ESBD_363298_1718634215066_RFP 2024.04 Food Service Management Final.pdf

REQUEST FOR PROPOSALS

RFP 2024.04

FOOD SERVICE MANAGEMENT

Issued June 15, 2024 by:

Cara Green, Purchasing Manager Business Services 500 College Drive

Lake Jackson, TX 77566 Phone: 979-230-3214

Email: purchasing@brazosport.edu

Submittal Deadline and Public Opening: July 17, 2024 at 2:00 p.m. CST

RFP 2024.04 Food Service Management 2

TABLE OF CONTENTS

Part Page

1.0 Proposal Requirements

2.0 Instructions to Proposers

3.0 Scope and Specifications

4.0 Evaluation and Award of Proposals

5.0 Proposer Questionnaire

6.0 General Terms and Conditions

7.0 Forms

8.0 Campus Map

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PART 1.0 – PROPOSAL REQUIREMENTS

Please carefully read this entire proposal document and specifications. Complete all forms and submit your response with all appropriate attachments.

1.1. Notice of Intention

Brazosport College (“BC”) is seeking sealed proposals from qualified firms with the intent to establish a contract for food service management.

This solicitation is not an offer to contract but a request for proposals, which constitutes an offer by the proposer to contract. If a proposal is accepted, the resulting contract, if any, is subject to approval by the BC Board of Regents (“Board”). Subsequent to Board approval, the only person authorized to commit BC contractually is the President or his designee.

1.2. Contract Award and Term

The Initial Term of the prospective contract is a period of one (1) year. BC may elect, with mutual agreement of the awarded vendor, to extend any contract awarded pursuant to this solicitation for up to four (4) additional one-year terms. The maximum duration of any contract resulting from this solicitation is a total of five (5) years, beginning from the effective date of the contract.

1.3. Request for Proposals (RFP) Documents

BC solicitation documents are made available to the public online at the BC electronic bidding system website (https://brazosport.ionwave.net/Login.aspx). It is the responsibility of the proposer to ensure the proposer has received all RFP documents and addenda.

1.4. Tentative Procurement Schedule

BC anticipates following the schedule listed below for this project. BC has the right to modify this schedule if the need arises.

DATE ACTIVITY

June 15, 2024 RFP issued to vendors.

June 25, 2024 Pre-proposal conference and site visit at BC 2:00 p.m. for all bidders. Attendance is strongly advised.

July 10, 2024

Deadline for submission of questions and/or clarifications regarding RFP. Questions must be in writing and received by 4:00 p.m. Central time in order to be considered.

July 11, 2024 Issuance of addenda, if necessary.

July 17, 2024 Proposals received by BC Purchasing Department on or before 2:00 p.m. Central time. Proposals will be opened immediately following. Only names of the respondents will be announced.

July 31, 2024 Taste testing session at BC. Set up begins at 11:00 a.m.; tasting begins at 11:45 a.m.

August 1 – 16, 2024 Recommendation of award and approval to enter into contract.

August 20, 2024 Award will be announced.

1.5. Procurement Method

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BC is utilizing the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code 44.031.

1.6. Pre-Proposal Conferences

A pre-proposal conference and site visit is scheduled for June 25, 2024, at 2:00 p.m. at Brazosport College. Attendance is not mandatory, but all prospective vendors are highly encouraged to attend in order to have a better understanding of the requirements of this RFP.

2:00 p.m.

Brazosport College

500 College Drive, BC Central Cafeteria Lake Jackson, Texas 77566

1.7. Proposal Responses

1.7.1. Proposals for work described herein must be received by 2:00 p.m. Central time on July 17, 2024, in the BC Business Office. Proposals will remain sealed until they are publicly opened immediately following the time due.

1.7.2. To be considered a responsive offer, the Proposals may be submitted electronically using the current electronic bidding system, utilized by Brazosport College.

1.7.3. Manual/paper submissions are acceptable and may be mailed with the Original Signed submission and any other requested information in a sealed envelope on the forms provided.

Proposals shall be submitted to the following address:

Brazosport College

Purchasing Manager Attn: Cara Green 500 College Drive, C-127 Lake Jackson, Texas 77566

1.7.4. Proposals submitted electronically via email or by fax will not be accepted.

1.7.5. The envelope containing proposal response documents shall be sealed and addressed as follows:

• Name, Address and Telephone Number of Proposer

• RFP 2024.04 Food Service Management

• Due July 17, 2024 by 2:00 p.m.

