REQUEST FOR PROPOSAL FOOD SERVICE AND COFFEE SHOP

OPERATIONS

RFP Number: 2-RFP-17-017 Submission Date: March 20, 2017 Submission Time: 2:00 P.M. Mandatory Pre-Proposal Meeting: WEEK OF MARCH 6, 2017

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FOOD SERVICE AND COFFEE SHOP OPERATIONS FOR OKLAHOMA CITY COMMUNITY COLLEGE (OCCC)

CONTRACTORS: Proposals are being accepted to award a contract for the Food Service and Coffee Shop Operations for Oklahoma City Community College (OCCC) in accordance with the standard terms and conditions and specifications set forth in this Request for Proposal (RFP). Proposals must be received at the address noted below and no later than the date and time of the submission deadline. All proposals must be clearly marked as a sealed proposal with the RFP Number, Opening Date and Time on the outside of the envelope or packing containing the Proposal. OCCC reserves the right to reject any or all proposals. Proposal submissions MUST meet all general and specific terms and contain the following:

1. Detailed response to the RFP 2. Statement of Price 3. Certification for Competitive Bid and Contract (Non-Collusion Certification) 4. Supplier Contract Affidavit 5. Certificate of Compliance, if applicable

RFP Number: 2-RFP-17-017 Proposal Delivery Address: Date Issued: February 15, 2017 Mr. Craig Sisco, Director of Purchasing Submission Deadline Date: March 20, 2017 Oklahoma City Community College Time: 2:00 P.M. CST John Massey Center, Purchasing Dept. Room 140 7777 South May Avenue Oklahoma City, OK 73159 CERTIFICATION: Upon signing this Proposal;, the Contractor certifies that the Standard Terms and Conditions and specification have been read as set forth in the RFP, understands such and agrees to be bound by these Standard Terms and Conditions and specifications when a contract is entered into pursuant to this RFP. The Contractor also agrees that the proposal incorporates the Standard Terms and Conditions and specification of this RFP and is the complete and exclusive statement of the terms of the agreement between the parties, which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the RFP. Proposal that are not signed will be rejected. ________________________________________ ____________________________ Name of Firm Federal Tax ID # ________________________________________ ____________________________ Address, City State, Zip Email Address ________________________________________ ____________________________ Printed Name Title ______________________________________ ____________________________ Signature of Authorized Individual Date

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TABLE OF CONTENTS 1.0 General Information

1.1 Introduction 1.2 College Information 1.3 Schedule of Events 1.4 Independent Contractor 1.5 Other Vendor Agreements

2.0 Proposal Request

2.1 Issuing Office 2.2 Mandatory Pre-Proposal Meeting 2.3 Electronic Copies of RFP 2.4 Clarification of the RFP 2.5 Cost for Proposal Preparation and Campus Visits

3.0 Proposal Information

3.1 Submission of Proposals 3.2 Response Format 3.3 Contents of Proposal 3.4 Official Contractor’s Representative 3.5 Financial Information Requested 3.6 Account Listing 3.7 Accounts Lost 3.8 New Accounts 3.9 Proprietary Information 3.10 Addendum 3.11 Modification or withdraw of Bids/Proposals 3.12 Selection, Negotiation, Additional Information 3.13 Clarification of Proposals 3.14 Food Service and Coffee Shop Operating Experience 3.15 Financial Reports 3.16 Transition Plan 3.17 Pre-Award Presentations 3.18 User Survey 3.19 Minimum Specifications

4.0 General Provisions

4.1 Contractor’s Obligation to Indemnify, Hold Harmless and Defend 4.2 Equal Employment Opportunity/Non-Discrimination 4.3 Insurance 4.4 Performance Bond 4.5 Comply with Laws 4.6 Assignment/Subcontracting

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4.7 Invoice and Payment Provisions

5.0 Specifications / Requirements 5.1 Food Service Operations 5.2 Coffee Shop Operations 5.3 Alcoholic Beverages / Tobacco Use

6.0 Operational Responsibilities

6.1 Supply Inventory 6.2 Inventory 6.3 Cost and Expenses 6.4 Managers on Duty 6.5 Food Service/Coffee Shop Committee Representative Meetings 6.6 Accounts and Records 6.7 Financial Credit 6.8 Joint OCCC Contractor Responsibilities

7.0 Staffing

7.1 Management Structure and Support Personnel 7.2 Personnel 7.3 Current Non-Management Employees 7.4 Substitute Personnel 7.5 Employee Conformance 7.6 Employment for Students

8.0 Physical Structure / Furnishings

8.1 Uniforms 8.2 Housekeeping 8.3 Access to Premises 8.4 Utensils and Kitchenware 8.5 Service and Catering Items 8.6 Equipment and Furnishings 8.7 Equipment Maintenance 8.8 Utilities 8.9 Pest Control 8.10 OCCC Insurance 8.11 Garbage Removal 8.12 Damage to the Premises 8.13 Spaces Allocated 8.14 Contractor Owned Vending

9.0 Contract Terms and Conditions

9.1 Reservation 9.2 Ethical Standards

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9.3 Compliance with Provisions 9.4 Term of Contract 9.5 Termination Provisions 9.6 Termination for Default/Show Cause Letter/Certain Remedies 9.7 Contract Guidelines 9.8 Contract Negotiation 9.9 Food Service/Coffee Shop Annual Fee – Pricing After the Initial Contract Year 9.10 Contract Status 9.11 Contract Components 9.12 Law and Regulations 9.13 Contract Implementation 9.14 Choice of Law and Venue 9.15 Reporting Requirement 9.16 Equal Opportunity Employer 9.17 Americans with Disabilities Act 9.18 Debarment and Suspension 9.19 Environmental 9.20 Anti-Lobbying 9.21 Access to Records 9.22 Federal, State and Local Taxes, Licenses and Permits 9.23 Indemnification Requirements 9.24 Limitation of Liability 9.25 Conflict of Interest 9.26 Intellectual Property Licenses and Releases

10.0 Selection Criteria

10.1 General 10.2 Initial Classification of Proposals as Responsive or Nonresponsive 10.3 Contractor Evaluation

11.0 Contract Cost Proposal

11.1 Food Service Operations 11.2 Coffee Shop Operations

APPENDICES Appendix A – Required Forms Supplier Contract Affidavit Certification for Competitive Bid and Contract (Non-Collusion Certification) Certificate of Compliance Appendix B – No Bid Response Form Appendix C – Coffee Shop Drawing Appendix D – Coffee Shop Seating Layout

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REQUEST FOR PROPOSAL FOR CONTRACTING THE FOOD SERVICE AND COFFEE SHOP OPERATIONS FOR OKLAHOMA CITY COMMUNITY COLLEGE

1.0 GENERAL INFORMATON

1.1 Introduction Oklahoma City Community College, hereinafter referred to as OCCC, will consider proposals for Food Service and Coffee Shop operations, exclusive of vending machines outside of the College Union, in the OCCC Cafeteria and or Coffee Shop as deemed necessary and in the best interest of OCCC. OCCC invites Food Service and Coffee Shop management companies, hereinafter referred to as Contractor, to submit responses to this Request for Proposal (RFP) for the operations of such in accordance with the RFP specifications and terms and conditions.

1.2 College Information

OCCC is a two-year community college, which first opened in 1972. It has grown to serve more than 28,000 students per year. It offers a full range of associate degree programs, which prepare students to transfer to baccalaureate institutions. Other degree and certificate programs are designed to prepare students for immediate employment in a variety of fields. Additionally, OCCC offers a wide range of community and continuing education courses, workshops, conference, and seminars. Facilities include a 6,000 square foot open meeting area, three 1,800 square foot conference rooms, one boardroom, two small meeting rooms and free convenient parking. In February 2014 the 1,049 seat, state-of-the-art OCCC Visual and Performing Arts Center Theater opened. Services include wireless technology capability, internet access, AV equipment with overhead and LCD projection as well as catering service. OCCC employs 523 full-time faculty and staff; and 672 part-time faculty and staff. The above information does not indicate the number of persons occupying the building at a particular time.

1.3 Schedule of Events

The following schedule will apply to this RFP, but may change in accordance with the College’s needs.

Release of RFP February 15, 2017

Mandatory Pre-Proposal Meeting March 7, 2017; 10:00 a.m. – 12:00 p.m.

Last Day/Time to Submit Written Questions March 10, 2017; 1:00 p.m. CST

Submission Deadline March 20, 2017; 2:00 p.m. CST

Evaluation Period March 21 – 24, 2017

Interviews/Presentations Week of March 27 – 31, 2017

Estimated Award Date Notification Week of April 10, 2017

Delivery Performance Bond to OCCC No later than May 15, 2017

Transition Period, if necessary June 1, 2017 – June 30, 2017

Contract Start Date July 1, 2017

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PLEASE NOTE: OCCC campus is closed March 13-17, 2017 for spring break. Any questions submitted during this time will be addressed when normal business hours resume March 20, 2017

1.4 Independent Contractor The relationship of the Contractor and OCCC shall be that of an Independent Contractor, any other provision herein withstanding. No employees or agents of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under these specifications, are employees of OCCC.

1.5 Other Vendor Agreements

OCCC has an agreement with two companies, which allows them to be the exclusive provider of soft drinks (Bottling Group, LLC (Pepsi products) and snack vending (Imperial, Inc.) on campus exclusive of the Food Service/Coffee Shop operation area.

2.0 PROPOSAL REQUEST 2.1 Issuing Office

The Office of the Chief Financial Officer, Oklahoma City Community College, issues this RFP. The Purchasing department located at 7777 South May Avenue, Oklahoma City, Oklahoma is the sole point of contact between Contractors and OCCC for the selection process. Personal contact for information in accordance with this RFP:

Mr. Craig Sisco, Director of Purchasing Oklahoma City Community College Purchasing Department michael.c.sisco@occc.edu

OCCC will provide written notification of OCCC intent to award the contract.

2.2 Mandatory Pre-Proposal Meeting

There will be a mandatory Pre-Proposal Meeting on Tuesday March 7, 2017 at 10:00 a.m. in the John Massey Center Room 131 on the OCCC Main Campus, 7777 South May Avenue, Oklahoma City, Oklahoma. Attendance at this meeting is a prerequisite to submitting a proposal. Contractors can tour the Food Service and Coffee Shop production facilities and the dining facilities. This will be the only opportunity for Contractors to visit food production areas. Failure to attend the entire Pre-Proposal Meeting will disqualify a Contractor.

2.3 Electronic Copies of RFP

Electronic copies of the RFP will be distributed to Contractors by email or can be downloaded from the Purchasing website located at www.occc.edu/purchasing.

2.4 Clarification of the RFP

Contractors may submit written questions regarding the specifications or requirements of the RFP. Written questions must be received by OCCC no later than 1:00 p.m. CST on March 10, 2017. Written answers to all questions received prior to the deadline will be furnished only to Contractors that were present for the Pre-Proposal Meeting and will

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become part of the RFP. Questions will not be answered over the phone and phone or voice messages received regarding this RFP will not be returned. If OCCC determines that it should provide additional information or clarification, or if additional requirements are needed, Contractors will be notified by written addendum. All or any addenda issued must be acknowledged by the Contractor on the RFP submitted.

