CHANGES TO CONTRACT TERMS

Vendor shall agree and understand modifications to this agreement may be implemented by mutual written agreement without voiding in any manner the contract executed by the parties at the beginning of the contract term if experience or special circumstances dictate the need for modifications in the level or variety of services at any location.

Changes, additions, deletions, or modifications which materially change the operation of one or more food services, shall be by written amendment and signed by the District and the Vendor.

26. RIGHT OF INSPECTION

The District reserves the right to periodically conduct unannounced inspections with or without the Vendor. District and all state and local authorities shall have complete cooperation from the Vendor. District shall be notified and, whenever practical, shall be present for inspection by any local or state authority.

Vendor will provide copies of any inspection reports to the District within 72 hours of receipt. Vendor shall, within five (5) working days of receipt of any notice of violation, provide the District with a written report of corrective action. In the event that corrective action is a joint responsibility, the Vendor shall notify the District of its responsibility in the matter and shall work with the District and respective campus administration in the implementation of such action.

27. STATE AND FEDERAL I.D. NUMBERS

On or before the execution of a food service agreement(s), Vendor shall furnish to the District, the Vendor’s State of Arizona Tax Identification Number, business license number and Federal Employer I.D. Number. Vendor acknowledges and agrees the District may furnish those Vendor numbers to federal, state, and local tax authorities.


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28. SUBCONTRACTING

Subcontracts, if any, are subject to prior approval of the District. Vendor shall be responsible for the satisfactory performance and adherence to all contract specifications of the approved sub-contractor and for the conduct of the employees of said sub-contractor. Substandard performance by an approved sub-contractor can constitute an event of default under this agreement.

29. USE OF DISTRICT NAME AND REGISTERED TRADEMARKS

In no instance shall the District’s name or any of its registered trademarks be used by the Vendor in connection with any advertising or promotions which are not directly related to the District without the District’s specific written consent.

30. NON-DISCRIMINATION

In connection with the performance of work under this Agreement, Vendor agrees not to discriminate

against any employee or applicant for employment because of race, religion, color, sex, age, sexual

orientation, or national origin, or because he or she has a physical or mental disability, or because he or

she is a disabled veteran or a veteran of the Vietnam era. The aforesaid provision shall include, but not

be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment

advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,

including apprenticeship. Vendor shall conform to all state and federal laws, executive orders and rules

and regulations relating thereto. Vendor agrees to post hereafter in conspicuous places, available for

employees and applicants for employment, notices setting forth the provisions of this nondiscrimination

clause.

Vendor further agrees to insert the foregoing provision in all subcontracts hereunder, except subcontracts

for standard commercial supplies or raw materials.

The Provisions of Section 202 of Executive Order 11246.41, C.F.R. §60-1.4.41, C.F.R. §60-250.4 and 41,

C.F.R. §60-741.4 are incorporated herein by reference and shall be applicable to this Agreement unless

this Agreement is exempted under the rules, regulations or orders of the Secretary of Labor.

31. RULES AND REGULATIONS

Vendor covenants and agrees to comply with the District policies and guidelines set out below. The District reserves the right to make and enforce such other reasonable policies and guidelines which the District deems are necessary or advisable in order to promote the safety, care, preservation, and cleanliness of the designated food service areas and for the protection and maintenance of District property in general.

32. MANAGEMENT AND PERSONNEL

Vendor shall maintain adequate staff on duty at each District campus at all times to ensure a quality food service operation. Vendor is responsible for providing trained, experienced and qualified personnel for administration and supervision, menu planning and dietetic, production, purchasing, service, sanitation, marketing, and equipment maintenance both on-site and at Vendor’s division and/or corporate levels.

33. MANAGEMENT PERSON/TEAM


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Vendor’s management person/team must have an appropriate amount of professional training, formal education, experience, interpersonal characteristics, and public relations skills to provide the expertise required for a high quality retail (to include branding) and catering food service.

34. UNLAWFUL BEHAVIOR

Vendor is responsible for the on-campus behavior of its employees who will abide by all rules and regulations which govern District employees. Infractions of those rules and regulations may result in the District requesting that individual no longer perform services for District under the Vendor’s account.

35. EQUIPMENT/FACILITIES – REPAIRS, MAINTENANCE AND JANITORIAL

Vendor is responsible for the on-campus behavior of all its employees, agents or designated are properly using and caring for the equipment and facilities assigned to it in the performance of its daily duties. The Vendor shall be responsible for making all repairs and performing all manufacturer/industry standards preventative maintenance procedures necessary to properly maintain and operate all District owned or purchased capital equipment, furnishings and building components. In addition, the Vendor shall maintain a detailed record of all repairs and preventative maintenance service for each piece of equipment. In the event that Vendor negligence results in diminished or no performance, the District shall, at its option, require the Vendor to make and/or pay for the necessary repairs or replacements without charging such costs against the account.

36. KEYS

Vendor shall be responsible for accounting for the location of any keys or locking devices provided to the Vendor. Vendor shall be responsible for the cost of replacement of lost keys. If the District determines keys lost by the Vendor or its employees could compromise District building or campus security, the Vendor shall be responsible for paying all costs associated with re-keying designated locations.

37. THEFT/BURGLARY

Vendor shall be responsible for immediately reporting to the District Department of Public Safety and Director any break-ins or unauthorized entries into the food service areas and all property losses associated therewith. Vendor will report to the District all accidents involving its staff or customers and all disputes or behavioral incidents involving staff or patrons.

