request for proposal on contract no. 17-23 food … for proposal on contract no. 17-23 food services...

Request for Proposal

On Contract No. 17-23

Food Services – Cafeteria and Catering

LUZERNE COUNTY COMMUNITY COLLEGE

1333 South Prospect Street Nanticoke, Pennsylvania 18634

Pre-RFP Conference – December 9, 2016 @ 10:00 a.m.

RFP Opening – December 20, 2016 @ Noon

LUZERNE COUNTY COMMUNITY COLLEGE Request for Proposal 17-23

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TABLE OF CONTENTS

Sec. 1 Invitation to Respond 3 Contingent Fees 12 Sec. 2 General Information 4 Termination of Contract 12 Sec. 3 Instructions to Service Providers - Notices 12

Introduction 5 Assignment of Claims 12 Definitions 5 Disputes 13 Timeline for Submission 5 Provisions Severable 13 Preproposal Meeting 5 Waiver of Rights 13 Service Provider’s Representation 6 Assignment of Contract 13 Submission and Opening 6 Proprietary Rights 13 Procedure for Submission of Q’s 6 Inspection of Premises 13 Modification /Withdrawal of RFP 6 Proposal Organization 13-14 Proposal Ownership 7 Qualification of Contractors 14 Costs Associated with RFP Prep. 7 Award without Discussion 14 Term of Contract 7 Proprietary Data 14 Point of Contact 7 Compliance with RFP 14 Addenda and Interpretations 7 Authority to Bind Proposal 14 Inclement Weather 7 Acceptance, Negotiation & Award 14 Compliance with Law 7 Revised and/or Add’l Provisions 14 Qualifications of Service Provider 8 Discrimination 14 Taxes 8 Integration & Severability 15 Conditions of Work 8 Sec. 5 Scope of Services - Indemnification 8 Summary 16 Prohibition of Assignment 8 Financial Arrangements 16 Method of Award 8 Record Keeping & Business Assoc. 17 Evaluation of Proposals 8 Hours of Operation 17 Governing Law 9 College Calendar and Holidays 17 Insurance Requirements 9 Enrollment 17-18 Proposal Security 10 Gross Sales Information 18 Failure to Uphold Contract 10 Personnel 18-19

Sec. 4 Contract Requirements - Responsibilities 19-21 Contractor Status 11 Food Prices and Portions 21 Evaluation and Selection Process 11 Point of Sale System 21 Site Location 11 Menu and Promotion 22 Vending Services 11 Catering Services 22 Contract Changes 11 Quality Control 23 Payment for Extra Services 11 Bid Submittal Requirements 24-26 Delegation of Authority 12 Sec. 6 Pricing Form 27 Restrictions 12 Sec. 7 Non-Collusion Affidavit 28-29


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SECTION 1.

INVITATION TO RESPOND

Sealed proposals Food Services – Cafeteria and Catering for Luzerne County Community College will be received by the College at their Purchasing Department located in Room 513A, 1333 South Prospect Street until Noon EST on Tuesday, December 20, 2016. The College address is 1333 South Prospect Street, Nanticoke, PA 18634. A mandatory Pre-proposal Conference will be conducted on Friday, December 9, 2016, at 10:00 a.m. EST in the Conference Room of the College (Room 519 -- Bldg. 5) of the College at the above address to answer Service Provider’s questions on this RFP and to provide an opportunity to inspect the work site. Contract documents, including Invitation to Respond, General Information, Instructions to Service Providers, Contract Requirements, Scope of Services, and Submission Requirements may be obtained from the College Purchasing Department in person or upon written request. Notice of the Purchasing and Conflict of Interest Policies in place at Luzerne County Community College ("LCCC"): Each owner/operator/individual/officer submitting a proposal or for whom a proposal is being submitted on behalf of the owner (each being referred to for purposes of this Section 1 as a “Provider”) to LCCC certifies that he/she/they are not a spouse, child, parent, brother/sister (each being referred to as an "Immediate Family Member") of any LCCC employee or Board of Trustee member at LCCC who owns more than a one (1%) percent ownership interest in the Provider/Provider’s business. If the Provider is an Immediate Family Member, according to College Policy and Procedure, disclosure must be made, and LCCC may decline entering into a business relationship with the Provider. Disclosure shall be made in writing at the time of submitting the proposal to the Director of Purchasing. Violations of any of the policies or procedures may result in rejection of the proposal. Additionally, LCCC may have the right to recover damages suffered by LCCC in obtaining an alternative proposal, which damages may include, but are not limited to, consequential damages and reasonable attorney’s fees. Copies of these policies and procedures are available from LCCC upon request. Under the Right To Know Law, the College is required to post to the PA Treasury Website all documents (BPO, PO, contract or agreement) for transactions valued at $5,000.00 and above.


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SECTION 2.

GENERAL INFORMATION

ABOUT LUZERNE COUNTY COMMUNITY COLLEGE Background Information College Mission Luzerne County Community College is a public learning institution primarily serving the residents of Luzerne and surrounding counties in Northeastern Pennsylvania. Our mission is to provide excellence in education, foster student success in achievement of goals and positively impact Luzerne County and the surrounding Northeastern Pennsylvania region. Our Institutional Goals include: •Provide a foundation of core knowledge and skills •Develop contributing and culturally competent members of society •Guide the learner in pursuit of educational and career goals •Design a quality educational experience accessible for all learners •Develop partnerships within the community to contribute to the economic, technological and social advancement of the region. History of the College On August 17, 1966, the Luzerne County Board of Commissioners requested the Pennsylvania State Board of Education for permission to establish and operate a community college. Such permission was granted by the State Board of Education on September 15, 1966. The college opened its doors for the first time on October 2, 1967 and the first class, numbering 210, graduated in June of 1969. The College’s permanent campus facilities in Nanticoke, Pa were occupied at the beginning of the Spring Semester, 1974. As of May 2011, the College had graduated over 26,000 students who are currently employed locally in public and private businesses and institutions or who have transferred to more than 60 four-year colleges and universities for further study. College Location and Facilities The permanent campus of Luzerne County Community College is situated on a 167-acre site at 1333 South Prospect Street in Nanticoke, PA. In addition, six dedicated sites are located in surrounding counties. These sites include permanent educational facilities in Berwick, Hazleton, Wilkes-Barre, Scranton, Kulpmont and Northumberland. Enrollment at the College stands at approximately 6,600 full and part-time students. Continuing Education, workforce development training, professional development, public safety and certification programs raise the number of people learning through LCCC to approximately 9,000 per year.


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SECTION 3.

INSTRUCTIONS TO SERVICE PROVIDERS 1. INTRODUCTION

Luzerne County Community College is soliciting proposals for Food Services in accordance with the following information and guidelines. This Request for Proposal (RFP) is part of a competitive procurement process which is intended to serve the best interests of the College and will provide firms with a fair opportunity for their services to be considered. This RFP states the instructions for submitting proposals, the procedure and criteria by which a Service Provider will be selected, and general contractual terms and requirements the College will include in any resulting contract.

