ESBD_415079_1746026317445_RFP 25-01 Campus Food Services.pdf

REQUEST FOR PROPOSAL

Temple College

For

Campus Food Services

RFP No. 25-01

Brian Supak Director of Purchasing

(254) 298-8609 brian.supak@templejc.edu

KEY DATES SCHEDULE

PROJECT NAME: Campus Food Services

SCOPE OF WORK: Operation and Management of Campus Food Services for either a five (5) year contract or a ten (10) year contract term.

ISSUANCE OF RFP April 30, 2025

PRE-PROPOSAL 10:00 AM CST on May 14, 2025 CONFERENCE 2600 S. 1st St., Temple, Texas, Bldg. #8

(Arnold Student Union)

There will be registration at the pre-proposal Meeting and guided tours of the facility.

The pre-proposal conference will allow all attendees to ask relevant questions and clarify provisions of this RFP. Attendance is not mandatory. Our current blueprints for this facility will be available for review at our pre-proposal meeting on May 14, 2025.

DEADLINE FOR QUESTIONS: 10:00 AM CST on May 19, 2025

SUBMITTAL DEADLINE: 12:00 PM CST on May 28, 2025

IN PERSON DELIVERY LOCATION: Temple College

Attn: Brian Supak, Director of Purchasing 2409 S. 1st St.

Temple, Texas 76504

IF MAILED: Temple College Attn: Brian Supak, Director of Purchasing

2600 S. 1st St.

BOARD OF TRUSTEES AWARD: A final determination will be made at a future board meeting. Temple College reserves the right to reject any and all Request for Proposals and waive any and all formalities and conditions.

TERM OF SERVICE/PROJECT: Either a five (5) year contract or a ten (10) year contract. The College reserves the right to negotiate a different term if so desired.

NOTICE: ALL QUESTIONS RELATED TO THIS RFP ARE TO BE DIRECTED TO BRIAN

SUPAK VIA E-MAIL TO brian.supak@templejc.edu.

mailto:brian.supak@templejc.edu

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

SECTION 1: INTRODUCTION

SECTION 2: NOTICE TO PROPOSER

SECTION 3: SUBMISSION OF PROPOSAL

SECTION 4: GENERAL TERMS AND CONDITIONS (PROPOSED AGREEMENT)

SECTION 5: SPECIFICATIONS AND SCOPE OF WORK

SECTION 6: PRICING PROPOSAL

ATTACHMENTS:

APPENDIX ONE: PROPOSAL REQUIREMENTS

APPENDIX TWO: PROPOSED AGREEMENT

APPENDIX THREE: ARNOLD STUDENT UNION

SECTION 1

INTRODUCTION

1.1 Description of Temple College

Temple College (“TC”) is located in Temple, Texas. Since 1926, Temple College has been fulfilling three promises to its students and the Temple area by providing a quality education, a vibrant student life and service to the community. Whatever course of study you choose, you will find quality instruction, caring faculty, support services designed to help you achieve your goals and a vibrant student life that is like none other at the two-year level. Through your studies and involvement in student organizations, you will come in contact with numerous opportunities for service learning, volunteerism and community assistance.

Temple College’s web page is located at http://www.templecollege.edu/.

1.2 Objective of this Request for Proposal

Temple College (“TC”) is soliciting proposals in response to this Request for Proposal, RFP No. 25-01 (this “RFP”), from qualified contractors to provide Operation and Management of Campus Food Services (the “Services”). The Services are more specifically described in Section 5.4.

Temple College plans to provide food services on its Main Campus in Temple, Texas within one (1) venue: (1) the main cafeteria located in Arnold Student Center, and an optional additional three venues (1) a quick-serve venue located in the Visual Arts & Workforce Building, (2) a quick-serve venue located in the Temple Main Building, and (3) a 600 seat event center located in the Temple Main Building (food is needed for events as they are scheduled). Any selected contractor may be asked to provide catering for on-campus events, meetings, etc., when scheduled.

Within a separate performing contract, food services are currently provided at two (2) micro-market locations: (1) One College Centre and (2) Health Sciences Center. The same contract provides various vending options around the campus.

The Contractor shall provide all labor, equipment, and supplies (for those items not provided by TC) necessary to operate and manage the Campus Food Services operation.

The Contractor must use its own employees; subcontracting of labor is specifically prohibited.

The College reserves the right to award either a five (5) year contract or a ten (10) year contract based on the submitted proposals. The College reserves the right to negotiate a different term if so desired.

All information contained in this RFP is believed to be substantially correct. However, the responsibility for determining the full extent of the services required, and verification of all information herein shall rest solely with those making proposals. Neither the College nor its representatives shall be responsible for any error or omission in this RFP.

1.3 Public Information

http://www.templecollege.edu/

Proposer is hereby notified that TC strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information. It’s the responsibility of the contractor submitting their response to clearly mark which sections of their proposal should not be released as public information. A contractor should not mark their entire proposal as not eligible to be released.

TC may seek to protect from disclosure all information submitted in response to this RFP until such time as a final agreement is executed.

Upon execution of a final agreement, TC will consider all information, documentation, and other materials requested to be submitted in response to this RFP, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Government Code, Chapter 552.001, et seq.).

Proposer will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under Sections 552.101, 552.110, 552.113, and 552.131, Government Code.

1.4 Contract and Service Agreement

Contractor, if any, will be required to enter into a contract with TC in a form substantially similar to the Proposed Agreement attached to this RFP as Appendix Two.

Proposers should be aware that the contents of the successful proposal will become a part of the subsequent contractual documents. Failure of the Proposer to accept this obligation may result in the cancellation of any award.

By submitting a proposal, the Proposer further warrants and represents that he/she has become fully acquainted with the conditions, facts, and circumstances relating to providing the services/products required under this RFP. The failure or omission of the Proposer to acquaint himself/herself with existing conditions, facts, and circumstances shall in no way relieve him/her of any obligation with respect to his/her proposal and any ensuing contract.

The services/coverages/products requested are currently anticipated to commence within the 2025-26 school year.

Each Proposer acknowledges that the College has made a reasonable attempt to provide the Proposer with relevant pricing and exposure data. The Proposer, therefore, waives any right to void the contract based upon any expressed or implied warranty or representation that the pricing or activity data provided discloses all requirements, risks or exposures known to exist in the provision of the services being requested.

1.5 Clarifications and Interpretations

TC may, in its sole discretion, respond in writing to written inquiries concerning this RFP.

Only TC’s responses that are made by formal written Addenda will be binding on TC.

Any verbal responses, written interpretations or clarifications other than Addenda to this RFP will be without legal effect. All Addenda issued by TC prior to the Submittal Deadline will be and are hereby incorporated as a part of this RFP for all purposes.

Proposers are required to acknowledge receipt of each Addendum as specified in this Section. The Proposer must acknowledge all Addenda by completing, signing and returning the Addenda Checklist (ref. Section 4 of Appendix One). The Addenda Checklist must accompany the Proposer’s proposal. It is the Proposer’s responsibility to make sure they have obtained all addenda. Addenda, if any, will be posted on the State of Texas Electronic Business Daily website at: https://www.txsmartbuy.gov/esbd.

1.6 Proposal Evaluation Process

The evaluation of the Proposals shall be based on the requirements and percentages described in Section 2.3 of this RFP. All properly submitted Proposals will be reviewed, evaluated, and ranked by TC.

TC will select Contractor by using the competitive sealed proposal process described in this Section. All proposals submitted by the Submittal Deadline accompanied by the number of completed and signed originals are required by this RFP will be opened publicly to identify the name of each Proposer submitting a proposal. Any proposals that are not submitted by the Submittal Date or that are not accompanied by the number of completed and signed originals by this RFP will be rejected by TC as non-responsive due to material failure to comply with advertised specifications. After the opening of the proposals and upon completion of the initial review and evaluation of the proposals, TC may invite one or more selected Proposers to participate in oral presentations. TC will use commercially reasonable efforts to avoid public disclosure of the contents of a proposal prior to selection of Contractor.

TC may make the selection of Contractor on the basis of the proposals initially submitted, without discussion, clarification or modification. In the alternative, TC may make the selection of Contractor on the basis of negotiation with any of the Proposers.

In conducting such negotiations, TC will use commercially reasonable efforts to avoid disclosing the contents of competing proposals.

At TC's sole option and discretion, TC may discuss and negotiate all elements of the proposals submitted by selected Proposers within a specified competitive range. For purposes of negotiation, TC may establish, after an initial review of the proposals, a competitive range of acceptable or potentially acceptable proposals composed of the highest rated proposal(s). In that event, TC will defer further action on proposals not included within the competitive range pending the selection of Contractor; provided, however, TC reserves the right to include additional proposals in the competitive range if deemed to be in the best interests of TC.

After submission of a proposal but before final selection of Contractor is made, TC may permit a Proposer to revise its proposal in order to obtain the Proposer's best and final offer. In that event, representations made by Proposer in its revised proposal, including price and fee quotes, will be binding on Proposer. TC will provide each Proposer within the competitive range with an equal opportunity for discussion and revision of its proposal. TC is not obligated to select the Proposer offering the most attractive economic terms if that Proposer is not the most advantageous to TC overall, as determined by TC.

TC reserves the right to negotiate any commissions and/or fees with the representative of the winning proposal.

TC reserves the right to (a) enter into an agreement for all or any portion of the requirements and specifications set forth in this RFP with one or more Proposers, (b) reject any and all proposals and re-solicit proposals, or (c) reject any and all proposals and temporarily or permanently abandon this selection process, if deemed to be in the https://www.txsmartbuy.gov/esbd best interests of TC. Proposer is hereby notified that TC will maintain in its files concerning this RFP a written record of the basis upon which a selection, if any, is made by TC.

1.7 TC’s Reservation of Rights/Unbalanced Proposal

TC may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. TC reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Qualifications, or to reject any and all Proposals and temporarily or permanently abandon the Project. TC makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP. Acceptance of a Proposal for consideration does not waive this reservation of rights, nor does it imply any obligation by TC.

If the best proposer’s Proposal is significantly unbalanced either in excess of or below reasonable cost analysis values normally associated with the work, the Proposal will be considered as non-responsive and will not be considered for award. The College reserves the right to evaluate and determine the next qualified Proposal for consideration of Award.

1.8 Proposer’s Acceptance of Evaluation Methodology

By submitting a proposal, Proposer acknowledges (1) Proposer's acceptance of [a] the Proposal Evaluation Process (ref. Section 1.6 of this Section), [b] the Criteria for Selection (ref. Section 2.3 of this RFP), and [c] the Proposed Agreement (ref. Appendix Two), and [d] all other requirements and specifications set forth in this RFP; and (2) Proposer's recognition that some subjective judgments must be made by TC during this RFP process.

1.9 No Reimbursement for Costs

Proposer acknowledges and accepts that any costs incurred from the Proposer’s participation in this RFP shall be at the sole risk and responsibility of the Proposer.

Proposer understands and agrees that (1) this RFP is a solicitation for proposals and TC has made no representation written or oral that one or more agreements with TC will be awarded under this RFP; (2) TC issues this RFP predicated on TC’s anticipated requirements for the Services, and TC has made no representation, written or oral, that any particular scope of services will actually be required by TC; and (3) Proposer will bear, as its sole risk and responsibility, any cost that arises from Proposer’s preparation of a proposal in response to this RFP.

1.10 Eligible Respondents

Only individual firms or lawfully-formed business organizations may apply. (This does not preclude a respondent from using consultants.) TC will contract only with the individual firm or formal organization that submits a Proposal in accordance with the requirements set forth herein.

1.11 Sales and Use Taxes

Section 151.311, Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include junior college districts. The section further permits the purchase tax free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is “necessary and essential for the performance of the contract” and “completely consumed at the job site.” In addition, the section permits the purchase tax free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if “the contract expressly requires the specific service to be provided or purchased by the person performing the contract” or “the service is integral to the performance of the contract.”

1.12 Certification of Franchise Tax Status

Respondents are advised that the successful respondent will be required to submit certification of franchise tax status as required by State Law (H.B. 175, Acts 70th Leg.

R.S., 1987, Ch. 283, p. 3242). The Respondent further agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.13 Proposal Validity Period

Each proposal must state that it will remain valid for TC’s acceptance for a minimum of one hundred twenty (120) days after the Submittal Deadline to allow time for evaluation, selection, and any unforeseen delays.

1.14 Equal Opportunity Employer

TC is an equal opportunity employer and does not discriminate in awarding contracts or employment of persons because of their race, sex, age, religion, national origin, veteran, disabled or handicap status or any other characteristic protected by law. TC requires companies with which it conducts business to be equal opportunity employers and comply with all applicable federal, state and municipal laws and regulations regarding contracting and employment practices.

1.15 House Bill 1295

The Texas Legislature adopted House Bill 1295, which was added to Section 2252.908 of the Government Code. The law states that a governmental entity agency or state agency may not enter into certain contracts with a business entity unless the business submits a disclosure of interested parties (Form 1295). This disclosure requirement applies to a contract entered into on or after January 1, 2016.

If awarded a contract, the contractor may be required to complete and submit this form.

TC will be unable to execute and services cannot be performed until the process is complete.

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

1.16 Bid Protest Procedure

A contractor who has timely responded to an Invitation to Bid, Request for Proposal, or Competitive Sealed Proposal, but is not awarded the bid, has the right to protest the bid award if the amount of the bid is over $50,000 in the aggregate. A protest must be made in writing and submitted to Campus Services no later than five (5) business days after the award of the bid. The date of the bid award will not be counted as one of the five (5) business days. Any protest submitted after five (5) business days is untimely and will not be considered by the College.

The written protest must contain the following in order to be considered:

(a) A specific identification of the statutory, regulatory, or policy provision(s) that the action complained of is alleged to have violated;

(b) A specific description of each act alleged to have violated the statutory, regulatory, or policy provision(s) identified in “a” of this subsection;

(c) A precise statement of the relevant facts;

(d) An identification of the issue or issues to be resolved;

(e) Arguments and authorities in support of the protest; and

(f) An affidavit that the contents of the protest are true and accurate.

No amendments to the protest will be considered by the College.

TC shall review the protest documentation and shall provide the protestor a final written determination regarding whether any statutes, regulations, or policies have been violated, the reasons for the determination, and remedial action to be taken, if any. This review and final determination may be made with the assistance of legal counsel. The written determination shall be made within ten (10) business days of the receipt of the protest, unless the Director of Purchasing, or the designee, notifies protestor that additional time is needed. The decision shall be final.

1.17 Domestic Preferences for Procurement and Buy American Provisions

As appropriate and to the extent consistent with law, TC has a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products) when spending Federal funds. Contractor agrees that the requirements of this section will be included in all subawards including all contracts and purchase orders for work or products under this award, to the greatest extent practicable under a Federal award. (Purchases that are made with non-Federal funds or grants are excluded from the Buy American Act). Contractor certifies that it is in compliance with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must still follow the applicable procurement rules calling for free and open competition.

SECTION 2

NOTICE TO PROPOSER

2.1 Submittal Deadline

TC will accept proposals submitted in response to this RFP until 12:00 p.m., Central Prevailing Time on May 28, 2025, in the Offices of Campus Services (the “Submittal Deadline”).

2.2 TC Contact Person

Proposers will direct all questions or concerns regarding this RFP to the following TC contact (“TC Contact”):

Attn: Brian Supak Director of Purchasing Brian.supak@templejc.edu

TC specifically instructs all interested parties to restrict all contact and questions regarding this RFP to written communications forwarded to TC Contact. TC Contact must receive all questions or concerns no later than May 19, 2025 at 10:00 A. M. TC will have a reasonable amount of time to respond to questions or concerns. It is TC’s intent to respond to all appropriate questions and concerns; however, TC reserves the right to decline to respond to any question or concern. It is the Proposer’s responsibility to make sure they have obtained all addenda. Addenda, if any, will be posted on the State of Texas Electronic Business Daily website at: https://www.txsmartbuy.gov/esbd.

2.3 Criteria for Selection

The successful Proposer, if any, selected by TC in accordance with the requirements and specifications set forth in this RFP will be the Proposer that submits a proposal in response to this RFP on or before the Submittal Deadline that is the most advantageous to TC. The successful Proposer is referred to as the “Contractor.”

Proposer is encouraged to propose terms and conditions offering the maximum benefit to TC in terms of (1) total overall cost/commission revenue to the College, (2) renovations and capital investment, if any, (3) food service management expertise, and (4) quality and options of meal programs offered. Proposers should describe all educational, state and local government discounts, as well as any other applicable discounts that may be available to TC in a contract for the Services.

An evaluation team from TC will evaluate proposals. The evaluation of proposals and the selection of Contractor will be based on the information provided by Proposer in its proposal. TC may give consideration to additional information if TC deems such information relevant.

2.3.1 The criteria to be considered by TC in evaluating proposals and selecting Contractor, will be those factors listed below.

Scoring Criteria:

Total overall cost/commission revenue TC (see section 6)……(30%) Renovations and capital investment………………………….….. (30%)

(Including future capital investment options for TC)

Food service management expertise…..……….……………..…. (20%) Professional reputation and references

Food service experience in a comparable operation Added value

Quality and options of meal program(s) offered ……..………….(20%)

Satisfactory response to specifications, general questions, and required content Quality of meal plan(s) offered (food quality selection and program plan) mailto:Brian.supak@templejc.edu

Options for different franchise tiers based on the cost to the client

SECTION 3

SUBMISSION OF PROPOSAL

3.1 Number of Copies

The proposer must submit one (1) complete copy of its entire proposal with original signatures by an authorized officer of the Proposer on all documents, plus one (1) electronic copy (USB) containing a copy of the entire proposal.

3.2 Submission

Proposals must be received by TC on or before the Submittal Deadline (ref. Section 2.1 of this RFP) and should be delivered to or, if sending by common carrier (FedEx, UPS, etc.), mailed to:

Attn: Brian Supak Director of Purchasing 2600 S.1st St.

3.3 Submittal Checklist

Proposer is instructed to complete, sign, and return the following documents as a part of its proposal. If Proposer fails to return each of the following items with its proposal, then TC may reject the proposal:

3.4.1 Signed and Completed Execution of Offer (ref. Section 2 of Appendix One)

3.4.2 Signed and Completed Pricing Proposal (ref. Section 6 of this RFP)

3.4.3 Responses to Proposer's General Questionnaire (ref. Section 3 of Appendix

One)

3.4.4 Signed and Completed Addenda Checklist (ref. Section 4 of Appendix One) It is the Proposer’s responsibility to make sure they have obtained all addenda.

Addenda, if any, will be posted on the State of Texas Electronic Business Daily website at: https://www.txsmartbuy.gov/esbd.

3.4.5 Responses to questions and requests for information in the Proposer’s General Questionnaire (ref. Section 3 of Appendix One)

3.4.6 Signed and Completed Felony Conviction Notification Form (ref. Section 5 of

Appendix One)

3.4.7 Signed and Completed Delinquent Franchise Taxes Form (ref. Section 6 of

Appendix One)

3.4.8 Signed and Completed Prohibition on Contracts with Companies Boycotting Israel Form (ref. Section 7 of Appendix One)

3.4.9 Signed and Completed Prohibition on Contracts with Companies Boycotting

Energy Companies Form (ref. Section 8 of Appendix One)

3.4.10 Signed and Completed Prohibition on Contracts with Companies that

Discriminate Against Firearms Entity or Trade Association Form (ref. Section 9 of Appendix One)

SECTION 4

PROPOSED AGREEMENT

The terms and conditions contained in the attached Proposed Agreement (ref. Appendix Two) or, in the sole discretion of TC, terms and conditions substantially similar to those contained in the Proposed Agreement, will constitute and govern any contract or agreement that results from this RFP.

SECTION 5

SPECIFICATIONS AND SCOPE OF WORK

5.1 General Information

The minimum requirements, specifications, and Scope of Work for the services are set forth below. The successful Proposer is referred to as the “Contractor.”

The objective is to provide quality food management and services, along with creative and innovative food choices to faculty, staff, and students to help promote student life and enhance the overall college experience.

TC will soon celebrate its 100th year and has about 6,000 students, (full-time, part-time, distance education, high school dual credit, and non-credit continuing education classes), about 250 faculty members, and about 200 staff members who will have access to TC’s food service venues, in addition to community members. The College partners with area high schools to provide dual credit courses and/or early college high school. The College is accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC).

TC Main Campus has two nearby apartment complexes next to the campus that houses students, many of whom participate in NJCAA athletic sports. The men compete in basketball and baseball. While the women compete in basketball, softball, and volleyball.

The student-athletes living within the apartments will need to have a meal plan designed for them.

The main cafeteria will be located on the first floor of the Arnold Student Center and expects to operate daily, except for holidays. Operation during summer sessions is varied. The cafeteria area is subject to design. The Arnold Student Center also includes the campus bookstore, the Circle of Support Food Pantry, and Marketing.

The purpose of this RFP is to obtain complete data from potential contractors to include how they propose to operate and manage TC’s food service. The responses will enable College to determine which contractor is best able to serve all of the criteria which are to be considered in the award of this contract. Proposers may propose additional tasks, options, or activities if they will substantially improve the results of this project.

5.2 Minimum Qualifications of Proposer

Each Proposal must include information that clearly indicates that the Proposer meets each of the following minimum qualification requirements:

5.2.1 Be a food service and management firm engaged in the business for a minimum of five (5) years, and must show evidence of previous food service experience in a similar college setting.

5.2.2 Must show evidence of operating similar College food services with gross sales/commissions of approximately $1,000,000 within the last five (5) years

5.2.3 Must not have previously defaulted on a food service operation contract. List any previous defaulted operations, if any.

5.2.4 Explain if the contractor’s software will be able to interface with Ellucian’s Colleague (TC’s current ERP software).

5.3 Pricing Proposal – Ref. Section 6

5.4 Scope of Work - Requirements

The awarded Contractor shall operate and manage all TC food service facilities, provide meal plans, direct sales, commuter plans, and catering services as an independent contractor. The use or sale of alcohol products, however, is strictly prohibited.

The Arnold Student Center Cafeteria (see APPENDIX THREE, area marked in pink) will be remodeled to allow for breakfast, lunch, and dinner, and open for brunch and dinner on weekends for both Fall and Spring semesters, and for an appropriate number of days before and after those semesters for early or late arrivals. Cafeteria meals should have unlimited seconds. The cafeteria is open on an agreed-upon basis for two summer sessions. Other proposed operating hours/days and meal options, of course, will be considered.

Contractor shall include meal plan options for student-athletes (which have fluctuated between 110-125 students per year), along with for-purchase meal options for faculty/staff, commuter students, and the general public.

The Contractor may, as an option, may operate a quick-serve venue located in the Visual Arts & Workforce Building, a quick-serve venue located in the Temple Main Building, and a 600 seat event center located in the Temple Main Building (food is needed for events as they are scheduled). Any selected contractor may be asked to provide catering for on-campus events, meetings, etc., when scheduled.

The Contractor shall provide an architectural design for the cafeteria space that is both functional and aesthetically aligned with Temple College.

The Contractor will provide catering services on a non-exclusive basis.

5.4.1 Responsibilities of the College

The College will provide all necessary food service equipment and facilities as agreed upon. The facilities will include a kitchen, serving area, dining areas, office space, and toilet facilities for employees. The contractor should provide a listing of standard equipment kitchen equipment, cooking equipment, all serving equipment, dining room tables and chairs, and other such furnishings needed for their operation. TC will review the listing of equipment provided by the contractor for purchase consideration when the Arnold Student Union is remodeled. The Contractor shall be responsible for its own office furnishings.

The College will provide an initial inventory of plates, flatware, glasses, serving trays, salt and pepper shakers. However, the Contractor will be responsible for maintaining this level of inventory, adding to, if necessary, and shall replace any items needed to maintain a good-working inventory.

The College will provide necessary repair and/or building maintenance for plumbing, heating, air conditioning, electrical service, and be responsible for periodic cleaning of exhaust vent ducts.

The College will provide utility service for the service venues including water, sewer, natural gas, electricity, and telephone service (dedicated line for phone and/or fax) and internet service. The College does not guarantee any uninterrupted supply of utility services and the College will not be liable to the contractor or to anyone else for any loss, damage, cost or expense which may result from the interruption of or failure of utility services.

The College will provide trash dumpsters and pest control services. It is Contractor’s responsibility to place garbage into the dumpsters.

The College will provide all necessary fire extinguishers.

The Contractor is required to pay the first $5,000 in repair costs on any kitchen/cooking equipment. The College shall furnish at its expense maintenance and repair on cooking/kitchen equipment, thereafter.

The College will have the right to inspect all facilities of the cafeteria and its operation.

Those inspections will include the quality and quantity of food, the method of service, the cleanliness and sanitation of the entire operation, including dining areas, opening and closing hours, and the cleanliness, appearance and behavior of Contractor’s employees.

The College will provide the Contractor with the results of any audits and allow Contractor sufficient time to make corrections. Repeated problems or the failure of Contractor to make timely corrections can be grounds to terminate the contract between the College and Contractor.

The College shall provide Contractor with a list of students that are eligible to participate in the meal plan, and make timely payment of each invoice for meal plans that it determines to be true and correct. Payments from College to Contractor will be based on the number of such participants.

The College will retain the privilege of using the dining area at any time that will not interfere with the food service operation. Contractor’s resident manager and College shall establish mutually agreed-upon times and hours that the facilities will be available for TC’s use. At the completion of such time these facilities are used by TC or others, TC agrees and will be responsible at TC’s expense for any required janitor and maintenance service to restore facilities to their proper condition.

5.4.2 Responsibilities of Contractor

Contractor will purchase at its expense, prepare and serve food, food products and beverages for sale and distribution at the College’s food venues.

Contractor shall not sell, assign, transfer or convey any agreement in whole or in part without the prior written consent of College.

Contractor shall provide all kitchen staff, including cooks, servers, dishwashers and other support personnel.

Contractor shall be flexible in meeting future needs regarding the operation of the food service facilities to ensure the needs of faculty, staff and students are met.

Contractor shall have the exclusive right to occupy and operate the food service facilities of College, including use of the kitchens, dining rooms, service and storage rooms, as well as auxiliary furnishings, dishes, silverware, linens, and other dining room and kitchen equipment owned by College.

Contractor will provide sack lunches or establish special serving hours for athletic teams, that are required to be off campus for College programs during regular serving hours.

Contractor must comply with all local, state, and federal health and safety regulations, including those related to food storage, handling, and preparation.

Contractor will provide its services in such a manner as to meet or exceed all requirements of the local Health Department or any other regulatory body and shall submit to the College, upon request, satisfactory evidence of such compliance.

Contractor shall be responsible for the cleanliness of the entire kitchen, food prep and serving areas, concessions, when applicable, and dining areas, including providing necessary cleaning supplies. This responsibility is for all venues. Daily spot cleaning during service hours will be required and a daily thorough cleaning after hours.

Contractor will be responsible for transporting daily all waste from its assigned areas to the appropriate provided dumpsters/receptacles. If TC has a recycling program, Contractor will adhere to those guidelines.

When Contractor furnishes catered food for an event, Contractor will be responsible for disposing of the trash and any associated clean-up.

Contractor’s employees must obtain parking permits from TC Campus Police.

Contractor shall bear the cost of rekeying all exterior doors and resetting the safe combination, if any. However, the Contractor shall not make lock changes without prior approval of TC. TC Campus Police and Maintenance must be provided copies of all keys.

Contractor is responsible for maintaining the dock in the back of the Arnold Student Union in a clean, safe, and uncluttered manner.

Contractor will be responsible for the first $5000 in repair/maintenance cost on TC-owned food service equipment each contract year (September 1 – August 31). Contractor will be responsible for all associated costs and/or damages incurred due to negligence or alteration of facilities/equipment without prior TC approval.

Contractor shall follow College’s guidelines, as well as any applicable laws, regarding the disposal of documents containing “Personally Identifiable Information” where there is a potential for identity theft. This includes, but is not limited to, names, addresses, telephone numbers, social security numbers, student identification number (A-number), credit and/or debit card numbers, bank account numbers, email addresses, passwords and/or PIN numbers.

Contractor shall comply with any logo licensing agreement as entered into by TC, and honor any current and future exclusive rights contracts that TC is bound to. Contracts of particular interest would be the bookstore, vending, exclusive beverage contracts, etc.

College shall prohibit the sale of food on campus other than by the Contractor unless departments have secured authorization from authorized TC personnel. Contractor will permit student and/or school-affiliated clubs and organizations to sell food and beverages for fundraising purposes so long as all such fundraisers are approved by TC.

Contractor shall, at its expense, keep all cafeteria furniture in proper repair and operating condition.

Contractor must periodically, but not less than annually, hold meetings or forums, to provide students with a reasonable opportunity to discuss the performance of the Contractor in providing food services.

Contractor may advertise and promote its products and services to the fullest extent to attract students, staff, faculty and guests. All advertising and promotional efforts shall be devoted to the campus community. TC representation of the endorsement shall not be permitted unless TC has given specific written approval.

Explain if the Point-of-sale software is capable of interfacing with TC’s Ellucian program (example, but not limited to, accepting purchase orders from departments, accepting financial aid/scholarship awards, residential hall rosters, etc.).

Key control is essential. Contractor will be responsible for each key assigned to perform necessary work. Contractor must have a written key control plan and must provide a key control system at their own expense. At TC’s discretion, a quarterly key audit may be performed and Contractor will be responsible for keys missing or for unauthorized duplications.

Contractor shall provide a schedule of hours of service sufficient to meet the needs of TC students, faculty and staff. Such hours will be approved by the TC.

5.4.3 Role of Contractor, Minimum Food Grades and Product Line

Contractor must use foods that meet or exceed the following grades:

• Meat: USDA “Good”

• Frozen foods: US Grade “A”

• Eggs: Grade “A”

• Staple items: USDA Grade “A”

Grades for foods that are not listed above should be equivalent to or higher than the grades shown.

All products sold or kept for sale shall conform in all respects to Federal, state, and municipal food and other applicable laws, ordinances, and regulations. No imitation, adulteration or misbranded articles shall be sold or kept for sale. All merchandise kept on hand shall be stored and handled with due regard to sanitation. Leftover perishable merchandise shall not be sold at any time.

Contractor is prohibited from selling/offering any items reasonably objected to by TC, but is not limited to the following: (a) alcoholic beverages, and (b) tobacco products. TC reserves the right to require Contractor to cease selling any item(s) that it deems inappropriate and/or unlawful.

5.4.4 Role of Contractor, Staffing

Contractor will provide an adequate staff of employees, including adequate administration and supervision at all times. The Contractor will consult with the College prior to hiring anyone with a criminal history. All staff will be required to have a background check before he/she can start work and rechecked annually to ensure the safety of TC facilities.

The background reports are to be given to TC for verification.

Contractor must designate a Food Service Manager who must come to the position trained and experienced in the management and operation of a facility that is similar to that of College. The Contractor must agree that the tenure of the Food Service Manager is dependent on the continual approval of the College.

Each employee of Contractor will strictly adhere to all campus rules and regulations. The College reserves the right to remove an employee of Contractor for cause. Contractor shall promptly remove such employee(s) from TC premises and take immediate steps to ensure that its performance under the contract will not be reduced.

Contractor will be required to ensure that all employees involved in the operation of food campus services are appropriately attired and easily identifiable, Specifically by

• Uniforms: All employees must wear clean, professional uniforms that are in line with the standards of the College and provide a neat and presentable appearance at all times during their shift. Uniforms should be in good condition and must meet health and safety standards set by the College.

• Employee Badges: All employees are required to wear a visible identification badge while working. The badge must display the employee’s name and role. The design of the badge should be clear, easily readable, and adhere to the institution’s color scheme or guidelines for identification purposes

Contractor agrees that at all times the employees of the Contractor furnishing or performing any of the services specified in the contract shall do so in a proper and professional manner. Contractor shall require all employees to dress in a professional, neat, clean manner while performing duties. Contractor will not allow employees to wear any clothing or accessory items that may be deemed as indecent or controversial.

5.4.5 Role of Contractor, Campus Card Program, Financial Requirements, Commissions

College reserves the right to maintain a campus card program which may include a debit/stored value system. The Contractor will be required to participate in this program.

If applicable. The campus card program will be valued at 1-to-1. A dollar paid equals a dollar to be spent. TC’s Business Services Office will furnish a report of sales to the Contractor monthly. A transaction fee at a rate to be determined may be offset/billed for campus card transactions.

Contractor shall pay any and all applicable property tax attributable to the food service operation and Contractor shall be responsible for collecting and remitting any tax, such as sales and use tax and employment tax.

Contractor shall keep full, timely and accurate records in accordance with generally-accepted accounting practices. Contractor agrees that all books, records, documents, accounting procedures and practices relevant to the Contract shall be subject to examination by TC and/or other parties as deemed necessary by College.

Contractor will provide TC with an audited financial statement no later than one (1) month after the completion of TC’s fiscal year end, which runs from September 1 through August

31. The financial statement shall be efficiently detailed as to provide an overview of sources of sales revenue and operating expenses. At the close of each accounting period, Contractor will provide TC with a statement of net sales.

Contractor must be capable of accepting cash, credit and debit cards, in addition to the College’s meal plan card, if applicable. If Contractor accepts cards such as Visa, Mastercard, or American Express, Contractor will pay all merchant charges associated with acceptance of these credit cards. Contractor will be PCI/DSS compliant TX-RAMP, and HECVAT compliant.

Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of unauthorized release of cardholder data. In the event of a breach of any of contractor’s security obligations or other event requiring notification under applicable laws, Contractor agrees to assume responsibility for informing all such individuals in accordance with applicable laws and to indemnify, hold harmless and defend TC and its trustees, officers, and employees from and against any claims, damages, or other harm related to such a breach.

Contractor agrees to send all TC invoices to the attention of Accounts Payable. Original invoices for TC purchases should not be sent directly to individual TC employees or departments. Copies of invoices may be sent to departments upon their request.

Contractor shall within twenty (20) calendar days following the last day of each quarterly accounting period, submit to TC a detailed operating statement indicating Gross Sales as defined herein for that period.

Contractor shall submit quarterly all necessary information to appropriately audit the payment terms of the contract to TC for commissions rendered during the Contract period. TC’s acceptance of payment from Contractor shall not be deemed to be a waiver by College of any breach by Contractor of any term or condition in the Contract.

5.4.6 Role of Contractor, Menus and Incentives

The Proposal must include sample menus of all food and beverages Contractor proposes to serve in a typical month. The Proposal must also include a comprehensive list of all items available from the Contractor’s catering service. Also, the Proposal must list any incentives or complementary food that Contractor proposes to provide to College’s employees or students.

Contractor’s invoice to college for the student-athletes shall be based on the weekly head count of students authorized on the meal plan.

Contractor will work with any student with special needs as documented by a physician and which are unavailable through the standard meal plan.

Contractor can expect patrons in dining areas to remove their own trays, dishes and utensils at the completion of their meal to the designated location.

Contractor will be expected to offer meals for camps, if requested.

Generally, it is expected that the cafeteria food services will be all-you-can-eat. College does want to look at optional plans, such as access to the cafeteria at other times of the day for drinks or snacks.

5.4.7 Role of Contractor, Use of Renovation/Investment Capital

TC anticipates remodeling the Arnold Student Union for the start of the contract. The contractor shall provide architectural plans for the redesign or optimization of the existing cafeteria space.

The design should prioritize both operational efficiency and an inviting, user-friendly environment for students, staff, and visitors. . The space planning shall include layout designs for food stations, seating areas, food storage, preparation areas, and staff areas, with consideration for accessibility, safety, and adherence to local building codes.

The design should integrate appropriate areas for queuing, dining, and relaxation, allowing for optimal flow and maximum capacity during peak hours.

The plans must also incorporate sustainability features, including energy-efficient lighting, waste management, and sustainable material selection.

All designs should be adaptable for use by students with disabilities, ensuring full ADA compliance.

If the awarded contractor’s proposal includes renovation/investment capital, TC will review the contractor's suggestions while remodeling the Arnold Student Union with the allocated renovation/investment capital and the use of this money will be spent on renovations the contractor and TC agree to at the Arnold Student Union.

After the initial remodel, the Contractor shall agree that no structural changes will be made which adversely affects building codes or the aesthetics and/or general operation of the building. Prior to any construction, the Contractor will submit for approval by TC all plans and specifications, including design of the area to be renovated, fixtures, signs, and other areas that are visible to the public. Exterior building signs will need pre-approval from TC.

Contractors are responsible for removal of all debris from the TC campus. Use of TC dumpsters must be pre-approved. Inspection will be made after completion of any refurbishing work to ensure that the project area is left clean and to code.

Utilities are brought to the premises by TC. Contractor is responsible for connecting the utilities to their equipment and for paying all related construction costs and connections.

Contractor shall schedule all work through TC’s assigned representatives. At no time shall the Contractor perform any work at site that has not been prescheduled through TC.

Any and all renovations through a third-party and/or subcontractor(s) pursuant to construction must be pre-approved by TC.

Funds would be used with the mutual agreement of Contractor and TC.

5.4.8 Role of Contractor, Transition Management Plan

The Contractor awarded the contract will submit three months prior to starting at the facility a transition management and start-up plan. It should include, but not be limited to:

• Objectives to the accomplished

• List of participants involved

• Timelines

• Written security plan

• List of possible outside personnel to assist with start-up

• Written key control plan for approval by TC

5.4.9 Role of Contractor, Training and Safety

Contractor will be responsible for training all new hires as well as providing for continuing education on security, safety, and productivity. The Contractor will maintain records of training to be reviewed upon request. Contractor is required to provide hazard training for their staff, including but not limited to, bloodborne pathogen training and right to know. Contractor must maintain an exposure control plan and train all employees on hazardous material exposure procedures.

If a food recall notice is issued, the contractor shall immediately remove this…