REQUEST FOR PROPOSALS - Trent Universitytrentu.ca/oshawafiles/documents/Oshawa Campus Food Service RFP... · Request for Proposals RFP #2014-05-162LH Food Service Operation – Oshawa

REQUEST FOR PROPOSALS

RFP #2014-05-162LH

Food Service Operation – Oshawa Campus of Trent University 55 Thornton Road South, Oshawa, Ontario, L1J 5Y1

CLOSING DATE: June 6, 2014 CLOSING TIME: 3:30 p.m. local time

CLOSING LOCATION: Trent University Purchasing Office Blackburn Hall 1600 West Bank Drive Peterborough ON

K9J 7B8

PURCHASING SERVICES 1600 West Bank Drive Peterborough, ON Canada K9J 7B8

Telephone (705) 748-1217 Facsimile (705) 748-1140

Request for Proposals RFP #2014-05-162LH Food Service Operation – Oshawa Campus of Trent University

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Contents

PART 1 - INTRODUCTION ........................................................................................................ 2

1.1 Invitation to Proponents ................................................................................................ 2

1.2 Term and Type of Contract .......................................................................................... 2

1.3 No Guarantee of Volume of Work ............................................................................... 2

1.4 Agreement on Internal Trade ....................................................................................... 3

PART 2 PROCESS AND SCHEDULE ..................................................................................... 4

2.1 Issuance of RFP Documents and Registration to Participate ................................ 4

2.2 Schedule ......................................................................................................................... 4

2.3 Site Meeting ................................................................................................................... 4

2.4 Questions During the Proposal Process .................................................................... 4

2.5 Submission Requirements ........................................................................................... 5

2.6 Short List of Respondents and Presentations .......................................................... 5

2.7 Evaluation Criteria ......................................................................................................... 5

2.6 Procurement Process Non-binding .......................................................................... 6

2.6.1 No Contract A and No Claims ............................................................................... 6

2.6.2 No Contract until Execution of Written Agreement ............................................ 7

2.6.3 Non-binding Price Estimates ................................................................................. 7

2.6.4 Disqualification for Misrepresentation .................................................................. 7

2.6.5 References and Past Performance ...................................................................... 7

PART 3 – THE DELIVERABLES ............................................................................................... 8

3.1. Description of Deliverables .......................................................................................... 8

3.2. Designated Areas and Services .................................................................................. 8

3.3. Exclusions from Contract ............................................................................................. 8

3.4. Operational Details – Café ........................................................................................... 8

3.5 Facility Renewal Plan .................................................................................................... 9

3.6 Point of Sales ............................................................................................................... 10

3.7 Human Resources ....................................................................................................... 10

3.8 Rights & Responsibilities of the Parties ................................................................... 11

PART 4 MANAGEMENT MODEL & FINANCIAL RETURN TO THE UNIVERSITY .. 17

4.1 General .......................................................................................................................... 17

4.2 References ................................................................................................................... 17

4.3 Submission Requirements ......................................................................................... 17

APPENDIX A – DRAWINGS OF FOOD SERVICE SPACE ............................................... 18

APPENDIX B - Draft Form of Agreement ............................................................................... 19


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PART 1 - INTRODUCTION

1.1 Invitation to Proponents This Request for Proposals (“RPF”) is an invitation by the Trent University (the “University”) to prospective proponents to submit proposals for the provision of Food Service Operation of the Trent Oshawa campus’ café (the “Café”). The operation will provide food service to the daily activities of the Trent University Oshawa campus and will have the non-exclusive opportunity to provide catering to functions held on campus. Trent University’s Oshawa campus is located at 55 Thornton Road South, Oshawa, Ontario. The campus has over 1000 students, staff and faculty. In addition to students and faculty, the University staff members also provide a market for food and beverage. The food preparation and delivery area is 476 sq. ft. the seating area is 1257 sq. ft. for a total of 1733 square feet. Please see Appendix A (Drawings of Food Service Space). For the purposes of this procurement process, the “University Contact” shall be: Purchasing Services Email [email protected]