2. DEFINITIONS

As used throughout this document, the following terms shall have the meaning as set forth below:

A. The term "College" or “LCCC” shall refer to Luzerne County Community College. B. The term “Service Provider” or “Provider” shall refer to those firms potentially submitting

proposals to perform the services described herein. C. The term Food Services Management Company ("FSMC”) or “Contractor" shall refer to the

successful Service Provider to whom the contract is awarded by the College Board of Trustees. D. The term “Request for Proposal” or “RFP” shall refer to this document and the requirements

contained herein. E. The term “Proposal” or “Proposals” shall refer to the document submitted by Service Providers in

response to this solicitation. F. The term “Contract” or “Agreement” shall refer to the final binding arrangement entered into

between the College and Contractor as a result of this RFP.

3. TIMELINE FOR SUBMISSION, REVIEW AND AWARD OF CONTRACT

ACTION DATE Release RFP to Service Provider October 24, 2016 Mandatory Preproposal Conference December 9, 2016 Cutoff for Questions regarding RFP December 16, 2016 Deadline for Submission of Proposals December 20, 2016 Review of Proposals/Interviews Conducted by College January 16– 20, 2017 Award of Contract, if any, by Board of Trustees February 28, 2017

4. PREPROPOSAL MEETING

A Preproposal Meeting will be held on Friday, December 9, 2016 at 10:00 a.m. EST in the Conference Room of the College (Room 519 – Bldg. 5). Attendance at this meeting is required as a condition for submitting a Proposal. Pre-registration for this meeting may be made on or before 4:00 p.m. on Friday, December 2, 2016 by calling 570-740-0370. Contractors are expected to completely inspect the College food service facilities and equipment during the proposal process. Failure to do so shall not relieve the FSMC from the requirement of furnishing and installing, without additional cost to the College, any materials or equipment, or performing any labor that may be required to carry out the intent of the resulting Contract.


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SECTION 3. INSTRUCTIONS TO SERVICE PROVIDERS (cont’d) 5. SERVICE PROVIDER’S REPRESENTATION

Service Providers, by the act of submitting their Proposal, represent that: A. They have read and understand the Proposal documents and their Proposal is made in accordance

therewith; B. They have familiarized themselves with the conditions under which the work will be done; C. Their Proposal is based upon the requirements described in the Proposal documents without

exception (unless exceptions are clearly stated in the response);

6. SUBMISSION AND OPENING OF PROPOSALS One (1) original and two (2) identical copies of the written Proposal are to be mailed or hand delivered to the College. All Proposals must be submitted in a sealed envelope clearly marked: "RFP on Food Services – Cafeteria and Catering” and noted with a return address. The sealed envelope is to be delivered or mailed to: Len Olzinski, Director of Purchasing, Building 5, Room 513A Luzerne County Community College, 1333 South Prospect Street, Nanticoke, PA 18634. Proposals will be received by the College until Tuesday, December 20, 2016 at Noon EST, when at said time and place they will be publicly opened and read aloud. Faxed/E-mailed Proposals will NOT be accepted. The College may consider informal any Proposal not prepared or submitted in accordance with the provisions herein and may waive informalities or reject any and/or all Proposals. Any Proposal may be withdrawn prior to the above scheduled date and time set for opening. No Service Provider may withdraw its Proposal within ninety (90) days after the actual date of the opening thereof. Should the College not award a Contract within that ninety (90) day period, prices set forth in the Proposal may be extended in thirty (30) day increments with the written consent of the College and the Service Provider.

7. PROCEDURE FOR SUBMISSION OF QUESTIONS/CLARIFICATIONS

All questions regarding this RFP shall be directed in writing via US Mail or e-mail ([email protected]) to Len Olzinski, Director of Purchasing, not later than 3:00 p.m. EST on Friday, December 16, 2016. Questions may also be faxed to the attention of the Director of Purchasing. The College’s fax number is 570-740-0525. Service Providers faxing questions should contact the Purchasing Office at 570-740-0370, to inform the office that a fax is being sent. Answers to all questions will be provided to all Providers.

8. MODIFICATION OR WITHDRAWAL OF PROPOSALS

A. No Proposal may be modified, withdrawn, or canceled for sixty (60) calendar days following the time and date designated for the receipt of Proposals.

B. Prior to the time and date designated for receipt of Proposals, Proposals may be modified or withdrawn only by notice to the College Purchasing Department at the location defined herein prior to the time designated for receipt of Proposals. Such notice of change shall be submitted in writing and signed by the Provider and may be mailed, hand delivered, scanned/emailed, or faxed. The actual change must be submitted in a manner as outlined in number 6 above. All such communications shall be so worded as to not reveal the amount of the original Proposal or any other material contents of the original Proposal.

C. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then in full conformance with the information contained herein.


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SECTION 3. INSTRUCTIONS TO SERVICE PROVIDERS (cont’d) 9. PROPOSAL OWNERSHIP

All Proposals submitted become and remain the property of the College and, as such, are considered public information. Unless certain pages or specific information are specifically marked “proprietary” and qualify as such, the College shall make available to any person requesting information through the College’s processes for disclosure of public records, any and all information submitted as a result of this solicitation without obtaining prior authorization from any Provider to do so.

10. COSTS ASSOCIATED WITH RFP PREPARATION The College is not responsible for costs incurred by any Service Provider in the generation or submission of its Proposal, visits to the College, presentations made to College personnel or designees, documentation provided to College personnel or designees, production of marketing literature, or any other costs incurred by Service Providers while participating in this RFP process.

11. TERM OF CONTRACT

The College is interested in establishing a stable relationship with the Contractor. To do this the College is interested in entering an agreement for a term of five (5) years from July 1, 2017 through June 30, 2022. The College reserves the right to renew the Agreement for two (2) additional one (1) year periods to cover from July 1, 2022 through June 30, 2023 and July 1, 2023 through June 30, 2024, respectively.

12. POINT OF CONTACT

For purposes of this RFP, the College’s representative shall be Len Olzinski, Director of Purchasing. All contact shall be made through this individual. Under no circumstances are Providers allowed to contact other staff, faculty or other related constituency for purposes associated with this RFP.

13. ADDENDA AND INTERPRETATIONS

In the case of any ambiguity, inconsistency, error, or omission in any of the documents, or a conflict between a provision in the documents and a Federal, State, County or Municipal law, governmental regulation, or ordinance the Service Provider is required to draw such to the attention of the College. The College will in turn clarify the situation as to the true interpretation thereof and shall notify each and every Service Provider who has received the RFP documents through the issuance of an ADDENDUM. The College will not be held responsible for oral instructions. If any Service Provider fails to draw any such matters to the attention of the College as outlined herein, its Proposal will be conclusively presumed to have been based upon the interpretation which may subsequently be given by the College, or if such conflict is with a law, regulation, or ordinance, the Proposal is conclusively presumed to be predicated upon full compliance therewith.

14. INCLEMENT WEATHER OR OTHER UNANTICIPATED COLLEGE CLOSING

In the event the College is closed on the day designated for the receipt of Proposals as a result of inclement weather or other unanticipated reason, Proposals will be due at noon EST on the next business day that the College is officially open. In the event the College has a delayed opening on the date that the Proposal is due, the Proposal date and time will not change. Information regarding the College’s closing or delayed opening schedule may be obtained by calling 570-740-0370.

