METROPOLITAN COMMUNITY COLLEGE
Blue River, Business & Technology, Longview, Maple Woods, Penn Valley
3200 Broadway Kansas City, MO 64111
REQUEST FOR PROPOSAL # 16-7129-C3R2 (RFP)
Food Service Management
TABLE OF CONTENTS
PART I – RFP INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR PROPOSAL
PROFILE OF METROPOLITAN COMMUNITY COLLEGE
GENERAL INSTRUCTIONS AND CONDITIONS
TIMELINE
LOCATIONS
CURRENT PROGRAM
INTENT
SCOPE OF SERVICES
SPECIFICATIONS
FINANCIAL SPECIFICATIONS/TERMS
MINIMUM REQUIREMENTS
SPECIFIC REQUIREMENTS
PROPOSAL REQUIREMENTS
PROPOSAL FORMAT
EVALUATION CRITERIA
PROPOSAL FORM
STAFFING CHART
PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT
(sample)
GENERAL TERMS AND CONDITIONS
FORM: M/WBE PARTICIPATION FORM
FORM: FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
FORM: FEDERAL WORK AUTORIZATION PROGRAM AFFIDAVIT
STANDARD CONTRACT (sample)
PART III – ACKNOWLEDGEMENT OF RECEIPT
ACKNOWLEDGEMENT OF RECEIPT FORM (Return Completed Form to MCC
immediately)
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[Name of Project]
PART I
RFP INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR PROPOSAL
Metropolitan Community College (MCC), a public community college district and political
subdivision of the State of Missouri, located in Kansas City, Missouri extends an invitation to
qualified providers with the necessary resources and experience to submit proposals to provide
Food Service Management for three years with the option to renew for two additional one-year
periods.
Metropolitan Community College, located in Kansas City, Missouri (hereinafter referred to as
MCC) has four campuses with retail foodservice facilities that are part of the social center for each
campus community and play an important role in their educational mission. The four campuses
are Blue River, Maple Woods, Penn Valley and Longview. Each campus cafeteria provides
products, services, and programs to enhance the quality of life for students, faculty, staff and
guests. MCC actively fosters an environment that promotes respect for all peoples and values
diversity, leadership development and the free exchange of ideas. Information regarding MCC,
its current academic calendar, and campus maps may be found at http://mcckc.edu/.
PROFILE OF METROPOLITAN COMMUNITY COLLEGE
MCC began in 1915 as the Kansas City Polytechnic Institute and enrolled 125 students the first
semester. Today, MCC is the largest higher education institution in the metropolitan area. MCC
has five campuses – Blue River, Longview, Maple Woods, Penn Valley and Business &
Technology – that serve 34,000 students annually through credit and non-credit courses and
business services. More information about MCC can be found at www.mcckc.edu.
MCC is a comprehensive community college committed to serving the current and emerging
needs of the residents of the Kansas City area for higher academic education,
technical/vocational education and lifelong learning. MCC is considered a leader among
community colleges offering transfer college degree programs that cover the first two years of a
four-year degree and 80 career programs that provide quick entry into the workforce.
GENERAL INSTRUCTIONS AND CONDITIONS
1. The Purchasing Department of MCC is the issuing department for this document and
all subsequent addenda relating to it. Your sealed proposal must be received no later than
10 AM, Central Time on May25, 2016. Proposals received after this deadline will be
considered late and ineligible for consideration. The envelope must be labeled “RFP # 167129-C3R2, Food Service Management. Please include an electronic version of your
proposal. Deliver/send t o Diane Pacheco, Purchasing Manager, Administrative Center,
3200 Broadway, Kansas City, MO 64111-2429. Hand delivered proposals must be logged
in (indicating date and time received) with the public safety officer located in the lobby.
2. Any exceptions taken to the terms, conditions, or specifications of the RFP, including without
limitation the General Terms and Conditions and the sample Standard Contract, must be
clearly noted in the proposal as follows: Exceptions to RFP # 16-7129-C3R2. If not so noted,
then the contractor expressly agrees to the terms, conditions and specifications of the Request
for Proposal (RFP) in its entirety and any exception subsequent to the submittal of the proposal
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will be held invalid and/or cause for MCC to reject the proposal, in whole or in part, at the sole
discretion of MCC.
3. Services shall not be subcontracted or a s s i g n e d , in whole or in part, without the
express written consent of MCC. Areas of work that cannot be accomplished by the
contractor must be identified in the proposal, including the identification of businesses to be
used. However, ultimate responsibility for the goods/services and all obligations relating to
the goods/services will remain with the successful contractor.
4. It is the responsibility of each contractor to become familiar with the requirements of
this proposal. Lack of knowledge concerning the proposal’s requirements will not relieve the
contractor of conditions submitted in response to the proposal.
5. In the event that it becomes necessary to revise this proposal in whole or in part, an addendum
will be provided to all contractors on record as having received the proposal. MCC strives to
notify all prospective contractors of any issued addenda. Return the attached
Acknowledgement of Receipt (last page of this document) to receive updates. It is important
to note, however, that it remains the responsibility of the respondent to determine if any
addenda have been issued and to obtain those addenda prior to submitting their proposal.
6. An oral presentation by the contractor to supplement the proposal may be required. Each
contractor should be prepared to give an oral presentation of their proposal and a detailed
analysis of how each of the requirements described in this RFP will be addressed. MCC will
make a decision regarding presentations after the initial review of proposals and will notify
contractors if presentations are required.
7. MCC will not be liable for any costs that a contractor may incur in the preparation of or
presentation of the proposal.
8. Proposal must be dated and signed by an official authorized to bind the contractor to its
provisions. Proposal must remain in force for at least ninety (90) days from the date for
submission of proposal.
9. No communication concerning the RFP will take place between contractors and MCC
during the RFP process, except in writing. Questions regarding the RFP process should
be emailed to Purchasing.info@mcckc.edu. Questions must be received by noon, May 13,
2016. Response proposals will be compiled and shared with all contractors on record with
interest in participating. Please complete the Acknowledgement of Receipt (last page of this
document) to be informed.
10. MCC reserves the right to waive any informality and to reject any or all proposals and/or to
cancel this request for proposal. MCC also reserves the right to make multiple awards. The
award(s) shall be made based on the proposal(s) that serves the best interest of MCC and
will not be evaluated solely on a monetary basis. Each proposal should be submitted based
on the most favorable terms, from a price and services standpoint, which the contractor can
submit to MCC. No contract award shall exist until executed in writing.
11. Any proposal may be withdrawn at any time prior to the time specified herein for the opening
of proposals, but no proposal may be withdrawn for a period of ninety (90) days thereafter.
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12. In all cases, no verbal communication will override written communication and only written
communications are binding.
13. MCC shall not be obligated to return the contractor’s proposal once submitted, whether
the proposal is withdrawn or not.
14. Contractor will be required to comply with the General Terms and Conditions, as well as
state any objections to the terms of the sample Standard Contract, collectively attached
hereto in Part II.
15. A 5% preference shall be granted to all firms, corporations or individuals doing business as a
Missouri firm, corporation or individual provided the additional cost to the District does not
exceed $500.
16. Contractors must indicate their Minority and Women Business Enterprises participation levels
committed to this project on the M/WBE Participation Form, attached hereto in Part II.
17. After awarding of the RFP and signing of an agreement, as per the terms of such agreement,
contractor shall issue invoices via email to purchasing.info@mcckc.edu or mail them to
Metropolitan Community College, Purchasing Department, 3200 Broadway, Kansas City,
Missouri 64111.
TIMELINE
An overview of the process and proposed timeline for the engagement is provided below:
Scheduled Task
Due Date
RFP Issued
May 2, 2016
Site Visits
MCC-Longview Campus Center – 8 AM
MCC-Blue River Campus Center – 9:30 AM
MCC-Maple Woods Student Center-11 AM
MCC-Penn Valley Campus Center- 1 PM
Written RFP questions submitted to MCC by
noon.
Proposals Due 10 AM
May 11, 2016
Firm presentations scheduled between 1PM
and 4PM as needed for evaluation
Recommended for award to Board of
Trustees
June 6, 2016
May 13, 2016
May 25, 2016
June 23, 2016
LOCATIONS
MCC-Blue River
20301 E 78 Highway
Independence, MO 64057
MCC-Business Technology
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1775 Universal Avenue
Kansas City, MO 64120
MCC-Longview
500 SW Longview Road
Lee’s Summit, MO 64081
MCC-Maple Woods
2601 NE Barry Road
Kansas City, MO 64156
MCC-Penn Valley
3201 Southwest Trafficway
Kansas City, MO 64111
MCC-PV, Health Sciences Institute
3444 Broadway
Kansas City, MO 64111
MCC Administrative Center
3200 Broadway
Kansas City, MO 64111
CURRENT PROGRAM
The foodservice program consists of contractor operated facilities at each campus. At Blue River,
Penn Valley, Maple Woods and Longview, each foodservice facility consists of a café supported
by a full service kitchen. Each campus, as well as the Business and Technology Campus and
Health Science Institute, are also equipped/served by vending machines. While each kitchen
varies in size, each is large enough to support retail foodservice operations as well as on campus
catering needs. The cafes are intended to be the “social center point” of each campus and
adjacent to each is a large dining area where students, faculty and staff are welcome to eat, study
and socialize. Within the Blue River, Maple Woods and Longview facilities, there is a grill, a full
service scramble system cafeteria or cafe, salad bar and coffee/espresso station. A detailed
description of the scope of dining services is listed in Section III. MCC believes that all of the
server portions of the cafeterias are adequately designed and equipped to meet the food variety
and service speed expectations of their respective marketplaces. Given the “rush” nature of the
business, any changes that will result in faster, more efficient service will be mutually beneficial.
Annual revenues from the four campus foodservice programs and district wide vending were
$982,000 for calendar year 2015.
The tables below show student enrollment and student credit hours from fall 2011 to spring 2016.
BLUE RIVER (BR)
Year
Student
Headcount
Student
Credit Hrs.
2011-12
5125
2012-13
4673
2013-14
4519
2014-15
4349
2015-16
4387
70766
64879
62956
57974
57492.5
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BUSINESS AND TECHNOLOGY (BT)
Year
Student
Headcount
Student
Credit Hrs.
2011-12
1253
2012-13
1264
2013-14
1277
2014-15
1307
2015-16
1202
16383
16211
17094
16442
15427
LONGVIEW
Year
Student
Headcount
Student
Credit Hrs.
2011-12
9408
2012-13
8780
2013-14
8403
2014-15
7636
2015-16
7150
123738
117422
114240
102656
98178.5
MAPLE WOODS
Year
Student
Headcount
Student
Credit Hrs.
2011-12
7777
2012-13
7599
2013-14
7210
2014-15
7092
2015-16
6908
101978
102542
99555
92805
92252
PENN VALLEY
Year
Student
Headcount
Student
Credit Hrs.
2011-12
8164
2012-13
7439
2013-14
7029
2014-15
6560
2015-16
6055
106131
95028
91744.5
84631.5
77674.5
The overall scope of work presented herein has been purposefully left open. MCC wishes to
establish a working relationship with a company that can clearly demonstrate its understanding
of the four campus communities and creative, if not, innovative ways to affect an operationally
and financially successful foodservice program. MCC is particularly interested in working with a
company that will implement quick-service style care solutions to more efficiently meet
foodservice needs during off-peak hours and that will be able to capitalize on the unique catering
opportunities associated with each campus’ meeting space, trade show and/or cultural venues.
We should give the number of days that school is in session including Holiday Closures as
referenced in Section P.
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INTENT
MCC administrators believe that a high quality, exciting foodservice program is one of several
critical factors which can contribute to the overall success of its program. Through a dedicated
contract management company, administrators believe that they can achieve that success by
structuring a partnership alliance with a company that has comparable management depth and
experience. With strong leadership and innovative food presentations, MCC believes that its goals
can be realized via a profit and loss contract format. While MCC would like to realize positive
income after all direct costs have been recovered, an equitable profit share or, at worse, break
even result will be satisfactory. Toward that end, it is understood that a successful business
relationship must be carefully constructed on a foundation that assumes and fosters the intent to
achieve win-win operational and financial results each contract year.
This RFP is a reflection of MCC’s and each campus’ intent to create and sustain a successful
business relationship. It should be assumed by all concerned that there is no fixed template from
which the proposal responses will be evaluated. Innovative and reasonable proposals are not
only encouraged - they are welcomed.
SCOPE OF SERVICES
At present, foodservice within MCC consists of four full-service cafeterias and an incumbent
contractor-administered Subway franchise.
Longview Cafeteria
Cafeteria is primarily oriented to traditional entrees, fast food/grill choices and
soup/salad/sandwiches. There are approximately 400 seats in the multi-functional dining area.
The cafeteria also serves a variety of bottled drinks and snacks and caters on-campus events.
During normal academic periods, the cafeteria’s days and hours of operation are:
Monday - Thursday - 7:30 AM - 1:30 PM
Friday - 7:30 AM - 1:00 PM
Saturday and Sunday - Closed
Maple Woods Cafeteria
Cafeteria is primarily oriented to traditional entrees, fast food/grill choices and
soup/salad/sandwiches. There are approximately 200 seats in the multi-functional dining
area. The cafeteria also serves a variety of bottled drinks and snacks and caters on-campus
events. During normal academic periods, the cafeteria’s days and hours of operation are:
Monday - Friday - 7:30 AM - 2:00 PM
Saturday and Sunday – Closed
Penn Valley
Penn Valley is currently served by a single Subway franchise outlet, which is subcontracted
to the primary foodservice contractor, as well as a cafeteria with fast food/ grill choices. This
cafeteria serves only fountain drinks and caters on-campus events. There are approximately
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400 seats in the multi-functional dining area adjacent to the Subway. During normal academic
periods, the cafeteria’s days and hours of operation are:
Monday - Thursday - 7:30 AM - 7:30 PM
Friday 7:00 AM - 2:00 PM
Saturday and Sunday - Closed
Blue River Cafeteria
Cafeteria is primarily oriented to traditional entrees, fast food/grill choices and
soup/salad/sandwiches. There are approximately 160 seats in the multi-functional dining area.
The cafeteria also serves a variety of bottled drinks and snacks and caters on-campus events.
During normal academic periods, the cafeteria’s days and hours of operation are:
Monday - Thursday - 7:30 AM - 2:00PM
Friday - 7:30 AM - 1:30 PM
Saturday and Sunday- Closed
Catering.
Each campus will be encouraged to use the campus food service for most student affairs
and other events that take place at campus locations.
Vending.
There is currently one vending contract for the above four campuses, the Business and
Technology Campus, the Health Science Institute and the Administrative Center. The
vending contract is managed by MCC’s Director of Auxiliary Services and Business
Relations with coordination by campus representatives and Facility Services.
Exclusive Beverage Pouring Rights Agreement
MCC is open to considering a “limited” exclusive pouring rights agreement as facilitated
by the Contractor on its behalf. The “limited” portion of the exclusive rights portion of this
contract is defined as the right to have one single door, full-size glass front non-branded
refrigerator that contains competitive products on each campus. All other bottled and bulk
beverages will be exclusive to either Coca-Cola or Pepsi. The financial value of this
arrangement shall be paid directly to MCC. At MCC’s sole discretion, the proportional
value of this agreement may be applied to each campus foodservice financial statement
if expressed as a below the net expenses line as “other income”.
With respect to limited exclusive pouring rights, the term “beverage” shall mean:
Carbonated fountain beverages
Carbonated prepackaged beverages
Iced tea-based fountain beverages
Iced tea-based prepackaged beverages
Non-carbonated fountain beverages
Non-carbonated bottled beverages
Fountain or dispenser juice products
Bottled water products - spring, artesian or processed
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Flavored waters - non-carbonated
Flavored waters - carbonated
Waters with vitamins
Isotonic fountain beverages
Isotonic prepackaged beverages
Energy drinks - prepackaged
Other specialty beverages as may be agreed upon
Excluded from any limited exclusive pouring rights agreement will be milk and milk-based
products, coffee, freshly brewed tea, hot chocolate and other hot beverages,
unpasteurized and pasteurized juices, frozen drinks and smoothies. Any other beverages
not specifically noted above will not be considered to be included in any agreement without
both the College and selected firm(s) agreeing to the inclusion in writing.
During special department or student-affiliated organization activities, soft drink products
may be donated to the College by a soft drink supplier that may not be the contracted
supplier. This supplier may be allowed to place temporary signage and to have its products
served. MCC will endeavor to give the contracted supplier “first right of refusal” when these
types of sponsorship opportunities arise. However, MCC cannot guarantee “first right of
refusal” in all such circumstances.
SPECIFICATIONS
A. Access to premises
The selected Contractor shall have access to the premises at reasonable times, as
determined and coordinated by MCC. Selected contractor’s employees will be issued
access cards.
B. Management & Personnel
The Contractor shall maintain adequate staff on duty at each MCC campus at all times to
ensure a quality foodservice operation. In order to maintain a high quality of service, the
Contractor shall be responsible for providing expertly trained, experienced and qualified
personnel for administration and supervision, menu planning and dietetics, production,
purchasing, service, sanitation, marketing and equipment consulting both on-site at each
campus and at Contractor's division and/or corporate levels.
The Contractor shall continually provide satisfactory training and development programs
for employees at all levels of the foodservice operation. Regularly scheduled full-time,
part-time and student employee training meetings shall be conducted by the Contractor
as a cost of doing business.
The Contractor shall require all of its employees assigned to duty at MCC to submit to
health examinations either before being hired, periodically, annually or at least as
frequently and stringently as required by law.
The Contractor represents that it maintains comprehensive hiring policies and procedures
which include, among other things, a background check for criminal convictions, and preemployment drug testing, all to the extent permitted by law. The Contractor shall conduct
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thorough background checks and obtain references for all its employees and
subcontractors performing the services. The Contractor further represents that through
its hiring policies and procedures, it uses commercially practicable efforts to hire
candidates with appropriate character, disposition and honesty. The Contractor shall
require all subcontractors, as a condition to their engagement, to be bound by the
provisions of this section. To satisfy the Contractor’s obligations under this section, MCC
may require the Contractor to utilize the services of a third-party Contractor designated by
MCC to obtain the required background investigations.
Students may be offered employment on the campus and could be available for placement
with the Contractor in the cafeteria. When the Contractor hires MCC Student workers
through the on-campus student employment office, these requirements will conform to
and rely upon MCC’s process for hiring student workers. MCC’s process assumes that
students are in compliance with the MCC student code of conduct. (The Blue River
campus offers a work study program for students with special needs. These students are
accompanied by a para-professional from the Blue Spring School District.)
C. Legal Compliance
The Contractor shall have the capability of and be financially responsible for complying
with all applicable federal, state and local laws and regulations regarding the employment,
compensation and payment of its non-MCC personnel. This includes unemployment
insurance, worker's compensation and other taxes, health examinations, permits and
licenses.
D. Management Person/Team
The Contractor's on-site management person/team must have an appropriate amount of
professional training, formal education, experience, interpersonal characteristics and
public relations skills to provide the expertise required for a high quality retail (to include
branding) and catering foodservice operation.
E. Management Job Descriptions
The Contractor shall provide position descriptions and resumes for individuals who are
being considered for the on-site manager position. MCC shall have the right to request
interviews of proposed candidates for the director's and unit (to include catering)
managers positions and review Contractor's final recommendation before an appointment
is made. While MCC reserves the right to review and comment on such appointments,
the Contractor alone shall have the right to make such appointments and shall be solely
responsible for the employment decision.
F. Management Team Changes
Persons in positions with management responsibility (defined as key support and unit
managers and above) shall not be changed without thirty (30) days advance notice to
MCC’s Director of Auxiliary Services and Business Relations.