38. CUSTOMER MONITORING

Patron Surveys

Vendor shall cooperate with the District in ongoing and periodic monitoring of customer satisfaction for value received through an evaluation system involving a representative cross section of the campus community, including catering patrons and guests. The survey instrument(s) and/or survey methodology shall be subject to the review and approval of the District.

The Vendor is encouraged to engage in other forms of customer monitoring, such as

comment cards, as it deems necessary or appropriate.


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39. PURCHASING STANDARDS

Minimum Standards

Food purchased by the Vendor for use in District food service facilities and elsewhere on campus which is not already subject to other minimum contractual standards (such as for local, regional or national brands) shall be equal to or better than those specifications used at comparable type and sized Vendor accounts.

General Purchasing Standards

Purchase of food, supplies and equipment shall meet requirements of the United States Department of Agriculture (USDA), Food and Drug Administration (FDA), Underwriters Laboratory, National Sanitation Foundation (NSF) and other relevant agencies. In the absence of grade labeling, the Vendor shall provide the District, upon request, with package labeling codes or industry accepted grade equivalent standard to verify the minimum grades specified are being provided.

40. SANITATION AND SAFETY

Scope

Vendor shall provide daily housekeeping, cleaning, preventive maintenance, and sanitation service which includes necessary commercial equipment and supplies for all assigned food service areas. These facilities shall include, but not be limited to, production and serving areas, snack bars, carts, refrigerators, freezers, receiving and storage, trash and garbage, employee rest rooms, offices, hallways and stairs used by the Vendor. Vendor shall spot clean all dining areas during the course of each business day. All food service areas including the kitchen; storage areas and loading dock shall be the sole responsibility of the Vendor.

Minimum Training Schedule

Vendor shall have adequate personnel with sufficient training to ensure all employees are trained in the highest legal and generally accepted industry standards of sanitation and safety, and supervised in a “clean as you go” policy that will result in a clean and orderly facility at all times. One full time management person should have successfully attained a Certified Food Service Sanitation Professional designation. All other key management and staff employees should have successfully completed the National Restaurant Association’s “ServSafe” or equivalent program.

Vendor shall maintain and make such records available all applicable training records for review

upon District request.

Cleaning Schedules

Vendor shall develop, implement, and update cleaning and sanitation schedules for all equipment,

including floor drains and areas as assigned. Cleaning must be sufficient to provide protective

maintenance against unnecessary deterioration, and provide a clean, neat and sanitary appearance.

Upon review and approval by the District, the schedules shall be posted and implemented within 30

days of the beginning of the Agreement.


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Ventilation Hoods & Fire Suppression Systems

Vendor shall be responsible for contracting with a qualified firm to provide periodic cleaning of hood ducts, plenums, fans and related units as well as all fire suppression systems. Vendor shall retain responsibility for the regular cleaning of all interior and exterior surfaces and filters.

Holiday Closures

Vendor will leave service areas clean and ready-for-inspection condition during District holidays, closures and breaks.

Food Handling/Sanitation/Safety Practices

Vendor’s employees shall be neat and tidy in appearance and shall follow established mandated and food service industry best hygiene practices in food handling.

Linens & Uniforms

Vendor will maintain adequate inventory of clean table linens, employee uniforms, aprons, towels, and other related dining service linens. Vendor employees shall be in uniform and wear visible name tag identification at all times while on duty. Management shall display Vendor identification.

Employee Illness

Vendor shall not allow any food service employees to work with known illnesses which are transmitted through the air or via food products, equipment or other mediums; open sores; or other symptoms. Any contagious disease must be reported immediately to the District as well as the appropriate local health department authorities.

Pest Control

Vendor shall coordinate its deep cleaning and pest control procedures with District building management and be responsible for implementing and sustaining measures to prevent infestation in accordance with the District’s pest control measures. Vendor shall have the responsibility for paying for all approved pest control procedures.

Conservation/Recycling

District requests Vendor purchase and promote the use of environmentally friendly products derived from post-consumer waste and to recycle food, packaging, and other items to the extent there are available markets and outlets for the products and which meet state and local sanitation and safety regulations.

Garbage

District will provide for the removal of trash and garbage which Vendor has delivered to designated locations. Vendor will be responsible for the cleaning and sanitizing of all grease traps to standards no less than District or county health code procedures and frequency.

Accident Prevention


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Vendor will adopt and maintain an aggressive program of accident prevention and safety education. Proper instructions on the use of equipment and food handling techniques shall be provided in the promotion of a safe and accident-free environment.

Accident Reporting

Vendor shall immediately report fires, unsafe conditions, thefts, and security hazards to the District Department of Public Safety. Vendor shall immediately correct within two (2) business days unsafe conditions identified by District representatives. Vendor shall limit access to and clearly identify to the public any hazards or unsafe conditions within Areas.

Fire Prevention

District shall furnish and maintain fire extinguisher equipment and supplies. Vendor shall notify the

District immediately following fire extinguisher use or discharge and the instance of any uncontrolled

fire.

Campus Sanitation Inspections

Vendor shall provide District or its authorized representatives unrestricted access to food service facilities and catered events.

41. EQUIPMENT

No Implied/Express Warranties

District does not make any implied or express warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose for equipment provided by the District. Vendor shall have the benefit of any warranty or guarantee the equipment manufacturer or seller provides.

Office Equipment

Vendor shall provide any office machines necessary for the management of the food service program including computers, printers, facsimile machines, copy machines, typewriters, calculators and similar items.