15. COMPLIANCE WITH LAW This RFP and subsequent Contract is made subject to all laws, regulations, ordinances, and executive orders of the Commonwealth of Pennsylvania. Any clause(s) which does not conform to such laws, regulations, ordinances, and executive orders shall be considered void.


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SECTION 3. INSTRUCTIONS TO SERVICE PROVIDERS (cont’d) 16. QUALIFICATIONS OF SERVICE PROVIDER

The College may make such investigation as it deems necessary to determine the ability of the Service Provider to perform the work, and the Service Provider shall furnish all such information and data for this purpose as the College may request. The College reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Service Provider fails to satisfy the College that such Service Provider is qualified to carry out the obligations of the Contract and to complete the work specified herein. Conditional Proposals will not be accepted.

17. TAXES

The College is exempt from State Sales and Use Tax involved in the completion of work under this Contract and this should not be included in the Proposal. The College’s exemption does not preclude the Service Provider from paying taxes on material purchased for use in completion of this project. The Service Provider shall pay all Social Security and Unemployment taxes and be responsible for Withholding taxes and any other Local, State or Federal requirements in this regard for its own personnel.

18. CONDITIONS OF WORK

Each Service Provider must inform itself fully of the conditions related to the project and the employment of labor therein. Failure to do so will not relieve the Service Provider of its obligation to furnish all the material and labor necessary to carry out the provisions of its Contract. Insofar as possible, the Service Provider, in carrying out its work, must employ such methods or means as will not cause any interruption of, or interference with, the work of the College or any other vendor on Campus.

19. INDEMNIFICATION

The Service Provider shall indemnify, defend, and hold harmless the College, its employees and agents from any and all claims, actions or demands arising from the acts or omissions of the Service Provider, its employees or agents in the performance of its obligations under this or any subsequent contract or agreement and doing business as authorized herein, including costs, attorney fees and expenses incurred by reasons thereof.

20. PROHIBITION OF ASSIGNMENT

No portion of this or any subsequent Contract or Agreement is assignable without the prior written authorization of Luzerne County Community College.

21. METHOD OF AWARD

The College reserves the right to reject any or all Proposals. That Proposal, which the Board of Trustees, in the exercise of their discretion, considers best under the circumstances, may be accepted. The Trustees reserve the right to accept a single item, or group of items, and not necessarily all items proposed. Notice of award will be in the form of a Contract.

22. EVALUATION OF PROPOSALS Providers are hereby advised that the College reserves the right to give priority consideration to those firms which have experience in providing similar services for institutions of higher education. Therefore, although cost (proposed commission) is a factor, it will not be the sole determinant in the award of this Contract.


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SECTION 3. INSTRUCTIONS TO SERVICE PROVIDERS (cont’d) 23. GOVERNING LAW

Any Contract negotiated or signed as a result of this RFP will be governed by the laws of the Commonwealth of Pennsylvania. Any dispute shall be heard in a court located in Luzerne County, Pennsylvania without reference to conflict of laws principles. The Contractor shall at all times observe and comply with Federal, State and local laws, ordinances, orders, codes, and regulations existing at the time of or enacted subsequent to the execution of a Contract which in any manner affects the Contractor’s ability to perform the requirements specified herein.

24. INSURANCE REQUIREMENTS

The Contractor shall not commence work under this Contract until it has obtained all the insurance required under this paragraph and such insurance has been approved by the College. Nor shall the Contractor allow any subcontractor to commence work on its subcontract until the insurance required of the subcontractor has been so obtained and approved.

The Contractor shall procure and maintain during the life of this Contract the following coverages in the amounts shown:

A. Commercial General Liability Insurance

To cover premises operations, products and completed operations, blanket contractual liability, personal injury, and fire legal liability. Limits of $1,000,000 each occurrence, $3,000,000 general aggregate.

B. Professional Errors and Omissions Insurance

In an amount not less than $1,000,000 per claim and general aggregate.

C. Automobile Liability In an amount not less than $1,000,000 combined single limit.

D. Worker’s Compensation Insurance

To provide statutory benefits and Employers Liability of $500,000 each accident, each employee, $500,000 general aggregate.

The Contractor may be asked to provide proof of insurance, in such amounts that may from time to time be reasonably requested by the College, against other insurable hazards which commonly are insured against in the case of premises or buildings similarly situated and which insurance is at the time reasonably available. The insurance required herein shall be in companies rated A or better. The Contractor shall not permit anything which shall invalidate the insurance policies referred to in this section. All policies except for Professional Errors and Omissions and Worker’s Compensation shall name the College as an “Additional Insured”. The Contractor shall annually furnish the College with certificates of insurance evidencing compliance with the insurance requirements of this section, as well as evidence of current payments thereon. All such certificates shall provide that upon cancellation or modification of the policies, thirty (30) days prior written notice shall be given to the College.


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SECTION 3. INSTRUCTIONS TO SERVICE PROVIDERS (cont’d) 25. PROPOSAL SECURITY

Each proposal shall be accompanied by security in the amount of five-thousand dollars ($5,000.00) (“Security”). The required Security must be in the form of a Certified Check or Cashiers Check made payable to the College, or a Bond issued by a surety licensed to conduct business in the State where the project is located and named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. The Security of the successful Contractor will be retained until they have executed the Agreement whereupon it will be returned. The Security of any Contractor whom the College believes to have a reasonable chance of receiving the award, or a portion thereof will be retained by the College until the seventh day after the executed Agreement is delivered to the College by the Contractor. The Security of all other Contractors will be returned within ten (10) business days of the Contract Award.

26. FAILURE TO UPHOLD CONTRACT

If the Contractor fails to complete, to the satisfaction of the College, the Contract as described herein, or if services are rejected by the College for noncompliance with the Specifications, the College reserves the right to cancel the Contract and obtain such services from other sources on the open market or on Contract. Should the payments or commissions to be received by the College under the new Contract be less than those proposed by the original Contractor, the difference plus liquidated damages, if any, will be charged against the Contractor.


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SECTION 4.

CONTRACT REQUIREMENTS 1. CONTRACTOR STATUS

The Contractor is engaged as an Independent Contractor and shall be responsible for all Federal and State taxes as applicable to this Contract and the payments made therewith.

2. EVALUATION AND SELECTION PROCESS

The following steps shall be taken to analyze and rank the Proposals submitted: A. Proposals submitted to the College in accordance with this RFP will be evaluated by the College. B. Interviews of selected Providers shall be held at the discretion of the College and are tentatively

set for the week of January 16 – 20, 2017. Providers are asked to have appropriate staff available during that time period to meet with the College’s representatives.

C. Proposals shall be ranked by the College based on evaluation of responses and oral interviews (if any), with the first ranked Provider being that Provider which is deemed to be the most appropriate and fully able to perform the services and the second ranked Provider being the next most appropriate, etc., all in the sole judgment of the College. The College will then submit its recommendations to the College Board of Trustees.