G. Minimum On-Site Representative’s Qualifications
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Candidates for the on-site representative’s position should have a minimum of five (5)
years full-time professional foodservice experience in comparable progressively
responsible positions and formal/continuing education in foodservice and foodservice
industry related areas. A minimum of one management/supervisory employee must be
ServSafe certified. All staff must meet local jurisdiction health code requirements.
H. Unlawful Behavior
The Contractor is responsible for the on-campus behavior of all its employees. Said
employees will abide by all rules and regulations which govern MCC employees.
Infractions of those rules and regulations may result in MCC requesting that the individual
no longer be employed at the Contractor's MCC account.
I.
Equipment/Facilities - Repairs & Maintenance
The Contractor shall be responsible for assuring MCC that its employees, agents or
designees are properly using and caring for the equipment and facilities assigned to it in
the performance of its daily duties. The Contractor shall be responsible for performing all
manufacturer/industry standards preventative maintenance procedures necessary to
properly maintain and operate all MCC-owned or purchased capital equipment,
furnishings and building components. In addition, the Contractor shall maintain a detailed
record of all repairs and preventative maintenance service for each piece of equipment.
In the event that Contractor negligence results in diminished or no performance, MCC
shall, at its option, require the Contractor to make and/or pay for the necessary repairs or
replacements without charging such costs against the account.
J. Minimum Training Standards
The Contractor shall have adequate personnel with sufficient training to ensure that all
employees are trained in the highest legal and generally accepted industry standards of
sanitation and safety and supervised in a "clean as you go" policy that will result in a clean
and orderly facility at all times. At a minimum, at least one full-time management person
should have successfully attained a Certified Foodservice Sanitation Professional
designation. All other key management and staff employees should have successfully
completed the National Restaurant Association's "ServSafe" or equivalent program.
The Contractor shall maintain and make such records available, including all applicable
training records, for review upon MCC’s request.
K. Keys
The Contractor shall be responsible for accounting for the location of any keys or locking
devices provided to the Contractor at the onset of the contract. The Contractor shall be
responsible for the cost of replacement of lost keys. If MCC determines that keys lost by
the Contractor or its employees could compromise MCC building or campus security, the
Contractor shall be responsible for paying all costs associated with re-keying designated
locations.
L. Theft/Burglary
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The Contractor shall be responsible for immediately reporting to the respective Campus
Police and Director of Auxiliary Services and Business Relations any break-ins or
unauthorized entries into the foodservice areas and all property losses associated
therewith. The Contractor shall be responsible for reporting to MCC all accidents involving
its staff or customers and all disputes or behavioral incidents involving staff or patrons
which occur in or around the premises.
M. Customer Monitoring
1. Patron Surveys. The Contractor shall cooperate with MCC in ongoing and periodic
monitoring of customer satisfaction for value received through an evaluation system
involving a representative cross section of the campus community, including catering
patrons and guests. One of these evaluation methods shall be regular formal
performance surveys for each respective foodservice program’s customers which
MCC reserves the right to conduct independently of the Contractor. The survey
instrument(s) and/or survey methodology shall be subject to the review and approval
of the Director of Auxiliary Services and Business Relations or designee.
2. Other Surveys. The Contractor is encouraged to engage in other forms of customer
monitoring, such as comment cards, as it deems necessary or appropriate.
N. Purchasing Standards
1. Minimum Standards. Food purchased by the Contractor for use in MCC foodservice
facilities and elsewhere on campus which is not already subject to other minimum
contractual standards (such as for local, regional or national brands) shall be equal to
or better than those specifications used at comparable type and sized Contractor
accounts.
2. General Purchasing Standards. Purchase of food, supplies and equipment shall
meet requirements of the United States Department of Agriculture (USDA), Food and
Drug Administration (FDA), Underwriters Laboratory, National Sanitation Foundation
(NSF) and other relevant agencies. In the absence of grade labeling, the Contractor
shall provide MCC, upon request, with package labeling codes or industry accepted
grade equivalent standard to verify the minimum grades specified are being provided.
3. Procedures. The Contractor shall maintain rigid procurement procedures throughout
the entire process of purchasing, receiving, storing and inventorying of all foods and
direct supplies. However, MCC is to receive the benefit of all quantity purchase
rebates and discounts associated with purchases made on its behalf.
O. Utilities
1. Cost Responsibility. MCC shall be responsible, at its cost, for providing electricity,
gas, steam, water, sewer service and air-conditioning, where applicable, for each
campus foodservice program. The Contractor shall, however, pay MCC five (5)
percent of its gross revenues as an offset for all utilities costs. Such payments shall
be due and payable to MCC within 20 days of the close of each month or accounting
period. If, at any time during the life of this contract, MCC should separately meter
utilities at one of more of the cafeterias, MCC reserves the right to pass on the actual
cost.
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2. Utilities Provision. MCC cannot guarantee an uninterrupted supply of water, steam,
electricity, gas or heat or air conditioning. However, MCC shall take reasonable efforts
to effectuate restorations of the service following an interruption. MCC shall not be
liable for any product loss which may result from the interruption or failure of any such
utility services.
3. Energy Conservation. The Contractor shall assume responsibility for maximum
utility/energy conservation. The Contractor shall adopt and enforce a policy of turning
off or down lights, fans, water, ovens, steam equipment and other energy- consuming
items when the foodservice facilities are not in use or when business volume dictates
a reduction in the use of utilities. MCC reserves the right to assess a fine of $500 for
each abuse due to Contractor negligence after two written warnings have been issued
within each contract year.
4. Telephone Service. The Contractor shall use MCC’s telephone system and shall pay
all long distance service charges.
P. Sanitation, Safety & Quality Assurance
1. Scope. The Contractor shall provide daily housekeeping, cleaning, preventive
maintenance and sanitation service which include necessary commercial equipment
and supplies for all assigned foodservice areas. These facilities shall include, but not
be limited to, production and serving areas, snack bars, carts, refrigerators, freezers,
receiving and storage, trash and garbage, employee rest rooms, offices, hallways and
stairs used by the Contractor. During the course of each business day, the Contractor
shall have the responsibility to spot clean all dining areas. All foodservice areas from
the servery back through and including the kitchen, storage areas and loading dock
shall be the sole responsibility of the Contractor.
2. Minimum Training Standards. The Contractor shall have adequate personnel with
sufficient training to ensure that all employees are trained in the highest legal and
generally accepted industry standards of sanitation and safety and supervised in a
"clean as you go" policy that will result in a clean and orderly facility at all times. At a
minimum, at least one full-time management person should have successfully attained
a Certified Foodservice Sanitation Professional designation.
All other key
management and staff employees should have successfully completed the National
Restaurant Association's "ServSafe" or equivalent program and meet all local
jurisdiction health code requirements.
The Contractor shall maintain and make such records available, including all
applicable training records, for review upon MCC’s request.
3. Cleaning Schedules. The Contractor shall develop, implement and update cleaning
and sanitation schedules for all equipment and areas as assigned. Cleaning must be
sufficient to provide protective maintenance against unnecessary deterioration and
provide a clean, neat and sanitary appearance. Upon review and approval by MCC,
the schedules shall be posted and implemented within 30 days of the beginning of the
Agreement.
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4. Ventilation Hoods & Fire Suppression Systems. MCC shall be responsible for
contracting with a qualified firm to provide periodic cleaning of hood ducts, plenums,
fans and related units as well as all fire suppression systems. The Contractor shall
retain responsibility for the regular cleaning of all interior and exterior surfaces as well
as the filters (if applicable).
5. Holiday Closures. When the foodservice areas are closed for MCC
vacations/holidays, these areas shall be left in a clean and ready-for-inspection
condition.
6. Food Handling/Sanitation/Safety Practices. The Contractor's employees shall be
neat and tidy in appearance and shall follow established mandated and foodservice
industry best hygiene practices in the handling of food. MCC requires that all
foodservice employees have their hair restrained in accordance with local health
codes and must wear gloves when handling food.
7. Linens & Uniforms. The Contractor shall be responsible for providing, cleaning and
maintaining an adequate inventory of table linens, employee uniforms, aprons, towels
and other related dining service linens. Contractor employees and MCC employees
shall be in uniform and wear a visible name tag identification at all times while on duty.
Management shall be appropriately dressed (but not necessarily in uniform) and wear
name tag identification.
8. Employee Illness. The Contractor shall not allow any foodservice employee to work
with a known illness which is transmitted through the air or via the food products,
equipment or other mediums, open sores or other symptoms. Any contagious disease
such as hepatitis must be reported immediately to the campus representative as well
as MCC’s Director of Auxiliary Services and Business Relations and local Health
Department authorities.
9. Pest Control. The Contractor shall coordinate its deep cleaning and pest control
procedures with MCC’s Facility Services Department and be responsible for
implementing and sustaining measures to prevent infestation in accordance with
MCC’s pest control measures. MCC provides pest control services to all campus
locations.
10. Conservation/Recycling. The Contractor is urged to purchase and promote the use
of environmentally friendly post-consumer waste products. In addition, the Contractor
is encouraged to recycle food, packaging and other items to the extent that there are
available markets and outlets for the products and which meet state and local
sanitation and safety regulations. Cardboard boxes are to be broken down before
being placed in designated recycling bins. Cans and plastic containers are to be
washed and flattened before being placed in designated recycling bins.
11. Garbage. MCC will provide for the removal of trash and garbage which has been
delivered to the designated locations. When applicable, Contractor shall participate in
MCC-directed waste reduction programs. The Contractor will be responsible for the
cleaning and sanitizing of all grease traps in accordance with MCC procedures and
frequency.
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12. Accident Prevention. An aggressive program of accident prevention and safety
education shall be adopted and implemented by the Contractor. Proper instructions
on the use of equipment and food handling techniques shall be provided in the
promotion of a safe and accident-free environment.
13. Accident Reporting. The Contractor shall immediately report fires, unsafe conditions,
thefts and security hazards to the campus representative and Director of Management
and Auxiliary Services. The Contractor shall immediately fix and/or report any citations
by local, state or federal agencies or those identified by MCC representatives for
unsafe conditions.
14. Fire Prevention. MCC shall furnish and maintain fire extinguisher equipment and
supplies. Contractor shall notify the campus representative and MCC’s Director of
Auxiliary Services and Business Relations immediately after any fire extinguisher use
or discharge.
15. Campus Sanitation Inspections. The Contractor shall permit unrestricted access to
its foodservice facilities and at catered events held outside of MCC at any time by its
employees or authorized representatives. Copies of all inspection reports shall be
transmitted by the Contractor to MCC immediately upon receipt. Copies of all
corrective action reports shall be transmitted by the Contractor to MCC within three (3)
days of deficiencies.
16. Quality control reviews. The food service on each campus will be reviewed each
semester during a meeting with the campus foodservice manager, the designated
campus representative, and the Director of Auxiliary and Business Relations. This
meeting will be arranged by the campus representative. Campus suggestions,
requests and complains will be communicated by the local campus representative to
the local foodservice manager and forwarded to the Director of Auxiliary Services and
Business Relations. A monthly walk through of the food service facility will be
conducted by the Director of Auxiliary Services and Business Relations, Facility
Services and the designated campus representative.
Q. Equipment - Inventory, Procurement & Repairs
1. Initial Expendables Inventory. Contractor shall have use of MCC’s existing
inventory of expendable and non-expendable supplies and equipment (e.g. china,
glassware, flatware, trays and kitchen utensils). Thereafter, the Contractor shall be
responsible for purchasing and maintaining all such smallwares in good working order.
All smallwares/expendable equipment/supplies purchased thereafter shall be the
responsibility of the Contractor but will remain with MCC upon contract termination.
Specifications for replacement of inventory of equipment, china, flatware and
glassware by the Contractor shall require MCC's review and approval.
2. Capital Equipment. MCC shall be responsible for providing the existing capital
equipment and replacing said equipment that is worn beyond repair and/or obsolete,
as well as purchasing additional capital equipment deemed necessary and approved
by the respective campus or MCC.
3. Inventory. Prior to the start of the Agreement, MCC and Contractor representatives
shall jointly inspect and assess the condition/relative useful life of all capital and
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expendable equipment included within said inventory. At MCC's discretion, such
inventories will be conducted no less than annually throughout the life of the
Agreement.
4. Office Space and Furniture. By mutual agreement, MCC will provide existing office
space at no charge to the Contractor. The Contractor shall be responsible for
maintenance of such space in good condition and repair. Any office furniture not
included on the capital inventory shall be furnished by the Contractor at its own
expense.
5. No Implied/Express Warranties. With respect to the equipment provided by MCC,
neither MCC nor the individual college campus make any implied or express
warranties, including, but not limited to, the implied warranties of merchantability and
fitness for a particular purpose. However, the Contractor shall have the benefit of any
warranty or guarantee given MCC by the manufacturer or the seller of the equipment.
6. Contract Termination Inventory. On termination or expiration of the Agreement,
MCC and Contractor shall conduct a physical inventory of all non-expendable supplies
and capital equipment. At that time, the Contractor shall surrender the facilities and
non-expendable supplies and equipment to MCC in as good condition as at the start
of the Agreement, ordinary wear and tear and loss or damaged by fire, flood and other
perils covered by extended coverage insurance excepted. The inventory must be
equal to the original inventory plus any additional (not replacement) equipment
provided during the life of the Contract. The undepreciated value of additional capital
equipment (purchased by the Contractor) at the time of the transition or within the life
of the Agreement, will be purchased by the succeeding contractor or by MCC in the
event MCC should decide to reinstate self-operation. Depreciation will be a straightline method over five (5) years.
7. Office Equipment. The Contractor, at its cost, shall provide any office machines
necessary for the management of MCC’s foodservice program including computers,
printers, facsimile machines, copy machines, typewriters, calculators and similar
items. Contractor must coordinate all computer purchases with MCC’s Network and
User Services Department. All computers, printers, peripherals, communications or
other networked equipment are subject to MCC’s approval. Installation, configuration
and support of the equipment must be done by MCC’s IT personnel. The Contractor
warrants that software applications it provides for the purpose of performing services
related to processing payments, particularly credit card payments, are development in
accordance with and are in compliance with best practices. As verification of this, the
Contractor agrees to provide evidence that any such application it provides is certified
as complying and agrees to maintain that certification as may be required from time to
time.
8. Transport Equipment. If there are food and beverage items which must be
transported by motor vehicle, the Contractor shall be responsible for providing (1) a
vehicle(s) suitable to the purpose (2) adequate and qualified staff to operate the
vehicle(s) and (3) appropriate insurance to cover the activity. The Contractor
indemnifies MCC for damages or injuries caused by negligent operation of the vehicle
by the Contractor's employees or agents in accordance with the indemnification
provisions provided hereunder.
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9. Contractor-Purchased Equipment. The Contractor shall provide, at its own cost and
expense, any other capital or smallwares related equipment not provided by MCC that
the Contractor deems necessary to implement its concept. The installation of
Contractor-owned equipment shall require the prior written approval of MCC.
10. Contractor/Vendor Maintenance. Contractor representatives, who normally provide
checks and reports as part of their equipment or product service, shall be encouraged
to make frequent inspections. A copy of all inspection reports shall be furnished by
the Contractor to MCC immediately upon receipt. The Contractor shall be responsible
for implementation of corrective measures within three (3) working days. A record of
such action must be included with the inspection reports.
R. Marketing
1. Advertising & Promotion. The Contractor shall regularly implement advertising and
promotional efforts to increase the visibility and image of each campus’ foodservice
program. Each MCC campus shall reasonably cooperate with the Contractor in
promoting and merchandising services and products to attract more customers and to
more fully utilize the foodservice. At a minimum, the Contractor shall disseminate
student, faculty and staff information brochures, catering menus, monthly, weekly and
daily menu calendars and quarterly newsletters as well as maintain the appropriate
portion(s) of each college’s website. Contractor shall submit weekly menu options for
display on monitors at cafeteria locations as well Contractor may work with a college
committee which will assist in coordination of surveys, promotional efforts and
dissemination of information. All mass emails to student populations require
preapproval from MCC’s marketing department to protect branding.
2. Approval. All advertising and promotional efforts shall be coordinated through, and
reviewed by MCC or college designee prior to publication and distribution and shall be
limited to campus media intended for students, staff, guests and faculty. Advertising
via off-campus media is strictly prohibited.
3. Other College/Campus Promotional Efforts. MCC-wide or individual college
campus foodservice promotional materials may be included in College or promotional
mailings so long as this inclusion does not materially affect mailing costs. Other
materials, produced, printed and mailed at the Contractor's cost, must first be
approved in writing by MCC.
In addition, the Contractor will be encouraged but not required to participate with other
MCC-wide or individual college department promotional efforts. It is assumed that
such efforts will be mutually beneficial.
4. Minimum Advertising Budget. To insure the continual implementation of a marketing
program, the Contractor shall budget a minimum of one-half percent (.5%) of the prior
fiscal year's total gross sales but no less than $7,500 for advertising, promotion and
related merchandising in the next the fiscal year apportioned appropriate for each
campus. Third-party costs (monies expended by product Contractors) associated with
these expenses shall not satisfy, in whole or in part, this required expenditure. The
Contractor's cost of discounted food and beverages sold or donated, or donated prizes
for promotional purposes, shall not be included in this total.
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5. Costs. The Contractor shall be responsible for all costs associated with advertising
and promotional efforts through printed or other media vehicles.
S. Nutrition & Life-Health Awareness
1. Education. A nutrition and life-health awareness program shall be provided as a selfeducation tool and designed to communicate in a positive, upbeat style through a
variety of informational formats, the need for a commitment to lifelong maintenance of
good health through correct eating habits and physical activity. The program shall
meet the following minimum requirements:
a) Provision of nutritional analysis, by portion, of each menu item, indication of
amount of calories, saturated and unsaturated fat (animal fat must be clearly
identified), cholesterol, sodium, sugar, carbohydrates, etc. This information
must be posted by the serving area of the food items.
b) Availability of recipe files and unique preparation techniques for customer
review of nutrition information
2. Special Needs. An ample selection of condiments shall be available for patrons who
prefer hot and spicy, sweet, salt or other flavor enhancers.
T. Service Standards
1. Hot Foods. Hot foods are to be served hot (above 140 degrees Fahrenheit) and cold
foods are to be served cold (below 40 degrees Fahrenheit).
2. Garnishes. All food shall be garnished for attractive presentation whenever possible.
3. Freshness. Any food appearing discolored, unappealing or not in a proper state of
freshness shall not be served.
4. Food Availability. All serving stations and bars are to be kept well stocked during all
designated serving times. The last customer is to be offered the same or equal range
of choice as the first customer. Food is to remain available until 5 minutes after
scheduled closing.
5. Serving Station Decor Treatments. Where appropriate and/or practical to do so,
serving stations, salad bars and food display areas shall be decorated at all times with
seasonal displays, flowers, etc.
6. Product Identification. Food items at the serving stations shall be readily identifiable
with attractive and individual labels noting the name and price of each.
7. Food Wrappings. Appropriate wrappings for foods shall be used as needed.
Wrapping shall be both attractive and serviceable, and, if possible, recyclable.
8. Upkeep. Display and serving areas shall be kept clean, sanitary, orderly and attractive
at all times. Any spillage or soiled spots shall be removed promptly from counters,
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steam table pans, general serving and dining areas and floors. Partially used and
broken items shall be promptly removed from the serving area.
U. Catering
The Contractor shall provide a catering program for MCC-approved functions such as
receptions, banquets, private parties, refreshment service, carry-out service and other
special events. The catering program should reflect the diverse needs of students, faculty,
administrators, staff and visitors in its service menu. Existing policies which determine the
scope of MCC-sponsored functions shall determine the catered events included in the
terms of the Agreement. It is important that catered functions for these groups be of the
highest professional standards featuring quality service and appropriate ambiance. Every
effort will be made to direct as much catering business as possible to the Contractor. This
effort assumes the Contractor’s willingness to promote and price all catering events paid
for by MCC at “cost plus 10%.”