1.2 Term and Type of Contract The agreement will commence September 1, 2014 and terminate on April 30, 2019. It is anticipated that the agreement will be executed on or around June 30, 2014. The parties will complete a “Services Agreement” substantially similar to the one provided in Appendix B. Either party may terminate this agreement, for any reason, by providing the other party 90 days written notice. To facilitate any required renovations or modifications to the space, the successful respondent will have access to the café space on August 1, 2014. Site visits prior to this date to be arranged. *Respondents are required to provide a statement that they have read the proposed “Services Agreement” and accept the terms OR identify any areas where they are not compliant.

1.3 No Guarantee of Volume of Work The University makes no guarantee of the value, or volume of work to be assigned to the successful proponent.


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1.4 Agreement on Internal Trade Proponents should note that procurements falling within the scope of Chapter 5 of the Agreement on Internal Trade are subject to that chapter but that the rights and obligations of the parties shall be governed by the specific terms of each particular tender call. For further reference, please see the Internal Trade Secretariat website at http://www.ait-aci.ca/index_ex.htm.

[End of Part 1]


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PART 2 PROCESS AND SCHEDULE

2.1 Issuance of RFP Documents and Registration to Participate Request for Proposal documents can be downloaded from:

www.trentu.ca/oshawa/foodservices/ Upon review of the RFP documents, Proponents who intend to proceed with submitting a proposal are required to register with Purchasing Services no later than 4:30 pm May 12, 2014, by sending an e-mail to [email protected] detailing the company name and the name of the people (max 2) who will be attending the site tour. Only those respondents who have submitted the required notice will be allowed to attend the site meeting and will receive any updates or addenda to the RFP process.

2.2 Schedule The RFP process will be conducted according to the following schedule. Trent reserves the right to modify the process and schedule as events warrant. RFP Issued May 6, 2014 Registration due May 12, 2014, 4:30 pm Mandatory Site Visit May 13, 2014, 9:00 am Last date for questions May 20, 2014 Last date for Trent to reply to questions May 27, 2014 RFP Submission Date, June 6, 2014, 3:00 pm Review of Proposals June 9 - 13, 2014 Identify short list respondents June 13, 2014 Short list interviews (if required) Week of June 16, 2014 Award date June 20, 2014 Site development work begins June 21, 2014 First day of operations September 2, 2014 Trent University reserves the right to cancel this RFP at any time. 2.3 Site Meeting A mandatory site meeting is scheduled for May 13, 2014 at 9:00 a.m. at the Trent in Oshawa campus in the café area. Proponents are asked to restrict the number of representatives attending on their behalf to two (2) people. The meeting will include an overview of the RFP; an overview of the drawings and function of the food services space; and a question and answer period. 2.4 Questions During the Proposal Process Any questions that arise during the Site Meeting will be recorded and answered after the meeting. Any questions which arise after the site meeting are to be submitted by the Proponent, by e-mail, to [email protected] the Manager of Purchasing. All questions and the related answer will be shared will all Proponents on the web site:


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www.trentu.ca/oshawa/foodservices/

Respondents are advised to check the web site regularly.

2.5 Submission Requirements Respondents are required to submit their proposal, no later than 3:30 p.m., June 6, 2014, to: Lorraine Hayes Purchasing Manager Trent University Blackburn Hall 1600 West Bank Drive Peterborough ON K9J 7B8 Each respondent is required to submit:

• one signed original and • three copies of their proposal.