D. It is the intent of the College to award the Contract on the basis of the most attractive offer considering price (proposed commission), experience, capabilities and services to be provided.

3. SITE LOCATION Luzerne County Community College’s Main Campus is located at 1333 South Prospect Street in

Nanticoke. It is a commuter, non-residential two-year college. 4. VENDING SERVICES In 2012, the College signed a five-year Exclusive Beverage Agreement with Pepsi through 6/30/17. All

beverage product supplied through fountain sales and through vending must be a Pepsi product. Also, a snack/change machine vending agreement was awarded to Canteen and is in place for 7/1/16 – 6/30/19. FSMC will indemnify, defend and hold harmless the College from any action(s) brought by Pepsi and/or the vending machine operator(s) against the College that includes an allegation that the services and/or products offered by FSMC violate the exclusivity terms of the Exclusive Beverage Agreement and/or snack/change machine vending agreement.

5. CONTRACT CHANGES The College may, at any time, by a written order make changes within the general scope of the Contract.

If any change causes an increase or decrease in the cost or in the time required for performance of any part of the work or services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made by the College in the Contract price, or time of performance, or both, and the Contract shall be modified in writing accordingly. Any claim for adjustment under this clause must be implemented within thirty (30) days of receipt by the FSMC of the notification of change. Provided, however, that the College, if it decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Contract. Failure to agree to any adjustment shall be a dispute concerning the question of fact within the meaning of the clause of this Contract entitled "Disputes". However, nothing in this clause shall excuse the FSMC from proceeding with the Contract as changed.

6. PAYMENT FOR EXTRA SERVICES Except as otherwise provided in this Contract, no payment for extra services shall be made unless such

extras and the price therefore have been authorized in writing by the College.


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SECTION 4. CONTRACT REQUIREMENTS (cont’d) 7. DELEGATION OF AUTHORITY The parties of this Contract may, at their discretion, delegate to others in their respective organizations

any of their functions in connection with this Contract. 8. RESTRICTIONS

Unless otherwise permitted by the authorized representative of the College, the FSMC shall not install and/or operate any equipment other than that specified and approved by the College in writing. Nor will the FSMC remove any College-owned equipment from the premises, advertise the Contract operations in an unauthorized manner, or prepare foods and beverages on the premises for sale at any location not covered by the Contract, without the expressed written consent of the College. Because the services to be provided hereunder are for the convenience of the College community, patronage from other sources that will interfere with such purposes may be regulated and/or prohibited by the College.

9. CONTINGENT FEES The FSMC warrants that no person or selling agency has been employed or retained to solicit or secure

this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingency excepting bona fide employees or bona fide established commercial or selling agencies under the authority of the FSMC for the purpose of securing business. For breach or violation of this clause, the College shall have the right to annul this Contract without liability, or in its discretion, to reduce from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingency.

10. TERMINATION OF CONTRACT The College may terminate this Contract without cause, by first giving the FSMC sixty (60) days written

notice of its intention to do so. The FSMC may terminate this Contract without cause, by first giving the College one hundred twenty (120) days written notice of its intention to do so (the additional time will allow the College to coordinate the change over a semester break). If termination with one hundred twenty (120) days written notice falls during a semester then the termination shall become effective at the end of the semester. In the event that the FSMC defaults or fails to observe the provisions of this Contract, at the option of the College, the FSMC's rights under this Contract and the occupancy of the College's premises shall thereupon end on the date set forth in writing by the College. The College, at its election, may terminate the Contract and re-enter the premises held by the FSMC, without demand or notice, therefore, any notice to which the FSMC would otherwise be entitled is hereby expressly waived. The FSMC shall be responsible for all losses and damages to the food service facilities resulting from their equipment, employees, and/or property. At the time of termination of the Contract, all College-owned equipment shall be returned to the College in good condition, ordinary wear and tear excluded.

11. NOTICES Any notices hereunder shall be deemed to have been sufficiently given under the following conditions: If

given by the College to the FSMC, it shall be sent by Registered or Certified Mail addressed to the FSMC at the business address shown on their proposal. If given by the FSMC to the College such notice shall be sent by Registered or Certified Mail addressed to Len Olzinski, Director of Purchasing, 1333 South Prospect Street, Nanticoke, PA 18634.

12. ASSIGNMENT OF CLAIMS The FSMC shall not assign any claim it has against the College without first obtaining the written consent

of the College and then only subject to such conditions as the College may prescribe.


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SECTION 4. CONTRACT REQUIREMENTS (cont’d) 13. DISPUTES Any disputes arising under this Contract not disposed of between the College and the FSMC shall be

decided by the College which shall reduce the decision to writing and furnish a signed copy to the FSMC. Such decisions shall be final and conclusive.

14. PROVISIONS SEVERABLE Each provision of this Contract is severable from the whole and if one provision is held to be invalid, the

remaining provisions shall remain in effect. 15. WAIVER OF RIGHTS No delay or failure by the College to enforce any of the provisions of the Contract or to exercise any right

therein granted shall be deemed a waiver thereof or limitation in any respect on the right of the College then and thereafter to enforce all provisions of this Contract and to exercise any such right.

16. ASSIGNMENT OF CONTRACT FSMC shall not assign this Contract, in whole or in part, or enter into any subcontract for the performance

of any work associated with the Contract, without first obtaining the written consent of the College, and then only subject to such conditions as the College may prescribe.

17. PROPRIETARY RIGHTS All deliverable items developed under this Contract shall become the property of the College (including

deliverable items that are, for any reason, only partially completed) and the FSMC shall not use, disclose or furnish others, any information relative to such deliverable items without first obtaining the written consent of the College, and then only subject to conditions as the College may prescribe. All proprietary information disclosed by the College to the FSMC shall be held in confidence and only used in performance of the Contract, except as the College may otherwise permit by written instructions to the FSMC.

18. INSPECTION OF PREMISES Representatives from the College reserve the right to inspect other educational food service operations of any or all Service Providers prior to the award of any Contract. 19. PROPOSAL ORGANIZATION A. Proposals shall be submitted in an organized manner, each copy separately bound in one volume with parts appropriately tabbed and identified for each of the specified functions.

B. Proposals should not include elaborate brochures or other presentations beyond that sufficient to present a complete and effective Proposal.

C. Information requested herein shall be furnished completely in compliance with instructions. The

information requested and the manner of submission is essential to permit prompt evaluation of all proposals on a fair and uniform basis. Accordingly, the College reserves the right to declare as nonresponsive and reject any proposal in which material information requested is not furnished or where indirect or incomplete answers are provided.

D. Whenever repetition occurs anywhere in the Specifications with regard to a similar request for

information, Contractors need not repeat the information. However, reference should be made to the exact location in the proposal where the information is already recorded.


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SECTION 4. CONTRACT REQUIREMENTS (cont’d) 19. PROPOSAL ORGANIZATION (cont’d)

E. In submitting a proposal, each Service Provider agrees that the proposal remains valid for a period of sixty (60) days after the closing date for submission of Proposals and may be extended beyond that time by mutual consent of the College and the Service Provider.