The Contractor understands and agrees that the catering arrangement hereunder shall be
non-exclusive and MCC reserves the right to use other caterers as it deems appropriate.
The Contractor also understands and agrees that its name will be provided to non-MCC
groups that utilize its facilities, but MCC provides no guarantees that such groups will
select the Contractor as its caterer.
1. Minimum Standards. Catered service procedures, operational requirements and
menus shall be comparable to, or at least as good as, those currently in effect.
The Contractor shall provide three levels of service for catering:
•
•
•
Table linen
Paper and disposable
Pick • up/carry out
A complete catering guide to menus, prices, portions servings, catering policies,
minimums, additional charges, etc. shall be submitted to MCC for approval prior to
the start of the Agreement.
2. Prior Catering Commitments. The Contractor shall honor the specific
commitments of menus, prices and other arrangements made by MCC
management for catering service prior to beginning this Agreement.
3. Semester Review. The Contractor shall meet at least once a semester with local
and district MCC representatives to evaluate the catering program and, as
necessary, make revisions to improve overall service.
4. Non-MCC Groups. Catering provided to non-MCC groups which come to the
campus for meetings, conferences and events will be billed by the Contractor and
collection for such events is the sole responsibility of the Contractor unless some
other campus entity is acting as the organizing/sponsoring representative for that
group.
5. Catering Guides. Catering brochures/guides and prices are to reviewed and
updated at least annually. Copies of the catering guide shall be printed in sufficient
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number and distributed by August 1st of each year. The Contractor shall be
responsible for cost, production and distribution.
6. Space Commitments. MCC shall control the space commitment and scheduling
of authorized catered events. The Contractor shall consult on and coordinate the
menu, details of services required and advise on effective program arrangements
with the individual or department requesting catering service.
7. Staffing. The Contractor shall provide a sufficient number of qualified and trained
staff to service the events, take and process catering orders, respond to inquiries
and handle all aspects of a quality catering program.
8. Management. The Contractor shall identify a minimum of one member of its
management team, who has training for this type of service, to act as a catering
coordinator who will be responsible for all aspects of catered events. This person's
other duties should not conflict with these responsibilities.
9. Non-Solicitation. The Contractor is strictly prohibited from soliciting and
responding to non-related catering off-campus while utilizing campus facilities
without the express, written permission of MCC. However, the Contractor is
encouraged to accept all such non-MCC related business which is requested by
outside groups and held within MCC’s cafeterias or elsewhere on one or more of
the campuses. MCC reserves the right to approve all such business. Contracts
which require the use of the facility beyond the normal operating times of the
campus will require the written approval of the Director of Auxiliary Services and
Business Relations.
10. Cash/Ticket Collection. The Contractor shall be responsible for receiving and
accurately accounting for admission charges or collection of tickets for catered
events where specified by the event sponsor or host.
11. Catering/Meeting Room Set Up and Cleaning. MCC in coordination with the
Contractor will assume operational and financial responsibility for setting up and
tearing down each scheduled event. The Contractor will, however, be responsible
for spot cleaning prior to and between events.
12. Equipment Removal/Clean-Up. It is the responsibility of the Contractor to remove
all catering equipment and supplies from the catered service site and to complete
all clean-up activities immediately following the event.
V. Vending
1. GENERAL DESCRIPTION OF CAMPUS VENDING LOCATIONS
1.1. The Contractor will be granted the exclusive right and license to provide food,
beverage, select sundry items and related services through vending machines
located in the various areas. This does not impinge on the right for campus
bookstores to sell food, beverages and sundry items in the campus stores during
store hours.
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1.2. Services to be provided include food, snacks, beverages, select sundry items
and change machines in appropriate locations. In addition, all vending machines
in locations where there is usually a high concentration of campus community
members shall offer on-line card readers in accordance with the specifications
included herein.
1.3. MCC retains and reserves the right to change policies and renovate facilities
throughout the life of the contract and with such changes the location and number
of vending machines may increase or decrease and such increase or decrease
shall not be considered a default of this contract.
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2. PROHIBITED PRODUCTS
Under no circumstances, may the following products be sold:
a) Liquor
b) Cigarette, cigar or related tobacco products.
3. PRODUCT PRICES
3.1. The selling price of all vending merchandise shall be no higher than the average
vending price charged in the greater Kansas City area.
3.2. In addition, all vending prices shall take into account the prices charged on
campus and in the local area.
4. EQUIPMENT
4.1. All vending machines are to be furnished by the Contractor.
4.2. All vending equipment must be approved by the Director of Management and
Auxiliary Services prior to its installation.
4.3. All equipment in each area shall be modular in height, uniform in appearance,
aligned and bolted together for the neatest possible appearance.
4.4. The equipment shall be equipped with a mechanism accepting any combination
of nickels, dimes, quarters and one and five dollar bills. In addition, mutually
agreed upon vending equipment will have on-line card readers installed as
specified.
4.5. All such equipment, installation, software and related costs will be the sole
responsibility of the Contractor and/or subcontractor.
4.6. All machines must have the approval of Underwriter’s Laboratory, Inc., the
National Sanitation Foundation and National Automatic Merchandising
Association and other relevant code/licensing authorities.
4.7. All machines must be Energy Star Rated and be equipped with metering devices
unless otherwise approved by MCC.
4.8. Vending machines must comply with ADA regulations. In areas where more than
one vending machine is located, at least one of the machines must be ADA
compliant
4.9. If, in a campus representative’s opinion, a vending area should include a
microwave oven, the Contractor shall be willing to do this as a requirement of the
contract upon request.
4.10. The general requirement for vending machines is that machines will be multiple
issuing units of recent design and of the style and size that are best suited to the
given location. Generally, machines are to be of the following types: hot
beverage units (cup, fresh brewed coffee, chocolate, etc.); cold carbonated and
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noncarbonated beverage can and/or bottle dispensers; refrigerated milk and
fresh fruit juices or punches unit; ice cream unit; frozen food items (for microwave
rethermalization); and snacks, chips, pastries, candy unit.
4.11. All capital expenditures the Contractor makes to carry out the relevant contract
terms is a business risk the Contractor must assume. MCC will not be obligated
to reimburse unamortized capital expenditures or renew the Contract if the
Contractor is unable to recoup its capital expenditures during the initial and, if
exercised, extended contract term for any other action than an exclusive pouring
rights contract.
4.12. MCC reserves the right to require the Contractor to alter product offerings at each
site to accommodate the student, faculty and staff requests. The Contractor
must be willing and able to comply with all such reasonable requests.
4.13. MCC shall have the authority to require the Contractor to change the location of
vending machines or to require the Contractor to increase or reduce the number
of machines in use at any given time. The Contractor should be prepared to offer
an objection or counter-proposal to this request within 48 hours after it is made.
5. MAINTENANCE & REPAIR OF FACILITIES
5.1. The Contractor shall be responsible for the frequent cleaning and servicing of all
vending equipment and the routine cleaning of all vending areas including the
removal of empty cardboard cartons to the designated on-campus recycling
receptacles.
5.2. In all vending areas the Contractor is expected to conscientiously clean spills.
6. MAINTENANCE OF EQUIPMENT
6.1. MCC is not responsible for the maintenance of, or repair of, vending equipment.
6.2. All vending equipment is the property of the Contractor and the Contractor is
solely responsible for providing an acceptable preventive maintenance and
emergency repair program.
6.3. The Contractor must provide a two (2) hour emergency response time for
weekdays and a four (4) hour weekend maintenance and repair program.
6.4. A notice providing a unique machine number (tied to a specific location and
product type machine code), a repair service telephone number and a procedure
for easily obtaining a refund must be affixed to each vending machine.
6.5. The Contractor must respond to emergency service calls for equipment located
in MCC designated locations during all normal MCC operating hours.
6.6. The Contractor must maintain a record of service calls that includes the time and
date of the call, action taken and the time and date repairs were made; these
records must be furnished to MCC upon request.
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6.7. Vending machines are to be repainted and reconditioned as deemed necessary
by MCC as part of the regular maintenance and preventive maintenance
program.
6.8. Area treatment is to be maintained, repaired and repainted as necessary for
appearance that will be solely at the Contractor’s expense.
7. UTILITIES, GARBAGE REMOVAL, VERMIN CONTROL, ADVERTISING, SIGNS &
PARKING
7.1. MCC shall furnish and maintain the necessary utility connections and services at
the locations designated for the operation of vending machines.
7.2. MCC shall not be responsible for any damage to merchandise, vending
machines or other equipment in case of vandalism, break in or burglary, power
failure due to hurricane, electrical storms or other acts beyond the control of
MCC.
7.3. MCC does not guarantee uninterrupted service in providing any utility. The
Contractor agrees to hold MCC harmless from any loss or damage that may arise
as a result of the failure of any utility service.
7.4. The Contractor agrees that, in the event of a power or refrigeration failure that
might result in damage to perishable products, no such products shall be vended
or sold until the Contractor has verified that the product is acceptable for human
consumption.
7.5. The Contractor shall be responsible for maintaining effective vermin control
measures in all vending areas. MCC reserves the express right to charge the
cost of any special vermin control services to the Contractor if such infestation
was a direct or indirect result of the Contractor’s and/or subcontractor’s
negligence.
7.6. The Contractor agrees that the name of MCC shall not be used in any way,
including paper cups, paper plates, napkins, matches, vehicles, condiments,
etc., unless approved in writing by MCC.
7.7. The Contractor shall not erect, maintain or display any signs without the written
approval of MCC.
7.8. The Contractor will comply with all applicable parking regulations during
stocking, collection and equipment repair.
8. REPAIRS & ALTERATIONS
8.1. The Contractor shall be required to repair, rebuild and repaint all or part of the
premises which may be damaged or destroyed by an act or omission of the
Contractor, and shall return the premises, upon expiration or termination of the
Contract, to MCC in the same condition that existed at the commencement of
the Contract except for normal wear and depreciation. Such repairs will be
determined by the Director of Auxiliary Services and Business Relations in
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conjunction with Facility Services. Repair service must be given within twentyfour (24) hours of notice of faulty equipment. If the machine cannot be repaired
within this time, arrangements are to be made with MCC to have the machine
removed and replaced. The Contractor will provide to the Director of Auxiliary
Services and Business Relations and MCC’s Police Department after-hours
telephone number(s) for all area management representatives authorized to
respond to emergency situations.
8.2. MCC shall have the absolute right to make any repairs, alterations or additions
to the buildings free from any and all liability to the Contractor herein for loss of
business or damage of any nature whatsoever occasioned during the making of
such repairs, alterations or additions.
9. DESTRUCTION OF PREMISES
In the event that any building used by the Contractor is totally or partially destroyed by fire
or other perils, MCC shall have the right to eliminate the facility without impacting this
Contract or to rebuild the building or buildings at its own discretion without creating any
liability to the Contractor. The Contractor understands and agrees that it shall not be
entitled to any compensation or damages from MCC hereunder for (a) any commercial
loss or damage (b) damage to, loss of or loss of the use of the whole or any part of any
building (c) personal property belonging to the Contractor, its employees or agents or (d)
for any inconvenience or annoyance occasioned by such damage, repair, reconstruction
or restoration.
10. PRODUCTS
10.1. It is expressly understood and agreed that MCC has the exclusive right to
approve all items to be sold and determine if and when such items are unsuitable.
Such approval will be granted or denied by the Director of Auxiliary Services and
Business Relations. The Contractor shall immediately discontinue the sale of
any such items upon written request by MCC.
10.2. Contractor shall utilize vending opportunities to enhance the entire retail/cash
operation by providing “value added” and “cross bounce” programs designed to
maximize volume/revenue.
10.3. MCC reserves the right to have the Contractor comply with special requests to
stock certain items at specific locations on the campus.
11. GENERAL VENDING PROVISIONS
11.1. The Contractor will be required to collect revenues from the machines a minimum
of once per week at a scheduled time agreed to by MCC and the Contractor.
The Contractor will work with MCC to establish preferred service/collection times
that do not conflict with busy traffic times at each location.
11.2. The Contractor shall identify and implement internal audit procedures that
address inventory control, collection procedures and refund procedures.
Reports are to include daily, weekly and monthly activity identified by machine,
machine type and location.
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11.3. The Contractor will work with MCC to anticipate special changes in machine
stocking schedules. MCC has a number of events that attract varying audiences
that take advantage of specific vending locations throughout the campus.
12. REFUNDS
12.1. Whether operated by the Contractor or subcontractor, refunds due to machine
malfunctions and spoiled/damaged product are to be available at all times from
vending route persons.
12.2. In addition, a bank of no less than $50.00 shall be maintained and refreshed no
less than weekly in the cafeterias and other designated locations, such as
business offices, on each campus for the purpose of providing refunds.
FINANCIAL SPECIFICATIONS/TERMS
A. Price Increases
1. Timing. After the first year of the Agreement, requests for retail and catering price
adjustments for the ensuing year will be considered by MCC no later than April 15th
for potential implementation on or about August 1st. Denial by MCC of all or some
price increase requests shall not be a breach of this Agreement. Failure to submit
requests for retail and catering price adjustments by the date specified hereunder shall
cause such retail and catering prices to be renewed at the then current prices for the
following year and such failure to so submit shall not be cause for termination by the
Contractor.
2. Basis. Prices shall be competitive with comparable menu items served by local
commercial food operators and by other local area educational institutions. Requests
for increases in the retail and catering will be based upon accurate and timely annual
financial statements showing all revenues and approved pass-through expenses and:
•
Increases in the U.S. Department of Labor Regional Statistics for labor cost
increase in similar job categories
•
The U.S.D.A. Regional Wholesale Food Price Index (as issued quarterly) and
the U.S.D.A. Food Index Forecast should be used to justify the increase in food
cost
•
U.S. Department of Labor Regional Statistics for labor cost increase in similar
job categories should be used to justify the increase in labor costs; in addition,
increases in tax rates affecting labor cost should be applied
•
Changes in menu, points-of-service, additions or levels of service provided
•
Increases for similar portions/products in similar food operations in the Kansas
City market area (a price survey will be required)
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•
Verification/substantiation of any other cost factors through submission of
Contractor invoices over the previous twelve-month span
MCC reserves the right to approve or reject requested price increases. However,
with adequate evidence based upon the above criteria, MCC will not unreasonably
deny price increases.
3. Temporary Price Increases. Notwithstanding Section IX, Part A, Items 1 and 2, MCC
may approve a temporary price increase due to unexpected, significant increases in
wholesale cost of a food item until such times as prices for a given item(s) stabilize.
For example, a freeze in South America results in destruction of a major portion of the
coffee crop. With its temporary price increase request, Contractor shall submit
documentation as to the impact on the wholesale price of the food item.
B. Taxes
All prices shall include applicable sales tax. Contractor shall be responsible for collecting
and remitting to the taxing authorities the appropriate amount of sales taxes in accordance
with applicable state and local laws and regulations. Contractor shall hold harmless and
indemnify MCC from and against all claims or demands arising out of Contractor's failure
or refusal to collect and remit taxes applicable to its activities hereunder.
C. Security
The Contractor shall exercise maximum security control over all cash, charge and sales
transactions. MCC shall not be responsible for theft or loss of the Contractor's cash or
property.
D. Checks
The Contractor shall work with MCC to establish a system that will allow the Contractor to
accept credit and bank debit cards and personal checks for the amount of purchase. All
such transactions shall be at the Contractor’s sole risk.
E. Budgets
1.
Forecasts. The Contractor shall provide budget forecasts and targets which are
in line with MCC's fiscal year.
2
Variances. All anticipated budget variances in excess of $500 or 1%, whichever
is greater, must be explained in writing.
F. Billing & Payments
The Contractor shall pay MCC, on a monthly or accounting period basis, the fixed
minimum payment or specified percentage of net sales (gross less sales tax), whichever
is greater, from all retail operations. Sales from each type of retail operation shall be
reported both separately and in combined form for each accounting period.
The Contractor is to bill MCC or requesting department for all food, beverage and service
charges contracted for. Billings and collections for special events, catering or conferences
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not sponsored by MCC shall be made by the Contractor. At the end of each year of the
Agreement or on expiration of the Agreement, any unpaid accounts that are deemed
uncollectible remain the liability of the Contractor.
Commissions shall be paid to MCC on catering sales in the period they are earned and
charged, and not on the collection date. The Contractor shall not be reimbursed for
commissions paid on uncollected accounts.
Payment of commissions related to all retail, catering and special contract sales shall be
made to MCC by the Contractor on or before the 20th day after the last day of the previous
accounting period.
One year from the effective date of this Agreement and each full year thereafter during
the life of the Agreement, the Contractor shall pay MCC that portion of commissions due,
if any, to equal a guaranteed annual commission required in this Agreement. Payment
shall be made by the 20th day of June and recorded as commissions paid in the year a
guarantee was due.
G. Auditing & Accounting
1.
No Advance Payments. The Contractor will operate on its own credit and provide
its own cash banks/reserves with no advance payments from MCC.
2.
Records. All records must be retained by the Contractor and be accessible to
MCC for a minimum of three (3) previous years plus the current contract year.
MCC
reserves the right to audit any aspect of the foodservice contract as
performed by the Contractor. The Contractor shall keep full, timely and accurate
records in accordance with generally accepted accounting practices.
3.
Audit Rights. The books, records, documents and accounting procedures and
practices of the Contractor relevant to this contract shall be subject to examination
by MCC and its authorized representatives, state of Missouri auditors or any other
applicable federal, state or local governmental entity or any of their authorized
representatives. If necessary, they will be made available at the Contractor's MCC
office. Thus, the Contractor shall:
•
Provide MCC and state of Missouri auditors reasonable facilities for the
examination, copying and audit of the books and records
•
Make such returns and reports as required
•
Attend and answer under oath all lawful inquiries
•
Produce and exhibit such books and records as may be desired to be
inspected
•
In all things cooperate with MCC and state of Missouri auditors in the
performance of its duties
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4.
Contractor Initiated Audits. MCC shall be informed on demand by the Contractor
of the schedule of independent audits of the Contractor's records and operations.
MCC shall receive a report of any findings which materially affect MCC.
5.
Business Cycle. MCC is on a monthly business cycle with a fiscal year of July 1st
through June 30th. The Contractor shall supply financial data according to this
cycle with the accounting period defined as a calendar month.
6.
Financial/Operational Data. The Contractor shall furnish MCC with all requested
daily/weekly reports to verify all customer counts, menu mix, cash sales, card sales
and other pertinent information so requested. MCC may, at any time, make
unannounced audits of the cashiers, especially the retail operations. The audits
will not interfere with peak period retail sales.
7.
Financial Statements Due Date. The Contractor shall provide MCC with a
complete set of monthly financial statements no later than the 15th day following
the last day of each monthly accounting period. The annual financial statements
shall be submitted by August 1st of each year.
8.
Financial Statements Format. Monthly financial statements shall be presented
by point-of-sale/revenue source in the format provided in the same or similar to
those found in the Uniform System of Accounts for Restaurants. The statements
shall show budgeted and actual sales and/or operating results for the current
period, previous period and year-to-date with percentages for each retail outlet.
Cash register tapes by day and by register shall be provided to MCC upon request.
Causes and appropriate documentation of abnormal revenue and expense
deviations shall be noted in writing by the Contractor with the submission of these
statements.
9.
Accounting System. All other monthly financial and operational reports and
supporting data shall also be prepared in accordance with or close to the format
recommended in the Uniform System of Accounts for Restaurants (most recent
edition). These reports shall include, at a minimum, the following:
Retail/Branded Concepts
•
•
•
•
•
A summary of gross sales and sales tax
Customer count by meal period (breakfast, morning break, lunch and
evening)
Average check (sales divided by customer count)
Per capita sales (sales divided by the total number of students and staff on
campus)
Sales mix (sales breakdown by breakfast items, snacks, entrees,
sandwiches, grill items, beverages and desserts)
Catering
•
•
•
Sales
Number of events
Estimated number of customers
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10.