1.7.6. The time/date stamp clock in the Business Office shall be the official time of receipt of the submittal. No proposal received after the due date and time will be accepted or considered. Proposers are responsible for ensuring that submittals are delivered to Business Office before the deadline.

BC will not be responsible for accepting a submittal that is delivered at any campus location or any department other than the College's Business Office listed above.

1.7.7. Each proposer must complete and return the following documents:

• Part 5.0 – Proposer Questionnaire and responses

• Part 7.0 – Required Forms o Conflict of Interest Questionnaire o W-9 o Submit evidence of insurance requirements

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Taste Testing Session

A taste testing session will be held for all proposers on July 31, 2024. Set up may begin at 11:00 a.m. with attendees arriving at 11:45 a.m. Proposers must prepare and present samples of typical food items that will be prepared during the award term, if any. Sample items should include a breakfast item, a lunch meal including dessert, and a deli item.

Samples must be prepared for approximately 20 individuals. No food service equipment or utensils will be provided.

Brazosport College Dow Academic Center 500 College Drive Lake Jackson, Texas 77566

1.8. College Rights and Requirements

1.8.1. BC reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals.

1.8.2. This RFP solicitation does not in any way obligate BC to select a particular, or any, proposer for the provision of services or products outlined in this RFP.

1.8.3. BC reserves the right to select one or more proposers and/or award one or more contracts based on the best value, as determined by BC, of the overall response(s) submitted to BC, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services and/or provide the products set forth in this RFP, and the reasonableness of the proposed fee. The decision to make multiple awards, award only one contract, or to make no award rests solely with BC. BC further reserves the right to negotiate separately in any manner necessary to serve the best interests of BC. BC further reserve the right to accept, reject, or negotiate modifications in any terms of a proposer’s proposal, including a proposer’s form contract, or any parts thereof.

1.8.4. This request for proposals does not obligate BC to award a contract or pay any costs incurred by the proposer in the preparation and/or submittal of a proposal.

1.8.5. By submitting a proposal or offer, proposer agrees to and does hereby waive any and all claims it has or may have against BC and its Board of Regents, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or offer; (2) any requirements under the solicitation, request for proposal package, or related documents; (3) the rejection of any proposal or any part of any proposal or offer; (4) waiver by BC of any technicalities in the proposal package or any proposal or offer; (5) waiver or change in any non-material provision of the solicitation package or materials that do not adversely and specifically affect the previously submitted proposals or offers; and/or (6) the award of a contract, if any.

1.8.6. BC, in its sole discretion, reserve the right to accept any proposal and/or reject any and all proposals or a part of a proposal, without reason or cause, submitted in response to this solicitation.

1.8.7. BC reserves the right to waive any informalities, irregularities, and/or technicalities in this solicitation, the proposal documents, and/or any proposals received or submitted.

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1.8.8. BC is an equal opportunity educational institution, which does not discriminate on the basis of race, color, religion, national origin, gender, age, or disability.

1.8.9. BC is legally prohibited from indemnifying any other party in any agreement awarded under this RFP, as such is a considered to be a gift of public funds in violation of Article III, Section 52 of the Texas Constitution. The resulting contract, if any, shall contain no provision requiring BC to indemnify the proposer or any third party.

1.8.10. As a public community college district and political subdivision of the State of Texas, BC is subject to various federal, state, and local laws, rules, and regulations. Any agreement awarded under this RFP will include a requirement for compliance with such law’s rules, and regulations on the part of both parties as applicable.

1.9. Disadvantaged Business Enterprises

BC affords Disadvantaged Business Enterprises (DBE) equal opportunities to submit RFP responses and will not discriminate against any firm, company, or person on the grounds of race, color, sex, disability, religion, or national origin in consideration of an award.

1.10. No Third-Party Rights

The resulting contract, if any, shall be for the sole benefit of the BC and the contractor and their respective successors and permitted assigns. Nothing in the resulting contract shall create or be deemed to create a relationship between the parties to the resulting contract and any third person, including a relationship in the nature of a third-party beneficiary or fiduciary.

