RFP___Sample_Lease_L-3194.pdf

Governor Gavin Newsom

THE STATE OF CALIFORNIA

THE DEPARTMENT OF CORRECTIONS AND REHABILITATION

BY AND THROUGH THE DEPARTMENT OF GENERAL SERVICES

Request for Proposal (RFP)

Notice to prospective bidders for Cafeteria space at:

Sierra Conservation Center 5100 O'Byrnes Ferry Road

Jamestown, CA 95327

Advertisement End Date: August 7, 2026 at 12:00pm

Mandatory Walk-Through Security Clearance Forms Due

August 7, 2026 at 12:00pm

Mandatory Walk-Through: August 20, 2026 at 12:30 p.m.

Walk-Through Question & Answer Period: August 20, 2026 to August 27, 2026

Submission due date: September 4, 2026 on or before 5:00 p.m.

RPF Contact:

Dorothy Godbold

Department of General Services State Owned Leasing & Development 707 Third Street, 5th Floor (L-3194) West Sacramento, CA 95605

(916) 375-4041 dorothy.godbold@dgs.ca.gov

Prepared by:

Dorothy Godbold State Owned Leasing and Development Date: July 24, 2026

TABLE OF CONTENTS

Section Page

Request for Proposal Cover…………………………………………………………………... 1

Table of Contents………………………………………………………………………………. 2

I. Introduction…………………………………………………………………

II. Project Scope………………………………………………………………………. 3

III. Project Location & Dimensions…………………………………………………… 4

IV. Proposed Time Schedule………………………………………………………….

V. Proposal Instructions……………………………………………………………….

1) Mandatory Walk-Through…………………………………………………. 6

2) Submission of Proposal…………………………………………………… 6

3) Disposition of Proposal……………………………………………………. 7

4) Cafeteria Lease Agreement………………………………………………. 7

5) Lease Execution and Performance……………………………………….

7-8

VI. Proposal Requirements…………………………………………………………… 9

1) Proposal Evaluation Criteria………………………………………………. 9-10

2) Scoring Methodology……………….……………………………………… 11

List of Exhibits………………………………………………………………………………….. 12

I. INTRODUCTION:

The California Department of General Services (DGS) on behalf of the Department of Corrections and Rehabilitation (CDCR), collectively referred to as State, invites you to review and welcomes proposals for cafeteria space located in the Sierra Conservation Center (SCC) at 5100 O'Byrnes Ferry Road, Jamestown, Tuolumne County, California.

The State is interested in leasing to a cafeteria operator that:

a. Places CDCR satisfaction as a priority in food quality, pricing, and menu selection.

b. Made to order, live food service.

c. Cash and cashless payment options.

d. Vendor’s commitment to providing reasonably priced breakfast, lunch, dinner, snacks, beverages, and grab-n-go items daily.

e. Variety of healthy, fresh, and nutritious food.

f. Ensure that the employees of CDCR consistently receive a variety of high-quality food and excellent customer-oriented service.

g. Ease of access, i.e., Ability for employees to order ahead by phone. Ability to order ahead via the internet and ability to place orders for pickup utilizing a phone application is desired, but not a requirement.

h. Option and ability for catered services but not required.

i. Weekly specials.

j. Utilizes and provides these key and unique menu factors:

Gluten free options available.

Wrap and salad options available.

Utilization of free-range eggs.

Reduced trans-fat and sodium menu options.

k. Provides quality dining options for all visitors conducting business, guests, and staff.

l. Provides professional and hospitable services within a pleasant environment.

m. Establishes and maintains control over all aspects of the food service operation.

n. Works closely with the State’s staff to quickly and effectively resolve all issues.

Please take the time to carefully read and become familiar with the proposal requirements. In submitting your proposal, you must comply with the instructions herein. All proposals submitted for consideration must be received by the date as specified on the cover page labeled “SUBMISSION DUE DATE”.

The State may not consider any proposal in which material/information requested is not furnished or where unclear or incomplete information is provided. Prospective bidders are hereby notified that this award shall be made in the best interest of the State and the State reserves the right to reject any and all proposals received in response to this request.

II. PROJECT SCOPE:

The purpose of this RFP is to enter into a Cafeteria Lease Agreement with a cafeteria vendor to service approximately 1,068 employees at SCC. The cafeteria is desired to be open 7 days a week 24 hours a day, at minimum 7 days a week, Monday through Friday from 5:00 a.m. to 5:00 p.m., Saturday and Sunday from 8:00 a.m. to 12:00 p.m.

Sustainability Compliance It is a mandatory requirement that the Awarded Bidder administer sustainable programs throughout operations. The awarded bidder should note that the State’s goal is to promote sustainable environmental practices and reduce waste by recycling and eliminating disposable products. The awarded bidder will need to become familiar with the Sustainable Food Services Standards as prescribed by the US Green Building Council’s Leadership in Energy and Environmental Design Operations and Maintenance Standards (LEED O&M).

The awarded bidder shall purchase recyclable or biodegradable paper supplies, utensils, plates, bowls, to-go containers, and any other utensil to be used by cafeteria customers. Styrofoam products are prohibited and therefore the Awarded Bidder will not purchase, use, or provide to customers any Styrofoam cups or containers.