Special Reports. In addition to the above, the Contractor shall provide such
special reports and analysis covering its operations under the contract as may be
requested by MCC.
11.
Quarterly Operating Report Reviews. MCC and the Contractor shall meet no
less than quarterly to review operating statements, explain deviations, discuss
problems and mutually agree on courses of action to improve the results of the
required services included in this contract. Operating statement adjustments
required as a result of review and/or audit shall be identified and reflected in the
next monthly statement.
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MINIMUM REQUIREMENTS
1. Licensed to do business in the State of Missouri (provide copy of Certificate of Good Standing
from Missouri Secretary of State).
2. Must exhibit experience in the field (minimum 5 years).
3. Must submit a completed, signed pricing schedule.
SPECIFIC REQUIREMENTS
1. Must utilize only experienced, responsible and capable personnel in performance of the work.
2. Must perform all work required under this contract in a manner consistent with the highest
industry standards.
3. Must be able to perform the services described in Scope of Services section.
4. Must be able to meet deadline due dates as determined by MCC.
PROPOSAL REQUIREMENTS
Proposal must address the following:
A. Description of Firm
1.
Describe firm and its ability to provide the services requested. Give the name and
qualifications of the manager/supervisor who will be assigned on behalf of any
resultant contract.
2. Submit resumes for key personnel who may be involved with the contract.
3. Give the names, addresses and telephone numbers of at least two (2) companies or
educational institutions for whom you have provided similar services in the last three
(3) years. Please provide references for each component of the Scope of Services
being proposed to MCC.
B. Qualifications
1. Provide a statement outlining the understanding and knowledge of the services
required for an institution of higher learning.
2. Provide examples of work experience that demonstrates thorough knowledge of the
services.
3. Provide a pricing schedule.
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PROPOSAL FORMAT
It is the purpose of this RFP to obtain as much complete data as possible to enable MCC to
determine which offer is best able to serve all the criteria that are to be considered for
the resulting purchase. To this end, each prospective contractor shall furnish, as a part of its
proposal, a complete general description of capabilities in the field of F.
Response proposals to the required information shall be submitted in the following format:
1. Cover letter (not to exceed three pages) including introductory comments, along with key
points of the proposal.
2. Provide contractors background information in the following areas:

Provide background on the contractor’s business and operations including:
 Size and scope of contractor’s business
 Example customers where contractor provides services similar in nature and
scope to those outlined in this request.
 Outline of key partnerships (if any) that will contribute to the performance of the
services
 Contractor’s qualifications and differentiators
 Description of contractor’s technical and service capabilities
 List of all quality certifications
3. Provide disclosures and declarations related to the following areas:


The name, nature of the relationship, and the scope of the activities for any third
party that the contractor is dependent on to provide services defined herein.
Exclude normal purchasing relationships with contractors providing hardware and
software or typical products and services (i.e. maintenance contracts).
Provide a list of all entities with which contractor has relationships that create, or
appear to create, a conflict of interest with the work that is contemplated in this
request. The list should indicate the name of the entity, the relationship, and a
description of the conflict.
4. A statement of who can represent and bind the contractor to an agreement, including the
name, title, full address, telephone number and facsimile number of the designated person.
5. Provide a Scope of Services with a full description of what contractor feels would be required to
complete the services to include:



identification of personnel who will be designated to work with MCC, including
experience, qualifications and credentials of those personnel;
complete Staffing Chart for each location included on page 36; and
an organizational chart showing assigned responsibilities and chain of command.
6. All costs associated with providing the services described, including travel expenses, if
applicable, third party contractor costs (i.e. printing, media placement), and annual consulting
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fees. Provide a prosed fee schedule in billable hour format for all personnel proposed for the
plan year, along with a maximum number of hours that is not to be exceeded for the year.
7. A minimum of three (3) client references, preferably multi-campus higher education
institutions, which shall include name of organization, contact person and telephone number.
References provided should be able to speak to proposed key team members’ knowledge,
quality of work, timeliness and ability to meet budget constraints.
EVALUATION CRITERIA
1. General quality and responsiveness:
 Understanding of the requirements of the RFP as evidenced by the proposal and
the ability of the provider to deliver the required services.
 The scope of the services offered and the extent to which they meet or exceed
2. Submission of information in the following areas:
 Qualifications of the firm and key personnel
 Firm’s responsiveness to proposal requirements as listed.

References - level of satisfaction of present and former customers with accounts
of similar size and complexity.
3. Estimated cost as compared to other proposals.
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PROPOSAL FORM
Please submit a signed proposal including the following statement and information.
By signing below, I am certifying that I am submitting this proposal as an authorized
representative of the below-named contractor, have thoroughly reviewed and understand the
terms and conditions of the RFP, and am submitting the proposal accordingly.
Dated this
day of
, ____.
(Authorized Representative Signature)
(Authorized Representative Name/Title)
(Company Name)
(Address)
(City, State, Zip)
(Phone Number/Fax Number)
(Email Address)
THIS MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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Hourly
Benefit
Cost
Please duplicate and label this template for each venue you propose over those for which a form is provided. Present in an electronic Excel
document with the summary sheet included in the same file and print copy in the hard proposal copy. For full time salaried person use 2080 hours
to get the hourly rate.
STAFFING FTE'S, WAGES AND BENEFITS
STAFFING FTE'S, WAGES AND BENEFITS
Hours Per Day
Hourly
Wage
Total Wages, Salaries & Benefits
Hours Per
Week
-
Average Compensation Package
Sat
-
-
Fri
-
-
Thurs
-
-
Wed
-
-
Tue
-
-
Mon
-
-
Sun
-
-
Job by Title/Position
Total Staff Hours
-
#DIV/0!
Annual
Days Per Wages
Year
and
Benefits
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Total FTEs based on
a 40 hours week
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36
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PART II
CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample)
GENERAL TERMS AND CONDITIONS
1.
Contract Documents. This RFP, including these General Terms and Conditions,
Contractor’s response proposal, including without limitation any completed forms required by
Contractor under the RFP, and MCC’s Notice of Award letter shall form a binding agreement and
shall be made a part of any Agreement (“Agreement” or “Contract”) executed between MCC and
the selected Contractor regarding the subject matter herein.
2.
Governing Law. Any Contract issued as a result of this RFP shall be constructed
in accordance with the laws of the state of Missouri.
3.
Sovereign Immunity. MCC, due to its status as a political subdivision of the state
of Missouri and its entitlement to sovereign immunity, is unable to accept contract provisions that
require the indemnification of others. Any indemnity language in proposed terms and conditions
will be modified to conform to language acceptable to MCC.
4.
Rules and Regulations. Contractor covenants and agrees that Contractor shall
observe all MCC policies and procedures, as well as all rules, regulations, and security
requirements concerning the safety of persons and property.
5.
Non-Discrimination. MCC is an equal opportunity/affirmative action employer. If
applicable, Contractor, in performing the work required by the Agreement, agrees to comply with
the applicable provision of Executive Order 11246 issued by the President of the United States,
September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment
Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with
the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR §
60-250. Contractor agrees not to discriminate against any employee or applicant for employment
because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national
origin, veteran status or any other status protected by applicable law. This Contractor and
subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR §
60-741.5(a). These regulations prohibit discrimination against qualified protected veterans
and qualified individuals on the basis of disability and require affirmative action by
covered prime contractors and subcontractors to employ and advance in employment
qualified protected veterans and individuals with disabilities.
6.
Independent Contractor. The Contractor represents and warrants that it is now
and shall remain a separate and independent entity from MCC.
7.
Compliance with Laws. Contractor represents and warrants that Contractor shall
observe, perform, and comply with all federal, state, and local laws, ordinances, rules, regulations,
and all amendments thereto which in any manner may affect the operations and activities
undertaken by Contractor pursuant to the Agreement.
8.
Employee Eligibility Verification. If a contract will exceed $5,000, Contractor
shall execute and submit an affidavit, in a form prescribed by MCC and included in this RFP,
affirming that Contractor does not knowingly employ any person in connection with the contracted
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services who does not have the legal right or authorization under federal law to work in the United
States as defined in 8 U.S.C. §1324a(h)(3). Contractor shall attach to the affidavit documentation
sufficient to establish Contractor’s enrollment and participation in an electronic verification of work
program operated by the United States Department of Homeland Security to verify information of
newly hired employees, under the Immigration and Reform and Control Act of 1986. Contractor
may
obtain
additional
information
about
E-Verify
and
enroll
at
https://everify.uscis.gov/enroll/StartPage.aspx?JS=YES.
9.
No Debarment. Contractor represents that it is not debarred or suspended from
doing business with the federal government and/or any state government, and shall notify MCC
if it becomes debarred or suspended during the Term of the Agreement.
10.
Immigration Law Compliance. Contractor certifies and agrees that:
10.1. Contractor does not knowingly or intentionally employ individuals who are
ineligible to work in the United States in violation of any federal or applicable state or local
laws;
10.2. Any Contractor employee assigned to perform services under this
Agreement has satisfied federal I-9 requirements and, to the best of Contractor's
knowledge is lawfully present in the United States;
10.3. Contractor does not have any knowledge that any Contractor employee
assigned to perform services under this Agreement is ineligible to work in the United
States;
10.4. Contractor is enrolled in and participates in a federal work authorization
program as required by Missouri law, RSMo 295.525 and .530;
10.5. Contractor will immediately notify Owner of any investigation or legal
proceeding involving the federal or state government or of any requests by the U.S.
Immigration and Customs Enforcement to inspect Contractor's I-9 or other employment
records;
10.6. Contractor agrees to indemnify Owner for any fines, legal fees, or other
costs incurred because of investigations into the status of Contractor's employees or
whether Contractor's employees are authorized to work in the United States; and
10.7. Contractor agrees to complete and return with Contractor’s RFP response
proposal a Federal Work Authorization Program (“E-Verify”), and Affidavit.
11.
Appropriations. MCC is a political subdivision of the state of Missouri and as
such cannot create indebtedness in any one year above what it can pay out of the annual income
of said year. Should MCC determine it has not received adequate appropriations budget
allocations income to enable it to meet the terms of this Contract, MCC reserves the right to cancel
this Contract with a 30 days’ notice. Multi-year term and supply contracts and leases and the
exercise of options to renew are subject to annual appropriations.
12.
Disclosure of Proprietary / Confidential Information.
12.1. Proprietary / Confidential Information. A contractor may restrict the
disclosure of software codes, records relating to the configuration of computer
components and/or the operation thereof, and intellectual property in which it has a
proprietary interest but only if such information is defined as a "closed" record under
Missouri law, including, but not limited to, one or more subsections of Section 610-021,
RSMo. In order for any such information or record to be closed, each page of each such
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document must include in at least sixteen (16) point bold font the words “Proprietary
Information.” After either a contract is executed pursuant to the RFP or all proposals are
rejected, if access to documents so marked is requested under the Missouri Sunshine
Law, MCC will notify the Contractor(s) of the request, and it shall be the burden of each
Contractor to establish that the Contractor's documents are exempt from disclosure by law
as aforesaid. If the Contractor shall not cooperate with MCC after notice as provided
herein, MCC may, in its sole discretion, disclose the Contractor's
documents/records/information to the requester without liability to the Contractor for any
such disclosure under any theory of common or statutory law. Notwithstanding the
foregoing, in response to a formal request for information, MCC reserves the right to
release any documents, records and/or information which MCC determines is a public
record subject to disclosure pursuant to the Missouri Sunshine Law.
12.2. Exceptions to Confidentiality Obligations. Notwithstanding the
foregoing, each party's obligations of confidentiality will not include information which at
the time of disclosure was in the public domain other than by Contractor’s or MCC’s
breach of this Agreement; or which, after such disclosure, immediately becomes
generally available to the public other than through any act or omission of the Contractor
or its employees, representatives, agents, subcontractors, or contractors; is rightfully
furnished to Contractor or MCC without restriction as to use or disclosure by a third party
authorized to make such disclosure; or is information that was independently developed
by Contractor or MCC without reference to Confidential Information; or which is required
to be disclosed by a court of competent jurisdiction, provided that prior written notice of
such disclosure is furnished to MCC in a timely manner in order to afford MCC the
opportunity to seek a protective order against such disclosure and the disclosure is strictly
limited to the information that the court requires.
12.3. Remedies for Disclosure. The Contractor understands and agrees that
any unauthorized disclosure or use of any confidential information as provided under this
section may result in MCC seeking injunctive relief. The Contractor agrees to give prompt
notice to MCC of any unauthorized disclosure, use, or misappropriation of any
confidential information and take all steps as requested by MCC to limit, stop, or otherwise
remedy the disclosure, use, or misappropriation of any confidential information. All steps
taken by the Contractor hereunder relating to remedy shall be at its sole expense.
12.4. Return of Confidential Information. After expiration or termination of this
Agreement, the Contractor must return all confidential information given to or
generated by it hereunder within five (5) days of written request. The Contractor agrees
that it will comply with the instructions MCC regarding the return or disposition of the
confidential information, including any copies or reproductions.
13.
Warranty. The Contractor expressly warrants that all equipment, products,
materials, supplies and/or services provided shall: a) based on a manner consistent with the
highest degree of care, diligence, and skill; b) conform to each and every specification, drawing,
sample or other description furnished to or adopted by MCC; c) be fit and sufficient for the purpose
expressed in the RFP; d) be merchantable; e) be of good materials and workmanship; and f) be
free from defect for a period of one year after acceptance of each project. If software is applicable
to RFP specifications, Contractor represents and warrants that, upon delivery and installation of
the Software and for the duration of the Agreement, the Software shall conform in all material
respects to the applicable Specifications. Contractor represents and warrants that the
Documentation furnished by Contractor to MCC will include complete, accurate and current
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descriptions of the Software’s functionality, features, terminology and operation as well as
formats, tables and dictionaries for data and files necessary for the Software’s operation, and
training as provided for herein. Contractor represents and warrants that it has full power and
authority to grant the rights granted to MCC with respect to the Products without the consent of
any third party or such consent has been obtained and that the Products furnished hereunder will
not infringe or violate any copyright, trade secret, trademark, patent or other intellectual property
rights of any third party; and there is no litigation pending against Licensor or its licensors which
would limit, restrict or prevent MCC’s use of the Products. Contractor’s obligation and liability, and
MCC’s remedy, with respect to any breach of the foregoing warranty shall be for Contractor to
provide at no charge to MCC the services required to make the Software operate as warranted;
however, if in Contractor’s reasonable judgment, repair or replacement is not possible or
practicable, Contractor shall refund to MCC the total amount of fees paid for the Software and
related Professional Services under the Agreement.
14.
Inventions, Patents, and Copyrights. The Contractor shall pay for all royalties,
license fees, patent or invention rights, or copyrights and defend all suits or claims for
infringements of any patent or invention rights, or copyrights involved in the items furnished
hereunder. The Contractor shall defend, protect, and hold harmless MCC, its officers, agents,
servants, and employees against all suits of law or in equity resulting from patent and or copyright
infringement concerning the contractor’s performance or products produced under the terms of
the contract. Copyrights for any item developed for MCC shall be the property of MCC and inure
to its benefit and the Contractor shall execute such documents as MCC may require for the
perfection thereof.
Indemnification. Contractor shall indemnify, defend, and hold MCC, MCC’s
trustees, officers, employees, agents, and representatives harmless against any and all claims,
demands, suits, costs, judgments, or other forms of liability, actual or claimed, including
reasonable attorneys’ fees, for injury or damage to persons or loss or damage to property
occurring or allegedly occurring in connection with any action, inaction, or conduct committed by
Contractor or by Contractor’s officers, directors, employees, students, volunteers, agents, or
representatives during the term of this Agreement.
15.
16.
No Waiver. The foregoing provision shall not be deemed a relinquishment or
waiver of any kind of applicable limitations of liability provided or available to MCC under
applicable Missouri governmental immunities law.
17.
Sole Property of MCC. All work performed during the duration of a contract will
be deemed to be the sole property of MCC and the contractor will have no rights in such work
unless MCC has provided contractor with expressed written rights. Upon request, contractor will
relinquish all types and forms of works created under the performance of the contract.
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Minority and Women Business Enterprise Participation
It is the practice of Metropolitan Community College (MCC) to ensure full and equitable economic
opportunities to persons and businesses that compete for business with the College, including
Minority and Women Business Enterprises (M/WBEs).
MCC encourages M/WBE participation in contracts for goods and services by firms that are
certified. MCC accepts certifications provided by those entities identified on the page in this
document titled “Certifying M/WBE Agencies”. This may either be by the primary contractor being
a certified M/WBE or by the utilization of qualified subcontractors, contractors, joint ventures or
other arrangements that afford meaningful opportunities for M/WBE participation. Work
performed by M/WBEs must provide a commercially useful function related to the delivery of the
service/product required herein. Second tier participation where contractors generally provide
supplies to a corporation but that are not directly related to this contract does not qualify as
meaningful participation. MCC will consider certifications from agencies not located in Missouri
for M/WBEs not located in Missouri with the approval of the Purchasing Manager.
M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation
in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women
and the management and daily business operations of which are controlled by one or more
minorities or women who own it. Minority is defined as belonging to one of the following racial
minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans,
American Indians, Eskimos, Aleuts and other groups that may be recognized by the Office of
Advocacy, United States Small Business Administration.
Contractors must indicate their MBE and WBE participation levels committed to this project on
the “M/WBE Participation Form” included in this document. The names and percent participation
of each MBE and WBE should also be provided on this form.
The contractor shall provide annual reports (or more frequently if requested) of the financial
participation of M/WBEs. The report shall include the name(s) and address(es) of the certified
M/WBEs, products or services provided and the total dollar amount or percentage of
utilization. The annual report shall also include, separately, all second tier participation the
contractor may have.
MCC will monitor the contractor’s compliance in meeting the M/WBE participation levels
committed to in the awarded proposal. If the contractor's payments to participating M/WBEs are
less than the amount committed to in the contract, MCC may cancel the contract or suspend or
debar the contractor from participating in future contracts.
If a participating M/WBE fails to retain their certification or is unable to satisfactorily perform, the
contractor must obtain other certified M/WBEs to fulfill the M/WBE participation requirements
committed to in the awarded proposal. The contractor must obtain the written approval of the
Purchasing Manager for any new M/WBE participants.
This approval shall not be arbitrarily withheld. If the contractor cannot obtain an M/WBE
replacement, the contractor must submit documentation to the Purchasing Manager detailing all
efforts made to secure an M/WBE replacement. The Purchasing Manager shall have sole
discretion in determining if the actions taken by the contractor constitute a good faith effort to
secure the participation of M/WBEs and whether the contract will be amended to change the
M/WBE participation commitment.
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MBE/WBE PARTICIPATION FORM
If proposing MBE/WBE participation, the contractor must indicate below the percentage of
qualified MBE and WBE participation committed to in relation to the total dollar value of the
contract regardless of whether the contractor is awarded one, some or all of the categories
being proposed. Overall, the MBE and WBE participation must not be contingent upon award
of a specific category and the contractor, if awarded a contract, must be able to achieve
the stated participation for the resulting contract regardless of the categories awarded or not
awarded. The contractor must be able to achieve participation stated below for the total
value of the awarded contract(s). If the contractor is a qualified MBE and/or WBE, the
contractor may indicate 100% participation.
The contractor is committed to the following MBE and WBE participation on this RFP:
Total MBE Participation
% Total WBE Participation
%
Complete the following table indicating the firms used to meet the participation levels indicated.