Transport Equipment

Vendor shall be responsible for providing: 1) vehicle(s) suitable to food transport; 2) adequate and qualified staff to operate the vehicle used for food transport; and 3) appropriate insurance to cover the vehicle and activity. Vendor shall be liable for damages or injuries caused by Vendor’s employees or agents use of vehicles. Vendor’s employees and sub-vendors will not be permitted to use any District owned transportation equipment. Vendor shall abide by District policies and regulations regarding transportation activity. Food Service Equipment

District will provide to Vendor all food service equipment currently in place and in current condition as of the initiation of this agreement. Vendor may use and thereby assumes responsibility for maintenance of said equipment which, at its discretion and to the extent the equipment supports vendor’s program as


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proposed and accepted through its selection by District, vendor may continue to use to provide food service to District until the end of the equipment’s usefulness or contract termination. Vendor shall identify equipment in which it has no interest or has met its usefulness for subsequent District disposal. Vendor may not dispose of any equipment provided by District.

Vendor Maintenance

Vendor representatives will conduct at a minimum, monthly on-site inspection of each location. Vendor will provide a copy of all inspection reports to the District by the 5

th business day of each month. Vendor

will implement within five (5) working days corrective measures for identified deficiencies and corrective action report submitted within 24 hours of completion. A record of such action must be included.

42. MARKETING

Advertising & Promotion

Vendor shall regularly undertake advertising and promotional efforts to increase the visibility and image of each campus’ food service program. Each District campus shall reasonably cooperate with the Vendor in promoting and merchandising services and products to attract more customers and to more fully utilize the food service. Approval

All advertising and promotional efforts shall be coordinated through and reviewed by the District prior to publication and distribution and shall be limited to campus media intended for students, staff, faculty and guests.

Costs

Vendor shall be responsible for all costs associated with advertising and promotional efforts.

43. FINANCIAL SPECIFICATIONS/TERMS

PRICES

Responsibility

Vendor is responsible for pricing.

Basis

Prices shall be competitive with comparable menu items served by local commercial food operators and by other local area educational institutions. Changes in retail and catering pricing will be based upon any one of the following: Changes in the U. S. Department of Labor Regional statistics for labor cost increase in similar job

categories.

The U.S.D.A. Regional Wholesale Food Price Index (as issued quarterly) and the U.S.D.A. Food Index Forecast should be used to justify the increase in food cost.


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U.S. Department of Labor Regional Statistics for labor cost increase in similar job categories should be used to justify the increase in labor costs. In addition, increase in tax rates affecting labor cost should be applied.

Changes in menu, points-of-service, additions or levels of service provided.

Changes for similar portions/products in similar food operations in the Tucson market area.

Changes in any other cost factors through submission of supplier invoices over the previous

twelve-month span.

Taxes

Vendor shall be responsible for collecting and remitting to the taxing authorities the appropriate amount of sales taxes in accordance with applicable state and local laws and regulations. Vendor shall hold harmless and indemnify the District from and against all claims or demands arising out of Vendor’s failure or refusal to collect and remit taxes applicable to its activities hereunder.

Security

Vendor shall exercise maximum security control over all cash, charge and sales transactions. The District shall not be responsible for theft or loss of the Vendor’s cash or property.

AUDITING AND ACCOUNTING

No Advance Payments Vendor will operate on its credit and provide its own cash banks/reserves, with no advance payments from the District. Records Pursuant to provisions of title 35, chapter 1, article 6 A.R.S. §35-215 the Vendor shall retain, and shall contractually require each subcontractor to retain, all books, accounts, reports, files and other records relating to the acquisition and performance of the Agreement for a period of five (5) years after the completion of the Agreement. All such documents shall be subject to inspection and audit at reasonable times. Upon request, a legible copy of any or all such documents shall be produced at the offices of the Auditor General, the Attorney General or the College Purchasing Office.

Audit Rights

The books, records, documents and accounting procedures and practices of the Vendor relevant to this contract shall be subject to examination by the District, and the State of Arizona auditors.

44. SPACE

See Exhibit “A”.


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SPECIFICATIONS

1. GOALS & OBJECTIVES

In order to achieve the goals of the District’s food service program, the Vendor shall adopt the following objectives, with the goal of maintaining and expanding the management and operation of the food services:

Provide District food services expected from a quality community college food services operation under pricing policies that are both fair and competitive for like or similar quality, as compared to other college and university food services and also with retail establishments in the surrounding area.

Provide for efficient customer traffic flow during rush periods and minimize time spent

by customers in waiting lines.

Become involved in the academic, cultural, and social environment of the District, taking advantage of opportunities to offer special food services and other assistance based upon the District’s ongoing and unique activities.

Upgrade/replace existing kitchen and food service areas; remodel Areas to reflect

contemporary student expectations in regards to food service.

2. SCOPE OF OPERATIONS

District operates six (6) community college campus sites and conducts classes in several off-campus

locations located in Pima County, Arizona. The services to be performed by the successful Vendor shall

be located at least at five District campuses, Desert Vista, Downtown, East, West and Northwest.

Vendor shall have exclusive rights to manage and operate District food services, offering all food and

services normally found in college food services and any such additional services as may be required by

the District during the term of the contract. Except for exceptions noted in General Conditions (#8).

Vendor will be required to operate the food services on a 12-month basis, for the hours noted herein, based on the District’s academic calendar.

District reserves the right, upon consultation with Vendor, to establish or change the service hours, plans or other methods of operations of the food services.

Vendor shall own all inventories of merchandise and manage District’s food services, in which food and

foodstuffs ordinarily sold in college/university student food services may be sold for a reasonable profit,

subject to such limitations and restrictions as may be established by District, following due notice, in the

best interest of the institution.