20. QUALIFICATION OF CONTRACTORS Proposals will be considered only from responsible organizations or individuals now engaged in the

management of food service facilities comparable to those described in this document. 21. AWARD WITHOUT DISCUSSION Service Providers are hereby notified of the possibility that award of this Contract may be made without

discussion of Proposals received and hence, Proposals should be submitted initially in the most favorable terms, from a price and technical standpoint.

22. PROPRIETARY DATA Unless the Service Provider restricts use of the materials, information, and ideas contained in their

Proposal, the College may make use of the aforementioned concepts for any appropriate purposes. 23. COMPLIANCE WITH REQUEST FOR PROPOSAL Proposals will be construed to be in full and complete compliance with the terms, provisions, and

specifications of the RFP. Service Providers are cautioned that Proposal deviations may be cause for rejection of their Proposal as nonresponsive.

24. AUTHORITY TO BIND PROPOSAL Each Proposal shall identify the individual(s) having authority to contractually bind the Service Provider.

The Proposal shall also name the person to be contacted both during the period of evaluation and for prompt Contract administration upon award of the Contract. This information is to include: Name, Title, Address, Telephone Number, Fax Number and e-mail address.

25. ACCEPTANCE, NEGOTIATION AND AWARD A Contract may be negotiated with the Service Provider whose Proposal is most advantageous to the

College, price and other factors considered. The College reserves the right to accept any Proposal and to reject any or all Proposals.

26. REVISED AND/OR ADDITIONAL PROVISIONS The College reserves the right to revise any article or clause of any provision, or to add or delete any

article or clause, prior to the award of a Contract. 27. DISCRIMINATION

The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of any legally recognized basis, including but not limited to: veteran status, uniform service member status, race, color, religion, sex, national origin, age, sexual orientation, marital status, pregnancy, physical or mental disability, or any other protected class under federal, state, or local law with regard to, but not limited to, the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any Contractor that is in violation of this clause shall be barred forthwith from receiving awards of any kind from the College, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely.


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SECTION 4. CONTRACT REQUIREMENTS (cont’d) 28. INTEGRATION AND SEVERABILITY

This RFP embodies the entire understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, incorporated within the enabling Purchase Order, either directly or by reference, and understood to be the Contract Documents. This Contract shall supersede all prior communications, representations or Agreements, either oral or written, between the parties. This Contract shall not be amended except in writing, signed by both parties. If any of the provisions herein are determined to be invalid under any local, state or federal statute, regulation or rule of law, such provision shall be deemed omitted from this document. Each provision of this Contract is severable, and if any provision is held to be unenforceable or is vacated by mutual agreement of the parties, in writing, the remainder of the provisions shall remain unchanged, undiminished and in effect.


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SECTION 5.

SCOPE OF SERVICES

1. SUMMARY

The FSMC shall provide management and support services of the highest quality in the institutional food service industry. The FSMC should understand that, while it is an independent contractor, its method of doing business and actions reflect on the College. It is for this reason that the College administration takes an active interest in how the food service program is operated. The College will attempt to be sensitive to the needs of the FSMC. At the same time it is important that the FSMC learn about and understand the operations of the College so that the efforts of the College and the FSMC are compatible and contribute positively to the quality of life of Luzerne County Community College. A. The Food Service program at the College mainly consists of two areas including:

1. Cafeteria services which includes the Main Campus Cafeteria. 2. Catering Services which includes mainly the Educational Conference Center.

B. The FSMC is expected to operate the Cafeteria and catering to the satisfaction of students,

faculty, and staff upon being granted the right to purchase, prepare and dispense food products at the College. The College reserves the right to sell food products in the College Bookstore and to sell items for College-sponsored fund-raising events. Vending services shall be addressed as noted in Section 4 above.

C. The College will have the right of supervision of said dining facilities, kitchen and auxiliary

service rooms on campus and of the total operation of the FSMC with respect to the quantity and quality of food served the conduct of its employees, the method of service thereof and the maintenance and sanitary condition of the premises. The College reserves the right to make, from time to time, reasonable requests with regard to all food service related matters and the FSMC shall agree to such requests. All authorized representatives of the College will have the right of access to all portions of said premises at all times. The College reserves the right to use the dining areas from time to time for other College scheduled non-food service programs or activities.

D. Not meeting the above requirements at all times will be considered by the College as non-

performance of Contract.

2. FINANCIAL ARRANGEMENTS The FSMC will operate the cafeteria and catering. The FSMC will retain all cash and credit receipts from sales for the food service operation. The College will retain all beverage, including all case purchases for the cafeteria/catering, commissions through June 30, 2017, and snack food vending commissions through June 30, 2019. The College reserves the right to renew these commission service contracts. The FSMC will pay the College an annual a fee of $10,000.00 to help the College offset its overhead costs associated with the food service program. Based on estimated sales, each Contractor shall determine the approximate amount of profit which will be paid as a guaranteed annual dollar amount to the College over and above the overhead fee and shall submit this figure with their Proposal.


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SECTION 5. SCOPE OF SERVICES (cont'd) 3. RECORD KEEPING & BUSINESS ASSOCIATIONS

The FSMC shall maintain accurate and complete records of gross and net Sales and shall retain all such records for a period of at least three (3) years. The College shall have the right, at its expense, to examine and audit such records at reasonable times during business hours. The FSMC is prohibited from ordering supplies or doing business with any organization (as it relates to this Contract) that is owned wholly or in part by the FSMC, the College, College employee or a College Board of Trustee member.

4. HOURS OF OPERATION A. Consistent food service should be provided at the Main Campus during the following hours: Academic Terms Cafeteria Monday - Friday 7:30 a.m. - 2:30 p.m. Summer Terms Cafeteria Monday - Friday 7:30 a.m. - 2:00 p.m. Additional afternoon/evening hours to be considered through discussion between FSMC and

College. Modification to the required hours will be considered in the same manner.

B. Catering hours are based on scheduled events. Catering hours are Monday thru Sunday (any hours). Periodic special events or meetings may require catering on evenings or weekends.

5. COLLEGE CALENDAR AND HOLIDAYS

A. A copy of the College’s 2016/17 Academic Calendar will be distributed to all Service Providers. The College campus center is open twelve months of the year except for the holidays noted below and the week between Christmas and New Years Day.

New Year’s Day - Jan. 1, 2017 Martin Luther King Day - Jan. 16, 2017 Holiday Recess - April 14-17, 2017 Memorial Day - May 26-29, 2017 Independence Day - July 4, 2017 Labor Day - September 4, 2017 Thanksgiving Recess - November 23-Nov. 28, 2017

Christmas Recess - Dec. 23, 2017 – January 1, 2018 6. ENROLLMENT The following historical enrollment data is for the last year: Fall 2015 Spring 2016 Main Campus Full-Time 2,598 2,259 Part-Time 3,169 3,247


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SECTION 5. SCOPE OF SERVICES (cont'd) 6. ENROLLMENT (cont’d)

In addition to student enrollment the following approximate number of staff employed by the College at the main campus location:

Administrators and Security 57 Full-Time Faculty: 153 Part-Time Faculty: 150 Full & Part-Time Support Staff 152 7. SALES INFORMATION The following historical gross sales data is for the last three (3) years of the current contract. 2013-2014 2014-2015 2015-2016 Cafeteria $312,081 $284,039 $257,637 Catering 130,149 111,387 43,000 Total Gross Sales $442,230 $395,426 $300,637 8. PERSONNEL

A. The College will provide three existing full-time food services staff members that are part of the College’s classified employee collective bargaining unit. The responsibilities of these three workers will be provided upon FSMC request in the form of a job description and they will continue to perform similar duties. One of the employees is a cafeteria attendant and the other two are food service utility workers. All of these workers will continue to be employees of the College and will be compensated by the College under the same terms as the other bargaining unit members.