The awarded bidder shall properly recycle all cans, plastics, cardboard, paper, aluminum, and food waste as part of the sustainable compliance effort and train cafeteria staff on all recycling practices. The awarded bidder must also contract with local waste oil recycler.

The awarded bidder shall provide cafeteria employees with food waste (organic waste) procedures and participate in the organic waste diversion program coordinated by DGS. The awarded bidder shall collect all organic waste generated in the cafeteria and deliver the material to the collection bins at the back of the building.

III. PROJECT LOCATION & DIMENSIONS:

The bid proposal is being requested for CAFETERIA SPACE located in Tuolumne County at the following address:

SIERRA CONSERVATION CENTER

5100 O’BYRNES FERRY ROAD

JAMESTOWN, CA 95327

The approximate dimensions of the facility are as follows:

Kitchen/Prep/Dry Storage/Walk-In Freezer/Walk-In Refrigerator/Dishwashing Room: 590 sqft Dining SQFT Indoors: 1680 sqft Storage Space: 250 sqft Total: 2,520 sqft

IV. PROPOSED TIME SCHEDULE

All Bidders are hereby advised of the following proposed time schedule and will be expected to adhere to the required dates and times.

Event Start Date End Date Time

RFP Advertisement Deadline (Posted on Cal eProcure) 08/07/2026 12:00 PM

RSVP Deadline for Mandatory Walk-Through

08/07/2026 12:00 PM

Security Clearance Forms Due 08/07/2026 12:00 PM

Mandatory Walk-Through 08/20/2026 12:30 p.m.

Question and Answer Period 08/20/2026 08/27/2026

Final Date to Submit Bids (postmark deadline) 09/04/2026 5:00 p.m.

Evaluation of Proposals by State 09/14/2026 TBD TBD

Award Bid 09/17/2026

Start of Lease Operations TBD

Note: The Proposed Time Schedule is subject to change upon the State’s discretion.

V. PROPOSAL INSTRUCTIONS:

1. MANDATORY WALK-THROUGH:

A Mandatory Walk-Through is scheduled at the time and location shown on page 1, the cover sheet.

During the Walk-Through the prospective bidder should carefully examine work sites and specifications. The prospective bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No blue jeans or chambray or neon green colored clothing will be allowed.

The following is required to participate in the Mandatory Walk-Through:

A security clearance form MUST be submitted with a photocopy of a State issued photo ID by 12:00 p.m. on August 7, 2026 to:

Email: Bryan.Peterson@cdcr.ca.gov Telephone: (279) 223-2867

2. SUBMISSION OF PROPOSAL:

All original proposals must be submitted by the date shown on the cover sheet under sealed cover to the following address:

Department of General Services State Owned Leasing and Development 707 3rd Street, 5th Floor (L-3194) West Sacramento, CA 95605 Attn: Dorothy Godbold

The sealed cover must be plainly marked with the Lease number and title, must show your firm name and address, and must be marked with “DO NOT OPEN”. Proposals not submitted under sealed cover may be rejected.

The proposals should be submitted in an organized manner, each copy in one volume with parts appropriately tabbed and identified for each of the following sections. The entity submitting the proposal must be the same legal entity that will be the occupant and operator of the facility. All information submitted shall relate solely to the actual cafeteria operator. EACH PROPOSAL SHOULD BE BOUND, PLACED IN A BINDER, OR STAPLED. Please submit two (2) individual copies of the proposal.

All prospective bidders must complete Form CCC-307 (Contractor Certification Clauses), labeled “Exhibit I” attached hereto and made a part hereof, and include the form in the bid package.

All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State.

A bidder may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

A bidder may withdraw its proposal by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

The State may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum to all parties who received a Proposal Package.

The awarding agency, DGS, reserves the right to reject all proposals. The agency is not required to award an agreement to lease.

Before submitting a response to this solicitation, prospective bidders should review, correct all errors, and confirm compliance with the RFP requirements.

No oral understanding or agreement shall be binding on either party.

3. DISPOSITION OF PROPOSAL:

Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Section 6251 et seq.) and subject to review by the public.

4. CAFETERIA LEASE AGREEMENT:

The winning bidder will enter into a Lease agreement with the State prior to the start of operation of the cafeteria. A sample lease is provided within this RFP as “Exhibit H” where the terms and conditions can be found. The State’s general terms and conditions within the lease are not negotiable.

The estimated monthly rent amount for this Lease will be $75.60 and the estimated monthly utilities will be $126.00.

5. LEASE EXECUTION AND PERFORMANCE

Service shall be available on the date set by the awarding agency and the awarded bidder after all approvals have been obtained and the agreement is fully executed. Should the awarded bidder fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the awarded bidder, reserves the right to terminate the agreement and award the contract to the next highest bidder.

Minimum Bid Qualifications (see sample scoring table in section VI):

1. Cover letter: Prepare a cover letter for the proposal indicating your commitment to quality and intent to adhere to the State’s interests as stated in the Introduction of the RFP. The cover letter required for this response should be signed by the individual authorized to bind the firm.

2. Legal documents (minimum of one required):

Fictitious Business Name Statement (unless not required by law).