1.11. Prohibited Communications

1.11.1. During the period between when the RFP is made available to all prospective vendors/ proposers and the selection of the proposer and subsequent contract, proposers nor their agents and/or representatives, shall directly discuss or promote their RFP response with any member of the BC Board of Regents or college employees except in the course of college-sponsored inquiries, briefings, interviews, or presentation, unless requested by BC. This prohibition is intended to create a fair competitive environment for all potential proposers, assure that decisions are made in public, and to protect the integrity of the RFP process. Violation of this provision may result in rejection of the proposer's response. Except as provided in the above stated exceptions, the following communications regarding a particular invitation for bids, requests for proposal, requests for qualifications, or other solicitation are prohibited:

a. Communications between a potential vendor, service provider, proposer, offeror, lobbyist, or consultant and any Regent;

b. Communications between a potential vendor, service provider, proposer, offeror, lobbyist or consultant and any BC employee other than expressly and specifically permitted in this RFP;

c. Communications between any Regent and any member of a selection or evaluation committee regarding this proposal;

d. Communications between any Regent and administrator or employee regarding this proposal.

1.11.2. The communications prohibition shall be imposed on the date that this RFP is made available to all prospective vendors/proposers.

1.11.3. The communications prohibition shall terminate when:

a. The contract is awarded by the President or her designee; or

b. The award recommendations are considered by the Board at a noticed public meeting and the Board has voted to award the contract.

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1.11.4. In the event the Board refers the recommendation back to staff for reconsideration, the communications prohibition shall be re-imposed. The communications prohibition shall not apply to the following:

a. Duly noted pre-bid or pre-proposal conferences.

b. Communications with the BC administrator specifically named and authorized to conduct and receive such communications under this RFP, the BC Director of Purchasing Manager, or BC counsel.

c. Emergency contracts.

d. Presentations made to the Board during any duly noticed public meeting.

e. Nothing contained herein shall prohibit any person or entity from publicly addressing the Board during any duly noticed public meeting, in accordance with applicable Board policies, regarding action on the contract.

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PART 2.0 – INSTRUCTIONS TO PROPOSERS

This portion of the RFP includes instructions on the format proposers must follow in preparing and submitting their proposals. It further identifies how questions can be raised and will be addressed.

2.1. Compliance with Specifications

Proposers are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms of the RFP and the terms of the Agreement. Any exceptions to the terms and conditions in the RFP or the Agreement must be clearly indicated in the submitted proposal. Each proposer, by making its proposal, represents that the proposer has read and understands the RFP and the Agreement.

2.2. Disqualification

A proposer may be disqualified before or after the proposals are opened, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage.

2.3. Interpretation

This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions, and understandings (whether orally or in writing). Submitted proposals should be self-explanatory and should not require any clarification or additional information.

2.4. Questions and Clarifications

Any explanation desired by a proposer regarding the meaning or interpretation of the RFP documents must be requested in writing. In the event that a proposer has a question regarding this solicitation or process, the proposer MUST submit the question in writing within the electronic bidding system utilized by Brazosport College or to Cara Green via email at purchsing@brazosport.edu. All questions are due no later than 4:00 p.m. on July 10, 2024.

Any BC response will be in the form of an addendum to the solicitation, issued by the electronic bidding system utilized by BC. Verbal requests for information will not be honored.

2.5. Amendments

If and when any part of this package must be revised, amended, corrected, extended, withdrawn, or changed in a manner that impacts the process or the outcome, the Purchasing Manager will issue an amendment addressing the nature of the change. These changes will be numbered. It is the sole responsibility of the proposer to verify issuance of amendments and to ensure receipt thereof.

Proposer shall acknowledge receipt of any amendment in the proposer’s submission.

2.6. Open Records

BC is a governmental body subject to the Texas Public Information Act. Proposals submitted to BC as a result of this solicitation may be subject to release as public information after contracts are executed or the procurement is terminated. If a proposer believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the proposer must specify page-by-page and line-by-line the parts of the response which it believes are exempt. In addition, the proposer must specify which exception(s) to the Texas Public Information Act are applicable and provide detailed reasons to substantiate the exception(s). Vague or general claims to confidentiality will not be accepted. BC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by proposers.

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2.7. Similar Products

Whenever an article or material is defined by BC in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied (as applicable). The specified article or material shall be understood as indicating type, function, minimum standard of design, efficiency, and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design, and efficiency (as applicable).

2.8. Eligibility for Award

2.8.1. Responsive Proposal

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

2.8.2. Responsible Vendor

A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein.

a. Responsible vendor must, at a minimum, meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract prior to the beginning of work/delivery of goods;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record, as determined by BC, of past performance;

• Have necessary personnel, management, and technical capacity and capability to perform any resulting contract requirements;

• Be qualified as an established firm that is regularly engaged in the type of business necessary to fulfill the contract requirements;

• In accordance with all applicable industry standards, hold any necessary license, certification, or permit required for conducting the business of the vendor and as contemplated by this

RFP;

• Have experience in competently performing similar contracts to those contemplated by this

RFP;

• Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to Brazosport College; signing and submitting the proposal is so certifying to such non-delinquency: and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2.8.3. Proposer(s) may be requested to submit additional written evidence verifying that the firm meets the minimum requirements as necessary to perform the requirements of the solicitation and be determined a responsible proposer. Failure to provide any requested additional information may result in the proposer being declared non-responsive and the proposal being rejected.

2.8.4. A person or proposer shall not be eligible to be considered for this solicitation if the person or proposer engaged in or attempted to engage in prohibited communications as described in Section 1.11 of this solicitation.

2.9. Tax Exempt

BC is a tax-exempt entity. Proposal prices should not include taxes.

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2.10. Conflict of Interest (CIQ Form)

BC is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. Any company that does business with BC must fill out a Conflict of Interest Questionnaire (CIQ) whether or not a conflict of interest exists. A conflict of interest exists in the following situations:

a. If the vendor has an employment or other business relationship with a local government officer of BC or a family member of the officer, as described by Section 176.003(a)(2)(A) of the Texas Local Government Code resulting in the officer or family member receiving taxable income; or

b. If the vendor has given a local government officer of BC or a family member of the officer one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or family member if the gift is (a) a political contribution as defined by Title 15 of the Election Code;

or (b) a gift of food accepted as a guest; or; or

c. If the vendor has a family relationship with a local government officer of BC.

“Vendor” means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a vendor. The term includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract. The term does not include a state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7).

“Business relationship” means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Texas Local Government Code 176.001(3).

“Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).

“Local government officer” means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. Texas Local Government Code 176.001(4).

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If no conflict of interest exists, you must type N/A on Box 1 of the CIQ form, sign, and date it.

A CIQ form must be submitted for Brazosport College.

a.

BC Officers:

Dr. Vincent Solis, President

Ginger Wooster, VP Financial Services & CFO

Cara Green, Purchasing Manager

2.11. Interested Parties

BC is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits BC from entering into a contract resulting from this RFP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to BC at the time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission. The following definitions apply:

1. “Business Entity” means an entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. TEX. GOV’T CODE § 2252.908(1).

2. “Interested Party” means a person:

a. Who has a controlling interest in a business entity with whom BC contracts; or

b. Who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. TEX. GOV’T CODE

§ 2252.908(3).

3. “Controlling interest” means:

a. An ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

b. Membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or

c. Service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (c) does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries. TEX. ETHICS COMM. RULE 46.3(c).

4. “Intermediary” means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

a. receives compensation from the business entity for the person’s participation;

b. communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and

c. is not an employee of the business entity. TEX. ETHICS COMM. RULE 46.3(e).

BC Board of Regents:

Robert Perryman, Chairman Jay Gibson

Jason M. Cordoba, Vice Chairman Steven D. Solis

Cheryl Sellers Ronald Barksdale

Jennifer Monical Daniel L. Yates

Roland Hendricks

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If and when a contract is negotiated with a professional service provider, the professional service provider “business entity” must:

1. Complete Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

- All vendors must complete Form 1295, even if no interested parties exist

- In Section 2, insert “Brazosport College”

- In Section 3, insert the BC RFP # for this solicitation

2. Print a copy of the completed form (make sure that it has a computer-generated certification number in the “Office Use Only” box)

3. Have an authorized agent of the business entity sign the form

4. Submit the completed, signed, notarized Form 1295, with the signed contract

BC must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30th day after receipt by BC. After BC acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website with seven business days after receiving notice from BC.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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PART 3.0 – SCOPE AND SPECIFICATIONS

3.1. GENERAL

The awarded vendor (“Food Service Provider”) will purchase, prepare, and serve food products on the BC campus:

Catering

• Campus wide catering included but not limited to the Dow Academic Center, the Center for

Business & Industry Training, the Clarion, Student Services, Employee Development Center.

The Commons Cafeteria

• Located on the main floor of BC Central, the Commons (kitchen approx. 4500 sq. ft. and dining area approx. 5500 sq. ft.) currently offers a range of hot food items, made-to-order sandwiches, and grilled menu options. In addition, the location offers coffee and cold beverages.

Courtyard Grill

• Located in the Sadler Health Professions/ Science Complex, the Courtyard Grill (approx.

1000 sq. ft.) previously offered made-to-order sandwiches and grilled menu options but has been closed since 2020.