2.5 Costs for Proposal Preparation and Campus Visits

OCCC will not reimburse the Contractor for costs incurred in the preparation and submission of proposals, nor will OCCC reimburse Contractors for expenses related to visiting the campus or providing on-campus presentations related to the proposals.

3.0 PROPOSAL INFORMATION 3.1 Submission of Proposals

Contractors shall provide one (1) original and signed copy and four (4) bound copies of the RFP, including acknowledgement of addenda issued and one (1) electronic copy in compact disc or flash drive format. Please do not password protect compact disc or flash drive. Sealed written proposals will be received at 2:00 p.m. central standard time on March 20, 2017, at the following address: Mr. Craig Sisco, Director of Purchasing Oklahoma City Community College Purchasing Department, John Massey Center, Room 140 7777 South May Avenue Oklahoma City, Oklahoma 73159 All proposal packages submitted must be signed, sealed and labeled. The below sample label must be used on the envelope.

Bid No: 2-RFP-17-017 RFP Due Date: March 20, 2017 RFP Due Time: 2:00 p.m. Offeror’s Name: ____________________________ Offeror’s Address: ____________________________ ____________________________ Project Title: Food Service and Coffee Shop Operations for OCCC Deliver this package to the Purchasing Office – JMC RM 140

It is mandatory that the RFP package label, as shown above, is used or this exact information is provided on the outside of the sealed proposal package. Failure to do so may cause the proposal to be rejected. Proposals must be signed by an official authorized to bind the Contractor to the resulting contract. Any literature descriptive of the Contractor must be submitted with the original and electronic proposals.

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Contractors are cautioned that only written information contained in this RFP (including any amendments and addenda) are to be relied upon for preparation of a proposal. Each Contractor is solely responsible for the timely delivery of the proposal by the specified deadline. State law requires the proposal be submitted no later than the date and time specified in this RFP. Contractors mailing proposals should allow a sufficient mail delivery period to ensure timely receipt of their proposals by the issuing office. Once again, timely receipt is on or prior to 2:00 p.m. on March 20, 2017. Any proposals received after the scheduled date and time are immediately disqualified. All proposals shall be guaranteed and binding for a period of not less than one-hundred and twenty (120) days past the proposal submission deadline.

3.2 Response Format

Beginning with the first subsection, Contractors must respond to each subsection of this RFP in the same paragraph and item number sequence, stating first the requirement and then providing their response. For those paragraphs or items not requiring a specified response, Contractors may respond with concurrence or acknowledgement. Reference to handbooks or other technical documentation may be used to augment the response to an item but may not constitute the entire response. Reference to handbooks and technical documentation must include the paragraph and page number of the reference document. Brochures and bulky publications should be separate from the written response.

3.3 Contents of Proposal

A. Contractors should include as part of their proposal all of the provisions of this RFP and furnish all required information.

B. If the Contractor submits standard terms and conditions with the proposal, and if any

of those terms are in conflict with the laws of the State of Oklahoma, State laws shall govern. Standard terms and conditions submitted will be amended to adequately reflect all of the conditions of this RFP.

C. All agreements of any nature requiring execution by OCCC must be submitted with the proposal.

D. These documents should be amended by the Contractor in accordance with subsection 9.7 of this document.

E. A sample contract must be submitted with the Proposal for review if required by the Contractor and will later require the signature of OCCC officials.

F. OCCC reserves the right to reject any proposal that does not comply with their requirements and specifications of the RFP. An offer may be rejected if the offer contains or imposes terms or conditions that would modify the requirements of the RFP or limit the offerors’ liability to the State of Oklahoma or OCCC.

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3.4 Official Contractor’s Representative The name, mailing address, telephone, e-mail address and fax number of the Contractor’s authorized agent with authority to bind the firm with respect to questions concerning the Contractor’s proposal must be clearly stated in the proposal. The proposal and the letter which transmits the proposal to OCCC must be signed by an authorized officer of the Contractor.

3.5 Financial Information Requested

The Contractor’s Dunn and Bradstreet rating and audited financial statements for the past two (2) years must be included in the proposal. If these are not available, state why and provide alternate equivalent information. The Contractor must submit evidence of its net worth to meet the operational requirements of the contract.

3.6 Account Listing

The Contractor must include a listing of all OCCC, Business, College, and University Food Service and Coffee Shop accounts operated by the Contractor. This list is to contain the name, telephone number, and e-mail address of the primary institution contract administrator for each location and the telephone number and e-mail address of the Chief Business Officer of each institution listed. It shall also include the number of years of service for each account.

3.7 Accounts Lost

The Contractor must include a list of all Business, College, and University Food Service and Coffee Shop accounts which were cancelled or not renewed during the immediate past three (3) years. This list is to contain the name, telephone number, and e-mail address of the primary institution contract administrator for each location and the telephone number and e-mail address of the Chief Business Officer of each institution listed. The list must also include the years of service.

3.8 New Accounts The Contractor must include a list of all Business, College, and University Food Service and Coffee Shop operations that have been gained in the last thirty-six (36) months. This list is to contain the name, telephone number, and e-mail address of the primary institution contract administrator for each location and the telephone number and e-mail address of the Chief Business Officer of each institution listed. Please also include the length of service of each new contract.

3.9 Proprietary Information

All proposals submitted in response to this RFP will become the property of OCCC and will be open to public inspection after the proposal opening in accordance with the laws of the State of Oklahoma.

3.10 Addendum

Written addenda will be issued for any changes in the proposal specifications. Only written communication is binding of the College.

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3.11 Modification or Withdrawal of Proposal Proposals may be modified or withdrawn, by the bidder, prior to the established due date and time. All modifications to the bidders proposals must be communicated in writing to the Purchasing department contact or designee and modifications mailed or delivered in a sealed envelope using the sample label indicated in section 3.1 and referenced as a modification to Contractor’s original submitted proposal. Modifications mailed or delivered must be received by OCCC Purchasing office by the due date indicated in this RFP.

3.12 Selection, Negotiation, Additional Information

OCCC is not bound to accept the lowest priced proposal if not in the best interest of the College. The College reserves the right to negotiate with any vendor or vendors to arrive at its final decision and to request additional information or clarification on any matter included in the proposal. The selected proposal will be the most advantageous offer for the state determined by evaluation and comparison of other factors in addition to cost or price. Prior to award, OCCC may elect to conduct negotiation with the highest ranked respondents for the purposes of:

Resolving minor differences and informalities;

Clarifying necessary details and responsibilities;

Emphasizing important issues and points;

Receiving assurances from respondents, and;

Exploring ways to improve the final contract.

3.13 Clarification of Proposals Contractors may be required to clarify or further explain their proposals. Any clarification will be reduced to writing by the Contractor and will be considered part of the proposal. Refusal by a Contractor to comply with this requirement will be cause for rejection of the proposal.

3.14 Food Service and Coffee Shop Operating Experience

The Contractor shall have at least five (5) years of experience in Business, College, and University Food Service and Coffee Shop operations, including but not limited to substantive catering for small and large events.

3.15 Financial Reports

The Contractor must submit a detailed description of the type of financial reports, other than those required in section 6.6, the Contractor will provide to OCCC. OCCC will have the right to inspect and audit the Contractor’s financial records with respect to the operation of the Cafeteria and Coffee Shop. This includes but is not limited to invoices for food, beverage, supplies, wage records, bank statements and other financial records and documents that support the financial activities of the operation. The Contractor shall keep full and accurate records and accounts in connection with the Food Service and Coffee Shop operations. (See section 6.6 of this RFP)

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3.16 Transition Plan Within its proposal, the Contractor shall submit a contract transition plan on or before May 1, 2017 that should be timed to take effect no later than June 30, 2017. Such a plan should include key tasks and dates related to the successful orientation of the Contractor’s Food Service and Coffee Shop employees to the new program. First day of classes for the Fall Semester is August 21, 2017.

3.17 Pre-Award Presentations

As part of the proposal evaluation process, the College may require presentations from the highest ranked respondents. Presentation will be at prospective vendor’s expense.

3.18 User Survey

The Contractor shall conduct, at least once each fall and spring semester, a user survey to identify food and beverage preferences, attitudes, and degree of satisfaction with Food Service and Coffee Shop operations. The survey instrument, as well as the results of the survey, must be made available to OCCC.

3.19 Minimum Specifications

The services described herein indicate minimum specifications required for a Food Service and Coffee Shop Operations Program at OCCC. Contractors responding to this RFP should outline a complete program which they would propose and include the corresponding charges to OCCC, and any other pertinent factors they wish OCCC to consider in evaluating their proposals.

4.0 GENERAL PROVISIONS

4.1 Contractor’s Obligation to Indemnify, Hold Harmless and Defend Contractor without exception shall indemnify and hold harmless OCCC, its Regents, administration, employees, students, and any agent authorized to act on behalf of OCCC from any liability of any nature or kind and from any and all damages to persons and property resulting from or alleged to result from activities, acts or omissions of Contract and of Contractor’s agents, and also to hold harmless from any losses or damages which should arise due to failure of any utility service or any act causing interruption of Contractor’s operation outside the control of OCCC. A party shall not be liable for any claims, demands, actions, costs expenses and liabilities, including attorneys’ fees, which may arise in connection with the actions or failure to act of the other party or its employees, officers, directors or agents in performing any of their obligations under this Contract unless so ordered by a court of competent jurisdiction. OCCC’s liability is governed and limited by the Oklahoma Governmental Tort Claims Act.

4.2 Equal Employment Opportunity / Non-Discrimination

Contractor will not discriminate against any employee or applicant because of race, creed, color, sex, age, disability, religion, or national origin, and will make a diligent and continuing effort to insure that all persons are afforded equal employment opportunities without discrimination because of race, creed, color, sex, age, disability, religion, or national origin. Equal opportunity shall apply to recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, lay-off, termination, rate of pay,

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all other forms of compensation, and selection for training. The enumeration of the foregoing items shall not be limited to the scope of the application of this equal employment opportunity provision. Contractor will state, in all solicitations or advertisements for employees, that all qualified applications will be afforded equal employment opportunities without discrimination because of race, creed, color, sex, age, disability, religion or national origin. Contractor shall state its non-discrimination and/or affirmative action policy.

4.3 Insurance

It is the intention of OCCC that Contractor be an independent Contractor and not an employee under this agreement. In order to protect OCCC from liability, the successful Contractor shall agree to maintain at his/her own cost malpractice insurance in the minimum amount of $1,000,000 to cover activities of Contractor. All policies shall contain a covenant requiring thirty (30) days written notice to OCCC before cancellation, reduction, or modifications. All policies shall be primarily and non-contributing with any insurance carried by OCCC. Upon notification of intent to award, Contractor shall furnish OCCC a certificate of insurance. Insurance shall be effective and evident of acceptable insurance furnished to OCCC, prior to commencing any operations under this Contract. Contractor shall obtain and maintain in full force at all times during the term of this Contract insurance coverage naming the State of Oklahoma acting through OCCC, as a certificate holder that includes –

Comprehensive General Liability in the amount of $1,000,000 per occurrence and of $1,000,000 in the aggregate.

Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a minimum combined limit of $1,000,000 per occurrence for bodily injury and property damage.

Workers Compensation with limits required by the State of Oklahoma and with Employer’s Liability limits of $500,000 per accident.

If insurance policies are not written for amounts specified above, Contractor shall carry Umbrellas or Excess Liability Insurance for any differences in amounts specified. If Excess Liability is provided, it shall follow the forms of the primary coverage. Each policy of required insurance shall provide for ten (10) days written notice of cancellation to the Owner and include the following provisions, “It is a condition of this policy that the Company shall furnish written notice to Oklahoma City Community College, Purchasing Department, 7777 S. May Avenue, Oklahoma City, Oklahoma 73159, ten (10) days written notice in advance of any reduction in, or cancellation of this policy.” At the beginning of each contract period, the Contractor shall furnish certificates to OCCC showing that such insurance is in effect. In the event that Contractor shall fail to maintain and keep in force product liability insurance, general liability insurance, property damage insurance, and worker’s compensation insurance, OCCC shall have the right to cancel and

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terminate the agreement immediately without notice. The protection afforded under the policies will not be canceled or reduced until at least thirty (30) days after notice is sent to OCCC by the insurance company or agent. The insurance company provider must have an A.M. Best rating of A+ VIII.

4.4 Performance Bond

Contractor will be required to furnish for the life of the contract a Performance Bond, in a form satisfactory to OCCC and issued by a Surety Company authorized to do business in the State of Oklahoma, in the amount of $50,000. If any surety upon any bond furnished in connection with the contract becomes insolvent, or otherwise not authorized to do business in this state, the Contractor shall promptly furnish equivalent security to protect the interests of OCCC. The Contractor shall provide no less than 30 days’ notice to OCCC in the event of any change in surety. The bond shall be accompanied by valid Power-of-Attorney (issued by the surety company and attached, signed and sealed, with the corporate embossed seal, to the bond) authorizing the agent who signs the bond to commit the company to the terms of the bond, and stating (on the face of the Power-of-Attorney) the limit, if and, in the total amount for which he is employed to issue a single bond. An original and one (1) copy of the bond must furnished no later than May 15, 2017. In extenuating circumstances, an extension may be granted to secure the bond. If a Contractor fails to deliver the required performance bond, the Contractor’s proposal shall be rejected, and award of the contract may be made to the next highest ranked Contractor as determined through the selection process. Prior to the beginning of each subsequent contract period, the successful Contractor will be required to submit a Performance Bond as described above to OCCC in the sum of $50,000 covering each period the contract is operative.

4.5 Comply with Laws

Without additional expense to OCCC, the Contractor shall be liable for all applicable Federal, State, and local taxes and shall comply with all laws, ordinances, codes and regulations and shall obtain and pay for all permits and licenses.

4.6 Assignments / Subcontracting

The selected Contractor will be required to assume all responsibility for the Food Service and Coffee Shop operations and will be OCCC’s sole point of contact. The Contractor shall not subcontract or assign any interest in the contract and shall not transfer any interest, whatsoever, in the contract (whether by assignment or novation), without prior written consent of OCCC.

4.7 Invoice and Payment Provisions

Payments to Contractor by OCCC shall be made upon receipt of approved invoices. Invoices must be in quadruplicate and mailed to:

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Oklahoma City Community College

Accounts Payable 7777 South May Avenue Oklahoma City, Oklahoma 73159 Invoices must be submitted on a timely basis. All invoices must be submitted monthly for charges incurred during the preceding month (and any pro-rated debts or credits for a portion of a month). Invoices shall show as a minimum: purchase order number; contract number; detail of monthly charges; and any prompt payment discount. Charges are payable when billed.

5.0 SPECIFICATIONS / REQUIREMENTS

5.1 FOOD SERVICE OPERATIONS

The successful Contractor will provide a student based cost effective Food Service

operations program that enhances the student’s quality of life and contributes

significantly to the total educational experience. The following minimum specifications

are intended to preserve the integrity of OCCC’s Food Service operation and are not to

restrict creativity or competition. Contractors are encouraged to propose practical,

innovative programs for the students in this section of the RFP.

5.1.1 Cafeteria Style Meals

Contractor must submit a five (5) week cycle sample menu that includes

breakfast, lunch, and daily luncheon specials to be offered. Café style meals will

be served in the general dining area (GDA) of the College Union. OCCC retains the

right to approve menus.

5.1.2 Minimum Serving Hours

Fall and Spring Semester

When classes are in session:

Monday through Thursday

Café 7:30 A.M. – 6:00 P.M.

Grill 8:30 A.M. – 6:00 P.M.

Hot Food Line 11:00 A.M. – 2:00 P.M.

Friday

Café 7:30 A.M. – 4:00 P.M.

Grill 8:30 A.M. – 4:00 P.M.

Hot Food Line 11:00 A.M. – 2:00 P.M.

Saturday and Sunday

Café, Grill and Hot Food Line Closed

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When classes are not in session

Monday through Thursday

Café 7:30 A.M. – 2:30 P.M.

Grill 7:30 A.M. – 2:00 P.M.

Hot Food Line 11:00 A.M. – 2:00 P.M.

Friday

Café 7:30 A.M. – 2:00 P.M.

Grill 7:30 A.M. – 2:00 P.M.

Hot Food Line 11:00 A.M. – 2:00 P.M.

Saturday and Sunday

Café, Grill and Hot Food Line Closed

Summer Semester – Same as when classes are not in session

OCCC Holidays – Closed

OCCC observes these holidays: New Year’s Day, Martin Luther King Day; five (5)

working days at Spring Break (mid-March); Memorial Day; Independence Day;

Labor Day; Thanksgiving Day and the following Friday; Christmas and five working

days at Christmas. When a holiday falls on Saturday or Sunday the preceding

Friday or the following Monday may be observed as the holiday. When a holiday

falls on a Thursday the following Friday may be observed with the holiday.

Modification to operational hours may occur upon timely written approval to the

Chief Financial Officer or his/her approved designee.

5.1.3 Special Functions and Catering Events

Meals and special functions, including but not limited to catering, for OCCC’s

budgeted departments and units, both through the Cafeteria and catered special

meals will be available. These arrangements require approval of the appropriate

College officials and prior authorization by the OCCC’s Purchasing Department via

an approved Purchase Order.

The Contractor shall provide Food Services at special functions including but not

limited to teas, coffees, luncheons and dinners for special conferences within

OCCC, as well as for outside groups that OCCC approves to have served. The

Contractor shall provide meal-planning services for these functions and the prices

to be charged shall be mutually agreed upon by OCCC and the Contractor. The

detailed completion of a Food Service Agreement form is required and is to be

signed by the Food Service Manager and the representative of the group to be

served. Contractor will be responsible for any required room set up and take

down for these events.

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OCCC shall utilize any party other than the Contractor if the Contractor cannot

satisfactorily meet the needs specified by the event including but not limited to

food and drink selection, competitive pricing, and overall quality of the

presentation and service for the event.

5.1.4 Rates for Conference Groups and Camps

Conference groups and camps hosted and/or sponsored by OCCC and using the

OCCC facilities, will have meal service available to them in a manner and at a price

established between OCCC and the Contractor. This may be in the form of a

catered event or as cash customers of the Food Service operations. Contractor

will be responsible for any required room set up and take down for these events.

5.1.5 Catering

5.1.5.1 Catering is allowed only for approved functions which are hosted by

and/or sponsored by OCCC or which pertain to the normal operating

educational functions of OCCC.

5.1.5.2 Catering for approved functions is extremely important to OCCC.

Contractors must include at least five (5) suggested banquet menus along

with prices and a detailed description of the delivery and

implementation. The Contractor must provide personnel with experience

in all phases of catering such as receptions, short lead-time luncheons,

and banquets, both buffet and seated service. Pricing must be

competitive with outside caterers. Catering menus, portions and prices

shall be approved by OCCC for all such services offered.

5.1.5.3 OCCC reserves the right to review and/or reject catering for functions not

related to the institution.

5.1.5.4 Catering for student and college functions shall be from a menu and

pricing schedule developed for the clientele. Contractor will be

responsible for any required room set up and take down for these events.

5.1.5.5 Catering to third party entities using OCCC equipment or facilities is not

allowed, unless approved in advance and in writing by the Chief Financial

Officer of OCCC and is subject to a separate written agreement that

provides commensurate remuneration to OCCC as agreed in advance by

OCCC and Contractor.

OCCC shall utilize any party other than the Contractor if the Contractor cannot

satisfactorily meet the needs specified by the event including but not limited to

food and drink selection, competitive pricing, and overall quality of the

presentation and service for the event.

5.1.6 Catering Locations

On certain occasions, catered events will be served at OCCC facilities that are not

on the Main Campus of OCCC or at other locations as designated by OCCC.

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5.1.7 Fast Food Area, Grill, and Deli Counters Requirements

a) Provide a variety of quality items.

b) Provide a competitive product with a balanced price/portion ratio.

c) Maintain a neat, clean grill and deli area that reflects the professionalism of

the Contractor.

d) Provide a customer service oriented staff that is well trained and able to

prepare food fast and efficiently.

5.1.8 Hot Line Area Requirements

a) Provide meals that are nutritionally balanced and garnished in an appealing

manner.

b) Each daily hot line menu shall contain a minimum choice of one solid meat

entrée and two other hot entrée. Also, a choice of at least two vegetables

(corn, green beans, peas, carrots, asparagus, broccoli, etc.) with a minimum of

one starch.

c) When classes are in session, provide a “luncheon special” consisting of one

entrée, two vegetables, roll and butter at a reasonable consistent competitive

price.

d) Hot food should be hot; cold food should be cold. Progressive cooking shall be

the normal method of operation, staggering the hot entrée and vegetables so

that relatively small amounts become ready for serving at progressive periods

during the hours the hot line is open.

e) All food is to be prepared on site.

5.1.9 Dining Area

Special attention is required to overall cleanliness, including the tables and chairs

being wiped, and trash containers emptied as needed. Trash containers must be

emptied and relined prior to closing each evening.

5.1.10 Other

No foods or other items prepared on the premises may be removed from the

campus for serving other OCCC locations without the prior knowledge and

consent of OCCC. All off campus catering of food prepared at OCCC must be

approved by OCCC’s designated representative.

Other than that caused from normal wear and tear, replacement of all china,

glassware, and utensils provided by OCCC for the Contractor’s use that are broken

or lost during the term of their contract shall be the responsibility of the

Contractor.

All costs of laundry, linen service or other such services the Contractor deems

necessary to operate shall be the responsibility of the Contractor.