MBE Firm Name
MBE % of
Contract
WBE Firm Name
WBE % of
Contract
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
For Contracts with The Junior College District of Metropolitan Kansas City, Missouri aka
Metropolitan Community College, a public community college district and political subdivision of
the State of Missouri (“MCC”). Pursuant to Missouri Revised Statute 285.530, all business entities
awarded any contract in excess of five thousand dollars ($5,000) with a Missouri political
subdivision must, as a condition to the award of any such contract, be enrolled and participate in
a federal work authorization program with respect to the employees working in connection with
the contracted services being provided, or to be provided, to MCC (to the extent allowed by EVerify). In addition, the business entity must affirm the same through sworn affidavit and provision
of documentation. In addition, the business entity must sign an affidavit that it does not knowingly
employ any person who is an unauthorized alien in in connection with the services being provided,
or to be provided, to MCC.
Accordingly, your company:
(a)
Agrees to have an authorized person execute the attached “Federal Work Authorization
Program Affidavit” and deliver the same to MCC prior to or contemporaneously with the execution
of its contract with MCC;
(b)
Affirms it is enrolled in the “E-Verify” work authorization program in the United States, and
is participating in E-Verify with respect to your employees working in connection with the services
being provided (to the extent allowed by E-Verify), or to be provided;
(c)
Affirms that it is not knowingly employing any person who is an unauthorized alien in
connection with the services being provided, or to be provided, by your company to the district.
(d)
Affirms you will notify MCC if you cease participation in E-Verify, or if there is any action,
claim or complaint made against you alleging any violation of Missouri Revised Statue 285.530,
or any regulations issued thereto;
(e)
Agrees to provide documentation of your participation in E-Verify to MCC prior to or
contemporaneously with the execution of its contract with MCC (or at any time thereafter upon
request by MCC), by providing to MCC an E-Verify screen print out (or equivalent documentation)
confirming your participation in E-Verify;
(f)
Agrees to comply with any state or federal regulations or rules that may be issued
subsequent to this addendum that relate to Missouri Revised Statute 285.530; and
(g)
Agrees that any failure by your company to abide by the requirements a) through f) above
will be considered a material breach of your contract with MCC.
By:
(Signature)
Name and Title:
For and on behalf of:
(Company)
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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FEDERAL WORK AUTORIZATION PROGRAM AFFIDAVIT
I, ___________________, being of legal age and having been duly sworn upon my oath,
state the following facts are true:
1.
I am more than twenty-one years of age; and have first-hand knowledge of the
matters set forth herein.
2.
I am employed by _______________________________ (“Company”) and have
authority to issue this affidavit on its behalf.
3.
Company is enrolled in and participating in the United States E-Verify federal work
authorization program with respect to Company’s employees working in connection with the
services Company is providing to, or will provide to MCC, to the extent allowed by E-Verify.
4.
Company does not knowingly employ any person who is an unauthorized alien in
connection with the services Company is providing to, or will provide to, the MCC.
FURTHER AFFIANT SAYETH NOT.
By:
(Signature)
Name/Title:
On Behalf of:
(Company)
STATE OF ___________)
) ss.
COUNTY OF __________)
Submitted and sworn to before me this ____ day of _______, 201___.
__________________________________
Notary Public
__________________________________
Print Notary Name
My commission expires:
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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STANDARD CONTRACT (sample)
(For reference only. To be completed by Metropolitan Community College.)
Food Services and Vending Agreement
This Food Services and Vending Agreement (Agreement) is made by and between the
Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan Community College
(MCC), a public community college district and political subdivision of the State of Missouri, whose
principal office is located at 3200 Broadway, Kansas City, Missouri 64111, and Contractor Name
(Contractor), whose principal office is located at Contractor's address .
MCC desires to engage Contractor to provide dining, catering, and automated food
services (Services), and Contractor represents and warrants to MCC that Contractor has
demonstrated a high degree of experience, training, and proficiency in Contractor’s conduct of
various prior and similar works, has the requisite expertise and resources, and is technically and
professionally capable of performing the obligations under this Agreement. In consideration of
the foregoing and the mutual agreements contained in this Agreement, the parties agree as
follows:
1.
Scope of Services. Contractor agrees to provide the services as specified in
MCC’s Request For Proposal #16-7129-C3R2 Food Service Management (RFP), Contractor’s
Response to the RFP (Response), collectively incorporated herein by reference, as further
detailed in Exhibit A – Scope of Services (Exhibit A), attached hereto and incorporated herein, ad
as detailed below.
1.1.
Contractor shall provide services all services that are reasonably inferable
in providing the comprehensive objective hereunder shall be included and performed as if
they were detailed hereunder, including without limitation:
Longview Cafeteria – MCC-Longview Campus, 500 SW Longview Road, Lee's
Summit, MO, 64081-2105
Cafeteria services shall include (i) traditional entrees, fast food/grill choices and
soup/salad/sandwiches for approximately 400 seats in the multi-functional dining
area, and bottled drinks, snacks and catering for on-campus events. During
academic periods, cafeteria days and hours of operation are as follows:
Monday - Thursday - 7:30 AM - 1:30 PM
Friday - 7:30 AM - 1:00 PM
Saturday and Sunday - Closed
Maple Woods Cafeteria – MCC-Maple Woods Campus, 2601 NE Barry Road,
Kansas City, Missouri 64156-1299
Cafeteria services shall include (i) traditional entrees, fast food/grill choices and
soup/salad/sandwiches for approximately 200 seats in the multi-functional dining
area, and bottled drinks, snacks and catering for on-campus events. During
academic periods, cafeteria days and hours of operation are as follows:
Monday - Friday - 7:30 AM - 2:00 PM
Saturday and Sunday – Closed
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Penn Valley Cafeteria – MCC-Penn Valley Campus, 3201 Southwest Trafficway,
Kansas City, Missouri 64111-2764
Cafeteria services shall include (i) traditional entrees, fast food/grill choices and
soup/salad/sandwiches for approximately 400 seats in the multi-functional dining
area, and bottled drinks, snacks and catering for on-campus events. During
academic periods, cafeteria days and hours of operation are as follows:
Monday - Thursday - 7:30 AM - 7:30 PM
Friday 7:00 AM - 2:00 PM
Saturday and Sunday - Closed
Blue River Cafeteria – MCC-Blue River Campus, 20301 East 78 Highway,
Independence, Missouri 64057-2052
Cafeteria services shall include (i) traditional entrees, fast food/grill choices and
soup/salad/sandwiches for approximately 160 seats in the multi-functional dining
area, and bottled drinks, snacks and catering for on-campus events. During
academic periods, cafeteria days and hours of operation are as follows:
Monday - Thursday - 7:30 AM - 2:00PM
Friday - 7:30 AM - 1:30 PM
Saturday and Sunday- Closed
1.2.
Promotions. The Contractor shall schedule a week-long grand opening
with prizes and give-a-ways and discounted meals, beverages, and free tastings will be
promoted. Through a commitment by the Contractor, the grand prize shall be thirty (30)
individual one hundred dollars ($100) vouchers and six (6) at each campus will be awarded
towards payment of credit hours. Thereafter, each restaurant will have a minimum of two
(2) monthly promotions with drawing give-a-ways.
1.3.
Service Areas. All designated foodservice areas and operations shall be
under the overall control of MCC. Notwithstanding the aforementioned, the Contractor
shall be subject to the direction of MCC only as to the type of services to be rendered and
not as to the means and details for accomplishing the result, such end result to be
consistent with MCC’s intent. Day-to-day management and supervision of the designated
foodservice areas shall be under the management and supervision of the Contractor.
Multi-purpose areas, such as dining rooms, public hall/entry ways, and public plazas in or
immediately adjacent to the foodservice facilities shall remain under the control of each
campus’ administration. Scheduling of these areas shall be the responsibility of each
campus which shall coordinate such uses in advance with the Contractor.
1.4.
Day-to-Day Operations. The day-to-day administration of the foodservice
Agreement on each campus will be the responsibility of an appointed campus
representative in coordination with the Director of Auxiliary Services. The campus
representative for each campus will act as the local liaison and will participate or have
responsibility for the performance and evaluation procedures for MCC’s foodservice.
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1.5.
Licenses and Permits. Contractor, at its own cost, shall procure and keep
current all permits and licenses, pay promptly all charges and fees, and give all notices
necessary and incidental to the due and lawful operation of foodservice within MCC/on
each campus.
1.6.
Catering. Contractor shall provide food service for student affairs and
other events as requested by MCC.
1.6.1.
Scope. The Contractor shall provide a catering program for MCCapproved functions, such as receptions, banquets, private parties, refreshment
service, carry-out service, and other special events. The catering program shall
reflect the diverse needs of students, faculty, administrators, staff, and visitors in
its service menu. Existing policies that determine the scope of MCC-sponsored
functions shall determine the catered events included in the terms of the
Agreement. Catered functions for these groups shall be of the highest professional
standards featuring quality service and appropriate ambiance. MCC will make
every effort to direct as much catering business as possible to the Contractor. This
effort assumes the Contractor’s willingness to promote and price all catering
events paid for by MCC at “cost plus ____%.”
1.6.2.
Non-Exclusive. The Contractor understands and agrees that the
catering arrangement hereunder shall be non-exclusive and MCC reserves the
right to use other caterers as it deems appropriate. The Contractor also
understands and agrees that its name will be provided to non-MCC groups that
utilize its facilities, but MCC provides no guarantees that such groups will select
the Contractor as its caterer.
1.6.3.
Minimum Standards. Catered service procedures, operational
requirements, and menus shall be comparable to, or at least as good as, those
currently in effect. The Contractor shall provide three (3) levels of service for
catering: a) table linen; b) paper and disposable; and c) pick-up and carry out. A
complete catering guide to menus, prices, portions servings, catering policies,
minimums, additional charges, etc. shall have been submitted to MCC for approval
prior to the start of services.
1.6.4.
Prior Catering Commitments. The Contractor shall honor the
specific commitments of menus, prices, and other arrangements made by MCC
management for catering service prior to beginning this Agreement. MCC will
provide a list of these aforementioned catering commitments.
1.6.5.
Semi-Annually Review. The Contractor shall meet at least semiannually with MCC to evaluate the catering program and, as necessary, make
revisions to improve overall service.
1.6.6.
Non-MCC Groups. Catering provided to non-MCC groups that
come to a campus for meetings, conferences, and events will be billed by the
Contractor and collection for such events is the sole responsibility of the
Contractor, unless some other campus entity is acting as the organizing and
sponsoring representative for that group.
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1.6.7.
Catering Guides. Catering brochures, guides, and prices are to
reviewed and updated at least annually. Copies of the catering guide shall be
printed in sufficient number and distributed by August 1st of each year. The
Contractor shall be responsible for cost, production, and distribution.
1.6.8.
Space Commitments. MCC shall control the space commitment
and scheduling of authorized catered events. The Contractor shall consult on and
coordinate the menu, details of services required, and advise on effective program
arrangements with the individual or department requesting catering service.
1.6.9.
Staffing. The Contractor shall provide a sufficient number of
qualified and trained staff to service the events, take and process catering orders,
respond to inquiries, and handle all aspects of a quality catering program.
1.6.10.
Management. The Contractor shall identify a minimum of one (1)
member of its management team, who has training for this type of service, to act
as a catering coordinator responsible for all aspects of catered events. This
individual’s other duties shall not conflict with these responsibilities.
1.6.11.
Cash and Ticket Collection. The Contractor shall be responsible
for receiving and accurately accounting for admission charges or collection of
tickets for catered events where specified by the event sponsor or host.
1.6.12.
Catering and Meeting Room Set Up and Cleaning. MCC, in
coordination with the Contractor, will assume operational and financial
responsibility for setting up and tearing down each scheduled event. The
Contractor will, however, be responsible for spot cleaning prior to and between
events.
1.6.13.
Equipment Removal/Clean-Up. All catering equipment and
supplies must be removed from the catered service site and all clean-up activities
completed immediately following the event.
1.7.
Vending. Contractor shall provide vending for the above-referenced four
(4) MCC campuses, and the MCC-Business & Technology Campus, the MCC-Penn Valley
Health Science Institute, and the MCC Administrative Center. Vending services shall be
managed by MCC’s Director of Auxiliary Services and Business Relations with
coordination by each campus location representatives and Facility Services.
1.7.1.
Exclusive Right. The Contractor will be granted the exclusive right
and license to provide food, beverage, select sundry items, and related services
through vending machines located at all MCC campuses.
1.7.2.
Services. Services to be provided include food, snacks, beverages,
select sundry items, and change machines in appropriate locations. In addition,
all vending machines in locations where there is usually a high concentration of
campus community members shall offer on-line card readers in accordance with
the specifications included herein.
1.7.3.
Changes. MCC retains and reserves the right to change policies
and renovate facilities throughout the life of the Agreement and with such changes,
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the location and number of vending machines may increase or decrease and such
increase or decrease shall not be considered a default of this Agreement.
1.8.
Products and Product Prices.
1.8.1.
Prohibited Products. Under no circumstances, may the following
products be sold: liquor, cigarette, cigar, or related tobacco products.
1.8.2.
Product Approval. It is expressly understood and agreed that
MCC has the exclusive right to approve all items to be sold and determine if and
when such items are unsuitable. The Contractor shall immediately discontinue the
sale of any such item upon written request by MCC.
1.8.3.
Special Programs. The Contractor shall utilize vending
opportunities to enhance the entire retail and cash operation by providing “value
added” and “cross bounce” programs designed to maximize volume and revenue.
1.8.4.
Special Requests. MCC reserves the right to have the Contractor
comply with special requests to stock certain items at specific locations on the
campus.
1.8.5.
Prices. The selling price of all vending merchandise shall be no
higher than the average vending price charged in the greater Kansas City area
and no less than what is proposed or is currently being charged at MCC. In
addition, all vending prices shall take into account the prices charged on campus
and in the local area.
1.9.
Meetings. Contractor will facilitate monthly walk-through meetings at each
campus with MCC’s designated representatives.
2.
Location. Services shall be provided by Contractor at the following locations:
MCC-Blue River Campus
20301 E 78 Highway
Independence, MO 64057
MCC-Business & Technology Campus
1775 Universal Avenue
Kansas City, MO 64120
MCC-Longview Campus
500 SW Longview Road
Lee’s Summit, MO 64081
MCC-Maple Woods Campus
2601 NE Barry Road
Kansas City, MO 64156
MCC-Penn Valley Campus
3201 Southwest Trafficway
Kansas City, MO 64111
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MCC-Penn Valley Campus
Health Sciences Institute
3444 Broadway
Kansas City, MO 64111
MCC Administrative Center
3200 Broadway
Kansas City, MO 64111
3.
Term and Termination.
3.1.
Term. The term of this Agreement be from July 1, 2016, through June 30,
2019, unless terminated earlier in accordance with the terms and conditions set forth
herein. The term may be extended upon the sole discretion of MCC for two additional 1year terms. Contractor shall give MCC ninety (90) days’ prior notice of its intent not to
renew.
3.2.
Termination. Termination for Convenience. MCC reserves the right to
terminate the Agreement without cause by giving the Contractor written notice of the intent
to terminate at least ninety (90) days before the termination date set out in the notice. Elite
reserves the right to terminate the Agreement without cause by giving MCC written notice
of the intent to terminate at least one hundred eighty (180) days before the termination
date set out in the notice
3.3.
Termination for Cause. Either party reserves the right to terminate the
Agreement immediately if the other party fails to comply with any terms or conditions of
the Agreement and such failure continues for twenty (20) days following receipt of written
notice from the objecting party.
4.
Minors. Each party acknowledges that the services may include activities
involving minors. Each party agrees to inform the other party if they have any knowledge of any
injuries, or suspected abuse or neglect of any Participant, and to report the same to the
appropriate authorities pursuant to state law.
5.
Equipment and Facilities. The Contractor shall be responsible for assuring MCC
that its employees, agents, or designees are properly using and caring for the equipment and
facilities assigned to it in the performance of its daily duties. In the event that the Contractor’s
negligence results in diminished or no performance, MCC shall, at its option, require the
Contractor to make and/or pay for the necessary repairs or replacements without charging such
costs against MCC’s account.
5.1.
Initial Expendables Inventory. MCC shall provide the initial inventory of
expendable and non-expendable supplies and equipment, such as china, glassware,
flatware, trays, and kitchen utensils. Thereafter, the Contractor shall be responsible for
purchasing and maintaining all such small wares in good working order. All small wares
and expendable equipment and supplies purchased thereafter shall be the responsibility
of the Contractor, but will remain with MCC upon Agreement termination. Specifications
for replacement of inventory of equipment, china, flatware, and glassware by the
Contractor shall require MCC's review and approval.
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5.2.
Capital Equipment. MCC shall be responsible for providing and
maintaining the existing capital equipment and replacing said equipment that is worn
beyond repair and/or obsolete, as well as purchasing additional capital equipment deemed
necessary and approved by the respective campus or MCC. In the event that the
Contractor’s negligence results in diminished or no performance, MCC shall, at its option,
require the Contractor to make and/or pay for the necessary repairs or replacements
without charging such costs against MCC’s account.
5.3.
Inventory. MCC and Contractor representatives shall have jointly
inspected and assessed the condition and relative useful life of all capital and expendable
equipment included within said inventory. At MCC's discretion, such inventories will be
conducted no less than annually throughout the life of the Agreement.
5.4.
Office Space and Furniture. By mutual agreement, MCC will provide
existing office space at no charge to the Contractor. The Contractor shall be responsible
for maintenance of such space in good condition and repair. Any office furniture not
included on the capital inventory shall be furnished by the Contractor at its own expense.
5.5.
No Implied or Express Warranties. With respect to the equipment
provided by MCC, neither MCC nor the individual campus makes any implied or express
warranties, including, but not limited to, the implied warranties of merchantability and
fitness for a particular purpose. However, the Contractor shall have the benefit of any
warranty or guarantee given MCC by the manufacturer or the seller of the equipment.
5.6.
Agreement Termination Inventory. On termination or expiration of the
Agreement, MCC and the Contractor shall conduct a physical inventory of all nonexpendable supplies and capital equipment. At that time, the Contractor shall surrender
the facilities and non-expendable supplies and equipment to MCC in as good condition as
at the start of the Agreement, ordinary wear and tear and loss or damaged by fire, flood,
and other perils covered by extended coverage insurance excepted. The inventory must
be equal to the original inventory, plus any additional, not replacement, equipment
provided during the life of the Agreement. The undepreciated value of additional capital
equipment as purchased by the Contractor at the time of the transition or within the life of
the Agreement will be purchased by the succeeding contractor or by MCC in the event
MCC should decide to reinstate self-operation. Depreciation will be a straight-line method
over five (5) years.
5.7.
Office Equipment. The Contractor, at its cost, shall provide any office
machines necessary for the management of MCC’s foodservice program including
computers, printers, facsimile machines, copy machines, typewriters, calculators, and
similar items. The Contractor must coordinate all computer purchases with MCC’s
Network and User Services Department. All computers, printers, peripherals,
communications, or other networked equipment are subject to MCC’s approval.
Installation, configuration, and support of the equipment must be done by MCC’s IT
personnel. The Contractor warrants that software applications it provides for the purpose
of performing services related to processing payments, particularly credit card payments,
are developed in accordance with and are in compliance with best practices. As
verification of this, the Contractor agrees to provide evidence that any such application it
provides is certified as complying and agrees to maintain that certification as may be
required from time to time.
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5.8.
Transport Equipment. If there are food and beverage items that must be
transported by motor vehicle, the Contractor shall be responsible for providing: a) vehicles
suitable to the purpose; b) adequate and qualified staff to operate the vehicles; and c)
appropriate insurance to cover the activities. The Contractor shall indemnify MCC for
damages or injuries caused by the negligent operation of the vehicle by the Contractor's
employees or agents in accordance with the indemnification provisions provided
hereunder.
5.9.
Contractor-Purchased Equipment. The Contractor shall provide, at its
own cost and expense, any other capital or small wares related equipment not provided
by MCC that the Contractor deems necessary to implement its concept. The installation
of Contractor-owned equipment shall require the prior written approval of MCC.