Corporate filing with the Secretary of State (unless not required by law).

Business License

3. Financial documents (minimum of one required):

A Letter of Credit from a financial institution (minimum $10,000.00); or An Intent to Issue Letter of Credit from a financial institution (minimum $10,000.00); or A Bank Statement showing liquid assets of $10,000.00 or more.

ISPOSITION OF PROPOSAL

4. Resume: Provide qualifications summarizing the bidder’s experience in food service management.

5. References: Provide three (3) references from former clients or employers which you provided food related services. Provide reference contact name, address, and phone number.

Bid Proposal Scoring (see sample scoring table in section VI):

1. Clarity and Organization of Proposal: The proposal is presented in a clear, organized manner that facilitates the evaluation process.

2. Business Plan: Proposer shall provide their business plan that describes the overall approach to their work, identify specific techniques and methodologies that will be used and specific administrative and operational management expertise that will be employed to accomplish all tasks. Rent and hours of operation should be included in this section.

a. Labor and Training Practices:

i. Employee Handbook

ii. Describe personnel related functions designed to maintain compliance with all local, State and Federal laws including, but not limited to:

iii. Fair employment practices

iv. Lawful wage and hour practices

v. Occupational safety and health requirements

vi. Affirmative action statement

vii. Provide a list of the minimum number of hours that will be required for each on-site employee (management and hourly) prior to opening day.

viii. Specify how many total hours will be expended for management and hourly employees

b. Sanitation and Safety Practices:

i. Briefly describe sanitation and safety practices, and the anticipated program to train and reinforce standards in the cafeteria operations

ii. Outline sanitation and safety inspection procedures for the cafeteria operations

iii. Provide a sample checklist for use during the inspections, indicate the frequency of the inspections, and individuals responsible for completing the inspections

iv. Outline how you plan to prevent grease and other drainage/sewer system build-up and blockage

v. Describe Sustainability Compliance

vi. Waste, cleaning and recycling practices must comply with all current LEED standards in the Best Practices

3. Resume

a. Summary of highlights and qualifications

b. Professional experience

c. Management & supervision experience

d. Summary of total years’ experience in the industry.

4. Operating Plan and Menu Themes:

a. Provide Operating Plan:

i. Include sufficient detail to clearly describe how you will operate meal and snack service.

ii. Describe how your company solicits customer comments/complaints, and how you will initiate action

b. Provide Menu Themes and Selections:

i. Provide sample concept menu with pricing (include food and beverage merchandising techniques) along with catering services description.

VI. PROPOSAL REQUIREMENTS:

Proposal Evaluation Criteria:

o Each proposal will be checked for required information in conformance with the submission requirements of this RFP.

o The State will evaluate each proposal to determine its responsiveness to the published requirements.

o Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

MINIMUM QUALIFICATIONS

Yes No

1. Cover Letter including contact information clearly displayed:

a. Name of Owner(s)

b. Address

c. Telephone numbers

d. Email address

2. Copy of Legal Documents (minimum of one required)

a. Fictitious Business Name Statement (unless not required by law)

b. Corporate Filing with Secretary of State (unless not required by law)

c. Business License

3. Copy of financial documents

a. Letter of credit, or an intent to issue letter of credit if awarded, from a financial institution (minimum $10,000.00) or a Bank Statement referencing liquid assets in amount of $10,000.00 or more.

4. Resume

5. References

Bids must include all five (5) minimum qualification items for consideration

PROPOSAL SCORING TABLE

1. CLARITY AND ORGANIZATION OF PROPOSAL Points Possible Points

Awarded

The proposal is presented in a clear, organized manner that facilitates the evaluation process.

2. BUSINESS PLAN Points Possible Points

Awarded Proposer shall provide a business plan that describes the overall approach to their work, identify, specific techniques, methodologies and specific administrative and operational management expertise that will be used to accomplish all tasks.

3. RESUME Points Possible Points

Awarded

Highlights of Qualifications and Professional Experience 200

4. OPERATING PLAN AND MENU Points Possible Points

Awarded Provide Operating Plan:

Include sufficient detail to clearly describe business operations including food service details

Description of how customer feedback is received, and how you initiate action to comments/complaints Include food and beverage merchandising techniques

Provide Menu Selections and sample special occasion menu:

Sample concept menu and pricing Description of available catering services

TOTAL POINTS

POINTS

POSSIBLE

SCORE

SCORING METHODOLOGY

% Points Awarded

Interpretation General Basis for Point Assignment

0 - 25% Inadequate Fails to address the requirement(s) being scored or proposer does not describe any experience related to the requirement(s). The omission(s), flaw(s), or defect(s) are significant and unacceptable.

26 - 50% Adequate Proposal response (i.e. content and/or explanation offered) is adequate to meet DGS’s needs, requirements or expectations. Any omission(s), flaw(s), or defect(s), are inconsequential and acceptable.

51 - 75% Good Proposal response fully meets DGS’s needs, requirements or expectations with a high degree of confidence in the contractor’s response or business proposal. Proposer offers one or more enhancing feature, method or approach exceeding basic expectations.