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5.1.11 Cleaning and Sanitation Requirements

The utmost importance is placed on proper sanitation standards. Oklahoma State Department of Health standard for Food Service establishments must be maintained and must have passed all Oklahoma State Department of Health inspections and remedied any violations to the satisfaction of the Oklahoma State Department of Health. A copy of all inspection reports must be submitted to College’s designated representative immediately upon receipt.

The Contractor shall examine all food handlers visually, at least daily, to ensure that they are following established hygiene practices in the handling of food established by the Oklahoma State Department of Health.

All commercial kitchen equipment including but not limited to: fryers, ovens, reach-ins, slicers, coolers, warming units, mixers, steam lines, dish machines, grills, etc. will be cleaned and maintained by the service provided per the manufacture’s requirements as described in the appropriate equipment service manuals. Any repair expense incurred due to lack of adequate care and cleaning by the service provider will be the responsibility of the service provider.

The kitchen shall be cleaned, especially counter surfaces used for cooking and serving. The floors shall be kept clean throughout the day and there shall be no trash such as cardboard boxes, towels, books, etc. lying on top of refrigerators, range shelves or dish tables. The dish room shall be cleaned and sanitized, with little or no excess water spills on the floor. The trashcans in the kitchens shall all be lined with plastic liners; none shall be overflowing, and all shall have covers on them.

The restrooms in the kitchen shall be kept clean with documented inspection and cleaning every eight (8) hours.

The receiving dock shall be clean and sanitary.

All food in the walk-in refrigerators and freezers shall be covered with plastic wrap or aluminum foil.

Floors shall be cleaned by vacuuming, washing or mopping.

Steam tables, coffee urns, griddles, condiment containers and tables, etc. shall be cleaned at least daily.

Kitchen counters, meat grinders, knives, etc. shall be cleaned and sanitized after each use.

Dining room tables, beverage counters and salad bars shall be constantly wiped and kept in spotless condition throughout serving hours.

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Cooking surfaces of grills, griddles and similar cooking devices shall be cleaned at least once a day and shall be free from encrusted grease deposits and other debris.

Provide removal of trash and garbage to area designated by OCCC, throughout their hours of operation.

Bus trays, eating utensils, tableware and wipe and clean tabletops in dining area as well as spot clean floor due to spills.

Design the arrangement of chairs and tables to present a neat and orderly appearance.

Pick up all debris from floor in customer areas during business hours, spot mop as needed.

Adhere strictly to all pure food laws and ordinance as adopted or promulgated by the State of Oklahoma, the County of Oklahoma, and the City of Oklahoma City or by their respective Boards of Heath.

Have sneeze guards and stainless steel cleaned daily.

5.1.12 Signs

OCCC will provide a menu board, which the Contractor shall place in a conspicuous location so that it may be observed while approaching the serving line. The board shall list the hours of operation, the items of food and the prices thereof. Other than this board, no signs or advertisements shall be posted anywhere in the dining areas except with the approval of OCCC. The cafeteria shall be referred to as “The OCCC Café and Dining”.

5.1.13 Health Foods / Low Fat Menu

The Contractor shall provide an optional serving area for health food/low fat products at each meal. Contractor shall submit health food/low fat menu examples with the proposal.

5.1.14 Individual Menu Items

Individual menu items proposed to be served at OCCC are to be submitted with the proposal. Menu item deviation is not allowed without prior approval of OCCC. Changes in menu items shall be communicated and acknowledged/approved by the OCCC Food Service Representative. Contractors shall furnish a complete list of the grades and qualities of raw, fresh, canned and frozen food to be used in preparing the menu items.

5.1.15 Monotony Breakers

Of great importance to OCCC are monotony breakers or pace changers. Special events, theme menu items and special service are all-important dimensions of enhancing college dining. Each bidder is required to provide, at a minimum, three

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(3) special event meals in each Fall and Spring semester and, in addition, a theme menu on a bi-monthly basis.

5.1.16 Students’ Interest and Satisfaction

The Contractor shall make every effort to maintain a high level of student satisfaction.

Student satisfaction or their perceived satisfaction with the Contractor’s performance is very important to OCCC. Of additional importance is the selection of banquet items, quality, and presentation of such for catered events sponsored by OCCC. An evaluation of performance by the Contractor will be made periodically; with criteria for judging such performance to include all section and subsections of this Request for Proposal as well as subjective evaluation of the areas of student satisfaction and catering performance.

5.1.17 Marketing Marketing of a Food Service program is an essential component of the operation. Marketing is becoming more important as the number of customers increase and tastes and requirements change. Marketing should include, as a minimum, advertising food items, services offered, specials, dietary health care and information about key Contractor personnel. Contractors should address the marketing program strategies they will utilize to increase student utilization of the Food Service operations.

The Contractor shall develop and publish an information brochure available for distribution to students, faculty, and staff.

The Contractor shall forward a monthly “Client Report” to OCCC’s designated representative. This report should include any changes in organization structure and personnel, as well as other general information such as complaints, accolades, special achievements, special projects, etc. The report shall be submitted by the 10th day if the following month.

5.1.18 Price Changes

Price increases may be tolerated if in accordance with the following statements:

Escalation of annual costs for subsequent years of this contract is not automatic and shall not exceed inflation guidelines as established by the nationally accepted Consumer Price Index (CPI) for each year this particular commodity or services. Contractor must provide documentation to justify escalation and make escalation request in writing on an annual basis.

Should escalation figures prove to be above CPI levels, the Contractor must provide sufficient justification for the increase and said increase must be acceptable to OCCC. Newly negotiated labor agreements, federally recognized fuel inflation adjustments, statutory increases, and applicable federal and state wage laws are acceptable increases which may exceed CPI levels.

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After the first year of the Agreement, requests for retail and catering price adjustments for the ensuring year will be considered by OCCC no later than May 1st for the potential implementation on or about July 1st of each contract year.

All price changes, café, catering, and room set up and take down charges are to be approved by OCCC. OCCC requires two months lead time to approve prices.

Customers must be informed two (2) weeks prior to effective date of café price change by placing an advertisement in OCCC student newspaper, the Pioneer, and posting flyers throughout the café.

Specific café price changes are to be posted in the food court visible to customers in food serving lines at least one (1) week prior to start of effective date.

Café price changes must be effective the first day of spring or fall semester. All food prices must be cost based.

5.1.19 Rights of Successful Contractor

The Contractor shall have the exclusive right to provide manual Food Service at College hosted and/or sponsored catering events on campus or at other non-campus locations as approved by OCCC during the term of the contract. The Contractor also has the exclusive right to use the Café area in the College Union to provide automated food during slow or off hours (i.e. Saturday afternoons).

Exception to the above exclusive right include:

Authorized student group fund raising and other activities.

Authorized concessionaires for festivals that take place on campus

Individual classroom sponsored activities that may involve food and drink

Individual departmental meetings that may involve food and drink

Individual departmental recognition receptions that may involve food and drink

Events that are not hosted by or sponsored by OCCC, and include use of OCCC facilities by third parties who lease OCCC facility space

With respect to any event in this RFP that is otherwise an exclusive event, OCCC

shall utilize any party other than the Contractor if the Contractor cannot

satisfactorily meet the needs specified by the event including but not limited to

food and drink selection, competitive pricing, and overall quality of the

presentation and service for the event.

5.2 COFFEE SHOP OPERATIONS

5.2.1 The OCCC Coffee Shop is a large kiosk located in the Main Building of OCCC that proudly serves Starbucks Coffee. This outlet offers a variety of coffees, cappuccinos, espressos, lattes, and Tazo teas, as well as fresh muffins, pastries,

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and cookies. Its prominent location makes Starbucks a very popular spot for a quick beverage or snack.

The Starbucks account is held by the current operator. The College requires the new contract to continue in the same manner with the Starbucks account held by the Contractor.

The successful Contractor will design a Coffee Shop program that enhances the student’s experience at OCCC. The following minimum specifications are intended to preserve the integrity of OCCC’s Coffee Shop operation and are not to restrict creativity or competition. Contractors are encouraged to propose practical, innovative programs for the students in this section of the RFP.

5.2.2 Minimum Serving Hours

Fall and Spring Semesters

When classes are in session: Monday through Thursday 7:00 A.M. – 8:30 P.M. Friday 7:00 A.M. – 2:00 P.M. Saturday 7:00 A.M. – 1:30 P.M. Sunday Closed

When classes are not in session: Monday through Friday 7:00 A.M. – 2:00 P.M. Saturday & Sunday Closed

Summer Semester – Same as when classes are not in session as indicated above.

OCCC Holidays – Closed OCCC observes these holidays: New Year’s Day; Martin Luther King Day; five (5) working days at Spring Break (mid-March); Memorial Day; Independence Day; Labor Day; Thanksgiving Day and the following Friday; Christmas and five (5) working days at Christmas. When a holiday falls on Saturday or Sunday, the preceding Friday or the following Monday may be observed as the holiday. When a holiday falls on a Thursday the following Friday may be observed with the holiday.

Modification to operational hours may occur upon timely written

approval to the Chief Financial Officer or his/her approved designee.

5.2.3 Cleaning and Sanitation

The utmost importance is placed on proper sanitation standards. Oklahoma State Department of Health standards for establishments must be maintained. Contractor must have passed all Oklahoma State Department of Health

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inspections and remedied any violations to the satisfaction of the Oklahoma State Department of Health. A copy of all inspection reports must be submitted to College’s designated representative immediately upon receipt.

The Contractor shall examine all handlers visually, at least daily, to ensure that they are following established hygiene practices in the handling of food established by the Oklahoma State Department of Health.

All commercial equipment located in the Coffee Shop area will be cleaned and maintained by the service provider per the manufacturer’s requirements as described in the appropriate equipment services manuals. Any repair expense incurred due to a lack of adequate care and cleaning by the service provider will be the responsibility of the service provider.

The floors shall be kept clean throughout the day and there shall be not trash such as cardboard boxes, towels, books, etc. lying on top of refrigerators, equipment or serving areas.

Floors shall be cleaned by vacuuming, washing or mopping.

Coffee urns, condiment containers and tables, etc. shall be cleaned at least daily.

Lounge area tables, beverage counters, etc. shall be constantly wiped and kept in spotless condition throughout serving hours as well as spot clean floor due to spills.

Provide removal of trash and garbage to area designated by OCCC, throughout their hours of operation.

Design the arrangement of chairs and tables to present a neat and orderly appearance.

Pick up all debris from floor in customer areas during business hours, spot mop as needed.

5.2.4 Signs

OCCC shall provide a menu board, which the Contractor shall place in a conspicuous location so that it may be observed whole approaching the serving line. The board shall list the hours of operation, the beverages and food offered and prices thereof. Other than this board, no signs or advertisements shall be posted anywhere in any area of the College except with the approval of OCCC.

5.2.5 Individual Menu Items

Individual menu items to be served at OCCC are to be submitted with the proposal. Menu items deviations are not allowed without prior approval from OCCC. Changes in menu items shall be communicated and acknowledged/approved by OCCC.