5.10. Contractor and Vendor Maintenance. The Contractor’s representatives,
who normally provide checks and reports as part of their equipment or product service,
shall be encouraged to make frequent inspections. A copy of all inspection reports shall
be furnished by the Contractor to MCC immediately upon receipt. The Contractor shall be
responsible for implementation of corrective measures within three (3) working days. A
record of such action must be included with the inspection reports.
5.11. Trade Fixtures, Machinery, and Equipment. MCC agrees that those
trade fixtures, machinery, equipment, furniture, or other personal property which is owned
or leased by the Contractor shall not become the property of MCC no matter how affixed
and may be removed at any time and from time to time during the entire term of the
Agreement. Upon request of Contractor, MCC shall execute and deliver any reasonable
real estate consent or waiver forms submitted by any trade vendors, lessors, chattel
mortgagees, or holders or owners of Contractor's trade fixtures, machinery, equipment,
furniture, or other personal property setting forth the fact that MCC waives, in favor of such
vendors, lessors, chattel mortgages, owners, or holder, any interest therein. MCC shall
further acknowledge that property covered by such consent to waiver forms is the personal
property of the Contractor and is not to become a part of the realty no matter how affixed
to it and that such property may be removed by the vendors, lessors, chattel mortgagees,
owners, or holder at any time upon default by the Contractor in the terms of such chattel
mortgage or other similar documents, free and clear of any claim or lien of MCC. On
removal of the Contractor's property, the Premises shall be returned to MCC in its original
state as determined by MCC’s Director of Management and Auxiliary Services.
5.12.
Vending Equipment, Repair and Maintenance.
5.12.1.
Machines. All vending machines are to be furnished by the
Contractor and must be approved by the Vice Chancellor of Administrative
Services or designee prior to its installation. All equipment in each area shall be
modular in height, uniform in appearance, aligned, and bolted together for the
neatest possible appearance. The equipment shall be equipped with a mechanism
accepting any combination of nickels, dimes, quarters, and one and five dollar bills.
In addition, mutually agreed upon vending equipment will have on-line card
readers installed as specified. All such equipment, installation, software, and
related costs will be the sole responsibility of the Contractor.
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5.12.2.
Approval. All vending machines must: a) have the approval of
Underwriter’s Laboratory, Inc., the National Sanitation Foundation, the National
Automatic Merchandising Association and other relevant code and licensing
authorities; b) be Energy Star Rated, wherever possible, and equipped with
metering devices, unless otherwise approved by MCC; and c) comply with the
regulations of the American Disabilities Act (“ADA”). In areas where more than one
(1) vending machine is located, at least one (1) of the machines must be ADA
compliant.
5.12.3.
Additional Equipment. If requested by a campus representative,
the Contractor shall include a microwave oven in a vending area, but only if the
vending equipment located in said vending area contains products that would
require use of a microwave.
5.12.4.
Requirements. The general requirement for vending machines is
that the machines will be multiple issuing units of recent design and of the style
and size that are best suited to the given location. Generally, machines are to be
of the following types: a) hot beverage units, such as cup, fresh brewed coffee,
chocolate, etc.; b) cold carbonated and noncarbonated beverage cans and/or
bottle dispensers; c) refrigerated milk and fresh fruit juices or punches units; d) ice
cream units; e) frozen food items for microwave rethermalization; and f) and
snacks, chips, pastries, candy units.
5.12.5.
Capital Expenditures. All capital expenditures the Contractor
makes to carry out the relevant terms is a business risk the Contractor shall
assume. MCC will not be obligated to reimburse unamortized capital expenditures
or renew the Agreement if the Contractor is unable to recoup its capital
expenditures during the initial and, if exercised, extended term for any other action
than an exclusive pouring rights contract.
5.12.6.
Product Offerings. MCC reserves the right to require the
Contractor to alter product offerings at each site to accommodate student, faculty,
and staff requests. The Contractor must be willing and able to comply with all such
reasonable requests.
5.12.7.
Machine Locations. MCC shall have the authority to require the
Contractor to change the location of vending machines or to require the Contractor
to increase or reduce the number of machines in use at any given time. The
Contractor shall be prepared to offer an objection or counter-proposal to this
request within forty-eight (48) hours after it is made.
5.12.8.
Cleaning and Servicing. The Contractor shall be responsible for
the frequent cleaning and servicing of all vending equipment and the routine
cleaning of all vending areas, including the removal of empty cardboard cartons to
the designated on-campus recycling receptacles. In all vending areas the
Contractor is expected to conscientiously attend to spills.
5.12.9.
Property. All vending equipment is the property of the Contractor
and the Contractor is solely responsible for providing an acceptable preventive
maintenance and emergency repair program. MCC will not be responsible for the
maintenance or repair of any vending equipment.
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5.12.10. Repairs. Repair service must be given within twenty-four (24) hours
of notice of faulty equipment. If the machine cannot be repaired within this time,
arrangements are to be made with MCC to have the machine removed and
replaced. The Contractor will provide to the Vice Chancellor of Administrative
Services or designee and MCC’s Police Department after-hours telephone
number(s) for all area management representatives authorized to respond to
emergency situations.
5.12.11. Maintenance. Vending machines are to be repainted and
reconditioned as deemed necessary by MCC as part of the regular maintenance
and preventive maintenance program. Area treatment is to be maintained,
repaired, and repainted as necessary for appearance, which shall be solely at the
Contractor’s expense.
5.12.12. Service Calls. The Contractor must provide a two (2) hour
emergency response time on weekdays and a four (4) hour weekend maintenance
and repair program. The Contractor must respond to emergency service calls for
equipment located in MCC designated locations twenty-four (24) hours per day.
The Contractor must maintain a record of service calls that includes the time and
date of the call, action taken, and the time and date repairs were made; these
records must be furnished to MCC upon request.
5.12.13. Notice. A notice providing a unique machine number, tied to a
specific location and product type machine code, a repair service telephone
number, and a procedure for easily obtaining a refund must be affixed to each
vending machine.
5.12.14. Vermin Control.
The Contractor shall be responsible for
maintaining effective vermin control measures in all vending areas. MCC reserves
the express right to charge the cost of any special vermin control services to the
Contractor if such infestation was a direct or indirect result of the Contractor’s
negligence.
6.
Utilities.
6.1.
Connections and Services. MCC shall furnish and maintain the
necessary utility connections and services at the locations designated for the operation of
vending machines. MCC does not guarantee uninterrupted service in providing any utility
and shall not be responsible for any damage to merchandise, vending machines, or other
equipment in case of vandalism, break-in, or burglary or power failure due to tornados,
electrical storms, or other acts beyond the control of MCC. The Contractor agrees that, in
the event of a power or refrigeration failure that might result in damage to perishable
products, no such products shall be vended or sold until the Contractor has verified that
the product is acceptable for human consumption. The Contractor agrees to indemnify
MCC in accordance with the indemnification provisions under the Agreement from any
loss or damage that may arise as a result of the failure of any utility service.
6.2.
Cost Responsibility. MCC shall be responsible, at its cost, for providing
electricity, gas, steam, water, sewer service, and air-conditioning, where applicable, for
each campus foodservice program. However, the Contractor shall pay MCC ____% of all
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restaurant and catering net sales as an offset for all costs of utilities for each location. If,
at any time during the life of this Agreement, MCC should separately meter utilities at one
(1) of more of the cafeterias, MCC reserves the right to pass on the actual cost.
6.3.
Service. MCC cannot guarantee an uninterrupted supply of water, steam,
electricity, gas, heat, or air conditioning. However, MCC shall take reasonable efforts to
effectuate restorations of the service following an interruption. MCC shall not be liable for
any product loss which may result from the interruption or failure of any such utility
services.
6.4.
Energy Conservation. The Contractor shall assume responsibility for
maximum utility and energy conservation. The Contractor shall adopt and enforce a policy
of turning off or down lights, fans, water, ovens, steam equipment, and other energyconsuming items when the foodservice facilities are not in use or when business volume
dictates a reduction in the use of utilities. MCC reserves the right to assess a fine of five
hundred dollars ($500) for each abuse due to the Contractor’s negligence after two (2)
written warnings have been issued within each contract year.
6.5.
Telephone Service. The Contractor shall use MCC’s telephone system
and shall pay all long distance service charges. Multi-button telephones and multiple lines
will be quoted as appropriate.
6.6.
Bankruptcy. Should the Contractor become insolvent, or if a proceeding
in bankruptcy shall be instituted by or against the Contractor, the remaining or unexpired
portion of the Agreement shall, at the election of MCC, be terminated.
7.
Financials.
7.1.
Fees and Commissions.
7.1.1. Fees. The Contractor shall pay MCC ____% of all restaurant profits
earned over ____% throughout the term of the Agreement. The profit amount
shown on the financial statements will be after all costs of operation, including an
administration and overhead allocation of ____% to reimburse the Contractor for
the general and administrative expenses incurred in the operating, food and
beverage, purchasing, human resources, legal, engineering, layout and design,
graphic arts, purchasing, marketing, accounting, and other departments of the
Contractor, as may be necessary to support its operations. In the event of financial
loss, MCC shall not be responsible for the losses; however, such losses will carry
forward from year to year for purposes of this profit sharing The Contractor will
provide MCC a complete set of monthly financial statements no later than the 15th
day following the last day of each monthly accounting period and, if applicable,
issue payment annually to MCC for its ____% share of all said profits.
7.1.2. Utilities. The Contractor shall pay MCC ____% of all restaurant
and catering net sales as an offset for all costs of utilities for each location. Such
payments shall be due and payable to MCC within twenty (20) days of the close of
each month or accounting period. If, at any time during the life of this Agreement,
MCC should separately meter utilities at one (1) of more of the cafeterias, MCC
reserves the right to pass on the actual cost.
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7.1.3. Vending. The Contractor shall pay MCC _____% as commission
on all vending net sales over five hundred thousand dollars ($500,000); net sales
are defined as total vending revenue less sales tax, irrespective of any other
commission provided for in this Agreement.
7.1.4. Catering. The Contractor shall pay MCC ____% as commission
on all off-campus catering, irrespective of any other commission provided for in
this Agreement.
7.1.5. Paper Goods. The Contractor shall pay for all costs associated
with paper goods. While the Contractor agrees it will make every effort to join MCC
in its recycling programs, MCC understands that the Contractor provides no
guarantee regarding successful results.
7.2.
Revenue Collection, Audit Procedures, and Stocking Schedules
7.2.1. Revenue Collection. The Contractor will be required to collect
revenues from the machines a minimum of once per week at a scheduled time
agreed to by MCC and the Contractor. The Contractor will work with MCC to
establish preferred service and collection times that do not conflict with busy traffic
times at each location.
7.2.2. Audit Procedures. The Contractor shall identify and implement
internal audit procedures that address inventory control, collection procedures,
and refund procedures. Reports are to include daily, weekly, and monthly activity
identified by machine, machine type, and location.
7.2.3. Stocking Schedules. The Contractor will work with MCC to
anticipate special changes in machine stocking schedules; such changes will allow
the Contractor to take advantage of specific vending locations throughout the
campus due to events that attract varying audiences.
7.3.
Refunds. The Contractor agrees that refunds due to machine malfunctions
and spoiled and damaged products are to be available at all times from vending route
persons. A bank of no less than fifty dollars ($50) shall be maintained and refreshed no
less than weekly in the cafeterias and/or other MCC designated areas for the purpose of
providing refunds.
7.4.
Billing and Payments.
7.4.1. Retail Operations. The Contractor shall pay MCC, on a monthly or
accounting period basis, the fixed minimum payment or specified percentage of
net sales-gross less sales tax, whichever is greater, from all retail operations.
Sales from each type of retail operation shall be reported both separately and in
combined form for each accounting period.
7.4.2. Contracted Services. The Contractor is to bill MCC or requesting
department for all food, beverage, and service charges contracted for. Billings and
collections for special events, catering, or conferences not sponsored by MCC
shall be made by the Contractor. At the end of each year of the Agreement or on
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expiration of the Agreement, any unpaid accounts that are deemed uncollectible
remain the liability of the Contractor.
7.4.3. Commissions. Commissions shall be paid to MCC on catering
sales in the period they are earned and charged and not on the collection date.
The Contractor agrees to extend credit to MCC for all catering services provided
directly to and requested by MCC and thereafter invoice MCC for such costs. MCC
agrees to pay all invoices within thirty days of receipt of an accurate invoice. The
Contractor understands and agrees that MCC shall not be responsible in any way
for catering events held on MCC premises but are requested by outside parties. If
the Contractor elects to cater events for outside parties, then it shall be the sole
responsibility of the Contractor to collect payment. The Contractor agrees that any
loss due to such an occurrence shall be at the Contractor’s sole cost and expense
and at no time or for any reason shall any loss be charged to MCC’s profit and loss
statement. MCC understands it will not receive any commission on uncollected
funds.
7.5.
Security.
7.5.1. Security. The Contractor shall have on file with MCC prior to
services being performed security, in the form hereinafter described, in the amount
of ten thousand dollars ($10,000) to secure the payment to MCC of all minimum
payments that are due and payable or that are to become due and payable under
this Agreement and to secure the proper performance by the Contractor of all of
its obligations hereunder. If the Contractor proposes to furnish and deliver as
security required by this paragraph a letter of credit, the letter of credit shall be a
clean, irrevocable, unconditional, stand-by, sight letter of credit. MCC shall have
the right to approve the issuing bank and the form of the letter of credit. If the
Contractor proposes to post as security a certificate(s) of deposit, the certificate(s)
of deposit must equal the full amount of the annual guarantee. At the time such
certificate(s) of deposit are delivered to MCC, the Contractor must execute and
deliver a conditional assignment and pledge which will empower an officer of the
issuing bank to withdraw or otherwise pay the principal on deposit with such bank
and represented by said certificate(s) to MCC. The Contractor shall be entitled to
withdraw any payment of interest which accrues on said certificates of deposit.
7.5.2. Default. In the event the Contractor shall default in the performance
of this Agreement or shall fail to pay all or any portion of the annual guarantee
when the same shall become due and payable, or if this Agreement shall terminate
at a time other than at the end of an Agreement year, then in any of such events,
MCC shall be entitled to negotiate and/or withdraw and to receive payment from
the security furnished and delivered pursuant to this Agreement.
7.5.3. Budgets. The Contractor shall provide budget forecasts and
targets which are in line with MCC's fiscal year. All anticipated budget variances
in excess of five hundred dollars ($500) or ____%, whichever is greater, must be
explained in writing.
7.6.
Price Increases
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7.6.1. Timing. After the first year of the Agreement, requests for retail and
catering price adjustments for the ensuing year will be considered by MCC no later
than April 15th for potential implementation on or about August 1st. Denial by MCC
of all or some price increase requests shall not be a breach of this Agreement.
Failure to submit requests for retail and catering price adjustments by the date
specified hereunder shall cause such retail and catering prices to be renewed at
the then current prices for the following year and such failure to so submit shall not
be cause for termination by the Contractor.
7.6.2. Basis. Prices shall be competitive with comparable menu items
served by local commercial food operators and by other local area educational
institutions. Requests for increases in the retail and catering will be based upon
accurate and timely annual financial statements showing all revenues and
approved pass-through expenses and:
7.6.2.1.
increases in the U.S. Department of Labor Regional Statistics-to be
used for labor cost increase in similar job categories;
7.6.2.2.
the U.S.D.A. Regional Wholesale Food Price Index, as issued
quarterly, and the U.S.D.A. Food Index Forecast-to be used to justify the
increase in food cost;
7.6.2.3.
the U.S. Department of Labor Regional Statistics for labor cost
increase in similar job categories and increases in tax rates-to be used to
justify the increase in labor costs;
7.6.2.4.
changes in menu, points-of-service, additions, or levels of service
provided;
7.6.2.5.
increases for similar portions and products in similar food
operations in the Kansas City market area, which shall include a price
survey; and
7.6.2.6.
verification and substantiation of any other cost factors through
submission of the Contractor’s invoices over the previous twelve-month
span.
MCC reserves the right to approve or reject requested price increases. However,
with adequate evidence based upon the above criteria, MCC will not unreasonably
deny price increases.
7.6.3. Temporary Price Increases. Notwithstanding the foregoing, MCC
may approve a temporary price increase due to unexpected, significant increases
in the wholesale cost of a food item until such times as prices for a given item
stabilizes. With its temporary price increase request, the Contractor shall submit
documentation as to the impact on the wholesale price of the food item.
8.
Access Cards and Keys.
8.1.1. Cards. The Contractor shall have access to the premises at
reasonable times, as determined and coordinated by MCC. Selected employees
of the Contractor will be issued access cards.
8.1.2. Keys. The Contractor shall be responsible for accounting for the
location of any keys or locking devices provided to the Contractor at the onset of
the Agreement. The Contractor shall be responsible for the cost of replacement
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of lost keys. If MCC determines that keys lost by the Contractor or its employees
could compromise MCC building or campus security, the Contractor shall be
responsible for paying all costs associated with re-keying designated locations.
9.
Premise.
9.1.
Destruction of Premises. In the event that any building used by MCC is
totally or partially destroyed by fire or other perils, MCC shall have the right to eliminate
the facility without impacting this Agreement or to rebuild the building or buildings at its
own discretion without creating any liability to the Contractor. The Contractor understands
and agrees that it shall not be entitled to any compensation or damages from MCC
hereunder for: a) any commercial loss or damage; b) damage to, loss of or loss of the use
of the whole or any part of any building; c) personal property belonging to the Contractor,
its employees, or agents; or d) for any inconvenience or annoyance occasioned by such
damage, repair, reconstruction, or restoration.
9.2.
.Contractor Repair of Premises. The Contractor shall be required to
repair, rebuild, and repaint all or part of the premises which may be damaged or destroyed
by an act or omission of the Contractor and shall return the premises, upon expiration or
termination of the Agreement, to MCC in the same condition that existed at the
commencement of the Agreement, except for normal wear and depreciation. MCC shall
have the absolute right to make any repairs, alterations, or additions to the buildings free
from any and all liability to the Contractor herein for loss of business or damage of any
nature whatsoever occasioned during the making of such repairs, alterations, or additions.
10.
Sanitation and Safety
10.1. Scope. The Contractor shall provide daily housekeeping, cleaning, and
sanitation service, which includes necessary commercial equipment and supplies for all
assigned foodservice areas. These facilities shall include, but not be limited to, production
and serving areas, snack bars, carts, refrigerators, freezers, receiving and storage, trash
and garbage, employee rest rooms, offices, hallways, and stairs used by the Contractor.
During the course of each business day, the Contractor shall have the responsibility to
spot clean all dining areas. All foodservice areas from the servery back through and
including the kitchen, storage areas, and loading dock shall be the sole responsibility of
the Contractor. In the event that the Contractor’s negligence results in diminished or no
performance, MCC shall, at its option, require the Contractor to make and/or pay for the
necessary repairs or replacements without charging such costs against MCC’s account.
10.2. Minimum Training Standards. The Contractor shall have adequate
personnel with sufficient training to ensure that all employees are trained in the highest
legal and generally accepted industry standards of sanitation and safety and supervised
in a "clean as you go" policy that will result in a clean and orderly facility at all times. At a
minimum, at least one full-time management person should have successfully attained a
Certified Foodservice Sanitation Professional designation. All other key management and
staff employees should have successfully completed the National Restaurant
Association's "ServSafe" or equivalent program. The Contractor shall maintain and make
such records available, including all applicable training records, for review upon MCC’s
request.
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10.3. Cleaning Schedules. The Contractor shall develop, implement, and
update cleaning and sanitation schedules for all equipment and areas as assigned.
Cleaning must be sufficient to provide protective maintenance against unnecessary
deterioration and provide a clean, neat, and sanitary appearance. Upon review and
approval by MCC, the schedules shall be posted and implemented within thirty (30) days
of the beginning of the Agreement.