B. The FSMC shall employ, at its own cost and expense, sufficient personnel to provide and

maintain the food service and catering operation in an efficient and sanitary manner. All food service employees will be on the FSMC's payroll except as noted above. All persons employed by the FSMC on the College's premises shall at all times be deemed employees, agents, or servants of the FSMC. The FSMC's employees shall comply with the rules and regulations at all times promulgated by the College for the safe, orderly and efficient conduct of all activities while on the College's premises.

C. The College reserves the right to demand the removal of any employee of the FSMC. Upon

notification by the College, the FSMC will remove the individual from the College’s premises at the earliest possible opportunity.

D. The College will allow employees and agents of the FSMC access to food service areas and

equipment at all reasonable times. The FSMC, in performing work required by this Agreement, shall not discriminate against any employee because of any legally recognized basis, including but not limited to: veteran status, uniform service member status, race, color, religion, sex, national origin, age, sexual orientation, marital status, pregnancy, physical or mental disability, or any other protected class under federal, state, or local law. with regard to, but not limited to, the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any Contractor that is in violation of this clause shall be barred forthwith from receiving awards of any kind from the College, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely.


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SECTION 5. SCOPE OF SERVICES (cont'd) 8. PERSONNEL (cont’d)

E. The FSMC's employment policies must meet the requirements of the Fair Labor Standards Act

and all other regulations required by the U.S. Department of Labor. The FSMC must be an equal opportunity employer.

F. The FSMC shall provide sufficient backup in times of staff shortages due to vacation, illness,

inclement weather, etc.

G. The FSMC shall provide an effective ongoing training program (serve safe certification) to its staff on customer relations and courtesy as well as in proper food preparation and serving techniques, health/safety, cashiering, etc.

H. The College reserves the right to approve personnel of the FSMC working on College property. I. The Food Services Director, an employee of the FSMC, will coordinate all food service

operations and periodically meet with the Vice President of Operations of the College or his/her designee. The FSMC is required to solicit customer feedback on the food service operation and must show that they have reacted to concerns expressed by the customer and are making a good faith effort to repair deficiencies in service.

9. RESPONSIBILITIES A. The College shall be responsible for: i. All utilities including water, electric, heat, and gas. ii. The hauling of trash. iii. Supplying the FSMC with telephone and internet access.

iv. Furnishing the services of its staff when required for proper maintenance and repairs of the premises, College owned fixtures, furniture and equipment.

v. Replacing College owned equipment as necessary due to normal wear and tear but not due to negligence by the FSMC or its employees.

vi. Small wares, trays, china/glass/flatware for special events. vii. Pest control services. viii. Fireproofing and cleaning of hoods, ducts, and flues as established by code and College

requirements. ix. Busing all tables in the Cafeteria. x. Periodic cleaning, as necessary, of the tables and chairs in the Cafeteria

B. The FSMC shall be responsible for:

i. Keeping the premises, furniture, fixtures, and food service equipment in a clean and sanitary condition in accordance with recognized standards for such equipment and in accordance with all laws, ordinances, regulations, and rules of Federal, State and Local authorities.

ii. Routine cleaning of the kitchen, cold storage areas, and counter areas, and for the mopping of kitchen and service area floors. The FSMC shall submit a detailed cleaning schedule to the College within thirty (30) days of Contract award.


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SECTION 5. SCOPE OF SERVICES (cont'd) 9. RESPONSIBILITIES (cont'd)

iii. Removal of all kitchen and cafeteria trash, garbage and grease to an area designated by the College and the Periodic cleaning, as necessary, of the cafeteria prep area, and kitchen trash cans.

B. The FSMC shall be responsible for: (cont’d)

iv. Busing all tables in the catered rooms during all hours food is being served and for one-half hour after manual operations have closed.

v. Busing all tables in the patio area as well as trash pickup on the deck area and steps. vi. Laundry service for kitchen linens (uniforms, kitchen cleaning cloths, etc.) vii. Purchasing of all food and supplies. viii. Repairing/replacing any item where negligence on the FSMC's part is evident. ix. Washing of the dining area floors, for day-to-day cleaning of the service areas and for

cleanliness of walls, ceilings, windows, and light fixtures in the dining areas. x. Maintaining the premises, equipment, and facilities throughout the Contract period in a

condition satisfactory to the College and in compliance with State and Local sanitation and environmental codes. Thus, the FSMC shall adhere to the highest standards of cleanliness and sanitary practices to ensure continual sanitation in all functions and matters related to the food service operations, including the appearance and performance of the food handlers in the preparation, service, transport, and storage of food and related items.

xi. Providing access to inspectors of State and Local health departments and safety officers and access to all food service, production and storage areas while they are conducting inspections. These inspections may be at the request of the College or such agencies' own discretion. A copy of all inspection reports shall be furnished to the College by the FSMC. The FSMC will also be responsible for implementing (within 10 days of notification) corrective operating measures required as a result of these inspections and reports.

xii. Doing everything possible to protect customers and employees health by operating clean, safe and sanitary premises. To make the facilities appealing to the customers, the FSMC shall employ housekeeping and sanitation programs that meet the highest standards of cleanliness.

xiii. Properly handling, transporting, storing, and refrigerating food to prevent contamination and food borne illness.

xiv. Creating procedures for the washing of trays, dishes, glasses, silverware, utensils, pots and pans the result of which shall be a thorough cleaning and sanitation in accordance with generally accepted cleaning procedures.

xv. Implementing an aggressive program of accident prevention and safety education. Proper instruction and training on the use of the equipment including potential risks and techniques of handling food to aid in the goal of having an accident-free and safe environment. Fire extinguishers and fire alarms (provided by the College) shall be available for use as needed. Employees are to be trained by the FSMC on where to find safety/first aid items and how to use them. Employees of the FSMC are to be educated by the FSMC on policies concerning emergency procedures (i.e. fires, cuts, etc). All serious injuries are to be reported immediately to the College’s Director Campus Safety and Security.

xvi. Taking such measures as may be reasonably required by the College for protection against loss by pilferage or destruction.


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SECTION 5. SCOPE OF SERVICES (cont'd) 9. RESPONSIBILITIES (cont'd)

xvii. Providing and using a motor vehicle for catering off-campus and for providing qualified and adequate number of personnel to operate the vehicle. The FSMC shall be liable for damages and/or injuries caused by the negligent operation of said motor vehicles by its employees.