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5.2.6 Students’ Interest and Satisfaction The Contractor shall make every effort to maintain a high level of student satisfaction.

Student satisfaction or their perceived satisfaction with the Contractor’s performant is very important to OCCC. An evaluation of performance by the Contractor will be made periodically; with criteria for judging such performance to include all sections and subsections of this request for proposal as well as subjective evaluation of the areas of student satisfaction and performance.

5.2.7 Marketing

Marketing of a Coffee Shop is an essential component of the operation. Marketing is becoming more important as the number of customers increase and tastes and requirements change. Marketing should include, as a minimum, advertising food items, services offered, specials, dietary health care and information about key Contractor personnel. Contractors should address the marketing program strategies they will utilize to increase student utilization of the operations.

The Contractor shall develop and publish an information brochure available for distribution to students, faculty, and staff.

The Contractor shall forward a monthly “Client Report” to OCCC’s designated representative. This report should include any changes in organization structure and personnel, as well as other general information such as complaints, accolades, special achievements, special projects, etc. The report shall be submitted by the 10th day of the following month.

5.2.8 Price Changes

Price increases may be tolerated if in accordance with the following statements:

Escalation of annual costs for subsequent years of this contract is not automatic and shall not exceed inflation guidelines as established by the nationally accepted Consumer Price Index for each year for this particular commodity or services. Contractor must provide documentation to justify escalation and make escalation request in writing on an annual basis.

Should escalation figures prove to be above CPI levels, the Contractor must provide sufficient justification for the increase and said increase must be acceptable to OCCC. Newly negotiated labor agreements, federally recognized fuel inflation adjustments, statutory increases, and applicable federal and state wage laws are acceptable increases which may exceed CPI levels.

After the first year of the Agreement, requests for price adjustments for the ensuring year will be considered by OCCC no later than May 1st for the potential implementation on or about July 1st of each contract year.

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All price changes are to be approved by OCCC. OCCC requires two months lead time to approve prices.

Customers must be informed two (2) weeks prior to effective date of price change by placing an advertisement in OCCC student newspaper, The Pioneer, and posting flyers throughout the Coffee Shop.

Specific Coffee Shop price changes are to be posted in the coffee ship visible to customers in serving lines at least one (1) week prior to start of effective date.

Price changes must be effective the first day of spring or fall semesters.

5.3 ALCOHOLIC BEVERAGES / TABACCO USE

5.3.1 Alcoholic Beverages No beverages with alcoholic content may be kept, sold, served or caused to be served on OCCC campus. The Contractor shall not schedule any event on the campus of OCCC where beer or any beverage containing alcohol shall be permitted, served, or consumed. An exception to the above applies to specific designated events, where upon approval, OCCC may allow alcoholic beverages to be sold, served, and consumed within designated areas as set forth and permitted in College Policy. Where an exception is approved, alcoholic beverages may be sold, served and/or consumed only in those areas designated by OCCC and at no other location.

5.3.2 Tobacco Free Environment

Tobacco use is prohibited on OCCC campuses. OCCC prohibits all use of tobacco products both indoors and outdoors on all property owned, leased or contracted for use by OCCC. Use of tobacco products is prohibited on all property owned by or under the control of OCCC including, but not limited to, all grounds, parking lots, sidewalks, classrooms, buildings, restrooms, stairwells, facilities and theaters, owned, or under the control of OCCC or the State of Oklahoma while providing services to students, guests or clients, regardless of where provided. Tobacco products includes, but is not limited to cigarettes, cigars, pipes, hookahs, smokeless tobacco, chewing tobacco, dip, snuff, electronic cigarettes, vaping devices and any other product packaged for smoking or the simulation of smoking.

6.0 OPERATIONAL RESPONSIBILITIES

6.1 Supply Inventory

If necessary the successful Contractor shall offer to purchase the existing Food Service and Coffee Shop supply inventory from the present Contractor at a price to be negotiated. The present Contractor may choose to remove food and supply items rather than sell to the new Contractor. Such purchase of inventory by the new Contractor shall be only of such merchandise as is good, usable quality.

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6.2 Inventory The Contractor, with a College representative, shall take an annual full inventory of all items to be submitted to the College. The inventory shall be taken at the end of the spring (May) semester. At the beginning of the Contract, Contractor and College representative will jointly conduct a physical inventory that shall be signed by both parties. All parties shall be bound by the signature of their representative to the inventory acceptance. Any disagreements or disputes to the inventory count of items must be placed in writing to the other party within ten (10) days of the date the physical inventory was taken. Ten (10) days prior to the termination of this contract an inventory of facilities and equipment will be taken by the Contractor with a representative of the College present. Determination shall be made at this time concerning any excessive wear or misuse of facilities and equipment on the part of the Contractor and compensation for excessive wear or misuse of facilities and equipment shall be paid to the College by the Contractor. The Contractor will make any necessary requests to OCCC for replacement or addition of facilities and equipment. Any additions to the facilities or equipment will be added to the inventory. Items that become unserviceable through normal use, wear-and-tear will be turned over to OCCC and deleted from the inventory. The Contractor will reimburse OCCC for replacement costs of all items not accounted for at the end of the contract period. Ownership of all non-expendable items and equipment shall remain with the College. However, the Contractor agrees to take such measures as may be reasonably required by the College for the protection against loss by pilferage or destruction. The Contractor shall have the responsibility for the costs of any damage or loss to the equipment or premises of the College caused by the negligence of the Contractor or its associates. Nothing herein relieves the Contractor from its obligation to replace inventory losses due to destruction, loss or pilferage.

6.3 Cost and Expenses

Subject to the provisions of section 9.0, the Contractor shall, at its own expense, bear any and all costs for the operation of the Food Service and Coffee Shop operations, except those hereinafter expressly provided by OCCC. Contractor shall pay any and all costs and expenses connected with the Contractor’s use of the premises, facilities and rights granted, including but not limited to the following:

Raw food and food products

Beverage products

Labor, benefits, compensation and insurance

Supplies (paper, plastic and foam tableware; cleaning agents for dishes, flatware, pots and pans, janitorial equipment and cleaning and sanitizing agents; office supplies, etc.)

Office expenses (telephone, postage, printing, photocopying, etc.)

Licenses, permits, and taxes required by law.

OCCC will provide the initial inventory of china, glassware, and kitchenware to support a given level of activity. The Contractor shall provide, at its expense, the necessary

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inventories of flatware and kitchen/service utensils necessary to operate efficiently. OCCC shall expand the inventory as necessary based on operational needs. The Contractor shall be responsible for maintaining a given level of inventory and replacements as needed for all chine, glassware, kitchenware, flatware, and serving utensils. Ownership of inventory will remain with OCCC, with the exception of flatware and service utensils purchased by the Contractor. OCCC retains the right to specify the quality and type of glassware, china, flatware, etc. to be used in the dining facilities.

6.4 Managers on Duty The Contractor will provide full-time, qualified service managers and assistance manager so that a manager will always be present during serving hours in the Food Service Area and Coffee Shop to observe the entire operation, handle emergencies and in general, are available to customers.

6.5 Food Service/Coffee Shop Committee Representative Meetings There will be no less than monthly meetings between OCCC Food Service/Coffee Shop representative and the Contractor’s local manager. The purpose of these meetings will be to allow opinions of students and OCCC personnel to be expressed and to offer suggestions about the Food Service and Coffee Shop operation.

6.5 Accounts and Records

The Contractor shall maintain such accounting books and records in connection with the services provided under this contract as may be satisfactory to OCCC. A monthly report of operation shall be provided to OCCC’s designated representative. The reports shall include customer count and gross sales with a breakdown of sales by category. Report shall be submitted to OCCC’s designated representative by the 15th of the following month. The Contractor, at its own expense, shall meet, develop and implement all ideas and concerns as mandated by OCCC at regularly held meetings with a committee designated by the College consisting of students and/or other members of the OCCC community to discuss all facets of the Food Service and Coffee Shop operations including menus, hours of service, staffing, student surveys, marketing, strategic planning, etc. and will cooperate at all times in every way to maintain good public relations with the students, faculty, and staff of OCCC. In addition to the reports described above, the Contractor shall submit to OCCC a cumulative statement covering the entire preceding year. Such statements shall contain information as OCCC deems necessary, and the statement shall show adequate detail of all sales/revenues of the Contractor’s operations conducted hereunder. The report shall also show all expenditures (labor, food, direct and indirect expenses). Report shall be submitted to OCCC’s designated representative by the 15th of the following month.

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6.6 Financial Credit The Contractor shall operate on his own financial credit and shall furnish at his own expense all food and beverage items. The cost of all items required for incoming shipments of food and supplies shall be to the Contractor’s account. Under no circumstances may shipments be made or invoiced to OCCC.

6.7 Joint OCCC and Contractor Responsibilities

Repair of OCCC owned equipment – OCCC’s designated representative shall be immediately notified when any piece of equipment becomes unserviceable for any reason. OCCC personnel shall be dispatched to determine what is wrong and to repair, if possible. Equipment will either be repaired by OCCC personnel or arrangements made through Facilities Management for the repair by outside personnel. The Contractor agrees to conserve utilities and treat all facilities and equipment with prudent care. Other joint responsibilities include –

Security of buildings and contents

Energy conservation

Preventive maintenance of equipment and facilities

Waste prevention

Effective communication between Contractor and OCCC

Support College goals within the parameter of our mutual resources through a team effort

Maintain a clean, attractive and customer friendly Coffee Shop.

OCCC has a Food Service Advisory Committee which meets at least once per major semester to evaluate the Food Service and Coffee Shop program, make recommendations and review where OCCC may work closer with the Contractor to attain mutual goals. OCCC shall budget for one (1) student employee to assist Contractor as needed. The budgeted amount for this assistance shall not be exceeded. OCCC cannot guarantee the availability of student employees.

7.0 STAFFING

7.1 Management Structure and Support Personnel

Describe the organization line of authority for management personnel from local staffing to the highest corporate level. Include an organizational chart. Describe the management structure that will be used to operate the facilities including the corporate management and non-management personnel and their location. Also, describe the support staffs that are available to support local operations personnel, their qualifications, geographic location, and the types of support to be provided.

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7.2 Personnel Contractor shall at all times provide competent personnel to operate Food Service and Coffee Shop facilities and provide courteous service to patrons. The Food Service/Coffee Shop Director should have relevant management experience in Higher Education Food Service. Contractor shall agree that the initial Food Service/Coffee Shop Director must remain at OCCC at least one (1) year unless relived by OCCC or unless the Director leaves the employment of the Contractor. This person must be knowledgeable of the Contractor’s operational philosophy and procedures, must be a good communicator, a proven leader, and must exhibit the ability to deal effectively with OCCC students, faculty, and staff. OCCC reserves the right to:

Review and approve the credentials and qualifications of all personnel recommended by the Contractor for managerial posts.

Interview and have input in the selection of direct management and on-campus supervisory personnel.

Have input into the annual performance evaluation of the Director and on-campus staff.

Require the removal of the Director and any on-campus staff deemed unsatisfactory by OCCC.

Contractor shall address management of all operations including line service, catering, food preparation, Coffee Shop operations, etc. Contactor shall also describe non-management personnel staffing.

7.3 Current Non-Management Employees

Discuss also the disposition (if necessary) of current Contractor’s non-management personnel.

7.4 Substitute Personnel

Contractor must have adequately trained relief personnel available to substitute in the absence of regular employees.

7.5 Employee Conformance

Contractor employees are to strictly adhere to the rules, regulation and policies of OCCC. Failure to comply with such rules, regulations or policies will be grounds for immediate termination of the Contract, or other remedies available to OCCC under law or equity.

7.6 Employment for Students

Describe if and how OCCC students will have opportunities for jobs that may be available in Food Services. Student employees of the Contractor must be paid at least minimum wage.

8.0 PHYSICAL STRUCTURE / FURNISHINGS Food Service/Coffee Shop Contractors are granted access to the College Union at times (mutually agreeable with OCCC and current Food Service/Coffee Shop Contractor), reasonably necessary for

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the purposes of clean-up, maintenance, inventory and preparation for opening, as well as access to the College Union loading dock in order to accept deliveries, make shipments and dispose of garbage. The current coffee operation site occupies approximately 305 square feet which is offered to the successful bidder “as is”. The attached Appendix “C” (drawing) and Appendix “D” (picture) approximately illustrates the current coffee outlet site and location. Appendices “C” and “D” are not drawn to scale. Adjacent to the current Coffee Shop is a lounge area and close-by is the College Union general dining room. The immediate seating area surrounding the Coffee Shop is comprised of 25 patio tables with four (4) seats per table. The College Union does not restrict customers from taking food to other spaces through the building and, indeed, must of the College Union is also used for dining. It is the Bidder’s responsibility to verify and confirm all existing conditions of the outlet space and College Union site, including size and dimensions. The specifications and requirements listed in this RFP are the minimal standards by which proposals will be judged. OCCC encourages proposal enhancements beyond the stated and required standards, which may result in revenue enrichment and increased benefits to OCCC and its community. 8.1 Uniforms

Contractor shall furnish appropriate uniforms for its employees. OCCC reserves the right to approve all such uniforms.

8.2 Housekeeping

The Contractor shall provide all daily housekeeping, cleaning, maintenance and sanitation services, including supplies, for all dining service areas which are operated by the Contractor.

8.3 Access to Premises

State the policy and procedures to be used by OCCC officials to gain access to the Food Service/Coffee Shop areas for routine maintenance, cleaning, and in the event of an emergency.

8.4 Utensils and Kitchenware

The Contractor shall provide and maintain a sufficient quantity of expendable service ware to provide the required service. OCCC reserves the right to evaluate and approve samples of the serving ware to be provided. OCCC may provide such other equipment as may be required by the Contractor for proper service. The Contractor’s proposal must include a detailed list including budgetary estimates. The Contractor shall provide OCCC with an accurate inventory of these items upon request.

8.5 Serving and Catering Items

OCCC shall provide serving pieces, coffee urns and pots, punch bowls and ladles, and other items necessary for serving and catering of approved OCCC sponsored and/or hosted events. Contractor shall provide a recommended list of such items.

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8.6 Equipment and Furnishings OCCC will provide access to all necessary equipment and facilities for the use of the Contractor. OCCC will also provide toilet facilities for the Contractor’s employees.

8.7 Equipment Maintenance

OCCC shall provide all non-expendable equipment as is now installed in the service area. All inventory of this equipment shall be furnished to the successful bidder upon award of contract. Ownership described in this section shall be vested in OCCC. No College owned equipment shall be removed from the premises for any purpose other than for repair except by OCCC or with the prior approval of OCCC. OCCC will provide and be responsible for maintenance on all equipment installed within the facilities and owned by OCCC. The Contractor will be responsible for replacement or repair to items damages due to neglect or misuse by its employees. If it is found that the cost of repairs to a piece of College owned equipment would exceed fifty (50) percent of the fair market value of comparable new equipment, or when College owned equipment has become obsolete or no longer useful for the purpose originally intended, the Contractor shall notify OCCC in order that arrangements may be made for appropriate repair or replacement. OCCC is ultimately responsible for making any decision to repair, replace, or retire the equipment.

8.8 Utilities

All utilities necessary for the Food Service/Coffee Shop operation will be provided by OCCC. OCCC shall not guarantee, however, an uninterrupted supply of water, steam, electricity, natural gas, air-conditioning, etc., but is shall be diligent in restoring service following an interruption. OCCC shall not be liable for any product loss which may result from the interruption or failure of any utility services. OCCC will provide only local phone service.

8.9 Pest Control

OCCC will provide pest control treatments to the areas operated by Contractor. This pest control will be at least monthly and more often as required. It is the responsibility of the Contractor to inform the OCCC Food Service/Coffee Shop representative of the need for pest control treatments.

8.10 OCCC Insurance

OCCC will only provide fire and extended coverage insurance for OCCC owned equipment and facilities.

8.11 Garbage Removal

OCCC will provide trash and garbage removal from the garbage pick-up area. It will be the Contractor’s responsibility to deposit the trash and garbage at the pick-up location by the times specified by OCCC.

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8.12 Damage to the Premises The Contractor will assume full responsibility for any damage to OCCC equipment or premises caused by the negligent or intentional act/omissions of the Contractor’s employees, agents, or officers.

8.13 Spaces Allocated

The Contractor will occupy and have responsibility for the food preparation and related storage areas, the food court, general dining area, raised dining area, storage off of the general dining area, the preparation kitchen of the Oklahoma room, Coffee Shop kiosk and associated lounge area, College Union 1 storage, and 2 office spaces to be determined.

8.14 Contractor Owned Vending

The Contractor may provide limited vending in the Food Service/Coffee Shop area subject to approval by OCCC.

9.0 TERMS AND CONDITIONS 9.1 Reservation

This RFP does not commit OCCC to award a contract. Further, OCCC reserves the right to accept or reject, in part or in its entirety, any or all proposals received, to re-advertise of deemed necessary, and to investigate any or all proposals as required. Proposals which fail to comply fully with any provision of the specifications and RFP will be considered invalid and will not receive consideration.

9.2 Ethical Standards

It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a State Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established selling agencies maintained by the Contractor for the purpose of securing business.

9.3 Compliance with Provisions

Contractors shall state that they have read, understand and will comply will all provisions and with the standard terms and conditions.

9.4 Term of Contract

The required services are to commence no later than July 1, 2017 or a date to be agreed upon by or between OCCC and the Contractor selected by OCCC to operate the Food Service and Coffee Shop. The resulting contract will be the initial period of one (1) year with the option to renegotiate the Food Service and Coffee Shop operations and extend the contract for an additional twelve (12) month period up to five (5) years including the initial year of the contract. The extended contract(s) shall be on the same terms and conditions as the initial contract, subject to all of the provisions. The contract shall not bind, nor purport to bind, OCCC for any contractual commitment beyond the agreed upon or extended contract period. If OCCC does not intend to negotiate the option to renew, it will provide the Contractor with written notice of such not later than thirty (30) days prior to the contract ending date.

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The Food Service and Coffee Shop operation of the Contractor will be evaluated on at least a yearly basis to determine if the Contractor’s prices are fair and reasonable, if the quality of service meets the expectations of OCCC community and if the food is good and nutritious.

9.5 Termination Provision

The contract may be terminated by either party by giving a thirty (30) day written notice to the other party. Further, in the event that the Contractor shall fail to carry out and comply with covenants, conditions and agreements to be performed by it, or shall fail to comply with any regulations adopted by OCCC, OCCC shall notify the Contractor of such failures or defaults and demand in writing that the same shall be remedied within ten (10) days after written notice. In the event of failure of the Contractor to remedy the same within the said ten (10) day period, OCCC shall have the right to immediately cancel and terminate the contract without further notice. In such case, it will be incumbent on the Contractor, if required by OCCC, to continue operation until relieved by a newly selected Contractor. Oklahoma State Department of Health inspections violations resulting in closure of the Food Service and Coffee Shop operations shall be cause for immediate termination of any contract resulting from this RFP. Upon termination of this agreement, OCCC shall conduct a physical inventory of all expendable and capital equipment and inspect the premises. At that time the Contractor shall surrender the buildings, expendable and capital equipment in as good condition as at the start of the agreement, except for ordinary wear and tear and loss or damage by fire and other perils covered by OCCC’s fire and extended coverage policy, acts of God and theft by persons other than the employees of the Contractor without negligence on the part of it or its employees.

9.6 Termination for Default / Show Cause Letter / Certain Remedies

OCCC may terminate a contract resulting from this RFP, for reason of the Contractor’s default, if conditions including but not limited to those described in the following list come into being.

The Contractor is adjudged bankrupt, makes a general assignment for the benefit of the Contractor’s creditors or a receiver is appointed because of the Contractor’s insolvency.

The Contractor refuses or fails to perform any of the provisions of the contract; or so fails to make progress pursuant to the contract’s terms.

The Contractor refuses or fails to make prompt payment to subcontractors.

The Contractor disregards laws, ordinances, or the instructions of any duly authorized representative of OCCC.

The Contractor otherwise commits a violation of any provision of the contract. OCCC may, it its sole discretion and without prejudice to any other right or remedy either terminate the contract or deliver to the Contractor a letter citing the instances of noncompliance and directing the Contractor to show cause why the contract should be

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terminated (Show Cause Letter). The Contractor shall have ten (10) days to reply to the Show Cause Letter and indicate why the contract should not be terminated. The Contractor shall then have thirty (30) days to cure the noncompliance cited in the Show Cause Letter. If the noncompliance is not cured within thirty (30) days, OCCC may negotiate a schedule to terminate the contract. In the event all or any part of the contract is terminated, OCCC may take possession of any and all materials and finish the contract by whatever methods OCCC may deem expedient. In such case, the Contractor shall not be entitled to any further payment until the contract is finished. The Contractor shall be liable for any excess costs incurred by OCCC to perform the balance of the contract. The rights and/or remedies of OCCC under these terms and conditions are not exclusive but are in addition to any other rights and/or remedies provided by law or the contract. OCCC reserves the right to refuse to consider proposals received from the Contractor in response to RFP’s that OCCC may issue in the future.

9.7 Contract Guidelines Contractors should note the following in regard to the State’s contracting authority, and amend any documents accordingly. Failure to conform to these standards may result in rejection of the proposal.