10.4. Ventilation Hoods and Fire Suppression Systems. MCC shall be
responsible for contracting with a qualified firm to provide periodic cleaning of hood ducts,
plenums, fans, and related units, as well as all fire suppression systems. The Contractor
shall retain responsibility for the regular cleaning of all interior and exterior surfaces, as
well as the filters if applicable.
10.5. Holiday Closures. When the foodservice areas are closed for MCC
vacations and holidays, these areas shall be left in a clean and ready-for-inspection
condition.
10.6. Food Handling, Sanitation, and Safety Practices. The Contractor's
employees shall be neat and tidy in appearance and shall follow established mandated
and foodservice industry best hygiene practices in the handling of food. MCC requires
that all foodservice employees have their hair restrained in accordance with local health
codes and wear gloves when handling food.
10.7. Linens and Uniforms. The Contractor shall be responsible for providing,
cleaning, and maintaining an adequate inventory of table linens, employee uniforms,
aprons, towels, and other related dining service linens. The Contractor’s employees and
MCC employees shall be in uniform and wear a visible name tag identification at all times
while on duty. Management shall be appropriately dressed, but not necessarily in uniform,
and also wear name tag identification.
10.8. Employee Illness. The Contractor shall not allow any foodservice
employee to work with a known illness, which is transmitted through the air or via the food
products, equipment or other mediums, open sores, or other symptoms. Any contagious
disease such as hepatitis must be reported immediately to the campus representative as
well as MCC’s Vice Chancellor of Administrative Services or designee and local health
department authorities.
10.9. Pest Control. The Contractor shall coordinate its deep cleaning and pest
control procedures with MCC’s Facility Services Department and be responsible for
implementing and sustaining measures to prevent infestation in accordance with MCC’s
pest control measures. However, MCC will be responsible for the cost of such pest control
services.
10.10. Conservation and Recycling. The Contractor is urged to purchase and
promote the use of environmentally friendly post-consumer waste products. In addition,
the Contractor is encouraged to recycle food, packaging, and other items to the extent
that there are available markets and outlets for the products and which meet state and
local sanitation and safety regulations. Cardboard boxes are to be broken down before
being placed in designated recycling bins. Cans are to be washed and flattened before
being placed in designated recycling bins. All glass products are to be recycled.
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10.11. Garbage. MCC will provide for the removal of trash and garbage which has
been delivered to the designated locations. When applicable, the Contractor shall
participate in MCC-directed waste reduction programs. The Contractor will be responsible
for coordinating the cleaning and sanitizing of all grease traps in accordance with MCC
procedures and frequency. However, MCC will be responsible for the costs of services
herein. In the event that the Contractor’s negligence results in diminished or no
performance, MCC shall, at its option, require the Contractor to make and/or pay for the
necessary repairs or replacements without charging such costs against MCC’s account.
10.12. Accident Prevention. An aggressive program of accident prevention and
safety education shall be adopted and implemented by the Contractor. Proper instructions
on the use of equipment and food handling techniques shall be provided in the promotion
of a safe and accident-free environment.
10.13. Accident, Theft, or Burglary The Contractor shall immediately report
fires, unsafe conditions, thefts, and security hazards to the campus representative and
Director of Management and Auxiliary Services. The Contractor shall be responsible for
reporting to MCC all accidents involving its staff or customers and all disputes or
behavioral incidents involving staff or patrons which occur in or around the premises. The
Contractor shall immediately fix and/or report any citations by federal, state, or local
agencies or those identified by MCC representatives for unsafe conditions. The Contractor
shall be responsible for immediately reporting to the respective Campus Police and Vice
Chancellor of Administrative Services or designee any break-ins or unauthorized entries
into the foodservice areas and all property losses associated therewith.
10.14. Fire Prevention. MCC shall furnish and maintain fire extinguisher
equipment and supplies. The Contractor shall notify the campus representative and
MCC’s Vice Chancellor of Administrative Services or designee immediately after any fire
extinguisher use or discharge.
10.15. Campus Sanitation Inspections. The Contractor shall permit unrestricted
access to its foodservice facilities and at catered events held outside of MCC at any time
by its employees or authorized representatives. Copies of all inspection reports shall be
transmitted by the Contractor to MCC immediately upon receipt. Copies of all corrective
action reports shall be transmitted by the Contractor to MCC within three (3) days of
deficiencies.
11.
Right of Inspection.
11.1. Inspection. MCC reserves the right to periodically conduct unannounced
inspections with or without the Contractor. MCC’s Director of Auxiliary Services, respective
campus representatives, consultant inspectors for MCC, and all state and local authorities
shall have complete cooperation from the Contractor. When state and local authorities
arrive for inspection, MCC’s Vice Chancellor of Administrative Services or designee and
the respective campus representative shall be notified and, whenever practical, shall be
present for the inspection. A copy of the inspection report shall be transmitted by the
Contractor to MCC’s Vice Chancellor of Administrative Services or designee and the
respective campus representative immediately upon receipt. If there are deficiencies, the
Contractor shall provide both individuals with a written report of corrective action within
three (3) working days. In the event that corrective action is a joint responsibility, the
Contractor shall notify MCC of its responsibility in the matter and shall work with MCC’s
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Vice Chancellor of Administrative Services or designee and the respective campus
representative in the implementation of such action.
11.2. Failure to Cooperate. Failure of the Contractor to properly respond or
cooperate in any way with regard to inspections or reports hereunder or to correct any
deficiency in a reasonable amount of time shall be considered a breach and MCC reserves
the right to take any and all action permitted by the Agreement or under law. Further, the
Contractor agrees to indemnify MCC in accordance with the indemnification provisions
under the Agreement for any such failure to respond or cooperate or if any information
provided is misleading or misrepresented or if any deficiency is not corrected in a
reasonable amount of time.
12.
Management and Personnel.
12.1. Commitments. The following personnel of the Contractor shall commit to
MCC’s account the time outlined hereunder. The Contractor assures MCC that its daily
General Manager shall have equal if not better qualifications as those outlined in the
resume for the food service director under the Contractor’s proposal.
12.2. Management Person/Team. The Contractor's on-site management
person/team must have an appropriate amount of professional training, formal education,
experience, interpersonal characteristics, and public relations skills to provide the
expertise required for a high quality retail, including branding, and catering foodservice
operation.
12.3. Management Job Descriptions. The Contractor shall provide position
descriptions and resumes for individuals who are being considered for on-site manager
positions. MCC shall have the right to request interviews of proposed candidates for the
director's and unit, including catering, manager’s positions and review the Contractor's
final recommendation before an appointment is made. While MCC reserves the right to
review and comment on such appointments, the Contractor alone shall have the right to
make such appointments and shall be solely responsible for the employment decision.
12.4. Management Changes. Persons in positions with management
responsibility, which is defined as key support and unit managers and above, shall not be
changed without thirty (30) days advance notice to MCC’s Vice Chancellor of
Administrative Services.
12.5. On-Site Representative. Candidates for the on-site representative’s
position should have a minimum of five (5) years full-time professional foodservice
experience in comparable, progressively responsible positions and formal/continuing
education in foodservice and foodservice industry related areas. A minimum of one (1)
management/supervisory employee must be ServSafe certified.
12.6. Adequate Staff. The Contractor shall maintain adequate staff on duty at
each MCC campus at all times to ensure a quality foodservice operation. In order to
maintain a high quality of service, the Contractor shall be responsible for providing expertly
trained, experienced, and qualified personnel for administration and supervision, menu
planning and dietetics, production, purchasing, service, sanitation, marketing, and
equipment consulting both on-site at each campus and at the Contractor's division and/or
corporate levels.
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12.7. Employee Training. The Contractor shall continually provide satisfactory
training and development programs for employees at all levels of the foodservice
operation. Regularly scheduled full-time, part-time, and student employee training
meetings shall be conducted by the Contractor as a cost of doing business.
12.8. Health Examinations. The Contractor shall require all of its employees
assigned to duty at MCC to submit to health examinations either before being hired,
periodically, annually, or at least as frequently and stringently as required by law.
12.9. Background Check. The Contractor represents that it maintains
comprehensive hiring policies and procedures which include, among other things, a
background check for criminal convictions and pre-employment drug testing, all to the
extent permitted by law. The Contractor shall conduct thorough background checks and
obtain references for all its employees performing the services. The Contractor further
represents that through its hiring policies and procedures, it uses commercially practicable
efforts to hire candidates with appropriate character, disposition, and honesty. To satisfy
the Contractor’s obligations under this section, MCC may require the Contractor to utilize
the services of a third-party contractor designated by MCC to obtain the required
background investigations, provided these costs are customary and reasonable and are
not above the Contractor’s current rates.
12.10. Unlawful Behavior. The Contractor is responsible for the on-campus
behavior of all its employees. Said employees will abide by all policies, procedures, rules,
and regulations which govern MCC employees. Infractions of any policy, procedure, rule,
and/or regulation may result in MCC requesting that the individual no longer be employed
at the Contractor's MCC account. In the event an employee of the Contractor is so
removed, the Contractor shall replace such personnel as soon as practicable, but in no
event shall a vacancy significantly impair services at any time.
13.
Transactions.
The Contractor shall exercise maximum security control over all cash, charge, and sales
transactions. MCC shall not be responsible for theft or loss of the Contractor's cash or
property. The Contractor shall work with MCC to establish a system that will allow the
Contractor to accept credit and bank debit cards for the amount of purchase. All such
transactions shall be at the Contractor’s sole risk.
14.
Customer Monitoring.
14.1. Patron Surveys. The Contractor shall cooperate with MCC in ongoing and
periodic monitoring of customer satisfaction for value received through an evaluation
system involving a representative cross section of the campus community, including
catering patrons and guests. One of these evaluation methods shall be regular formal
performance surveys for each respective foodservice program’s customers, which MCC
reserves the right to conduct independently of the Contractor. The survey instrument(s)
and/or survey methodology shall be subject to the review and approval of the Vice
Chancellor of Administrative Services or designee or designee.
14.2. Other Surveys. The Contractor is encouraged to engage in other forms of
customer monitoring, such as comment cards, as it deems necessary or appropriate.
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15.
Nutrition and Life-Health Awareness.
15.1. Education. A nutrition and life-health awareness program shall be
provided as a self-education tool and designed to communicate in a positive, upbeat style
through a variety of informational formats the need for a commitment to lifelong
maintenance of good health through correct eating habits and physical activity. The
program shall meet the following minimum requirements:
15.1.1. provision of nutritional analysis, by portion, of each menu item,
indication of amount of calories, saturated and unsaturated fat-animal fat must be
clearly identified, cholesterol, sodium, sugar, carbohydrates, etc., all of which must
be posted by the serving area of the food items; and
15.1.2. availability of recipe files and unique preparation techniques for
customer review of nutrition information.
15.2. Special Needs. An ample selection of condiments shall be available for
patrons who prefer hot and spicy, sweet, salt, or other flavor enhancers.
16.
Service Standards
16.1. Hot Foods. Hot foods are to be served hot, above 140 degrees
Fahrenheit, and cold foods are to be served cold, below 40 degrees Fahrenheit.
16.2.
possible.
Garnishes. All food shall be garnished for attractive presentation whenever
16.3. Freshness. Any food appearing discolored, unappealing, or not in a proper
state of freshness shall not be served.
16.4. Food Availability. All serving stations and bars are to be kept well stocked
during all designated serving times. The last customer is to be offered the same or equal
range of choice as the first customer. Food is to remain available until five (5) minutes
after scheduled closing.
16.5. Serving Station Decor Treatments. Where appropriate and/or practical
to do so, serving stations, salad bars, and food display areas shall be decorated at all
times with seasonal displays, flowers, etc.
16.6. Product Identification. Food items at the serving stations shall be readily
identifiable with attractive and individual labels noting the name and price of each.
16.7. Food Wrappings. Appropriate wrappings for foods shall be used as
needed. Wrapping shall be both attractive and serviceable and, if possible, recyclable.
16.8. Upkeep. Display and serving areas shall be kept clean, sanitary, orderly,
and attractive at all times. Any spillage or soiled spots shall be removed promptly from
counters, steam table pans, general serving and dining areas, and floors. Partially used
and broken items shall be promptly removed from the serving area.
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17.
Purchasing Standards.
17.1. Minimum Standards. Food purchased by the Contractor for use in MCC
foodservice facilities and elsewhere on campus, which is not already subject to other
minimum contractual standards such as for local, regional or national brands, shall be equal
to or better than those specifications used at comparable type and sized Contractor
accounts.
17.2. General Purchasing Standards. Purchase of food, supplies, and
equipment shall meet requirements of the United States Department of Agriculture, Food
and Drug Administration, Underwriters Laboratory, National Sanitation Foundation, and
other relevant agencies. In the absence of grade labeling, the Contractor shall provide
MCC, upon request, with package labeling codes or industry accepted grade equivalent
standard to verify the minimum grades specified are being provided.
17.3. Procedures. The Contractor shall maintain rigid procurement procedures
throughout the entire process of purchasing, receiving, storing, and inventorying of all foods
and direct supplies. All products that are purchased as costs of operations shall be
negotiated by the Contractor to obtain the best net price available. Where discounts or
rebates are available, they shall be credited back to the financial statement as part of the
costs of operation. Upon written request by MCC, the Contractor shall provide a written
accounting of the discounts and rebates received.
18.
Subcontractors. Contractor agrees to indemnify MCC for any costs and/or
expenses, in whole or in part, that are due any subcontractors or suppliers for services provided
under this Agreement.
19.
Performance. No payment made under this Agreement shall be proof of
satisfactory performance of this Agreement, either in whole or in part, and no payment shall be
construed as acceptance of deficient or unsatisfactory service.
20.
Notices. All communications relating to this Agreement shall be in writing and
may be hand delivered, sent by overnight courier, or shall be deemed received within five (5)
business days after mailing if sent by registered or certified mail, return receipt requested to the
parties at the addresses first written above. If to MCC regarding legal matters, notice shall be
sent to the attention of Kathy Walter-Mack, Chief of Staff to the Chancellor.
21.
Contractor’s Representations and Warranties.
21.1. Standard of Care. Contractor represents and warrants that Contractor
shall provide services based on a manner consistent with the highest degree of care,
diligence, and skill.
21.2. Compliance with Laws, MCC Rules and Regulations. Contractor
represents and warrants that Contractor shall observe, perform, and comply with all
federal, state, and local laws, ordinances, rules, regulations, and all amendments thereto
which in any manner may affect the operations and activities undertaken by Contractor
pursuant to this Agreement. Contractor covenants and agrees that Contractor shall
observe all MCC policies and procedures, as well as all rules, regulations, and security
requirements concerning the safety of persons and property. MCC reserves the right to
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make and enforce such other reasonable policies and guidelines, which MCC deems are
necessary or advisable in order to promote the safety, care, preservation, and cleanliness
of the designated foodservice areas and for the protection and maintenance of MCC
property in general. The Contractor shall pay the cost of remedying or repairing damage
to designated foodservice areas or other MCC property due to noncompliance with the
following policies and guidelines.
21.2.1. Prohibited Facility Modifications. No openings, awnings, sashes,
doors, windows, or glasses that admit or reflect light into the premises or any other
part of the premises shall be covered or obstructed, except with Venetian blinds,
draperies, or other window treatments which are approved by MCC.
21.2.2. Prohibited Uses. Toilets, wash basins and other equipment shall
not be used for any other purpose than the purposes for which they were
constructed. No sweepings, rubbish, and other substances shall be thrown
therein.
21.2.3. Facility Alterations. No alterations shall be made on the premises
nor shall additional partitions or fixtures be installed in said premises without
written consent of MCC.
21.2.4. Facility Damage. No nails or screws shall be driven, screwed, or
otherwise placed into the walls, floors, or other parts of any room or area without
the consent of MCC nor shall Contractor permit the premises to be defaced or
damaged.
21.2.5. Signs. No signs, advertisements, or notices of any kind shall be
erected, maintained, displayed, painted, inscribed on, or affixed to, any part of the
premises or any part of the buildings without the prior approval of MCC. The
exception shall be Contractor employee postings in non-public areas controlled by
the Contractor. All signs shall be of a uniform nature in all food units.
21.2.6. Unlawful Practices. The Contractor shall not permit unlawful
practices of any kind on or in facilities within the scope of this Agreement.
21.2.7. Removal of MCC Property. The Contractor shall not remove from
MCC facilities or permit the removal of any kitchen equipment, foodservice items,
or other property owned by MCC or permit the use of MCC-owned property and
equipment assigned to the Contractor other than in the performance of the
foodservice permitted by the Agreement.
21.2.8. Operating Name. For the purpose of this Agreement, all MCC
foodservice operations within the scope of this Agreement shall be performed
under the name of "Metropolitan Community College Foodservice" or the name of
each subject campus or any other mutually agreeable similar name.
21.3. Non-Discrimination. MCC is an equal opportunity/affirmative action
employer. If applicable, Contractor, in performing the work required by this Agreement,
agrees to comply with the applicable provision of Executive Order 11246 issued by the
President of the United States, September 24, 1965, and the applicable provisions of the
Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Rehabilitation Act of
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1974, all as amended, and to comply with the Rules and Regulations issued thereunder,
as set forth at 41 CFR § 10.1-4(a), and 41 CFR § 60-250. Contractor agrees not to
discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran
status or any other status protected by applicable law. This Contractor and
subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41
CFR § 60-741.5(a). These regulations prohibit discrimination against qualified
protected veterans and qualified individuals on the basis of disability and require
affirmative action by covered prime contractors and subcontractors to employ and
advance in employment qualified protected veterans and individuals with
disabilities.
21.4. No Debarment. Contractor represents that it is not debarred or suspended
from doing business with the federal government and/or any state government, and shall
notify MCC if it becomes debarred or suspended during the Term of this Agreement.
22.
Confidential Information. As used herein, "Confidential Information" will mean
any ideas, strategies, plans, purposes, and/or agendas that MCC may seek to advance, any
reports and information generated by Contractor, and educational and/or other confidential
information related to students (Information). Both during the term of this Agreement and
thereafter, Contractor covenants and agrees (i) to hold such information in trust and confidence
and to exercise diligence in protecting and safeguarding such information, as well as any other
information protected from public disclosure by federal or state law or by the policies or
procedures of MCC, (ii) that Contractor will not knowingly use the Information, directly or indirectly,
for Contractor’s own benefit, or for the benefit of another, but instead will use such information
only for the purposes contemplated hereunder, (iii) that Contractor will not disclose any
confidential information to any third party, except as may be required in the course of performing
services for MCC hereunder or by law, (iv) that access to the education records of any student
shall be in compliance with the Family Educational Rights and Privacy Act, and (v) that Contractor
not be deemed a spokesperson for MCC in any manner for the purpose of disseminating any
information hereunder, excepting such information that is related to the Purpose and content and
format for dissemination of such information is mutually agreed to by the parties. Notwithstanding
the foregoing, Contractor's obligations of confidentiality will not include information that (i) at the
time of disclosure was in the public domain, (ii) after such disclosure, immediately becomes
generally available to the public other than through any act or omission of Contractor, and (iii) is
required to be disclosed by a court of competent jurisdiction, provided that prior written notice of
such disclosure is furnished to MCC in a timely manner in order to afford MCC the opportunity to
seek a protective order against such disclosure and the disclosure is strictly limited to the
information that the court requires. After expiration or termination of this Agreement, Contractor
must return all confidential information given to or generated by him hereunder within five (5) days
of MCC's written request. Contractor agrees that Contractor will comply with MCC's instructions
regarding the return or disposition of its confidential information, including any copies or
reproductions.
23.
Remedies for Disclosure. Contractor understands and agrees that any
unauthorized disclosure or use of any confidential information as provided under this article may
result in MCC seeking injunctive relief. Contractor agrees to give prompt notice to MCC of any
unauthorized disclosure, use, or misappropriation of any confidential information and take all
steps as requested by MCC to limit, stop, or otherwise remedy the disclosure, use, or
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misappropriation of any confidential information. All steps taken by Contractor relating to remedy
shall be at its sole expense.