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3. MANAGEMENT

Vendor agrees to be completely responsible for the management of all food services it operates under the

contract. The Vendor shall assume all food service operating costs including, but not limited to, inventory,

labor (including management and supervisory), fringe benefits, payroll taxes, insurance, telephone,

equipment repairs/replacement, in- store security, and custodial services.

Vendor shall operate in identified Areas. Additions to or deletions from the existing spaces may be made

but shall be agreed upon in writing by the Vendor and the District’s designated representative.

Vendor shall comply with all applicable laws, codes and regulations.

Vendor shall be solely responsible for the disposition of any damaged or surplus food, foodstuffs and

materials, regardless of the cause thereof.

Vendor shall designate a representative to serve as the appropriate contact for any contract related

matters.

4. RELATIONSHIP OF PARTIES

The relationship of the Vendor to the District shall be that of an independent contractor.

District has no direct supervision of Vendor’s employees. Vendor shall provide direct supervision of all persons performing services for the Vendor under the Agreement.

Vendor will work amicably with faculty groups and organizations, students and student service organizations, and shall, through its representatives, agents, and employees, demonstrate its best efforts to integrate its performance of the contract with the overall pattern of the college community. All receipts from the food service operation shall belong to the Vendor.

5. VENDOR EMPLOYEES

Vendor shall employ qualified personnel, adequate in number, training, and experience, to provide for the efficient management and operation of the food services in accordance with the specifications.

District reserves the right to require the removal of any personnel deemed unsatisfactory by the

District.

Vendor shall ensure employees engaged in the performance of the contract adhere to all District

regulations regarding personal behavior.

District reserves the right to request replacement of the manager for good cause as determined by the

District, or for actions considered to be not in the best interest of the District.

District reserves the right to participate in the annual performance evaluation of the Food Services

Operations Manager.


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6. MAINTENANCE OF PREMISES

District

District will provide maintenance for mechanical systems and HVAC equipment, as needed, which serve food service Areas. District shall approve all plans for remodels, permanent partitions and fixtures. Approved alterations shall be at the expense of the Vendor.

District will not be responsible for in-house construction services or remodels to the facilities used by the Vendor. Vendor shall contract for all such services and remodels through qualified and licensed Vendors, obtain prior approval thereof from District and shall pay all costs therefor. Vendor

Vendor will, at its expense, maintain and make repairs in food service Areas. Vendor will be responsible for any modifications, changes, or alterations to existing facilities. Vendor shall obtain District approval for all installations or facility changes, in writing, at least ten (10) calendar days prior to the installation. Vendor shall repair, rebuild, and repaint any part of the Areas which may be damaged. Toilets, washbasins, floor drains and other fixtures and/or equipment shall not be used for any other purpose than the purposes for which they were constructed. No sweepings, rubbish and other substances shall be thrown therein.

Vendor shall request permission of District’s Representative before placing directional/informational signs. No signs, advertisements or notices of any kind shall be painted, inscribed on or affixed to any part of the premises or any part of the buildings without the prior approval of the District. The exception shall be Vendor employee postings in non-public areas controlled by the Vendor. All signs shall be of a uniform nature in all food units. The Vendor shall pay the cost of remedying or repairing damage to designated food service areas or other District property due to noncompliance.

7. LOCATION IMPROVEMENTS

Improvements to Areas and other sites shall be made in accordance with Vendor’s proposal as accepted by the District or subsequent discussion.

Any improvements to the District premises made during the term of the contract shall become the property of the District upon termination or expiration of Agreement.

8. EXISTING EQUIPMENT & FIXTURES

Equipment and fixtures currently used by the District for the operation of the food services will be available to the Vendor.

Current, prepaid maintenance contracts on District equipment which are used by the Vendor will remain in force until their normal expiration dates unless otherwise provided in the maintenance contracts.


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Vendor will have the benefit of such contracts until their expiration dates and thereafter shall provide for preventive maintenance and repairs of equipment at the Vendor’s own cost and expense.

Except as otherwise agreed between the parties, the maintenance, upkeep and replacement of, fixtures and equipment during the term of the contract shall be the responsibility of the Vendor. Repairs to District-furnished equipment and fixtures by outside sources shall be at Vendor’s expense. If District-owned items become unserviceable, by any means, the Vendor will request District disposal. Vendor will not dispose of any District-owned property.

9. EQUIPMENT & SUPPLIES FURNISHED BY VENDOR

Vendor shall provide all office machines, cash registers, POS systems, equipment, and supplies required for the efficient conduct of business. Vendor shall be responsible for providing, at its own expense, such additional equipment and fixtures as may be necessary for the successful operation of the food services. Renovations to the existing space and fixtures required for the successful operation of the food services are anticipated to be necessary and shall be made by the Vendor and at the Vendor’s expense in accordance with the plans, specifications, renderings, and drawings as may be approved by the District. The District shall approve any alterations in such plans, specifications, renderings, or drawings. The spaces and fixtures, including all renovations and additions thereto made by the Vendor, shall be owned by the District, and upon termination of the initial five (5) year lease, the Vendor shall not be reimbursed any part of the cost or expense incurred by it in renovation the spaces.

10. UTILITIES

Gas, Water, A/C, Trash Removal

District shall be responsible for utilities. District cannot guarantee an uninterrupted supply of water, steam, electricity, gas or heat or air conditioning. However, the District shall take reasonable efforts to effectuate restorations of the service following an interruption. The District shall not be liable for any product loss which may result from the interruption or failure of any such utility services.

Telephone

District will provide Vendor with access to its telephone system and use of the system currently installed, if any. Vendor shall be responsible for all costs associated with upgrades initiated by vendor, monthly equipment charges, long distance calling charges, and any new installations.