76 - 100% Excellent All requirements are addressed with the highest degree of confidence in the contractor’s response or business proposal. The response exceeds the requirements in providing a superior experience, a creative approach, or an exceptional business proposal.

The proposal evaluation criteria specifies the total number of points possible for each section. Using the Scoring Methodology chart, the evaluation team will determine the points awarded for each section. For each technical scoring criteria numbers will be rounded to the nearest whole number.

List of Exhibits

The following exhibits are incorporated herein and by this reference incorporated into this RFP.

Exhibit A – Site Map (will be given to Awarded Bidder)

Exhibit B - State-Owned Cafeteria Equipment List (will be provided during Walk-through)

Exhibit C - Operational Terms and Conditions

Exhibit D – CDCR Regulations and Conduct with attachment Form 181 – Primary Laws, Exhibit E – Cleaning and Maintenance Schedule

Exhibit F - California Uniform Retail Food Facilities Law (CURFFL)

Exhibit G - Safety Check List

Exhibit H - Sample Cafeteria Lease

Exhibit I - Contractor Certification Clauses (CCC-307)

Exhibit J – Required Security Clearance Forms

EXHIBIT C

OPERATIONAL TERMS AND CONDITIONS

I. AWARDED BIDDER AGREES TO:

Establish and operate a cafeteria to provide fresh high-quality food and various pre-packaged food items in accordance with all terms and conditions, as specified herein.

SERVICES SHALL BE PERFORMED AT:

Sierra Conservation Center 5100 O’Byrnes Ferry Road

II. HOURS OF SERVICE

A. Schedule

The cafeteria is desired to be open 7 days a week 24 hours a day, at minimum Monday through Friday from 5:00 a.m. to 5:00 p.m., Saturday and Sunday from 8:00 a.m. to 12:00 p.m.

B. Schedule Modification Adjustments of operating days and hours necessitated by building conditions may be made between the SIERRA CONSERVATION CENTER and the Lessee. Any adjustments initiated by the Awarded Bidder will require thirty (30) days written notification, with a justification for the proposed change, and be approved by the on-site Correctional Business Manager I in writing before implementation.

C. Any arrangement for use of the cafeteria outside of the hours stated in this Contract shall be handled through a separate agreement with the on-site Correctional Business Manager I, which will require the Awarded Bidder to pay all associated costs, including, but not limited to: utilities, security services, additional custodial services, etc.

III. CONTACT INFORMATION:

Department of General Services State Owned Leasing and Development 707 3rd Street, 5th Floor West Sacramento, CA 95605 Attn: Dorothy Godbold

Department of Corrections and Rehabilitation Sierra Conservation Center

IV. DETAILED DESCRIPTIONS OF FOOD AND SERVICES TO BE PROVIDED

The Awarded Bidder shall serve high quality food under clean and sanitary conditions, in accordance with both the provisions and recommendations contained in the most current Food Code, U.S. Public Health Service, Publication No. (FDA) PB95-265492CEH, during the entire term of this Sublease Agreement.

EXHIBIT C (cont.)

A. Awarded Bidder shall:

1. Provide prompt, efficient, and courteous service, and avoid undue interference with the operation of the building in which services are provided.

2. Allow all employees and visitors to the building access to and use of the public dining room.

3. Maintain all licenses and permits as required by all State and local authorities, and all applicable building, health, sanitary ordinances, and other regulations and laws.

4. Employ a full-time, on-site Manager responsible for all cafeteria functions, catering services, personnel and preferably with five (5) years of consecutive employment in a similar operation with comparable responsibilities.

5. Employ sufficient and suitable personnel, secure and maintain insurance, maintain records, submit reports, and observe other Contract requirements, all as more specifically detailed herein.

6. Awarded Bidder shall conduct his/her operations as to offer the least possible obstruction and inconvenience to the public and to building tenants, with due regard to the rights of the public and to building tenants. Any person that the State deems incompetent or disorderly shall be promptly removed, and may not return to the Premises.

7. Awarded Bidder, and the agents and employees of Awarded Bidder, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

B. Menus and Pricing

1. Awarded Bidder shall provide services, sell food items, and meet the minimum standards for this cafeteria, as identified in the Request of Proposal. During each serving period, easy-to-read menus with prices listed, shall be prominently displayed for customers.

2. The menu, prices and portions as submitted in the Awarded Bidder’s proposal shall be binding upon the Awarded Bidder for at least the first year of operation. Any change in menu, prices, or portions, including additional items for sale, shall be submitted in writing and receive written approval from the State, prior to implementation.

C. Awarded Bidder’s Equipment, Utensils, and Supplies

1. All required equipment and utensils not provided by the State under the provisions of Exhibit B “Employee Cafeteria Equipment List”, shall be provided by the Awarded Bidder, and replaced when necessary due to loss, wear, breakage, or obsolescence. Equipment and utensils provided by the Awarded Bidder shall be of a quality consistent with that provided by the State. All items provided by the Awarded Bidder shall be of good quality, suitable for the purposes intended, and consistent with the quality of the various items provided by the State.

All equipment furnished by the Awarded Bidder shall be subject to State approval.

Provide all necessary expendable items and consumable supplies such as, but not limited to, paper cups, paper plates, napkins, condiments, etc.

D. Equipment, Maintenance, Repairs, and Service

1. Provide the necessary maintenance, repair, and replacement of all cafeteria equipment.

Repair means to repair or replace a component of the entire piece of equipment. Replace means to provide a new or different piece (in good working order) of equipment that is comparable in quality.

2. Awarded bidder shall keep in good working order the State’s equipment listed in Exhibit B “Employee Cafeteria Equipment List”.

3. If Awarded Bidder elects to replace the State’s equipment, Awarded Bidder shall obtain prior written authorization from the State. At no time shall any piece of State equipment be disposed of without prior written authorization. This authorization shall also provide precise instructions for the removal and disposition of this equipment. Awarded Bidder shall be responsible for all costs associated with the delivery and placement of new equipment and removal of the old equipment.

4. If Awarded Bidder elects to replace said piece of State’s equipment, ownership of the new piece of equipment shall remain with the Awarded Bidder.

5. Awarded Bidder shall be responsible for cleaning and sanitizing of equipment in all areas of the cafeteria. The Awarded Bidder shall correct to the State’s satisfaction, all damage suffered by the State due to improper maintenance of equipment, including plumbing blockages.

Provide monthly pest control service in the cafeteria, specifically, the serving area, kitchen area, dishwashing room, all storage areas, and other areas of the cafeteria not accessible to customers.

E. Preventive Maintenance, Testing and Report

1. Awarded Bidder is required to perform a preventive maintenance program pursuant to the manufacture’s specifications and requirements on all State-owned equipment. In the event the Awarded Bidder does not have a maintenance department or qualified maintenance personnel, the Awarded Bidder is required to contract with a qualified equipment maintenance source.

2. At the beginning of each month, Awarded Bidder will forward to the on-site Correctional Business Manager I a report of the preventive maintenance schedule and work actually performed providing the dates that each job was completed.

3. Failure of the Awarded Bidder to perform preventive maintenance on the equipment may result in the State obtaining maintenance company services and shall then bill the Awarded Bidder for such services.

4. Arrange for a qualified, licensed Awarded Bidder to certify the fire suppression systems semi-annually, as required by State law. Awarded Bidder is required to coordinate and schedule the inspection with the on-site Correctional Business Manager I. Awarded Bidder shall be responsible for all costs associated with the suppression system inspection.

F. Sanitation and Food Quality

1. All foods served shall be of good quality, wholesome, and free from spoilage or misbranding, and safe for human consumption. Any food that is recalled will be excluded from the menu until deemed safe to consume.

2. All employees assigned by the Awarded Bidder to perform work under this Contract shall be physically able to do their assigned work and shall be free from communicable diseases, as certified by a medical examination, done at no cost to the State. All current Federal, State, and local codes and regulations relating to food service sanitation and procedures shall be adhered to by the Awarded Bidder and its personnel at all times.

G. Awarded Bidder’s Personnel

1. Awarded Bidder shall provide examination and test reports for its personnel (all food handlers), if required by existing laws, regulations, statutes, and local ordinances.

2. Awarded Bidder shall employ sufficient personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service at all times. All employees shall be sober, conscientious, neat, and courteous. Awarded Bidder must at all times provide an adequate staff of food service employees to perform the varied and essential duties inherent to a successful food service operation. All employees shall be capable of performing the type of work for which they are employed.

3. Provide adequate, trained relief personnel to substitute for the absent regular employees, in order to ensure that a high-quality food service operation will be maintained at all times.

4. Require all personnel to comply with any instruction pertaining to conduct and building regulations that are in effect for the control of persons in the building, or as may be issued for that purpose by the State during the duration of this Contract.

5. All agents, employees, and/or representatives of the Awarded Bidder shall be professionally and appropriately attired. Awarded Bidder’s employees shall wear a distinctive item of clothing such as a badge, cap, armband, blouse, or uniform as a means of identification during the time they are in the Building. Awarded Bidder’s employees shall wear proper sanitation attire, (to include hair nets and/or head covers, and professional food service type gloves) when handling food, during the time they are performing their duties in the cafeteria.

Legible name plates identifying each employee shall be provided by the Awarded Bidder and displayed as part of the uniform.

6. All articles found by the Awarded Bidder, its personnel, or by patrons and given to Awarded Bidder’s personnel shall be turned in to the on-site Correctional Business Manager I, immediately.

7. Notify the State of any changes in those personnel allowed access to the cafeteria Premises, for the purpose of providing services outlined herein. Upon each personnel change, the State reserves the right to conduct fingerprinting and clearance through the Department of Justice, Bureau of Criminal Identification, and Information, prior to being permitted access to the Premises.

8. Awarded Bidder and its personnel shall be responsible for the security of all areas under the jurisdiction of the Awarded Bidder. Designated employees shall have the responsibility for determining that all equipment, lights, fans are turned off, and doors locked when the cafeteria is closed.

H. Licensing and Permits

Comply with all applicable laws and regulations governing the operation of a cafeteria and secure all licenses, permits, and food handlers’ cards required by law, in Awarded Bidder’s name, and at no cost to the State. Awarded Bidder shall post within the cafeteria area such permits, licenses, or notices as are required by law. All permits, licenses and notices shall be maintained current for the entire duration of this Contract.

I. Cleaning and Custodial Services

1. Provide custodial services in accordance with LEED Best Practices and any other applicable codes or regulations.

2. Provide trash and garbage removal in the cafeteria kitchen, serving, public dining, and storage areas. Garbage shall be placed in the designated area pursuant to Paragraph IX.

3. Make arrangements to clean the grease trap on a monthly basis, and clean the exhaust vent hood system on a quarterly basis, during normal business hours. Awarded Bidder is required to coordinate and schedule the cleaning with the on-site Correctional Business Manager I.

Furthermore, Awarded Bidder shall be responsible for all costs associated for cleaning the grease trap and exhaust vent hood system, which are attributable to its daily operation.

V. SAFETY

A. All of the services shall be performed in a safe, professional and competent manner and in accordance with all applicable Federal, State, and local laws, code regulations, and ordinances including, but not limited to the Fair Labor Standards Act, General Industry Safety Orders, the State and Federal Occupational Safety and Health Act, and any and all applicable Environmental Laws.

B. Awarded Bidder is responsible for completing the Safety Check List, Exhibit H “Safety Check List”, pursuant to local ordinances, State, and Federal laws and regulations.

C. All services shall meet or exceed local industry standards and practices. Awarded Bidder is also aware that the State Division of Industrial Relations (DIR/Cal OSHA) has offices on site.

VI. KEYS AND ACCESS CARDS:

Keys and access cards will be issued by the Correctional Business Manager I. Key or card issuance will require the Awarded Bidder employee’s driver’s license or other form of State-approved picture identification, given at time of key issuance. I.D. will be returned when keys are returned at end of work shift. The keys and access cards must be signed out at the beginning and returned at the end of each work shift. Lost card keys and door lock keys must be reported to the Correctional Business Manager I office immediately. The current charge for a lost card key is $15.00; however, the State reserves the right to adjust this amount. The charge for a lost door key is $500.00; however, the State reserves the right to adjust this amount.

VII. Other than expressly provided in this Agreement, the State does not contract for or desire the right of directing, controlling, or interfering with the means and methods by which the Awarded Bidder shall conduct the cafeteria.

VIII. The parties hereby agree to the following definitions:

Cafeteria shall be defined as the kitchen area, prep area, serving area, dishwashing room, storage areas and public dining area.

IX. STATE’S RESPONSIBILITIES

A. The State shall:

1. Grant the Awarded Bidder the exclusive right and privilege to operate the cafeteria and to sell and dispense food items as listed in the Request for Proposal, or other such products as may be permitted by the State to be sold within the cafeteria.

2. Notify the Awarded Bidder in writing of any conduct that the State deems to be contrary to this Contract, or any other reason for which the State is dissatisfied with the operation of the cafeteria. Awarded Bidder shall, if appropriate, take corrective action.

3. Not to direct, control, or interfere with the methods of operation utilized by the Awarded Bidder in charge of the cafeteria, other than to assert its rights under this Contract.

4. Designate an agent or representative upon whom Awarded Bidder may serve any and all complaints, demands or notices of any kind. If State desires to change its designated agent or representative, State agrees to notify Awarded Bidder.

5. Provide custodial service to maintain the cleanliness of the floors, walls, ceilings, fixtures, and windows in the public dining areas of the cafeteria.

6. Provide a designated trash and garbage collection area for the Awarded Bidder to dispose of waste.

7. Make arrangements for removal of trash and garbage from the designated collection area, at the State’s expense.

8. Provide the Premises to Awarded Bidder in it’s as-is condition, broom-swept and free of debris.

X. SETTLEMENT OF DISPUTES:

In the event of a dispute, Awarded Bidder shall file a “Notice of Dispute” with Department of General Services, director or designee within ten (10) days of discovery of the problem. Within ten (10) days the director or designee shall meet with the Awarded Bidder and Project Manager for purposes of resolving the dispute. The decision of the director or designee shall be final. In the event of a dispute, the language contained within this agreement shall prevail over any other language including that of the proposal.

Awarded Bidder shall continue with the responsibilities under this agreement during any dispute.

XI. AGENCY LIABILITY:

The Awarded Bidder warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Awarded Bidder for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

CDCR Regulations and Conduct Exhibit Page 1 Rev. 10/2022

EXHIBIT

CDCR REGULATIONS AND CONDUCT

Lessees, Licensees, Promoters, Contractors, and their agent(s), employee(s), volunteer(s), invitee(s), and subcontractor(s), non-Department employees and their agent(s), employee(s), volunteer(s) and invitee(s) who are not employed by the California Department of Corrections and Rehabilitation (CDCR), hereinafter collectively referred to as NON CDCR PARTIES, but are working, accessing, or parking within proximity to incarcerated individuals and wards housed at CDCR properties, institutions, facilities, or camps, hereinafter collectively referred to as CDCR PREMISES, agree to comply with the following laws, rules, and regulations governing behavior and conduct while on CDCR PREMISES.

NON CDCR PARTIES shall be aware of and comply with all Federal and State statutes, rules, regulations, and CDCR policies and directives (CDCR Policies) applicable to the agreement. CDCR policies shall include, but are not limited to the Department Operations Manual (DOM), California Code of Regulations title 15, any policy memoranda issued by the CDCR Secretary or jointly with the Receiver, California Correctional Health Care Services (CCHCS), and any similar department-wide guidance that may be issued by proper authority, of which the NON CDCR PARTIES has been informed by CDCR or has been published on the CDCR public internet web site, CDCR.ca.gov.

CONDUCT AND FAILURE TO COMPLY

NON CDCR PARTIES who are working in and around incarcerated individuals or wards who are housed within CDCR PREMISES are to be apprised of the laws, rules and regulations governing conduct in associating with incarcerated individuals or wards.

NON CDCR PARTIES agree that if the provisions of the agreement require NON CDCR PARTIES to enter CDCR PREMISES, NON CDCR PARTIES shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with incarcerated individuals or wards.

CDCR Form 181 CDCR PARTIES working, accessing, or parking at CDCR PREMISES must review and sign CDCR Form 181 to confirm understanding of all laws, rules, and regulations governing their conduct and behavior. Failure to comply with all these laws, rules, and regulations may lead to expulsion from CDCR PREMISES.

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CDCR Regulations and Conduct Exhibit Page 2 Rev. 10/2022

PRISON RAPE ELIMINATION POLICY (PREA)

CDCR maintains a zero tolerance for sexual misconduct on CDCR PREMISES. All sexual misconduct is strictly prohibited.

CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education, prevention, detection, response, investigation, and tracking of sexual misconduct and to address successful community re-entry of the victim.

All NON CDCR PARTIES are required to comply with the Prison Rape Elimination Policy (PREA) as described in Department Operations Manual, Chapter 5, Article 44. If NON CDCR PARTIES are providing services for th required to adopt and comply with the PREA standards, 28 Code of Federal Regulations (CFR), Chapter 1, 44, including updates to this policy. This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with PREA standards.

NON CDCR PARTIES shall not assign NON CDCR PARTIES to a CDCR PREMISES or assign NON CDCR PARTIES duties if those parties will have contact with incarcerated individuals or wards, if those parties have 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section.

NON CDCR PARTIES shall conduct a criminal background records check for each NON CDCR PARTY who will have contact with CDCR incarcerated individuals or wards and retain the results for audit purposes. By signing this Lease, License, Agreement, or Contract, the NON CDCR PARTIES agree to comply with all of the mandates of this Prison Rape Elimination Policy Section. Material omissions by the NON CDCR PARTIES regarding such misconduct or the provision of materially false information shall be grounds for removal from CDCR PREMISES and subject to potential legal action.

NON CDCR PARTIES, who have contact with incarcerated individuals or wards, shall be provided training detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the CDCR PREMISES before a NON CDCR PARTY may have contact with incarcerated individuals or wards.

Any NON CDCR PARTIES who appear to have engaged in sexual misconduct of an incarcerated individual or ward shall be prohibited from contact with incarcerated individuals and wards and shall be subject to administrative and criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies.

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CDCR Regulations and Conduct Exhibit Page 3

HEALTH, SAFETY AND SECURITY REGULATIONS

GATE CLEARANCE

NON CDCR PARTIES are required to complete a Request for Gate Clearance to enter the CDCR PREMISES a minimum of ten (10) business days prior to commencement of service. All NON CDCR PARTIES must be cleared prior to providing services. The Request for Gate C birth. Information shall be submitted to the Business Services Office contact or his or her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunication System (CLETS) check. The check will include Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check.

Gate clearance ma a serious threat to security; individual has been charged with a serious crime committed on institution property;

inadequate information is available to establish positive identity of prospective individual; or individual has deliberately falsified his or her identity.

All persons (CDCR employees and NON CDCR PARTIES) entering the facility must have a valid state son.

INGRESS/EGRESS

Excepting situations where alternate access has been granted by written agreement with CDCR, and unless otherwise directed by the entrance gate officer or Business Services Manager, NON CDCR PARTIES shall enter and exit through the all instances NON CDCR PARTIES shall remove keys from the vehicle ignition when not seated in the vehicle. Unattended vehicles shall be locked and secured at all times while on CDCR PREMISES.

EQUIPMENT SECURITY

If any state-owned and non-state-owned equipment is used by NON CDCR PARTIES for the provision of contract services, the equipment shall be rendered temporarily inoperative when not in use, by locking or other means unless specified otherwise.

FIRE LIFE SAFETY

In order to maintain CDCR PREMISES safety and security, periodic fire prevention inspections and site searches may become necessary and NON CDCR PARTIES must furnish keys to CDCR PREMISES authorities to access all locked areas at the CDCR PREMISES. The State shall in no way be responsible for NON CDCR PARTIES loss due to fire.

TOBACCO-FREE ENVIRONMENT

Pursuant to Penal Code section 5030.1, the use of tobacco products by any person on CDCR PREMISES is prohibited.

ELECTRONIC DEVICES

Electronic and communicative devices such as pagers, cell phones, and cameras or micro cameras are not permitted on CDCR PREMISES.

INTERFERENCE WITH OPERATIONS

NON CDCR PARTIES shall not cause undue interference with the operations of the CDCR PREMISES.

PICKETING

No picketing is allowed on State property.

CDCR Regulations and Conduct Exhibit Page 4

SECURITY DRIVEN DELAYS

Due to security procedures, NON CDCR PARTIES may be delayed at any time at the CDCR PREMISES vehicle or pedestrian gates and sally ports. Any loss of time checking in or out of the CDCR PREMISES gates and sally ports shall be borne by NON CDCR PARTIES.

CLOTHING RESTRICTIONS

While on CDCR PREMISES, NON CDCR PARTIES shall be professionally and appropriately dressed in clothing distinct from that worn by incarcerated individuals or wards. Specifically, blue denim pants; blue chambray shirts; orange, red, yellow, white, and chartreuse jumpsuits; and yellow rainwear shall not be worn onto CDCR PREMISES, as this is incarcerated individual or ward attire. NON CDCR PARTIES should contact the CDCR PREMISES regarding clothing restrictions prior to requiring access to the CDCR PREMISES to assure NON CDCR PARTIES are in compliance.

UNDER THE INFLUENCE

CDCR and NON CDCR PARTIES must not come upon the grounds of CDCR PREMISES or otherwise report for duty or conduct their job under the influence of intoxicants or drugs. Use of alcohol or drugs on CDCR PREMISES may result in dismissal from service and termination of this Agreement.

CDCR PREMISES AUTHORITY

NON CDCR PARTIES shall observe all security rules and regulations and comply with all instructions given by CDCR PREMISES authorities.

TUBERCULOSIS (TB) TESTING

In the event that the services required under this Agreement will be performed within CDCR PREMISES, NON CDCR PARTIES who are assigned to work with, near, or around incarcerated individuals or wards shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12-months of their initial or previous TB test under this Agreement), or more often as directed by CDCR. NON CDCR PARTIES who have any contact (physical or nonphysical) with incarcerated individuals or wards, shall be required to furnish to the CDCR Program or institution Contract Manager, at no cost to CDCR, a documented TB evaluation or test for TB infection via Tuberculin Skin Test (TST) or a blood test Interferon Gamma Release Assay (IGRA) completed within (30) thirty-days prior to the start date of the services and certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter.

COMMUNICABLE DISEASES LIABILITY

Neither the State nor any State employee will be liable to NON CDCR PARTIES for any injuries caused by exposure to any blood borne pathogens, aerosol transmissible diseases, or communicable diseases. NON CDCR PARTIES agree that they shall comply fully with all applicable Cal/OSHA regulations concerning protection of NON CDCR PARTIES from diseases; including California Code of Regulations, title 8, sections 5193 (Blood Borne Pathogens) and 5199 (Aerosol Transmissible Diseases). NON CDCR PARTIES agree to indemnify, defend, and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any of the NON CDCR PARTIES arising out of exposure to any blood borne pathogen, aerosol t performance of the agreement.

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and/or designee

EXHIBIT

CLEANING AND MAINTENANCE SCHEDULE

A. Maintenance and cleaning schedule - All cleaning and sanitation shall be done in accordance with the Exhibit G California Uniform Retail Food Facilities Law (CURFFL) and any other applicable codes or regulations. The following schedule and guidelines represent a minimum standard to be adhered to.

B. The following items for maintenance cleaning are found in the public dining, serving, kitchen, preparation, and storage areas. Other areas or parts of the cafeteria requiring special attention are identified separately, for example the public dining area has specific requirements for tables, chairs, table bases, and carpet are identified separately.

1. Counters - To be thoroughly wiped and sanitized after each break period and as often as required, to keep counters free of spots, spills, residue and refuse.

2. Floors To be inspected on a regular basis in conjunction with the use of a floor sweep schedule in accordance with Exhibit G California Uniform Retail Food Facilities Law (CURFFL) and are to be swept at a minimum of two times daily and as often as required, to keep floors free of refuse.

Floors will be mopped thoroughly at a minimum of once per day and damp mopped as often as required, to keep floors free of spills and residue. Floor maintenance is to be done every two weeks with floor systems cleaning to maintain the floors condition.

3. Food contact surfaces - Food contact surfaces and utensils are to be clean to sight and touch and sanitized before use.

4. General equipment - To be wiped and sanitized at a minimum of once per day and after each use and otherwise as often as required, to keep equipment free of spots, spills and residue and in sanitary condition for use.

5. Food preparation stations and equipment Such as the grill station, etc. shall be maintained throughout the day, including but not limited to; floors, counter-tops, service ware, sneeze guards, etc.

6. Refrigeration To have the bottoms, insides, including the door tracks cleaned thoroughly at a minimum of once per week and as often as required, to keep them free of spills, residue and build up.

7. Direct food dispensing equipment To include but not limited to soda fountain machines, coffee equipment, soup kettles, meat slicers, toasters, etc. are to be cleaned and sanitized in accordance with CURFFL on a daily basis. Cleaning of spills, spots and any residue shall be done as often as required, to keep equipment free of such matters and in sanitary operating condition.

8. Glass surfaces -…