24.
Liability Requirements.
24.1. Insurance. Contractor agrees to maintain the following insurance
throughout the term of this Agreement: a) workers’ compensation and employer’s liability
for its employees in amounts as required by Missouri law; b) automobile insurance, to
include uninsured and underinsured motorists, in the minimum amounts of $1,000,000 per
occurrence and $2,000,000 in the aggregate; and c) general liability in the amounts of
$1,000,000 per occurrence and $2,000,000 in the aggregate, which shall include students,
participants, volunteers, property damage, and contractually assumed liability and name
MCC as an additional insured. Upon the execution of this Agreement, Contractor agrees
to provide MCC proof of insurance which shall include the stipulations hereunder and state
that such coverage will not be cancelled without thirty (30) days written notice. Failure to
so provide or maintain any insurance as requested hereunder will not relieve it of any
contractual obligation or responsibility herein.
24.1.1. Stipulations. With the exception of worker’s compensation, MCC
and each individual campus shall be listed as an additional insured on said policies
so that each is independently protected to the face amount of the policy. These
policies shall contain a covenant requiring thirty (30) days written notice to MCC
before cancellation, reduction, intent not to renew, or other modifications of any
kind to the required coverage. Failure by the Contractor to maintain or provide any
insurance as requested hereunder will not relieve it of any contractual obligation
or responsibility under the Agreement. In the event that the Contractor fails to
maintain and keep in force any insurance required hereunder, MCC shall have the
right to terminate the Agreement.
24.1.2. 40.3 Risk of Damage. The Contractor shall bear the full and
complete responsibility for all risk of damage or loss of equipment, products, or
money resulting from any cause whatsoever and shall not penalize MCC for any
losses incurred in association with this Agreement. Any insurance policy or
policies shall cover all foodservice operations within the four (4) primary MCC
campuses and buildings as well as the students, faculty, and staff associated with
the MCC-Business & Technology Campus, MCC-Penn Valley Health Science
Institute, and MCC Administrative Center.
24.2.
Indemnification
24.2.1. Indemnity. The Contractor hereby covenants and agrees, at its
sole cost and expense during the term of this Agreement, to indemnify and hold
harmless MCC, its trustees, officers, management, staff, students, and governing
board, as well as all officers, agents, and employees, against and from any and all
claims or demands by or on behalf of any person, firm, corporation, or
governmental authority, arising out of, attributable to, or in connection with the use,
occupation, possession, conduct, or management of the designated foodservice
areas and foodservice operations or any work done in or about the same or
transactions of the Contractor concerning the foodservice performed and rendered
hereunder, including, but without limitation, any and all claims for injury or death to
persons or damage to property. The Contractor also covenants and agrees, at its
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sole cost and expense, to indemnify and hold harmless MCC, its officers,
management, staff, students, and governing board, as well as officers, agents, and
employees, from and against all judgments, costs, counsel fees, expenses, and
liabilities incurred in connection with any such claim and any action or proceeding
brought thereon and in case any action is brought against MCC, its officers,
management, staff, students, and governing board, as well as any officers, agents,
or employees by reason of any such claim, the Contractor, upon written notice from
MCC, will resist and defend such action or proceeding by qualified counsel.
However, the provisions of this section shall not apply to any claims arising from
the negligent or willful acts or omissions of MCC, its officers, management, staff,
students, and governing board and its officers, agents, or employees.
24.2.2. Damage. MCC shall not be responsible or be held liable for any
injury or damage to persons or property resulting from the use, misuse, or failure
of any equipment used by the Contractor or any of the Contractor’s agents,
servants, or employees, even if such equipment is furnished by MCC or to the
Contractor. The acceptance or use of any such equipment by the Contractor shall
be construed to mean that the Contractor accepts full responsibility for and agrees
to indemnify MCC against any and all loss, liability, and claims for any injury or
damage whatsoever resulting from the use, misuse, or failure of such equipment,
whether such damage or injury is to an employee, agent, or servant or the property
of the Contractor, other contractors, MCC, or other persons.
24.2.3. Notice of Claims. The Contractor shall give written notice to the
chancellor’s office of the assertion of any claim or the commencement of any
litigation within thirty (30) days’ notice of the claim or commencement of litigation
and MCC shall cooperate in the defense of the claim or litigation.
24.2.4. Non-Waiver. The foregoing provisions shall not be deemed a
relinquishment or waiver of any kind of applicable limitations of liability provided or
available to MCC under applicable state governmental immunities law.
24.3. No Waiver. The foregoing provisions shall not be deemed a relinquishment
or waiver of any kind of applicable limitations of liability provided or available to MCC under
applicable Missouri governmental immunities law.
25.
Parking. Parking spaces on campus will be available on a first-come, first-serve
basis. The Contractor's employees will be required to obtain parking decals in the same manner
as MCC personnel. The Contractor agrees to comply with all applicable parking regulations
during stocking, collection, and equipment repair.
26.
Governing Law. This Agreement is governed by and constructed in accordance
with the laws of the state of Missouri.
27.
Tobacco-Free Policy. Contractor agrees to strictly abide by MCC’s tobacco-free
policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times,
MCC shall have the right to enforce such policy pursuant to the terms of this Agreement and under
law.
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28.
Powers and Authority. Neither party may sign any document, perform any act, or
make any commitment nor undertaking on behalf of the other party without such other party’s
express written consent.
29.
Successors and Assignments. This Agreement shall not be assigned by either
party without the prior written consent of the other party and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
30.
Assignment of Services. It is understood the Contractor shall not assign or
subcontract the services in this Agreement without the written consent of MCC, and subject to
MCC’s approval of said subcontractor’s expertise to complete the assigned portion of the
services.
31.
Independent Contractor. The parties agree the terms of this Agreement do not
constitute a formation of a partnership, joint venture, employer-employee, or other relationship
and no form of agency exist between the parties. The Contractor represents and warrants that it
is now and shall remain a separate and independent entity from MCC. Accordingly, no employee,
contractor, subcontractor, supplier, agent, or representative of Contractor shall be deemed to be
the employee, contractor, subcontractor, supplier agent, or representative of MCC. Contractor
shall have on file with MCC prior to services being performed a Request for Taxpayer Identification
Number and Certification form (W-9). Contractor shall be solely responsible for any acts or
omissions of its employees, as well as payment of all invoice tax, FICA, FUTA, and other tax
liabilities for said employees, and agrees to indemnify MCC in accordance with the indemnification
provisions under this Agreement.
32.
Force Majeure. Neither party shall be liable for damages or have the right to
terminate this Agreement for any delay or default in performance if the delay or default is due to
conditions beyond their control. Such conditions include, but are not limited to, an act of God,
government restriction, or any other cause beyond the reasonable control of the party obligated
to perform and which cannot be overcome by reasonable diligence and without unusual expense.
33.
Marketing
33.1. Advertising & Promotion. The Contractor shall regularly implement
advertising and promotional efforts to increase the visibility and image of each campus’
foodservice program. Each MCC campus shall reasonably cooperate with the Contractor
in promoting and merchandising services and products to attract more customers and to
more fully utilize the foodservice. At a minimum, the Contractor shall disseminate student,
faculty, and staff information brochures, catering menus, monthly, weekly, and daily menu
calendars and quarterly newsletters, as well as maintain the appropriate portion(s) of each
campus’ website. Contractor may work with a campus committee, which will assist in
coordination of surveys, promotional efforts, and dissemination of information.
33.2. Approval. All advertising and promotional efforts shall be coordinated
through, and reviewed by, MCC or campus designee prior to publication and distribution
and shall be limited to campus media intended for students, staff, guests, and faculty.
Advertising via off-campus media is strictly prohibited.
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33.3. Campus Promotional Efforts. MCC-wide or individual campus
foodservice promotional materials may be included in campus or promotional mailings and
new student packets; materials may include such items and information as marketing
coupons, menus, hours of operation, grand opening, and upcoming promotions. Coupons
will also be included in student mailers or online. All such items may be included so long
as the inclusion does not materially affect mailing costs. Other materials, produced,
printed, and mailed at the Contractor's cost, must first be approved in writing by MCC. In
addition, the Contractor will be encouraged, but not required to, participate with other
MCC-wide or individual campus department promotional efforts. The Contractor shall set
up table tents when advertising special promotions and discounts. All menus will be
printed in advance and, with prior approval, advertised on MCC’s intranet. It is assumed
that such efforts will be mutually beneficial.
33.4. Minimum Advertising Budget. To insure the continual implementation of
a marketing program, the Contractor shall budget a minimum of ____% of the prior fiscal
year's total gross sales, but no less than $______, for advertising, promotion, and related
merchandising in the next fiscal year apportioned appropriate for each campus. Thirdparty costs, monies expended by product contractors, associated with these expenses
shall not satisfy, in whole or in part, this required expenditure. The Contractor's cost of
discounted food and beverages sold or donated or donated prizes for promotional
purposes shall not be included in this total.
33.5. Costs. The Contractor shall be responsible for all costs associated with
advertising and promotional efforts through printed or other media vehicles.
34.
Independent Contractor
34.1. Status. The parties agree the terms of this Agreement do not constitute a
formation of a partnership, joint venture, employer-employee, or other relationship and no
form of agency exist between the parties. The Contractor represents and warrants that it
is now and shall remain a separate and independent entity from MCC. Accordingly, no
personnel, employee, contractor, subcontractor, agent, or representative of the Contractor
shall be deemed to be the employee, contractor, subcontractor, agent, or representative
of MCC. Further, the Contractor shall also be solely responsible for paying all invoice
taxes, FICA, FUTA, and other tax liabilities for its personnel. Finally, the Contractor will
be solely responsible for any acts or omissions of its personnel and agrees to indemnify
MCC in accordance with the indemnification provisions under this Agreement.
34.2. State and Federal ID Number. The Contractor shall have on file with MCC
prior to services being performed the Contractor's State of Missouri Tax Identification
Number and Federal Employer ID Number. The Contractor acknowledges and agrees that
MCC may furnish those Contractor numbers to federal, state, and local tax authorities.
35.
Contractor’s Representations and Warranties.
35.1. Standard of Care. The Contractor will perform its services based on a
standard of professional competence and best practices using that degree of care,
diligence, and skill ordinarily possessed and exercised in performing the services
hereunder.
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35.2. Legal Compliance. The Contractor shall have the capability of and be
financially responsible for complying with all applicable federal, state, and local laws and
regulations regarding the employment, compensation, and payment of its non-MCC
personnel. This includes unemployment insurance, worker's compensation, and other
taxes, health examinations, permits, and licenses.
35.3. Rules and Regulations. The Contractor covenants and agrees to comply
with MCC policies and guidelines set out below.
35.4. Use of MCC/Campus Names and Registered Trademarks. In no
instance shall MCC’s name or that of each campus or any of its registered trademarks be
used by the Contractor in connection with any advertising or promotions which are not
directly related to MCC and/or one or more campuses without first obtaining MCC's
specific written consent, as appropriate. In no instance shall MCC’s or that of each
campus or any of its registered trademarks be used by the Contractor in any other way,
including, but not limited to, paper cups, paper plates, napkins, matches, vehicles, and
condiments, unless approved in writing by MCC
35.5. Alcoholic Beverages. No alcoholic beverages shall be sold or served by
the Contractor in any MCC facility without prior written permission from MCC. If the sale
and/or service of alcoholic beverages are permitted in MCC-owned facilities or areas, the
Contractor, at its cost, shall be responsible for obtaining any licenses or permits required
for those activities, unless the parties hereto in writing agree otherwise. All alcohol service
within MCC and on the campuses is subject to Board of Trustees restrictions. These, as
well as foodservice industry standards and best practice procedures, must be followed in
respect to serving alcohol in all public facilities and at catered events.
35.6. Loss. The Contractor shall bear any and all loss to MCC resulting from
acts of dishonesty, maliciousness, or vandalism of any of the Contractor’s personnel.
35.7. Taxes. The Contractor shall pay any and all applicable taxes attributable
to its activities and operation pursuant to this Agreement. The Contractor shall be
responsible for collecting and remitting any sales, use, or excise taxes applicable to its
operations and activities hereunder. The Contractor shall hold harmless and indemnify
MCC in accordance with the indemnification provisions under the Agreement from and
against all claims or demands arising out of Contractor's failure or refusal to collect and
remit taxes applicable to its activities hereunder.
35.8. Patents and Copyrights. The Contractor shall defend, indemnify, and
hold harmless MCC, its trustees, officers, employees, agents, and representatives against
all suits of law or in equity resulting from any patent or copyright infringement concerning
the Contractor’s performance or products provided under the terms of the Agreement.
35.9. No Enticement. Neither the Contractor nor any of the Contractor's
personnel has offered or given anything of value to MCC employees to secure this
Agreement.
35.10. Warranties Unaffected. Inspection, payment, or use by MCC of any
services hereunder does not affect any representations and warranties acknowledged by
the Contractor under this Agreement.
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36.
Auditing and Accounting.
36.1. No Advance Payments. The Contractor will operate on its own credit and
provide its own cash banks/reserves with no advance payments from MCC.
36.2. Records. All records must be retained by the Contractor and be accessible
to MCC for a minimum of three (3) previous years, plus the current contract year. MCC
reserves the right to audit any aspect of the Agreement as performed by the Contractor.
The Contractor shall keep full, timely, and accurate records in accordance with generally
accepted accounting practices.
36.3. Audit Rights. The books, records, documents, and accounting procedures
and practices of the Contractor relevant to this Agreement shall be subject to examination
by MCC and its authorized representatives, state of Missouri auditors, or any other
applicable federal, state, or local governmental entity or any of their authorized
representatives. If necessary, they will be made available at the Contractor’s MCC office.
Thus, the Contractor shall:
36.3.1. provide MCC and state of Missouri auditors’ reasonable facilities for
the examination, copying, and audit of the books and records;
make such returns and reports, as required;
36.3.2. attend and answer under oath all lawful inquiries;
36.3.3. produce and exhibit such books and records as may be desired to
be inspected; and
36.3.4. in all things, cooperate with MCC and state of Missouri auditors in
the performance of their duties.
36.4. Contractor Initiated Audits. MCC shall be informed on demand by the
Contractor of the schedule of independent audits of the Contractor’s records and
operations. MCC shall timely receive a report of any findings that materially affect MCC.
36.5. Business Cycle. MCC is on a monthly business cycle with a fiscal year of
July 1st through June 30th. The Contractor shall supply financial data according to this
cycle with the accounting period defined as a calendar month.
36.6. Financial and Operational Data. The Contractor shall furnish MCC with
all requested daily and weekly reports to verify all customer counts, menu mix, cash sales,
card sales, and other pertinent information so requested. MCC may, at any time, make
unannounced audits of the cashiers, especially the retail operations. The audits will not
interfere with peak period retail sales.
36.7. Financial Statements Due Date. The Contractor shall provide MCC with
a complete set of monthly financial statements no later than the 15th day following the last
day of each monthly accounting period. The annual financial statements shall be
submitted to MCC by August 1st of each year.
36.8. Financial Statements Format. Monthly financial statements shall be
presented by point-of-sale/revenue source in the format provided in the same or similar to
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those found in the Uniform System of Accounts for Restaurants. The statements shall
show budgeted and actual sales and/or operating results for the current period, previous
period, and year-to-date with percentages for each retail outlet. Cash register tapes by
day and by register shall be provided to MCC upon request. Causes and appropriate
documentation of abnormal revenue and expense deviations shall be noted in writing by
the Contractor with the submission of these statements.
36.9. Accounting System. All other monthly financial and operational reports
and supporting data shall also be prepared in accordance with or close to the format
recommended in the Uniform System of Accounts for Restaurants, most recent edition.
These reports shall include, at a minimum, the following:
36.9.1. retail and branded concepts: (i) a summary of gross sales and sales
tax; (ii) customer count by meal period-breakfast, morning break, lunch, and
evening; (iii) average check-sales divided by customer count; (iv) per capita salessales divided by the total number of students and staff on campus; and (v) sales
mix-sales breakdown by breakfast items, snacks, entrees, sandwiches, grill items,
beverages, and desserts; and
36.9.2. catering: a) sales; b) number of events; and c) estimated number of
customers.
36.10. Special Reports. In addition to the above, the Contractor shall provide
such special reports and analysis covering its operations under the Agreement as may be
requested by MCC.
36.11. Quarterly Operating Report Reviews. MCC and the Contractor shall
meet no less than quarterly to review operating statements, explain deviations, discuss
problems, and mutually agree on courses of action to improve the results of the required
services included in this Agreement. Operating statement adjustments required as a
result of review and/or audit shall be identified and reflected in the next monthly statement.
36.12. Non-Waiver.
The foregoing provisions shall not be deemed a
relinquishment or waiver of any kind of applicable limitations of liability provided or
available to MCC under applicable state governmental immunities law.
37.
Severability. If for any reason, any term, covenant, or condition hereof shall be
determined to be invalid or unenforceable, the remainder of the provisions herein shall remain in
full force and effect and shall not be affected thereby.
38.
Survival. All representations, warranties, and indemnifications made herein shall
survive termination or cancellation of this Agreement.
39.
No Third Party Beneficiary Rights. No third party may enforce or rely upon any
obligation of, or the exercise of or failure to exercise any right of, MCC or Contractor in this
Agreement. Nothing in this Agreement, whether express or implied, is intended to create any
rights or remedies on any third party beneficiary.
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40.
Remedies. All rights and remedies of the parties, in law or equity, are cumulative
and may be exercised concurrently or separately. The exercise of one (1) remedy will not be an
election of that remedy to the exclusion of other remedies.
41.
Non-Waivers. No delay or omission by the parties in exercising any right under
this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by
a party on any one occasion shall be effective only in that instance and shall not be construed as
a bar or waiver of any right on any other occasion.
42.
Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties and supersedes all offers, negotiations, discussions, and other
agreements, whether written or oral, that occurred prior to the date of the execution of this written
Agreement, and may not be amended except by the mutual written agreement of the parties.
43.
Execution. This Agreement may be executed in counterparts, which together
constitute one and the same Agreement. If a party sends a signed copy of this Agreement via
digital transmission, such party will, upon request by the other party, provide an originally signed
copy of this Agreement. No member or officer of MCC incurs personal liability by the execution or
default of this Agreement. All such liability is released by Contractor as a condition of and
consideration of the execution of this Agreement.
The parties have caused this Agreement to be executed by their authorized
representatives on the day and year written below.
Junior College District of Metropolitan
Kansas City, Missouri
Contractor's Name
By:
By:
Name: David L. Disney
Name:
Title: President, Board of Trustees
Title:
Date:
Date:
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Part III
ACKNOWLEDGEMENT OF RECEIPT
This Form Must be Completed and Emailed/faxed Upon Receiving
Request for Proposal #16-7129-C3R2
Food Service Management
Please fill in the requested information below and return to the Purchasing Department, as
acknowledgement that you have received the Request for Proposal noted above. This is not
required but by submitting this form, we will be able to provide notification of any addenda
to the Bid Request.
Metropolitan Community College Purchasing Department
Email: purchasing.info@mcckc.edu
Fax: 816-759-1221
Name of Firm:
Address:
City/State/Zip:
Phone:
Fax:
Name (Print):
Title:
Email Address:
Signature:
Date:
☐
Yes, our company does have an interest in responding.
☐
No, our company does NOT have an interest in responding.
Submit this form to MCC prior to noon on May 13, 2016.
(Proposals can still be submitted even if this form has not been sent to MCC prior to this date.
Please check www.mcckc.edu/purchasing/bids for revisions or addenda that may not have been
received.)
©2015 Metropolitan Community College
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(29apr16) Food Service Management