B. The FSMC shall be responsible for: (cont'd)

xviii. Complying with all statutes, ordinances, and regulations of all Federal, State, County, and City governments and/or any and all of the departments and bureaus thereof applicable to the carrying on of its business.

xix. Complying with all College policies and procedures.

xx. Obtaining all required permits, licenses, and bonding necessary to comply with pertinent College regulations, Municipal, County, State, and Federal laws and for assuming liability for all applicable taxes and such taxes shall not be restricted to sales, property and beverage.

xxii. Health examinations, food handler’s exams and/or bonding of its personnel. xxii. Maintaining at all times during the term of the Contract, full and complete records of all

operations performed by it hereunder, including all purchasing invoices, payroll records, and cash register tapes used in the facilities. Cash register tapes shall be identified by unit and date. The College shall have the right to inspect and audit the records of the FSMC. The FSMC shall retain such records for a period of three (3) years.

xxiii. Providing the College with a monthly Statement for the manual food service operation. xxiv. Providing to the College, at the end of each fiscal year, a summary statement of

operations for the cafeteria and catering. 10. FOOD PRICES AND PORTIONS

A. The College requires a review of any price or portion change that might be proposed by the

FSMC during the course of the Contract. Such change(s) proposed shall only take place in May to be effective the subsequent fiscal year with the exception of price changes due to catastrophic weather (which necessitate an immediate increase of price or decrease in portion size) or an overabundance of a product (which may warrant a decrease in price or an increase in portion sizes). Such situations will be dealt with on an as-needed basis throughout the year. All Contractors are required to maintain the current price structure currently in place for the first full year of the Contract.

11. POINT OF SALE SYSTEM

The College would like students, faculty and staff to be able to pay for items purchased in the Cafeteria with cash, a debit card, or credit card. The FSMC will be responsible for providing and installing a point of sale system that provides the College community with this ability. All costs associated with the purchase, installation and maintenance of the system shall be solely the responsibility of the FSMC. The system must be installed and operational by the start of the contract period. The College currently has a POS system in place that may be acquired without charge by the FSMC as long as the FSMC agrees to take ownership of the system and be responsible for the maintenance and function.


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SECTION 5. SCOPE OF SERVICES (cont'd) 12. MENU AND FOOD SERVICE PROMOTION

A. Menu - This item shall be submitted to the VP of Operations or his/her designee at least four (4) days in advance. Special diet menus, vegetarian options, and nutritional programs are considered an integral part of the cafeteria program. A portion of the daily menu is expected to consist of identified low fat and low cholesterol entrees and a la carte items.

B. Promotion - The FSMC shall be required to regularly employ advertising, marketing, and promotional efforts on campus to enhance the visibility and image of the total food service operation.

J. Specials - The FSMC shall be required to provide frequent specials and/or meal brighteners.

These may be built around a holiday or campus event. K. The College would assist or provide the FSCM with methods of promoting food services to

students and staff. 13. CATERING SERVICES

The FSMC shall provide catering services on an as-needed basis. As previously noted, the FSMC shall have the right to purchase, prepare and dispense food products in compliance with current vending services agreements at the College with the exception of offerings from the College Bookstore and College-sponsored fund-raising events as described above. Each Service Provider must submit with its Proposal a food price and portion schedule for catering services. Prices listed in the catering schedule shall be per person for each type of meal listed below and each Service Provider shall distinguish between weekday and weekend event pricing. The schedule must include, at a minimum, prices and portions for the following types of meals:

- Continental Breakfast - Complete Breakfast - Breakfast Buffet - Lunch and Dinner Sit-down Menu - Deli Luncheon Buffet - Hot Sandwich Buffet - Assorted Hors D’oeuvre Buffet - Dinner Buffet Suggestions - Picnic Menus - Miscellaneous Services

- Off Premise Catering to service Health Science Center/Public Safety Training Institute A description of additional services (along with corresponding pricing information) should also be included which describes the advance notice required for catered events, additional costs for catering off-campus events, etc.

Delivery vehicle must be available at all times.


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SECTION 5. SCOPE OF SERVICES (cont'd) 14. QUALITY CONTROL

A. The highest quality and value of food products shall be offered to match the desires of the College. The FSMC will use only top quality ingredients in the production of all products. All food and supply purchases shall be in conformance with the specified standards of Federal, State and Local quality specifications.

B. All meat cuts shall be in accordance with USDA quality specifications. Indicated grades are

intended as minimum standards and the FSMC is encouraged to exceed these minimums whenever possible. All other food stuffs shall be of comparable value.

C. Recipes and production directions are to be standardized in writing and followed exclusively to

insure consistency of taste, nutrition, quality and appearance in food products served.

D. Productions such as grilling, deep frying, and steam cooking of items shall be continuous throughout each meal period with quantities prepared as close as possible to the time they are served, while still maintaining quality and adequate stock to avoid excessive waiting by customers.

E. All foods shall be displayed in a manner that presents the optimum in merchandising and which

has good eye appeal. i. All foods shall be adequately garnished. ii. Color and presentation shall be considered in the selection of menus and/or menu cycles.

iii. Space of food items in relationship to size of containers (i.e. plate size) shall be considered.

iv. Any food appearing discolored, misshapen, or otherwise not in the proper state of freshness shall not be served. v. Appropriate wrappings for foods are to be used as needed. Care should be taken to insure

that wrappings are both attractive and serviceable.

F. All display and serving areas shall be kept clean, orderly, and attractive at all times. Specifically, the quality and appearance of food shall be observed carefully by the FSMC prior to the start of each peak traffic period, and as frequently thereafter as necessary for the duration of the high traffic period. Any spillage or soil spots shall be removed promptly from the serving dish, counter, steam table pans, and general serving areas. The FSMC shall supply staff to clean tables, floors, etc. in the food service areas during times when the Cafeteria is open. Salads and pre-dished items shall be frequently replenished or regrouped to prevent a space or disheveled counter appearance. Excessive pre-dishing shall be avoided. Partially used, broken, or spilled items shall be removed from the area promptly. Food service areas shall be well stocked throughout the posted serving hours. Serving areas are to be adequately and attractively decorated at all times with seasonal displays, flowers, and/or special pieces of food.

G. The end of the serving period, both day and night shall be as quality-oriented to the consumer as

the beginning of the serving period in regard to the number of entrees, sanitation, merchandising, temperature of food and overall quality.


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SECTION 5. SCOPE OF SERVICES (cont'd) 15. RFP SUBMITTAL REQUIREMENTS

The information to be submitted by Service Providers in response to this RFP is outlined in this section. It is strongly suggested that Contractors respond individually to each point outlined below. This information should begin with a note on company letterhead with the Name, Title, Address, Telephone Number, Fax Number and e-mail address of the individual authorized to bind the proposal of the Contractor.