Energy Conservation Vendor shall observe all District efforts and programs to conserve energy and shall cooperate with the District in monitoring Vendor’s efforts at cooperation and compliance.

District Not Liable for Utility Failure

Vendor agrees that District shall have no responsibility or liability to Vendor, or to any third party, for any down-time and/or failures (in whole or in part) in the utility systems, including water, sewer, electrical, telephone, and computer systems, nor shall District have any responsibility for failures or downtime (in whole or in part) because of any new system installed by Vendor.


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Infrastructure Access

District will work with Vendor to provide access to the District’s infrastructure to support Vendor’s operation in providing food services to District with the understanding Vendor will be responsible for any and all costs incurred.

11. HOUSEKEEPING/MAINTENANCE

Custodial Service

Vendor is responsible for the custodial service within the food service Areas, including adjacent common areas. District shall have neither the duty nor the right to furnish janitorial or cleaning services in the food service Areas. However, Vendor may negotiate a separate contract for custodial services with the District’s contracted provider.

Vendor shall maintain good, standard housekeeping practices relative to store front windows and other glass, sweeping, dusting, disposal of trash and the keeping of aisles free of obstacles.

Material Safety Data Sheets (MSDS) for any chemicals used or stored within the food service premises shall be submitted to the District’s Environmental Health & Safety Department (EHS) on or before the first date they are brought into the District. A master set of Material Safety Data Sheets shall be maintained in the District’s EH&S. Trash Disposal/Recycling:

District will provide receptacles to be used for discarded materials.

District invites Vendor to contribute its discarded recyclable materials to the District’s recycling effort. District retains revenue generated by Vendor’s participation.

Vendor may establish its own recycling program as long as its recycling activity does not conflict or impact District activities.

Pest Control

Vendor will be responsible for pest control services in the interior food service Areas. District shall advise Vendor of District external pest control service schedules and notices of scheduled service will be posted on District premises.

Facility Security

Vendor shall cooperate with the District’s Department of Public Safety in the provision of security for the food service areas. Vendor shall be responsible for maintaining intrusion alarms and other security systems deemed necessary for the spaces used by the food service operations. Vendor shall control the distribution of keys to the food service spaces.

Vendor is responsible for training its employees in the District’s security requirements and is responsible for enforcing the security rules of the District as they apply to its employees:


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District will provide Vendor keys to food service Areas. When the food service Area is located within another District building, keys to gain access through a designated entrance will be issued or special arrangements made to allow Vendor and its employees access whenever required.

Should any employee of the Vendor lose assigned keys or access cards, or in any other way jeopardize the security of the facility, Vendor shall reimburse District for all associated costs required to re-key the building in its entirety, or any area controlled by the lost keys/cards, as applicable.

District maintains its own District Department of Public Safety for external security of the food service Areas.

12. SITE ACCESS

Agents and employees of the Vendor working in food services will be provided access to parking lots utilized by District employees.

Vendor’s agents shall use entrances, thoroughfares, and parking areas designated by the District and shall comply fully with the District’s prevailing fire, safety, traffic, parking, and security regulations.

13. ADVERTISING

Vendor shall have the exclusive right to advertise its operations on each of the District’s campuses as approved by the District’s Representative. This may include, but is not limited to, advertising store location, store operating hours, and special food sales. Exclusivity in advertising on a campus does not preclude competing food services from purchasing advertising space in student or District newspapers, or posting District-approved advertising on bulletin boards.

Vendor shall not place any signs at, on, or about the premises, except as and where first approved by the District, and the District shall have the right to remove any sign.

Vendor shall obtain prior approval from the District on all outside advertising to the general public, and for any use of District’s name or logo in promotional material.

Advertising via electronic mail shall be approved and coordinated through the District’s Representative.

14. CALENDAR & HOURS OF OPERATION

Vendor shall operate the food services on a schedule convenient to students, faculty, and the college community but no less than one (1) week prior to the start and one (1) week following the end of classes for:

Day Fall & Spring Semesters Summer Sessions Monday - Thursday 7:00 a.m. to 7:00 p.m. 8:00 a.m.to 2:00 p.m. Friday 8:00 a.m. to 3:00 p.m. Closed Saturday 8:00 a.m. to 2:00 p.m. Closed Sunday Closed Closed

.

The hours of operation above should be considered the minimum for level of food service. The District expects the Vendor to adjust its operation to support demand in each location and may expand or


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enhance service as necessary. Vendor can view the Academic calendar for college closures and class start/end dates at: http://events.pima.edu/cgi-bin/we4.0/webevent.cgi

The District shall not be responsible for any Vendor losses due to temporary suspension of operations, regardless of cause. Such suspensions may result from, but are not limited to, mechanical failure of equipment, power failure, or extraordinary weather conditions.

15. ACCEPTABILITY OF MERCHANDISE

Vendor shall stock in sufficient quantity, display, and offer for sale all food items to provide quality food service to District under this agreement.

District reserves the right to require the removal of merchandise for sale in the food services which the District considers offensive or inappropriate. Vendor agrees that all items offered for sale through any of the food services shall be of quality and character commensurate with District’s standards.

16. CLASS SCHEDULES & RELATED INFORMATION

Subject to the provisions of State and Federal laws, and upon reasonable request and notice from the Vendor, the District will make available for the Vendor’s use, enrollment data, pre-registration information, class schedules, and similar information that may be beneficial in the effective administration and operation of the District’s food services.

17. SALES POLICIES

Vendor shall price food and food products sold in the food service Areas in accordance with the competitive situation in each campus’ service area.