A. The State of Oklahoma may not contract with another party: a. To support continuation of performance in subsequent year of a multi-

year contract when funds are not appropriated or otherwise made available. The Contractor may be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the commodities or services delivered under the contract. No other termination charges shall be authorized.

b. To pay any penalties or charges for late payment or any penalties or

charges which, in fact are penalties, for any reason.

c. To indemnify and defend that party for any liability and damages; however, the State may agree to hold the other party harmless from any loss or claim resulting directly from and attributable to the State’s use or possession of equipment and reimburse that party for the loss caused solely by the State’s use or possession, provided that such obligation is determined by and under the procedures of the State of Oklahoma.

d. Upon default, to pay all sums to become due under a contract.

e. To pay damages, legal expenses or other costs and expenses of any party.

f. To conduct litigation in a place other than Oklahoma.

g. To agree to any provision of a contract which violates the laws or Constitution of the State of Oklahoma.

B. A party wishing to contract with the State of Oklahoma must:

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a. Remove any language from its contract which grants to it remedies other than:

1. The right to possession 2. The right to accrued payments

b. Include in its contract that the laws of the State of Oklahoma govern the

contract.

C. The State of Oklahoma may contract with another party: a. In the event the legislature of the State of Oklahoma does not

appropriate funds for the services described in this Agreement, OCCC may, upon thirty (30) days written notice to Contractor, cancel this Agreement as to that period for which no appropriations were made; or, in the event that there are no funded appropriations from which payment can be made for the services described in this Agreement, OCCC may, upon thirty (30) days written notice to Contractor, cancel this Agreement as to that for which there is no funded appropriations from which payment can be made.

9.8 Contract Negotiation

Due to the anticipated complexities of this contractual relationship, OCCC reserves the right to negotiate with the successful Contractor the final terms and conditions deemed to be most advantageous to OCCC.

9.9 Food Service/Coffee Shop Annual Fee – Pricing After the Initial Contract Year

Pricing may be negotiated for each and any period, except the initial period, prior to the beginning of the contract period. All prices will remain firm for any and each contract period. OCCC recognizes that the cost of labor of the Contractor may fluctuate from year to year. However, for each year of the contract, price increases, if any that may be proposed by the Contractor must be documented and justified to OCCC. OCCC reserves the right to approve or reject all price changes. In no event, except by OCCC request, will price changes increase by more than the portion of the “cost of living index” relating to food and labor as established by the United States Department of Labor for the previous twelve (12) month period. All increased must be in conformance with any Federal or State wage price controls that may be in existence at that time. Any exceptions, except as stated above, to this would be any Federal, State or local statutory changes directly affecting Food Service and Coffee Shop operation costs (sales tax, minimum wage).

9.10 Contract Status

The response to this RFP will be considered as an offer to contact. Final negotiations on the best offer will be conducted to resolve any minor differences or informalities.

9.11 Contract Components This RFP, the successful Contractor’s response thereto, and any additional written modifications and/or stipulations mutually agreed upon by OCCC and the successful Contractor will constitute the final contract. During the contractual period, any changes

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to the conditions outlines in these materials must be approved in writing with the signatures of representatives from each selected vendor(s) and OCCC.

9.12 Law and Regulations

All applicable state and federal laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though written out in full in this proposal.

9.13 Contract Implementation

The prospective Contractor must agree to commence work on or before a date mutually agreed upon with OCCC.

9.14 Choice of Law and Venue

The resulting contract shall be construed under the laws of the State of Oklahoma, and venue in any action to enforce shall be in Oklahoma County, Oklahoma.

9.15 Reporting Requirement

It should be understood that the Contractor will work for and report directly to OCCC in the manner it prescribes.

9.16 Equal Opportunity Employer

The Contractor must assure that they are an Equal Opportunity Employer, a provider of services and/or assistance, and in compliance with the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, Section 504 or the Rehabilitation Act of 1973, as amended, and Executive Orders 11246 and 11375. The Contractor must acknowledge the requirements in their bid response. Please refer to Certificate of Compliance in Appendix A.

9.17 Americans with Disabilities Act

The Contractor must assure compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336) and all amendments and requirements imposed by the regulations issued pursuant to this act. The Contractor must acknowledge the requirements in the bid response.

9.18 Debarment and Suspension

As supplemented in the Department of Labor regulations (29C.F.R. Part 98), the Contractor certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in this contract by any governmental debarment or agency.

9.19 Environmental

The Contractor, if engaged hereby for any amount in excess of $100,000, shall comply with all applicable standards, orders and regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations must be reported to Customer and federal agencies as required under OMB Circular A-110.

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9.20 Anti-Lobbying Contractor, if engaged hereby for an amount in excess of $100,000, shall comply with the requirements of the Byrd Anti-Lobbying Amendment (31 U.S.C 1352), by providing to OCCC all certifications required there under regarding the disclosure of the use of funds for lobbying. The Contractor will certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

9.21 Access to Vendors

The Contractor shall maintain all fiscal records and any other records relating to this contract in such a manner as to clearly document the Company’s performance hereunder. OCCC, the Federal government, or any their duly authorized representatives, shall have access to any books, documents, paper and records of the Contractor which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions.

9.22 Federal, State, and Local Taxes, Licenses, and Permits

The successful Contractor will comply with all laws and regulations on taxes, licenses, and permits.

9.23 Indemnification Requirements

The below listed requirements are mandatory.

Hold Harmless: The successful Contractor shall indemnify and hold the State Regents harmless from all performance or failure of performance under the resulting contract.

Liens: The successful Contractor shall keep the State Regents free and clear from all liens asserted by any person or firm for any reason arising from the furnishing of services or materials by or to the bidder.

Qualification Data: If necessary to evaluate vendor qualifications, you may be required to furnish additional information. Information may include but not be limited to the following:

o Ability to meet specifications quality requirements o Availability to provide service o Executive and/or key person resumes and references o Financial resources and/or audited financial reports o Personnel resources and/or experience

9.24 Limitation of Liability

The successful Contractor acknowledges that under the laws of the State of Oklahoma, Contractors may not contractually limit their potential liability. The Oklahoma Constitution prohibits the inclusion of clauses in any OCCC or other State contract which limits the Contractor’s liability for fraud, willful injury to persons or property, or violation of the law, whether willful or negligent; or otherwise has the effect of requiring OCCC to indemnify the Contractor for the Contractor’s own damages. To the extent any limitation

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of liability contained in any resulting contract is construed by a court of competent jurisdiction to be a limitation of liability in violation of Oklahoma law, such limitation of liability shall be void.

9.25 Conflict of Interest

Information on possible conflicts of interest should be provided as part of the proposal response. Such information will be taken into account in making a decision on the selection of the Contractor to perform the services. Should a conflict arise during preparations for or while undertaking these services, the Contractor shall immediately advise OCCC of such conflict.

9.26 Intellectual Property Licenses and Releases

The selected Contractor is responsible for any indemnification issues related to or arising from it undertaking and performance of the Statement of Work; and for obtaining all releases, licenses, waivers, permits, or other permission needed for use of talent, copyrighted or trademarked materials, information, sound, or images, or that are or may be subject to common law or other property rights. The selected Contractor is solely responsible for any contracts agreements, licenses, releases, fees or negotiations needed to obtain the necessary rights to use of any and all such talent, materials, information, images, sound, and property as well as all related administrative and legal expenses. Selected Contractor’s cost to secure and defend intellectual property rights related to performance under the contract shall be included in the firm fixed price contract.

10.0 SELECTION CRITERIA 10.1 General

The Contractor will be selected on the basis of which proposal is, in the opinion of OCCC, in the best interest of OCCC when all factors are considered. Factors considered will include, but are not necessarily limited to, substantive catering experience, pricing, services offered, quality, experience, marketing capabilities, creativity, and the ability to perform efficient, economical operations. In addition, Contractor performance records, management experience, response to this RFP, and service related performance capabilities will be reviewed. The ability to provide a suitable opening date may be a factor of the award. Other relevant factors that OCCC may deem to be important will be considered. Some of these factors are judgmental and subjective, and the decision of OCCC is final. OCCC reserves the right to reject any and all proposals or parts thereof, and to waive informalities in the proposals received. Contractors are encouraged to submit any additional information or comments they wished considered. This additional information should be included as a separate appendix to the proposal. Contractors shall be cautioned not to minimize the importance of adequate responses, although a particular category may carry less weight than other areas. The award will be made to the Contractor whose proposal conforms to the RFP and, in the sole judgement of OCCC, will be most advantageous to OCCC.

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10.2 Initial Classification of Proposals as Responsive or Nonresponsive OCCC shall initially classify all proposals as either “responsive” or “nonresponsive”. OCCC may deem a proposal nonresponsive if: any of the required information is not provided, the submitted price is found to be excessive or inadequate as measured by the RFP criteria, or the proposal does not meet RFP requirements and specifications. OCCC may find any proposal to be nonresponsive at any time during the procurement process. If OCCC deems a proposal nonresponsive, it will not be considered further.

10.3 Contractor Evaluation

More specifically the Contractor’s RFP will be evaluated on the following points. 10.3.1 Menu Quality and Variety

This element consists of the following:

The food/beverage purchasing specifications proposed and guaranteed by the Contractor.

Menu cycle as submitted with the proposal.

Demonstrated ability to respond to seasonal menu preferences, changing student expectations and to be innovative with specialized menus and food items.

Pre-testing of new menu items.

Portion size and prices.

10.3.2 Student Satisfaction Methods

Require experience in working with a student/staff food service/coffee shop advisory committee.

Have established formalized methods of measuring student satisfaction on a continuing basis.

10.3.3 Management Capabilities

Prefer management with other food service location(s) within the State of Oklahoma.

Frequency with which regional directors or other corporate officers will visit Oklahoma City Community College.

Must utilize a staff training and development program for non-management employees.

Must have demonstrated success in operating a unit on a cash basis: o In a community college environment (without dormitories). o In a metropolitan area. o With students of varied ages.

10.3.4 Other Services

Demonstrated success in providing catered service for special events to clientele of varied ages, interests, and ethnic backgrounds.

Demonstrated success in event scheduling and coordination.

Use of promotional techniques to encourage student interest and patronage of food service/coffee shop.

Use of detailed schedules to assure health and sanitation requirements are met.

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10.3.5 Company Qualifications

Evaluation by Current and Former Clients. OCCC will contact clients and former clients and ask for appraisal in terms of elements of program evaluation and company qualifications.

Evaluation of Management Personnel: o Credentials and background of until management personnel at

comparable colleges. o Credentials and background of regional managers. o Extent to which unit management personnel are trained in

nutrition or have available services of certified dietician.

Evaluation of Financial Stability

10.3.6 Financial Benefit to the College

Evaluation based on what is financially in the best interest of OCCC. 11.0 CONTRACT COST PROPOSAL

11.1 FOOD SERVICE OPERATIONS

11.1.1 Proposal Quotations

The Contractor guarantees the following bid quotations for the initial contract year for providing daily food service and other dining services, as per attached specifications, terms and conditions at the Oklahoma City Community College.

PRICING

Fiscal Years of Service *Food Service Annual Fee Paid to Contractor (College to Contractor)

Year 1 – 7/01/17 – 6/30/18 $

Year 2 – 7/01/18 – 6/30/19 $

Year 3 – 7/01/19 – 6/30/20 $

Year 4 – 7/01/20 – 6/30/21 $

Year 5 – 7/01/21 – 6/30/22 $

*Payments to be made in equal monthly installments less the monthly overhead charge.

11.1.2 Overhead Charge The Contractor shall be responsible to reimburse to OCCC on a monthly basis an amount determined as an overhead charge for use of the facility area comprising 5,475 square feet to carry out the Food Service operation and shall include the following as it relates to the space used by Contractor:

Utilities

Pest Control

Drain Line Cleaning

Grease Trap Removal

Garbage Removal

Equipment Furnishings

Equipment Maintenance

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The overhead charge will be determined based on actual costs to OCCC for the direct are occupied by the Contractor.

11.2 COFFEE SHOP OPERATIONS

11.2.1 Proposal Quotations The financial consideration proposed by the Contractor for the opportunity described in this RFP is to be presented according to Method I or Method II described below. It is in the Bidder best interest and the College encourages all Contractors to submit proposal using both Method I and Method II.

Proposals may be submitted to provide the services described in any or all of the following two options.

YEAR 1 – July 1, 2017 through June 30, 2018

METHOD I PROPOSAL: Flat Rate Fee The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, in arrears on the first of every calendar month. Annual Flat Rate Fee Proposed: $_____________________/Per Year Please describe any additional value-added incentive (i.e. annual rebates, discounts, etc.) your company wishes to offer for this contract.

METHOD II PROPOSAL: Flat Rate Fee Plus Percent of Gross Sales The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, due on the first day of the month for the previous month’s license rights. In addition, the Contractor further offers to pay the percent of gross sales indicated below, such percentages due no later than June 30th for the previous twelve (12) months’ gross sales. Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $100,000.00 through $299,999.99 Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $300,000.00 through $399,999.99 Flat Rate Annual Fee $__________________________________ Plus, ____% of Gross Sales of $400,000.00 or more

YEAR 2 - July 1, 2018 through June 30, 2019

METHOD I PROPOSAL: Flat Rate Fee The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, in arrears on the first of every calendar month. Annual Flat Rate Fee Proposed: $_____________________/Per Year

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Please describe any additional value-added incentive (i.e. annual rebates, discounts, etc.) your company wishes to offer for this contract.

METHOD II PROPOSAL: Flat Rate Fee Plus Percent of Gross Sales The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, due on the first day of the month for the previous month’s license rights. In addition, the Contractor further offers to pay the percent of gross sales indicated below, such percentages due no later than June 30th for the previous twelve (12) months’ gross sales. Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $100,000.00 through $299,999.99 Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $300,000.00 through $399,999.99 Flat Rate Annual Fee $__________________________________ Plus, ____% of Gross Sales of $400,000.00 or more

YEAR 3 – July 1, 2019 through June 30, 2020

METHOD I PROPOSAL: Flat Rate Fee The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, in arrears on the first of every calendar month. Annual Flat Rate Fee Proposed: $_____________________/Per Year Please describe any additional value-added incentive (i.e. annual rebates, discounts, etc.) your company wishes to offer for this contract.

METHOD II PROPOSAL: Flat Rate Fee Plus Percent of Gross Sales The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, due on the first day of the month for the previous month’s license rights. In addition, the Contractor further offers to pay the percent of gross sales indicated below, such percentages due no later than June 30th for the previous twelve (12) months’ gross sales. Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $100,000.00 through $299,999.99 Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $300,000.00 through $399,999.99 Flat Rate Annual Fee $__________________________________ Plus, ____% of Gross Sales of $400,000.00 or more

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YEAR 4 – July 1, 2020 through June 30, 2021

METHOD I PROPOSAL: Flat Rate Fee The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, in arrears on the first of every calendar month. Annual Flat Rate Fee Proposed: $_____________________/Per Year Please describe any additional value-added incentive (i.e. annual rebates, discounts, etc.) your company wishes to offer for this contract.

METHOD II PROPOSAL: Flat Rate Fee Plus Percent of Gross Sales The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, due on the first day of the month for the previous month’s license rights. In addition, the Contractor further offers to pay the percent of gross sales indicated below, such percentages due no later than June 30th for the previous twelve (12) months’ gross sales. Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $100,000.00 through $299,999.99 Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $300,000.00 through $399,999.99 Flat Rate Annual Fee $__________________________________ Plus, ____% of Gross Sales of $400,000.00 or more

YEAR 5 – July 1, 2021 through June 30, 2022

METHOD I PROPOSAL: Flat Rate Fee The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, in arrears on the first of every calendar month. Annual Flat Rate Fee Proposed: $_____________________/Per Year Please describe any additional value-added incentive (i.e. annual rebates, discounts, etc.) your company wishes to offer for this contract.

METHOD II PROPOSAL: Flat Rate Fee Plus Percent of Gross Sales The Contractor offers to pay the following annual flat rate fee, payable in twelve (12) equal monthly installments, due on the first day of the month for the previous month’s license rights. In addition, the Contractor further offers to pay the percent of gross sales indicated below, such percentages due no later than June 30th for the previous twelve (12) months’ gross sales. Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $100,000.00 through $299,999.99

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Flat Rate Annual Fee $__________________________________ Plus ____% of Gross Sales of $300,000.00 through $399,999.99 Flat Rate Annual Fee $__________________________________ Plus, ____% of Gross Sales of $400,000.00 or more

Please describe any additional value-added incentives (i.e. annual rebates, donations, discounts, scholarships, customized lounge décor and furniture, etc.) your company wishes to offer for this contract. The Contractor guarantees the following bid quotations for the initial contract year.

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APPENDICES Appendix A – Required Forms

Supplier Contract Affidavit Certification for Competitive Bid and Contract (Non-Collusion Certification) Certificate of Compliance Appendix B – No Bid Response Form Appendix C – Coffee Shop Drawing Appendix D – Coffee Shop Seating Layout

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APPENDIX A

Supplier Contract Affidavit Solicitation #___________________________ ______________________________________, of lawful age, being first duly sworn, on oath says: In accordance with 74 O.S. 85.42(B), the supplier certifies that no person who has been involved in any manner in the development of this contract while employed by Oklahoma City Community College shall be employed by the supplier to fulfill any of the services provided for under said contract. _____________________________________________ ________________________________ Signature Date _____________________________________________ ________________________________ Printed Name Title STATE OF ___________________________________) COUNTY OF _________________________________) Subscribed and sworn to before me this ______ day of _________________, 20_____, by ____________________ Notary Public (or Clerk or Judge) Signature ______________________________

My Commission Number ______________________________ My Commission Expires ______________________________

(seal)

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Certification for Competitive Bid and Contract (Non-Collusion Certification)

Solicitation #___________________________

A. For purposes of competitive bid or contract, I certify:

1. I am the duly authorized agent of _________________________________________________, the bidder

submitting the competitive bid herewith, for the purpose of certifying the facts pertaining to the

existence of collusion among bidders and between bidders and state officials of employees, as well as

facts pertaining to the giving or offering of things of value to government personnel in return for special

consideration in the letting of any contract pursuant to said bid;

2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this stamen is

attached and have been personally and directly involved in the proceedings leading to the submission of

such bid; and

3. Neither the bidder nor anyone subject to the bidder’s direction or control has been a party:

a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed

price or to refrain from bidding

b. to any collusion with any state official or employee as to quantity, quality or price in the prospective

contract, or as to any other terms of such prospective contract, nor

c. in any discussions between bidders and any state official concerning exchange of money or other

thing of value for special consideration in the letting of a contract.

B. I certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone

subject to the contractor’s direction or control has paid, given or donated or agreed to pay, give or donate

to any officer or employee of Oklahoma City Community College any money or other thing of value, either

directly or indirectly, in procuring this contract herein.

_____________________________________________ _________________________________________ Authorized Signature Certified this Date _____________________________________________ _________________________________________ Printed Name Title _____________________________________________ _________________________________________ Phone Number Fax Number _____________________________________________ Email

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CERTIFICATE OF COMPLIANCE IMPORTANT: THIS MUST BE READ, SIGNED AND RETURNED WITH BID DOCUMENTS

Certificate of Compliance with Executive Order 11246 as amended for Contract in Excess of $10,000. In entering into any resulting contracts over $10,000, the contractor agrees to comply with the Equal Employment Opportunity requirements stipulated in Executive Order 11246 as amended by Executive Order 11375. These specific requirements state:

I. “Equal Opportunity Clause” During the performance of this/these contract(s) the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because

for race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color or national origin. Such action 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitation or advertisements for employees placed by or on behalf of

the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin.

C. The contractor will send to each labor union or representative or workers with which he has a

collective bargaining agreement or other contractor understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractors commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The contractor will comply will all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor.

E. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

F. In the event of contractors noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965 and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor as otherwise provided by law.

G. The contractor will include the provisions of paragraphs (A) through (G) in every subcontractor purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions

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will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter such litigation to protect the interests of the United States.

II. Certification on Non-segregated Facilities By the submission of this bid and/or acceptance of purchase orders during the above period, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employee to perform their services at any locations, under his control, where segregated facilities are maintained. He further agrees that breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local customs or otherwise. He further agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certification from proposed subcontractors prior to award of subcontracts exceeding $10,000 which are not tax exempt from the provision of the equal opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods).

III. Disabled Veteran and Vietnam Era Veteran Affirmative Action Program Requirements

In entering into any contract that exceeds $10,000, the bidder agrees to comply with the Disabled Veteran and Vietnam Era Veteran Affirmative Action Program Requirements as stipulated in Public Law 93-508 and all amendments thereto. Failure to comply with the requirements of Public Law 93-508, Title 41, CFR60-250 and Title 41, CFR60-741 and all amendments thereto shall be deemed a material breach of this agreement and subject this contract to cancellation and rescission at the option of Oklahoma City Community College.

Certification of Compliance If awarded this Contract ________________________________ agrees to comply with the provisions of Clauses I and II above. _____________________________________ ______________________________ Signature Date _____________________________________ ______________________________ Printed Name Title

STATE OF ___________________________________)

COUNTY OF _________________________________)

Subscribed and sworn to before me this ______ day of _________________, 20_____, by ____________________

Notary Public (or Clerk or Judge) Signature ______________________________ My Commission Number ______________________________

(seal) My Commission Expires ______________________________

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Appendix B NO BID RESPONSE FORM

Solicitation #_______________ Please be advised that our company does not wish to submit a proposal in response to the attached referenced Request for Proposal for the following reasons: ______ Too busy at this time ______ Not engaged in this type of work ______ Project too large/small ______ Cannot meet mandatory specifications (Please specify below) ______ Other (Please specify) _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_______________________________ ________________________________ Company Name Date _______________________________ ________________________________ Signature Title _______________________________ ________________________________ Printed Name Address ________________________________ ________________________________ _________________________________ Phone Number Email

Please return to: Mr. Craig Sisco, Director of Purchasing Oklahoma City Community College Purchasing Office, JMC Room 140 Oklahoma City, Oklahoma 73159 michael.c.sisco@occc.edu

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APPENDIX C

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APPENDIX D