A. Contractor Reputation and Experience: i. References A list of operations of similar scope and size in Eastern Pennsylvania (a minimum of three) preferably institutions of higher learning. List to include the following: a) Organization Name b) Location - Address and Phone Number c) Number of patrons served daily/meal period d) Client contract administrator e) Provide current sample menus for each style of food service offered (cafeteria, catering, etc.) ii. Geographic Orientation of the Contractor a) Headquarters and regional office - address of each b) Commissary location (if any) - address c) Regional warehousing location (if any) - address iii. One Copy of an Audited Corporate Financial Statement for the Last Fiscal Year

iv. Scope of Contractor Services

a) Type of clients b) Extent of services provided c) Provide any brochures or literature that convey contractor capability v. Operating Philosophy a) Brief statement of operating philosophy including objectives and methods of attaining them. b) Brief statement of corporate expansion plans for next three to five years, including probable methods of financing and sources of management personnel. B. Resources of Contractor: i. Corporate Structure a) Organizational structure b) Profiles of key personnel/corporate officers c) Provide organizational chart of how unit manager would interface with corporate structure. d) Brief statement of the company's capabilities that best qualify it to operate the prescribed facilities.


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SECTION 5. SCOPE OF SERVICES (cont'd) 15. BID SUBMITTAL REQUIREMENTS (cont’d)

B. Resources of Contractor (cont’d): ii. Unit Management a) Sources of management personnel b) Relief management availability iii. Purchasing Advantages a) Warehousing and/or commissary facilities b) National buying contracts - identify iv. Accounting System a) Describe the management information systems and budgetary process that would be implemented in the College's food service operation. b) Provide samples of reports to be issued to the College as required by the proposal specifications. v. Menu Selection a) Provide a brief statement concerning operating philosophy and objectives relative to: i) Variety and appeal of menus ii) Length of various menu cycles iii) Food merchandising techniques iv) Special occasion or promotional menus b) Submit a sample menu proposed for the College for breakfast and lunch. Include with this submittal the stipulated portion sizes and proposed price structure for each menu item. c) Submit a price and portion schedule for catering services to be provided to the College. This should include sample menu.

vi. On-Site Marketing and Promotion a) Describe techniques and anticipated activities C. Unit Staffing, Labor, and Training Practices: i. Management of Luzerne County Community College's food service a) Present criteria used in annual evaluation of unit manager's performance. ii. Staffing a) Submit an organizational chart which establishes lines of communication for the unit manager. b) Submit the anticipated staffing schedule for the food service facilities at the College according to the guidelines detailed herein. c) Outline pay raise policy, incentive compensation, and management/staff benefit programs.


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SECTION 5. SCOPE OF SERVICES (cont'd) 15. BID SUBMITTAL REQUIREMENTS (cont'd) C. Unit Staffing, Labor and Training Practices: (cont'd)

iii. Labor Practices

a) Submit copy of employee handbook. b) Describe recruiting techniques and sources of non-management labor. iv. Training a) Describe program for training entry level service and production personnel. b) Describe program for training supervisory and management personnel. v. Financial Arrangement

i) Submit a statement indicating that the firm agrees to pay the minimum commission of $10,000 per year and explaining the additional commission to be paid to the College over and above the annual overhead fee.

ii) Detail any RFP deviations from the College's outlined requirements with respect to financial arrangements as described within the Specifications. D. Sanitation:

i. Sanitation Practices a) Describe approach to sanitation practices and anticipated program to train and reinforce standards in the food service facility. b) Outline sanitation practices for the manual and vending operations at the College.


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SECTION 6. PRICING FORM TO: From: ____________________________________________ (Contractor) Date: ____________________________________________ We the Service Provider, in compliance with your Request for Proposal and having examined the Instructions to Service Providers, General Conditions and Specifications, propose to perform the duties contained herein and will provide an annual base commission to the College of $10,000, PLUS the amounts (guaranteed annual dollar amount) below: Description Amount Additional Commission for 07/01/17 – 06/30/18 $_______________________________ Additional Commission for 07/01/18 – 06/30/19 $_______________________________ Additional Commission for 07/01/19 – 06/30/20 $_______________________________ Additional Commission for 07/01/20 – 06/30/21 $_______________________________ Additional Commission for 07/01/21 – 06/30/22 $_______________________________ We hereby acknowledge receipt of Addendum No.: ________ Dated: _________________ We hereby acknowledge receipt of Addendum No.: ________ Dated: _________________ We hereby acknowledge receipt of Addendum No.: ________ Dated: _________________ The OWNER RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS OR TO WAIVE INFORMALITIES IN THE RFP PROCESS. Respectfully Submitted, ___________________________________________________________________________________ COMPANY NAME

_________________________________________ ________________________________________ ADDRESS TITLE OF SIGNER

________________________________________ _____________________ __________________ CITY, STATE, ZIP CODE TELEPHONE NUMBER EMAIL ADDRESS

____________________________________ ___________________________ _______________ PRINTED NAME SIGNATURE DATE THIS FORM MUST BE FILLED OUT IN ITS ENTIRETY AND WRITTEN IN INK OR TYPEWRITTEN.


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SECTION 7.

NON-COLLUSION AFFIDAVIT

Note – This affidavit must be submitted with the Proposal. Failure to do so will result in disqualification of your Proposal.

Service Provider: ___________________________________________

State of: ____________________________

County of: __________________________

I state and affirm that I am ________________________________________________________ of

(Title)

____________________________________________________

(Name of Firm)

and that I am authorized to make this affidavit on behalf of my firm, its owners, directors and officers. I am the person responsible in my firm for the price(s) contained herein. I state that: 1. The price(s) and amount(s) of this Proposal have been arrived at independently and without consultation,

communication or agreement with any other Contractor, Service Provider or potential Service Provider. 2. Neither the price(s) nor the amount of this Proposal and neither the approximate price(s) nor approximate

amount of this Proposal, have been disclosed to any other firm or person(s) who is a proposer or potential proposer and they will not be disclosed before the Proposal opening.

3. No attempt has been made or will be made to induce any firm or person(s) to refrain from proposing on

this Contract, or to submit a proposal higher than this Proposal, or to submit any intentionally high or noncompetitive Proposal or other form of complementary Proposal.

4. The Proposal from my firm is made in good faith and not pursuant to any agreement or discussion with,

or inducement from, any firm or person(s) to submit a complementary or other noncompetitive Proposal.


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SECTION 7. NON-COLLUSION AFFIDAVIT (cont’d) 5. ________________________________________________ , its affiliates, subsidiaries, officers, (Firm Name)

directors and employees are not currently under investigation by any governmental agency and have not in the last three (3) years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion, except as follows:

Involvement in the above activity does not prohibit Luzerne County Community College from accepting this Proposal or awarding a contract; but this may be grounds for determining whether the College should decide to award a contract based on a lack of responsibility with respect to proposing on any public contract.

6. ________________________________________________ , understands and acknowledges (Firm Name)

that the above representations are material and important and will be relied on by the College in awarding the Contract(s) for which this Proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Delaware County Community College of the true facts relating to submission of Proposals for this contract.

________________________________________ Signature of Person Completing Affidavit ________________________________________ Print Name ________________________________________ Print Title STATE OF : : ss: COUNTY OF : SWORN TO AND SUBSCRIBED BEFORE ME, A NOTARY PUBLIC, THIS _______ DAY OF __________________________, _______. __________________________________ Notary Public Signature My Commission Expires: