Exhibit_-_Sample_Courthouse_Cafeteria_Contract_2026-072.docx

CAFETERIA SERVICES FOR THE COURTHOUSE AGREEMENT

2026-072

THIS AGREEMENT is by and between Collin County, a political subdivision of the State of Texas, with offices located at 2300 Bloomdale, McKinney, TX 75071 ("County") and _________________________________, a ______ corporation, with principal offices at _____________________________________ ("Firm") WHEREAS, County desires to avail itself of Firm's cafeteria services; and WHEREAS, Firm desires to perform such services for Client;

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereto, intending to be legally bound hereby, agree as follows.

1. Scope of Services

1.1 County grants to Firm, as an independent contractor, the right to provide cafeteria services for the courthouse, herein after referred to as "Services," to include services of the cafeteria located at 2100 Bloomdale, McKinney, TX 75071. Firm shall render the Services within the facility including but not limited to, the food preparation, serving, dining and storage areas designated for the Cafeteria program, all as more specifically described in the following: Exhibit A - Firm Responsibilities, Exhibit B - County Responsibilities, Exhibit C - Commission and Fees, Exhibit D - County provided equipment, Exhibit E - Insurance, Exhibit F - Collin County Request for Proposal, RFP No. 2026-072, and Exhibit G - Firm's response to Collin County Request for Proposal, RFP No. 2026-072.

2. Commencement and Termination

2.1 The agreement shall become effective as of _______ for a three (3) year term unless sooner terminated as herein provided. It may thereafter be renewed upon written agreement of the Parties for three (3) additional one (1) year periods.

2.2 The parties agree that either party shall have the right to terminate this Agreement without cause upon thirty (30) days written notice to Firm.

2.3 Regardless of which party initiates termination, County shall be entitled to compensation for any and all services completed in accordance with the provisions of this Agreement prior to termination.

2.4 County reserves the right to terminate the Agreement immediately in the event the Firm fails perform in accordance with the provisions of this Agreement.

2.5 Upon termination or expiration of this Agreement, Firm shall, as soon thereafter as is feasible, but in no later than fifteen (15) days after the effective date of termination or expiration of this Agreement, vacate all parts of the Premises occupied by Firm, remove its equipment (if applicable) and return the Facilities to County, together with all the equipment furnished by County pursuant to this Agreement, in the same condition as when originally made available to Firm, excepting reasonable wear and tear, fire and other casualty loss. If Firm has not removed its equipment (if applicable) within (15) fifteen days County reserves the right to charge a storage fee of ten dollars ($10.00) per day until the equipment has been retrieved.

3. Firm Responsibilities

3.1 Pursuant to the provisions of this Agreement, Firm shall operate and manage its Services hereunder at such locations as agreed upon and maintain its Services with appropriate merchandise of good quality at reasonable prices, which shall be approved by County.

3.2 Firm shall comply with all federal, state and local laws and regulations governing the preparation, handling and serving of foods. Firm shall procure and keep in effect all licenses and permits required by law and shall post such permits as required by law. Firm shall comply with applicable federal, state and local laws and regulations pertaining to wages and hours of employment.

3.3 Firm shall hire all employees necessary for the performance of this Agreement.

3.4 Firm shall provide all services in Exhibit A.

4. County Responsibilities

Client shall provide Firm with the space reasonable necessary for the operation of the Services and shall furnish items listed in Exhibit D.

5. Financial Arrangements

The financial arrangements of this Agreement are set forth in Exhibit C.

6. Insurance

Firm agrees to meet all insurance requirements as set forth on Exhibit E which is attached hereto and thereby made a part of this Agreement.

7. Indemnity

7.1 The Firm agrees to the fullest extent permitted by law, to indemnify and hold harmless the County and its officers, agents and employees of and from damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or occasioned by Firm's breach of any of the terms or provisions of this Agreement, or by any other negligent act, error or omission of the Firm, its agents, servants, employees, subcontractors, licensees, invitees, or any other persons or entities for whose acts the Firm is legally liable.

7.2 In claims against any person or entity indemnified under this Section 7.1 by an employee of the Firm, anyone directly or indirectly employed by the Firm or anyone for whose acts the Firm may be liable, the indemnification obligation under this Section 7.1 shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the Firm under workers' compensation acts, disability benefit acts or other employee benefit acts.

8. Independent Contractor

In the performance of services hereunder, the Firm shall be deemed an independent contractor and shall not, with respect to its acts or omissions, be deemed an agent, subcontractor or employee of the County.

9. Assignment and Subletting

The Firm agrees that neither this Agreement nor the services to be performed hereunder will be assigned or sublet without the prior written consent of the County. The Firm further agrees that the assignment or subletting or any portion or feature of the services required in the performance of this Agreement shall not relieve the Firm from its full obligations to the County as provided by this Agreement.

10. Audits and Records

The Firm agrees that at any time during normal business hours, and as often as County may deem necessary, Firm shall make available to representatives of the County for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the County to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of one (1) year from the date of final settlement of this Agreement or of such other or longer period, if any, as may be required by applicable statute or other lawful requirements.

11. Complete Contract

11.1 This Agreement, including the exhibits hereto numbered "A" through "G", constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument, signed by the County and the Firm.

11.2 Warranties contained in this Agreement are in addition to and not in lieu of, any and all other liability imposed upon the Firm by law with respect to the Firm's duties, obligations, and performance hereunder. The Firm's liability hereunder shall survive the County's final acceptance and payment for the Project. All representations and warranties set forth in this Agreement, including without limitation, this paragraph, shall survive the final completion of the Work or earlier termination of this Agreement. The Firm acknowledges that the County is relying upon the Firm's skill and experience in performing the services pursuant to this Agreement.

12. Mailing of Notices

Notices, correspondence, and all other communications shall be addressed as follows; However, the Parties hereto shall have the right from time to time to change their respective addresses by giving at least fifteen (15) days’ written notice to the other Party.

If to Collin County:

Administration 2300 Bloomdale Rd, #4192 McKinney, TX 75069 972-548-4698

If to Firm:

Name Address City, State, Zip Phone Email

Purchasing 2300 Bloomdale Rd., #3160 McKinney, TX 75071 972-548-4119 purchasing@co.collin.tx.u

All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the date such notice or communication is posted by the sending party.

13. Miscellaneous

13.1 Paragraph Headings

The paragraph headings contained herein are for convenience only and are not intended to define or limit the scope of any provision in this Agreement.

13.2 Interpret Contract Fairly

Although this Agreement is drafted by County, should any part be in dispute, the parties agree that the Agreement shall not be construed more favorable for either party.

13.3 Venue/Governing Law

This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Collin County, TX.

13.4 Parties Bound

County and Firm, and their partners, successors, subcontractors, executors, legal representatives, and administrators are hereby bound to the terms and conditions of this Agreement.

13.5 Severability

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible effect.

13.6 Effective Date

This Agreement shall be effective from and after execution by both parties hereto.

13.7 Term of Agreement

The term of Agreement shall conform to the schedule as stipulated in Exhibit "B" attached herein. No other extension shall be authorized unless granted by written agreement between the County and Firm.

13.8 Observe and Comply

Firm shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Firm agrees to defend, indemnify and hold harmless County and all of its officers, agents, and employees from and against all claims or liability arising out of the violation or any such order, law, ordinance, or regulation, whether it be by itself or its employees.

13.9 Expenses for Enforcement

In the event either party hereto is required to employ an attorney to enforce the provisions of this agreement or required to commence legal proceedings to enforce the provisions hereof, the prevailing party shall be entitled to recover from the other, reasonable attorney’s fees and court costs incurred in connection with such enforcement including collection.

13.10 Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure

[SIGNATURE PAGE FOLLOWS]

WITNESS OUR HANDS AND SEALS on the date indicated below.