Vendor shall post, in conspicuous places, food service policies concerning refunds and discounts.

Vendor will make every effort to minimize the wait for customer checkout. An acceptable period is the national average as published by the National Association of College Stores (NACS).

Vendor shall provide for charge sales of food and food products.

Vendor shall be solely responsible for the collection of any debts resulting from charge cards or

otherwise.

18. GRATUITIES

District may, by written notice to Vendor, cancel this Agreement if Vendor is found to have provided to

any employee, student, student group or related organization and its employees or members gratuities, in the form of entertainment, discounts, gifts, barter, product, cash or otherwise. In the event this Agreement is canceled by District pursuant to this provision, District shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Vendor in providing such gratuities.

http://events.pima.edu/cgi-bin/we4.0/webevent.cgi


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19. LEGAL REMEDIES

All claims and controversies shall be subject to the Pima County Community College Policy regarding

Formal Protests and Appeals

20. AGREEMENT AMENDMENTS

The Agreement shall be modified only by a written amendment signed by persons duly authorized to

enter into agreements on behalf of the College and the Vendor.

21. PROVISIONS REQUIRED BY LAW

Each and every provision of law and any clause required by law to be in the Agreement shall be read

and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

22. SEVERABILITY

The provisions of the Agreement are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Agreement which may remain in effect without the invalid provision or application.

23. ADVERTISING

Vendor shall not advertise or publish information concerning the Agreement, without prior written consent of the College

24. AMERICANS WITH DISABILITIES ACT

The Vendor shall comply with all applicable provisions of the Americans With Disabilities Act and applicable federal regulations under the act.

25. CONFLICT OF INTEREST

The College may, within three years after its execution, cancel the agreement without penaly or further obligation if any person significantly involved in negotiating, drafting, securing or obtaining the agreement for or on behalf of the College becomes an employee of or a consultant in any capacity to any other party to the agreement with reference to the subject matter of the Agreement while the Agreement or any extension thereof is in effect or as otherwise provided by A.R.S. §38-511.

26. DRUG FREE WORKPLACE

The Vendor agrees that in the performance of the Agreement, neither the Vendor nor any employee of the Vendor shall engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity covered in the Agreement. The College reserves the right to request a copy of the Vendor Drug Free Workplace Policy. The Vendor further agrees to insert a provision similar to this statement in all subcontracts for services required.

27. EQUAL OPPORTUNITY


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The provisions of Section 202 of Executive Order 11246.41 C.F.R. Sec. -0-1.4.41 Sec 60-250.4 and 41 C.F.R. Sec. 60-7414.4 are incorporated herein by reference and shall be applicable to the Agreement unless the Agreement is exempted under the rules, regulations or orders of the U.S. Secretary of Labor.

28. FEDERAL, STATE AND LOCAL TAXES, LICENSES AND PERMITS

Vendor is solely responsible for complying with all laws, ordinances, and regulations on taxes, registrations, licenses and permits, as they may apply to any matter under this document. The Vendor must demonstrate that they are duly licensed by whatever regulatory body may so require during the performance of the Agreement. Prior to the commencement of Agreement, the Vendor shall be prepared to provide evidence of such licensing as may be requested by the College. Vendor shall, at no expense to the College, procure and keep in force during the entire period of the Agreement all sub permits and licenses.

29. LIENS

Each Vendor shall keep the College free and clear from all liens asserted by any person or entity for any reason arising out of the furnishing of services or materials by or to the Vendor.

30. SEXUAL HARASSMENT

Federal law and the policies of the College prohibit sexual harassment of College employees or students. Sexual harassment includes any unwelcome sexual advance toward a College employee or student, any request to a sexual favor from a College employee or student, or any other verbal or physical conduct of a sexual nature that is so severe or pervasive as to create a hostile or offensive working or educational environment for College employees or students. Vendor, subcontractors and suppliers for this project are required to exercise control over their employees so as to prohibit acts of sexual harassment of College employees and students. The employer of any person whom the College, in its reasonable judgment, determines has committed an act of sexual harassment agrees as a term and condition of the Agreement to cause such person to be removed from the project site and from College premises and to take such other action as may be reasonably necessary to cause the sexual harassment to cease.

31. SMOKING

Vendor shall comply with the Smoke Free Arizona Act and to promote public health on College property, the College limits smoking, e-cigarette, and tobacco product use on its property to designated outside areas only, in conformity with the requirements of A.R.S. §36-601.01 and related County Code provisions and City ordinances. The Vendor is required to comply with this smoke free policy.

32. CONFIDENTIALITY

The parties shall comply with 20 USC Section 1232(g), the Buckley Amendment to the Family Educational Right and Privacy Act of 1974. Therefore, Contractor shall not be entitled to receive Employee or Student information directly from the College, other than public information available in any College directory which is not protected by federal or state privacy or confidentiality statutes or regulations. Contractor may solicit Employee and Student information directly from Employees and Students subject to prior disclosures by Contractor of all intended uses of such information. Regardless of the Employee or Student personal information, even if such information is publicly available via directories, Contractor shall under no circumstances sell, duplicate, market, or give to any person or persons, entities or other companies a list or other personal information of any or all Employees or Students. All Employee and Student identities and personal information shall remain confidential. Disclosure by Contractor occurring without the express prior written consent of the Employee or Student shall result in the immediate termination of this agreement.


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33. ASSIGNMENT-DELEGATION

No right or interest in the Agreement shall be assigned or delegated by Vendor without the prior written permission of the College. Any attempted assignment or delegation by Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

34. INTELLECTUAL PROPERTY RIGHTS

It is understood and agreed that ownership of intellectual property developed as a result of fulfilling the requirements of this Agreement belongs solely and exclusively to the College. Documents provided in connection with the Agreement belong to the College and are being used with permission. Intellectual property, as used herein, means all forms of legally protectable intellectual property, including copyrights, trademarks, inventions, patent applications, patents and mask works, drawings and/or blueprints. It is also understood and agreed that any intellectual property created as a result of Vendor’s performance of this Agreement is considered a work for hire under the U.S. copyright laws and as such, the College will own the copyright.

35. LAWS AND REGULATIONS

Vendor is solely responsible for keeping themselves fully informed of and faithfully observing all laws, ordinances, and regulations affecting the rights of their employees, and shall protect and indemnify the College, its officers and agents against any claims of liability arising from or based on any violation thereof.

36. PAYMENT TERMS

Payments by the College shall be subject to the provision of Title 35 of Arizona Revised Statutes, relating to time and manner of submission of claims. The College’s obligation is payable only and solely from funds appropriated for the purpose of the Agreement. Unless otherwise stated herein, the payment terms for the Agreement are Net 30 days.

37. PRICE ADJUSTMENT

Price changes will normally only be considered at the end of one Agreement period and the beginning of another. Price change requests shall be in writing, submitted at least sixty (60) days prior to the end of the current Agreement period, and shall be supported by written evidence of increased costs to the Vendor. The College will not approve unsupported price increases that will merely increase the gross profitability of Vendor at the expense of the College. Price change requests shall be a factor in the Agreement extension review process. The College shall, in its sole opinion, determine whether the requested price increase or an alternate option is in the best interest of the College.

38. PRIOR COURSE OF DEALINGS

No trade usage, prior course of dealing, or course of performance under other agreements shall be a part of this Agreement resulting from this RFP, nor shall such trade usage, prior course of dealing or course of performance be used in the interpretation or construction of such resulting agreement.

39. RIGHT TO OFFSET

The College shall be entitled to offset against any sums due the Vendor, any expenses or costs incurred by the College, or damages assessed by the College concerning the Vendor’s non-conforming performance or failure to perform the Agreement, or any other debt owing the College.


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40. INSOLVENCY

The College shall have the right to terminate the Agreement at any time in the event Vendor files a petition in bankruptcy; or is adjudicated bankrupt; or if a petition in bankruptcy is filed against Vendor and not discharged within thirty (30) days; or if Vendor becomes insolvent or makes an assignment for the benefit of its creditors or an arrangement pursuant to any bankruptcy law; or if a receiver is appointed for Vendor or its business.

41. STOP WORK ORDER

The College may at any time, by written order to the Vendor, require the Vendor to stop all or any part of the work called for by the Agreement for a period of up to ninety (90) days after the order is delivered to the Vendor, and for any further period to which the parties may agree. The order shall be specifically identified as the Stop Work Order issued under this provision. Upon receipt of the order, the Vendor shall immediately comply with its terms and take all reasonable steps to minimize the incidence of costs allocable to the work covered by the order during the period of work stoppage. If a Stop Work Order issued under this provision is canceled or the period of the order or any extension expires, the Vendor shall resume work. The College shall make an equitable adjustment in the delivery schedule or Agreement price, or both, and the Agreement shall be amended in writing accordingly.

42. SUSPENSION OR DEBARMENT

The College may by written notice to the Vendor immediately terminate the Agreement if the College determines that the Vendor has been debarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor or Vendor of any public procurement unit or other governmental body.

43. CONTINUATION OF PERFORMANCE THROUGH TERMINATION

The Vendor shall continue to perform, in accordance with the requirements of Agreement, up to the date of termination, as directed in the termination notice.

44. FEDERAL IMMIGRATION LAWS AND REGULATIONS

Vendor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(a) and that it requires the same compliance of all subcontractors under the agreement. Vendor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of the agreement subject to penalties up to and including termination of the agreement. The College retains the legal right to audit the records of the Vendor and inspect the papers of any employee who works for the Vendor to ensure compliance with this warranty and the Vendor shall assist in any such audit. The Vendor shall include the requirements of this paragraph in each contract with subcontractors under the agreement.

If the Vendor or subcontractor warrants that it has complied with the employment verification provisions

prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify

requirements prescribed by A.R.S. § 23-214(A), The Vendor or subcontractor shall be deemed to be in

compliance with this provision. The College may request proof of such compliance at any time during the

term of the Agreement by the Vendor and any subcontractor.


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45. EXTENDED CONTRACT

The College is an active member of the Strategic Alliance for Volume Expenditures (S.A.V.E.)

cooperative agreement. Under this Cooperative Purchasing Agreement, and with the concurrence of the

successful Proposer, other members of this organization may access any subsequent agreement/contract

resulting from this solicitation. If the Proposer does not want to grant such access, it must be stated in

their Proposal. In the absence of a statement to the contrary, the college will assume that access is

granted by the Proposer to any subsequent agreement/contract.


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AGREEMENT

THIS AGREEMENT, made this day of in the County of Pima, State of Arizona, by and between the Pima County Community College District (“District”), and , (“Vendor”),

WITNESSETH that the Owner and the Vendor for the considerations stated herein agree as follows:

ARTICLE 1 - SCOPE OF WORK. The Vendor shall provide all food service management and operation, including purchase of foodstuffs, preparation and service thereof at the locations identified in the specifications, capital improvements and tenant improvements, fixtures and equipment, as herein defined, and shall provide all labor, materials, tools, utility services, and transportation to furnish all of the labor, materials, foodstuffs and food products, preparation and service thereof as required in connection with the following:

FOOD SERVICE OPERATION PIMA COUNTY COMMUNITY COLLEGE DISTRICT

TUCSON, AZ

in strict compliance with the contract documents as specified in Article 4 below.