The College desires to contract with a Food Service Provider(s) to provide high quality food service operations with the following objectives:

a. Create a competitive advantage for the College

b. Enhance the academic environment with dining services for students, faculty, staff, and guests of the College

c. Maintain reasonable operating costs to the Colleges

3.2. CAMPUS INFORMATION

Number of students: Approximately 4,000 attend classes on campus during the day.

Number of faculty/staff: Approximately 700

Percentage of Average Monthly Sales 2 Years (2022-23):

Cafeteria: 27% $11,493 Catering: 73% $30,978 Courtyard Grill: $7,495 (pre-2020)

3.3. FEEDBACK REQUIREMENTS

3.3.1. In accordance with Texas Education Code §51.945 and BC’s Board Policy FLE (LEGAL) Student Rights and Responsibilities, Involvement in Decision Making, the Food Service Provider shall hold, at a minimum, one (1) annual meeting or forum to provide students a reasonable opportunity to discuss the performance of the food service provider. These events must be scheduled no later than November 30 of each contract period. The forum should be held once during the day and once during the evening to obtain input from the students attending day classes versus night classes.

3.3.2. Food Service Provider must provide a surveying tool available to all students, employees, and members of the public to provide feedback prior to the forum.

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3.4. EXPERIENCE AND QUALIFICATIONS

3.4.1. Food Service Provider must be licensed or incorporated to conduct business in the State of Texas.

3.4.2. Food Service Provider must have been in business for the past five (5) consecutive years, and currently be doing business in like food service operations.

3.4.3. Food Service Provider must have provided catering services for conferences, banquets, weddings, and other similar food service events for a minimum of the past three (3) years.

3.4.4. Food Service Provider must provide at least three (3) references (names, email addresses and phone numbers) regarding their services for conferences, banquets, and weddings over the past three years.

3.5. FOOD SERVICE FACILITIES

3.5.1. The food service facilities, which the Food Service Provider is expected to manage and operate for BC, shall include the entire kitchen areas of the public food service operations on the premises of BC’s campus. Food Service Provider shall permit BC designees to have full access to the premises being used by Food Service Provider under the agreement for the purpose of maintenance, or other approved activity.

3.6. MENUS, PRICES

3.6.1. The Food Service Provider shall procure and prepare all food and beverages needed for the efficient operation of the food service facilities. All vendors of food products used in the food service facilities shall be of the type that are considered and known as approved vendors by industry standards. Food Service Provider shall submit planned weekly menus for review and publication by such persons designated by BC at least one week prior to use.

3.6.2. Food Service Provider shall provide menus as well as pricing recommendations for each menu.

Once the core menus and pricing are established, changes may not be made without prior notice and the express consent of BC.

3.6.3. Menus must include options that are sensitive to special dietary needs, e.g., vegetation options, diabetic restriction options, etc.

3.7. HOURS OF SERVICE

3.7.1. The Food Service Provider agrees that such food and beverages shall be procured and prepared for sale in the food service facilities during BC official business days at regular periods as agreed upon in writing by the Food Service Provider and BC.

3.7.2. Food Service Provider shall submit recommendations for hours of service for the kitchen(s) including the option of continuous hours. Current hours of operation for the Commons Cafeteria is Monday through Thursday 7:30 a.m. – 9:30 a.m. for breakfast and 11:00 a.m. – 1:00 p.m. for lunch.

The Courtyard Grill is currently inactive the former hours of operation were Monday – Thursday 2:00 p.m. – 8:00 p.m.

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BC closes at noon Fridays during the Fall and Spring terms and is completely closed on Friday during the summer. Once service days and hours are approved, any addition or reduction shall be submitted to BC by the Food Service Provider in writing for approval prior to implementation.

Summer and holiday hours of operation will be consistent all calendar year regardless of the level of activity on campus and will be based on group needs, staff needs and summer programs.

3.8. PERSONNEL AND TRAINING

3.8.1. The Food Service Provider shall employ, at a minimum, a resident general manager to oversee the daily operation of the food service operation. In addition, the Food Service Provider agrees to recruit, hire, train, supervise, direct, and discharge all personnel that is necessary for the safe and efficient operation of food services at BC. It is expressly agreed by the parties that all such personnel shall be employees of the Food Service Provider. If applicable, a current resume of the general manager to be assigned to BC will need to be provided in the bid package.

3.8.2. The Food Service Provider agrees to only assign to duty on BC premises qualified persons of sound character and behavior. BC may request removal of any employee of Food Service Provider assigned on BC premises based on misconduct relating to BC property, personnel, or students. BC may, at any time, notify the Food Service Provider that it will no longer accept services performed by any one or more of the Food Service Provider's employees. The Food Service Provider shall commit to work with BC to remove such employee(s) from BC’s premises while working within all applicable laws and Human Resource procedures.

3.8.3. The Food Service Provider’s employment practices shall, at a minimum, be consistent with BC

Human Resource requirements.

a. In compliance with Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1978, BC is an equal opportunity institution and does not discriminate against anyone on the basis race, creed, national origin, sex (including pregnancy), age, sexual orientation, disability or veteran’s status as criteria for admission or employment.

b. Employment Practices DC (Legal), Criminal History Records of Certain Applicants

Each institution of higher education, including each college district, is entitled to obtain from the Department of Public Safety (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a security-sensitive position at the institution. The institution may deny employment to an applicant for a security-sensitive position who fails to provide a complete set of fingerprints upon request. “Security-sensitive position” means an employment position held by an employee who:

1. Handles currency;

2. Has access to a computer terminal;

3. Has access to the personal information or identifying information of another person;

4. Has access to the financial information of the college district or another person;

5. Has access to a master key; or

6. Works in a location designated as a security-sensitive area.

A security-sensitive position shall be so identified in the job description and advertisement for the position. The criminal history record information may be used only for the purpose of evaluating applicants for employment in security sensitive-positions.

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3.8.4. Food Service Provider’s employees will strictly adhere to BC’s regulations regarding personal behavior. No drinking of alcoholic beverages is allowed on campus. All behavior of Food Service Provider’s employees will be in accordance with BC’s regulations.

3.8.5. The Food Service Provider shall also provide sufficient back up in times of staff shortages due to vacations, illness, and inclement weather.

3.8.6. BC may provide on-campus employment opportunities for its students to assist in defraying the cost of their education. BC may assign certain students for employment with food services in such numbers as are mutually agreed between BC and the Food Service Provider. This policy will be mutually agreeable to the Food Service Provider and BC in compliance with all local, state, and federal regulations.

3.8.7. The Food Service Provider staff must participate in BC staff meetings and other meetings appropriate as requested by the BC Administration. The BC Administration will take care to hold these required meetings at times that do not overlap with peak traffic times in the food facilities.

The Food Service Provider shall permit and encourage the employees to attend such meetings as the BC Administration may wish to conduct in order that such employees may more completely understand the philosophy, purposes, and programs of BC and its various departments. The Food Service Provider shall be responsible for its employees’ salaries for those meetings.

3.9. SPACE, EQUIPMENT AND UTILITIES

3.9.1. BC agrees to provide and maintain the space provided for the food service facilities. BC also agrees to provide all existing fixed and movable equipment including, but not limited to, furniture, furnishings, fixtures, and the original inventoried paraphernalia and utensils necessary for the operation of the food service facilities.

3.9.2. The Food Service Provider shall provide all cleaning services that are necessary for the day-to-day operation of safe and sanitary food services. In that connection, the Food Service Provider shall, at all times, maintain the food service facilities and all equipment, furniture, furnishings, fixtures, paraphernalia, utensils, and other items therein in a clean and sanitary manner and properly and thoroughly clean all said things after each use.

3.9.3. BC shall provide regular extermination of the food service area and maintain fire suppression. BC shall provide all necessary utilities, including local telephone, gas, water, electricity, and heating, ventilating and air conditioning as may be necessary for the food service operation. The cost of such utilities shall be paid by BC.

3.9.4. The utmost importance is placed on proper sanitation standards. National Sanitation Foundation (NSF) standards for food service establishments must be monitored and maintained. The Food Service Provider will provide services in accordance with sanitation standards and work with BC on maintaining the operations. Any violations of these standards shall be reported to the BC Administration with a detailed plan for correction of the violation at hand. The Food Service Provider shall adhere to the highest standards of cleanliness and sanitary practices to ensure continual sanitation in all functions and matters related to the food service operations, including the appearance and performance of the food handlers in the preparation, service, transport, and storage of food and related items. All inspection reports issued by health and safety agencies shall be submitted to the BC Administration.

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3.9.5. The Food Service Provider should do everything possible to protect customers and employees’ health by operating clean, safe, and sanitary premises. To make the facilities maximally appealing to customers, the Food Service Provider will employ housekeeping and sanitation programs that meet the highest standards of cleanliness.

3.9.6. Food shall be properly handled, transported, stored, refrigerated, and frozen to prevent spoilage and contamination. When food service is not operating, all food shall be stored and/or disposed of properly to prevent spoilage during unsupervised periods.

3.9.7. Washing procedures for dishes, glasses, silverware, utensils, pots, and pans shall result in thorough cleaning and sanitation.

3.9.8. The Food Service Provider shall use an aggressive program of accident prevention and safety education. Proper instructions and training shall be provided on the use of the equipment and techniques of handling food to aid in the goal of having an accident free, safe environment. First aid supplies will be available for use as needed. Employees are to be trained by the Food Service Provider where to find the first aid supplies and how to use them. All injuries and accidents are to be reported to the BC Administration on the day they occur.

3.10. OTHER SERVICES

3.10.1. The Food Service Provider agrees to procure laundry, uniform, linen, and other services needed for the efficient operation of the food services facilities. The Food Service Provider shall not enter into service contracts with third parties relating, or affecting, the operation of the food service facilities without prior approval of BC.

3.10.2. The Food Service Provider agrees to comply with BC’s policies regarding the purchase and use of environmentally safe supplies.

3.10.3. The Food Service Provider agrees to consult with the selected BC representative(s) one time per year, at a minimum, or as requested for the purposes of:

a. Reviewing menus, prices, and hours of operation

b. Reviewing inspection reports

c. Listening to student, staff, and community complaints

d. Following up on issues raised by those in Item "c." And making recommendations to resolve complaints.

3.11. CATERING

3.11.1. Food Service Provider may be given preference for catering services on campus. BC will not be required to utilize the Food Service Provider for on-campus catering services.

3.11.2. A comprehensive catering program shall be offered that meets the needs of BC. The Food Service

Provider will use its best efforts to promote and enhance the catering service. A catering brochure and pricing guide will be required for approval of the BC Administration.

3.11.3. Food Service Provider should provide detailed standards for catering events ranging from informal meetings to formal sit down and buffet style dinners. Food and beverage service for both BC sponsored or affiliated functions, such as banquets, receptions, refreshment services, private parties, conferences, or other special events, shall be provided as requested of the Food Service Provider.

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3.11.4. The Food Service Provider shall honor the specific commitments of menus, prices, and other arrangements made by the BC Administration for catering service prior to the start of the contract.

3.12. FIXTURES, FURNITURE, EQUIPMENT INVENTORY

3.12.1. All fixtures, furniture, equipment, paraphernalia, utensils, and other items shall be inventoried and documented upon the Food Service Provider’s occupation of the BC’S food service facilities. The Food Service Provider shall ensure that each item inventoried is returned to BC upon the termination of this contract, subject to normal wear and tear, damage by fire, flood, or other unavoidable occurrence, theft by persons other than employees of Food Service Provider, outdated equipment taken out of service, or for those acts that may have occurred without negligence or intentional misconduct on the part of Food Service Provider, its employees, or agents.

3.13. BOOKKEEPING AND ACCOUNTING

3.13.1. The Food Service Provider agrees to keep and maintain accurate books and records of the food service provided under this agreement, including day-to-day operating records regarding sales, in accordance with generally accepted accounting principles. The Food Service Provider shall provide BC with a copy of any of Food Service Provider’s sales reports (including sales tax reports) upon request by BC. Such books and records shall be kept for a period of no less than four

(4) years and in accordance with Texas record retention laws and be made available for inspection by BC during regular business hours at BC’s principal office. BC may, at any time, order an audit at its expense. If any such audit reveals an error in the Food Service Provider’s sales and commission statements to BC in excess of two percent (2%) of the correct amount of receipts or disbursements for any given month(s), the Food Service Provider shall reimburse BC for the cost of such audit.

3.13.2. Billing

a. Collections and billings for special events, catering etc. shall be made by the Food Service

Provider directly to the organization or individual requesting or sponsoring the event. Food Service Provider will require a purchase order upon booking any event.

3.14. FEES AND FUNDS FOR OPERATION

3.14.1. The Food Service Provider shall pay to BC a proposed commission of the gross sales generated from the food service and catering.

3.14.2. All commissions due to BC shall be paid on a monthly basis. Payments will be due to the College on the last day of the following month after the end of each calendar month. Food Service Provider shall pay a one hundred dollar ($100) penalty for each month, or a portion thereof, that any monthly commission is past due.

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3.14.3. The Food Service Provider shall provide on its own credit all food, beverages, material, and administrative supplies of any kind, together with labor and management necessary for the efficient operation of said food services. Food Service Provider shall provide an operating fund for the payment of operating expenses of the food service operations and shall replenish said fund as required to continue to keep the facility operating. Said operating fund shall be used for payment of the following:

a. All salaries, taxes, insurance, employee benefits, vacations and related costs paid or incurred by the Food Service Provider as a result of all personnel working in the food service facilities pursuant to this agreement;

b. All foods procured by the Food Service Provider for sale at the food service facilities;

c. All laundry, uniform, linen printing, and other services rendered by third parties in connection with the food service;

d. Replacement of all supplies, including, but not limited to, glassware, tableware, and dishes necessary for the efficient operation of the food service;

e. Repair, replacement, and maintenance of all food service equipment, fixed and movable, not otherwise paid for by BC or deemed as normal wear and tear acceptable to industry standards;

f. Federal, state, and local sales and excise taxes and license fees;

g. All insurance and health examination charges;

h. Office supplies, long-distance telephone expenses, copying expenses and postage fees;

i. Administrative, bookkeeping and accounting fees and expenses;

j. Other necessary and proper expenses of the food services.

3.14.4. BC shall pay on a timely manner all costs related to the utilities required to operate the food service facility provided Food Service Provider exercises reasonable care in the consumption of said utilities.

3.14.5. BC agrees that all equipment currently used in the food service operation shall be in good working order upon acceptance of the contract by the Food Service Provider. Routine and preventive maintenance shall be performed by BC for the equipment purchased by BC, and major repairs due to normal wear and tear shall be the responsibility of BC. Any repairs required as a result of negligence or intentional misconduct by the Food Service Provider, agents, or employees, shall be the responsibility of the Food Service Provider.

3.14.6. BC shall not be held responsible for any action or legal summons made by a third party for any or all nonpayment of bills on the behalf of the Food Service Provider.

3.15. OTHER APPLICABLE PROVISIONS

3.15.1. The Food Service Provider agrees to comply with all policies, rules, and regulations of BC. The Food Service Provider agrees to operate and maintain all food service operations in accordance with all applicable laws, ordinances, regulations, and rules of Federal, State, and Local authorities relating to standards of health, safety, and cleanliness. All structural or equipment modifications that may be necessary for food service to comply with such requirements and standards shall be made by BC. The Food Service Provider agrees to provide a copy of all Federal, State or Local inspection reports to BC’s Purchasing Department.

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3.15.2. The Food Service Provider agrees that, prior to commencement of the operation of food services for BC, Food Service Provider shall have or obtain any and all permits and licenses applicable to such operation at Food Service Provider’s expense. The Food Service Provider shall maintain all such permits and licenses throughout the term of the contract at Food Service Provider’s expense.

3.15.3. The Food Service Provider agrees to procure and maintain adequate worker's compensation insurance applicable to all persons employed in the performance of services for Food Service Provider hereunder, and to provide certification evidencing such insurance to BC prior to the commencement of such operation, including annual renewals. BC may request at any time proof of such insurance coverage.

3.15.4. The Food Service Provider shall be liable to BC for any loss or damage of or to BC’s property resulting in whole or in part, from the negligent acts or omissions or intentional misconduct of Food Service Provider, its agents, or employees. The Food Service Provider will be responsible for any insurance deductibles associated with any such loss or damages.

3.15.5. Vending services are not included in the scope of services for the Food Service Provider.

3.16. MARKETING AND PROMOTIONS

3.16.1. Marketing a food service operation is becoming more important as the number of customers increases and tastes and requirements change. Marketing should include, as a minimum, advertising food items, services offered, specials dietary health care, and information about key Food Service Provider personnel.

3.16.2. The Food Service Provider will bear all costs associated with design, development, and printing of promotional brochures, banners, signs, as requested and approved by BC.

3.16.3. The Food Service Provider will develop and distribute a weekly food services calendar identifying special events, and food specials. This can be web-based in nature.

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PART 4.0 – EVALUATION AND AWARD OF PROPOSALS

In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the BC Evaluation Committee, to be the best value to BC. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document.

4.1. Evaluation Criteria

A committee selected by BC will review and evaluate all proposals and make a recommendation to the respective governing boards. BC will base recommendations for contract award(s) on the following factors, in accordance with Texas Education Code §44.031:

Evaluation Factors Weighted

Value

Qualifications and Experience of Firm

Including reputation of vendor and of vendor’s goods and/or services;

vendor’s past relationship with BC; references

Qualifications and Experience of Personnel 10

Proposed Food Service Program

Including extent to which the goods and/or services meet BC needs;

quality of vendor’s goods and/or services

Fin…