COLLIN COUNTY, TEXAS

By: ______________________________

Court Order No: __________________

FIRM NAME

By: ______________________________ Title: ___________________________ Date: ___________________________ Court Order No: __________________

ACKNOWLEDGMENT

BEFORE ME, on this day personally appeared _______, of __________________, a ____________ Corporation, known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as the act and deed of the corporation, for the purposes and consideration therein expressed and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2026.

Notary Public, State of Texas

Printed Name

My Commission expires on the day of , .

BEFORE ME, _______ on this day personally appeared Michelle Charnoski, Purchasing Agent of COLLIN COUNTY, TEXAS, a political subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as the act and deed of the corporation, for the purposes and consideration therein expressed and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 2026.

Notary Public, State of Texas

Printed Name

My Commission expires on the day of , .

EXHIBIT A

RESPONSIBILITIES OF FIRM

The Firm shall occupy and maintain in a safe and healthy manner the allotted space and provide a basic menu of high quality, varied meals, snacks and beverages. It is the responsibility of the vendor to establish, review and control the menu selection, pricing, and portion sizes of all items for sale.

Minimum Specifications:

1. Provide all-inclusive food services, defined as:

c. Maintain cafeteria to include kitchen equipment, small wares, and serving and dining spaces in a clean, orderly, and healthy condition. (Proposer may propose optional food delivery that does not utilize all kitchen equipment County provides. County provided kitchen equipment is subject to change.)

d. Menu options for food and beverages that are affordable and reasonable for working employees and visitors.

2. Vendor must provide signage and menus that are easy-to-read with prices prominently displayed. Vendor is encouraged to utilize the County intranet page for employees to view menus and any specials.

3. Provide any equipment or small wares deemed necessary to do business that is not currently owned. Contractor will be responsible for repairs or replacement and will maintain ownership upon completion or termination of contract.

4. Provide carryout containers.

5. Dispose of daily trash in exterior receptacle provided by County.

6. Provide an on-site manager no less than 80% of business hours.

7. Provide each staff member a name tag and uniform to be worn throughout business hours on a daily basis. Uniform should designate that staff member is employed by vendor.

8. Obtain and maintain at vendors expense all local, state or federal licenses, certifications and/or approvals and permits necessary for operations, including City of McKinney health inspections. Includes Certified Food Handler (CFH) certification for all employees within 30 days of employment.

9. Have a Certified Food Manager (CFM) on premises during all open hours.

10. Provide copies of all McKinney Health Inspection Reports to County Project Manager within two (2) business days of receipt and consistently maintain an average Health Score rating of 4 or better with no critical violations.

11. If warranted for specific operation, prepare, maintain and follow a Hazard Analysis Critical Control Point (HAACP) plan.

12. Provide option for multiple forms of customer payment including cash, credit and debit cards that allows for sales reporting.

13. Follow all Federal and State laws related to employment.

14. All staff will be required to pass a background check performed by Collin County before they are allowed to work on-site. The County will not accept employees with the following background:

a. No persons who are on active probation or parole

b. No persons under pending indictment

c. No persons subject to an active criminal investigation

15. Business operations must meet all state, federal and local health and other regulatory requirements.

16. Deliveries will only be available to the site Monday – Friday 7:30 a.m. to 5:00 p.m.

17. Unless written approval is given from the County Administrator, owner or designated manager will have access to the site Monday – Friday 5:00 a.m. to 8:00 p.m.

18. Food shall not be prepared on the premises for another non-County location and/or contract.

19. Vendor will be subject to random environmental health inspections performed by Collin County environmental health inspectors.

20. Vendor will be financially responsible for maintaining maintenance agreements for all kitchen equipment they are utilizing.

21. Vendor will be responsible for repairs for County owned and vendor owned kitchen equipment.

22. Vendor will be responsible for disposal and emptying of grease trap contents.

23. Provide pest control through elimination and sanitation methods.

24. Utilize cleaning products approved safe for a food service environment.

25. Vendor will be responsible for all interior finish out (signage, decorations, etc.)

26. Vendor shall be responsible for all data and telecom services and infrastructure. This includes cash register, phone and credit card capabilities. (There are no data lines in the cafeteria. Forms of payment will need to operate manually, off of public Wi-Fi, or vendor's own wireless connection.)