ARTICLE 2 – TERM. This Agreement is effective _________________ and for a term of five (5) calendar

years, terminating on ______________________________, subject to renewal by mutual agreement of the parties for an additional term of five (5) calendar years on terms and conditions acceptable to the parties.

ARTICLE 3 - CONTRACT PRICE. The Vendor shall provide to the Owner as full consideration for the faithful

performance of the contract, subject to any additions or deductions as provided in the contract documents, and including any applicable sales, use or other taxes or costs, the license fee identified in the Vendor’s proposal and by this reference incorporated in full herein.

ARTICLE 4 - COMPONENT PARTS OF THE CONTRACT. The contract entered into by this Agreement consists of the following contract documents all of which are component parts of the contract as if herein set out in full or attached hereto:

Request for Proposal

Vendor’s Proposal (as accepted by District).

Mandatory Responses

Addenda


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The above-named contract documents are intended to be complementary. Work required by one of the above-named contract documents and not by others shall be done as if required by all. This agreement shall supersede any prior agreement of the parties.

IN WITNESS WHEREOF, this Agreement has been duly executed by the above-named parties, on the day and year first above written.

Pima County Community College District: Vendor Name:

By:

By:

Title:

Title:

Print Name Above ___________________________ Print Name Above ________________________


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ATTACHMENT “A” _

Using this form, please list and fully detail any exceptions you may have to the terms and conditions of this agreement. Absence of such exceptions shall indicate full acknowledgment and acceptance by the Vendor of the terms and conditions as specified herein.

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


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Proposal Form

Date __________________________________

Proposal of ___________________________________________________________________,

(Name)

a corporation organized and existing under the laws of the State of ______________________; a partnership

consisting of ________________________________________; an individual trading as

_______________________________________________________________.

(Name)

Request for Proposal: ______________________________________

[provide title or brief description]

To: Pima County Community College District (“College”)

1. In compliance with your Request for Proposal No. __________, the undersigned hereby offers to

furnish the services designated in the RFP, in strict accordance with the RFP, upon written notice of acceptance

of this Proposal at any time within thirty (30) days after the date of opening of the Proposals, and to execute the

Contract in accordance with the Proposal as accepted within five (5) days after the Contract is presented for

signature.

2. The undersigned Proposer hereby acknowledges receipt of the following Addenda, if any:

Addendum No. Date

____________________ _____________________

____________________ _____________________

____________________ _____________________

3. The undersigned Proposer understands that the College reserves the right to reject any or all Proposals

or to waive any formality or technicality, as determined by the College in its sole discretion, in any Proposal in the

interest of the College.

4. The undersigned Proposer hereby certifies and affirms that this Proposal is genuine and not a

sham or collusive, nor made in the interest or behalf of any person not herein named, and that the undersigned

Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham bid, or any other

person, firm, or corporation to refrain from bidding, and that the Proposer has not in any manner sought by

collusion to secure for itself an advantage over any other Proposer.

5. The undersigned certifies that to the best of his/her knowledge: (check only one)

( ) There is no officer or employee of Pima Community College who has, or would have, or

whose relative has, or would have, a substantial interest in any contract resulting from this

request.

( ) The names of any and all public officers or employees of Pima Community College who

have, or would have, or whose relative has, or would have, a substantial interest in any contract

resulting from this request, and the nature of the substantial interest, are included below or as an

attachment to this Proposal.


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_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

6. The Proposer certifies, to the best of its knowledge and belief, that:

(i) The Proposer and/or any of its Principals or Owners:

(A) (check one) are ( ) or are not ( ) presently debarred, suspended, proposed for

debarment, or declared ineligible for the award of contracts by any governmental agency.

(B) (check one) have ( ) or have not ( ), within a three year period preceding this offer,

been convicted of or had a civil judgment rendered against them for: commission of fraud

or a criminal offense in connection with obtaining, attempting to obtain or performing a

public (federal, state or local) contract or subcontract; violation of federal or state antitrust

statutes, rules or regulations relating to the submission of offers; or commission of

embezzlement, theft, forgery, bribery, falsification or destruction of records, making false

statements, tax evasion; or receiving stolen property; and

(C) (check one) are ( ) or are not ( ) presently indicted for, or otherwise criminally or

civilly charged by a governmental entity with, commission of any other of the offenses

enumerated in paragraph (i)(B) of this provision.

(ii) The Proposer (check one) has ( ) or has not ( ), within a three year period preceding

this offer, had one or more contracts terminated for default by any governmental agency.

“Principals,” for the purposes of this Proposal, means officers, directors, owners, partners and

persons having primary or substantial management or supervisory responsibilities within a

business entity.

7. The certifications in paragraphs 4, 5 and 6 of this Proposal are material representations of fact

upon which reliance will be placed when making an award. If it is later determined that the Proposer knowingly

rendered an erroneous certification, in addition to other remedies available to the College, the College may

terminate the contract resulting from this solicitation for default.

______________________________________

(Official Name of Firm)

SEAL - If Bidder is a ______________________________________

Corporation (Signature)

______________________________________

(Print Name)

______________________________________

(Title)

_______________________________________

(Complete Business Address)

_______________________________________

(Email Address)

_______________________________________

(Federal Taxpayer ID Number)


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Exhibit “A”

mdworschak

Text Box

Initial vendor Areas are noted in green.

mdworschak

Pencil

Split.