27. Vendor is responsible for collecting payment and any related sales tax from their customers and remitting it to the appropriate tax authority.

28. If needed by vendor, vendor shall supply a dishwasher.

29. Vendor will provide signage in the cafeteria notifying patrons on how to contact vendor if customers have comments/complaints via phone and e-mail address.

30. Vendor will work with the County for placement of signs, promotions, and marketing throughout the Courthouse. While the County will post/mount any signage, the Vendor will be responsible for the cost of the signs, hardware, etc. All signs, advertising, promotions, and placement must be approved by the County.

31. Vendor shall designate a person to act as their project manager for this contract, and who will respond to communication from the County designated project manager within 48 hours.

32. Vendor will make available upon the County's request additional monthly reports of sales volume, gross revenues, proof of insurance, and other such reports or documents as may be needed.

33. In regards to any financial offer, checks will be mailed to Collin County, Treasury Office, 2300 Bloomdale Rd., Suite 3138, McKinney, TX 75071 by the close of business on the 17th of each month for the previous month. (Proposer may propose optional financial terms)

34. If more than one vendor is awarded, vendors must respect each other’s property and working spaces.

EXHIBIT B

RESPONSIBILITIES OF COUNTY

1. County will provide dumpster for trash disposal.

2. County will be responsible for all structure, building lights, painting, wall repairs, floor repair (excludes cleaning), plumbing, maintenance, electric maintenance, and annual exhaust hood cleaning; ; however, Firm would be held responsible for any repairs due to damage caused by vendor misuse.

3. County will provide water, sewer, electric and gas.

4. County will provide limited kitchen equipment. (County provided kitchen equipment is subject to change.)

5. County will be responsible for repairs and maintenance of the steamer only until warranty expires.

6. County will designate a person to act as the County’s project manager for this contract.

7. County will review requests, and if approved, provide services to post/mount signage.

8. County will work with the Vendor(s) to provide communication to County employees.

EXHIBIT C

COMMISSION AND FEES

EXHIBIT D

COUNTY PROVIDED EQUIPMENT

County provided kitchen equipment is subject to change

EXHIBIT E

INSURANCE REQUIREMENTS

1. Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County Purchasing Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract.

1.1 Commercial General Liability insurance at minimum combined single limits of ($1,000,000 per-occurrence and $2,000,000 general aggregate) for bodily injury and property damage, which coverage shall include products/completed operations, independent contractors, and contractual liability each at $1,000,000 per occurrence. Coverage must be written on an occurrence form.

1.2 Workers Compensation insurance required by Texas Law at statutory limits, including employer's liability coverage at minimum limits. In addition to these, the contractor must meet each stipulation below as required by the Texas Workers Compensation Commission; (Note: If you have questions concerning these requirements, you are instructed to contact the Texas Division of Workers’ Compensation (DWC)).

1.2.1 By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

1.2.2 The contractor's failure to comply with any of these provisions is a breach of contract by the contractor, which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity.

1.3 Commercial Automobile Liability insurance shall be no less than $500,000 combined single limits per accident for bodily injury and property damage, including owned, non-owned, and hired vehicle coverage.

2. The required limits may be satisfied by any combination of primary, excess or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following form. The vendor may maintain reasonable and customary deductibles, subject to approval by Collin County.

3. With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows:

3.1 A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be contained in the workers compensation coverage.

3.2 The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy.

3.3 All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty (30) days notice prior to cancellation, non-renewal or termination of the policy.

3.4 All copies of Certificates of Insurance shall reference the project/contract number.

4. All insurance shall be purchased from an insurance company that meets the following requirements:

4.1 A financial rating of B+VI or better as assigned by the BEST Rating Company or equivalent.

5. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following:

5.1 Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

5.2 Sets forth the notice of cancellation or termination to Collin County

EXHIBIT F

County Request for Proposal 2026-072

EXHIBIT G

Firm response to Request for Proposal 2026-072