Submission requirements are identified in the document in italics and are summarized in section 4.3. Proposals are to be submitted in a sealed envelope cleared marked:

RFP #2014-05-162LH “RFP-Food Service Operation – Oshawa Campus of Trent University”

Proposals that are received after the deadline will be rejected and not given further consideration. 2.6 Short List of Respondents and Presentations Using the criteria outlined below, a short list of up to five respondents will be developed, based on the highest five scores with scores greater than 65 points. Short listed proponents may be asked to provide a presentation to the Evaluation Committee at a mutually agreed upon date and time during the week of June 16th, to demonstrate the Proponent’s ability to provide quality food service.

2.7 Evaluation Criteria Proposals will be evaluated by a committee made of University and student representatives and scored according to the table below.


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Item Points Operating Plan

• Menu diversity including vegetarian/vegan, ethnic, fair trade and organic options

• Retail prices • Commitment to operating hours as outlined

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Facility Development Plan • Extent of renovations required to offer proposed menu,

with a plan that improves the foodservice experience while minimizing the extent of renovations required receiving a higher score in this section

• How the proposed redevelopment supports the proposed menu and operating plan

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Experience • Demonstrated experience in foodservice • References

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Human Resources • Proposed managers experience • Commitment to student employment • Training plan

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Presentation • Each short listed respondents presentation will be

evaluated

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Financial Plan • Return to the University

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Total Points 100 The University will enter into negotiations with the proponent with the highest score following the presentations. If the parties are not able to come to an agreement, the University will begin negotiations with the proponent with the next highest score. If the highest score result in a tie between two or more respondents, the selection of a lead proponent will be decided by a drawing of names.

2.6 Procurement Process Non-binding

2.6.1 No Contract A and No Claims

The procurement process is not intended to create and shall not create a formal legally binding bidding process and shall instead be governed by the law applicable to direct commercial negotiations. For greater certainty and without limitation: (a) the RFP shall not give rise to any “Contract A”–based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and (b) neither the proponent nor the University shall have the right to make any breach of contract, tort or other claims against the other with respect to the award of a contract, failure to award a contract or failure to honour a response to the RFP.


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2.6.2 No Contract until Execution of Written Agreement

The RFP process is intended to identify prospective vendors for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any good or service shall be created between the proponent and the University by the RFP process until the successful negotiation and execution of a written agreement for the acquisition of such goods and/or services.

2.6.3 Non-binding Price Estimates

While the pricing information provided in responses will be non-binding prior to the execution of a written agreement, such information will be assessed during the evaluation of the responses and the ranking of the proponents. Any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact any such evaluation, ranking or contract award.

2.6.4 Disqualification for Misrepresentation

The University may disqualify the proponent or rescind a contract subsequently entered if the proponent’s response contains misrepresentations or any other inaccurate, misleading or incomplete information.

2.6.5 References and Past Performance

The University’s evaluation may include information provided by the proponent’s references and may also consider the proponent’s past performance on previous contracts with the University or other institutions.

[End of Part 2]


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PART 3 – THE DELIVERABLES

3.1. Description of Deliverables Trent University envisions a food services operation that adheres to the following principles:

• Meets the needs of a diverse group of customers by offering a variety of quality food options

• Promotes healthy and nutritious eating • Provides real value to our students, faculty and staff • Operates in a fiscally responsible manner that ensures continued service

throughout the contract period.

3.2. Designated Areas and Services

• The Trent Oshawa café • Non-exclusive Catering

3.3. Exclusions from Contract • Vending

3.4. Operational Details – Café

3.4.1 General The café is intended to meet the needs of the entire campus community. Retail sales have been approximately $70,000 for the period September through April, and $5,000 for the period May through July for the past two years. We believe that these sales have not met potential as the menu has not been as diverse and attractive as required. 3.4.2 Café Dates and Hours of Operation During the fall and winter terms (early-September - mid-April) the campus population is approximately 900 students, faculty and staff. During the summer term (mid-May – early August) the campus population is approximately 150 people. During the summer term classes are held only Monday through Thursday. The café will operate year-round with the exception of the week between December 25th and January 1st each year.

• Minimum Operating Hours September to April: o 8:30 a.m. to 8:30 p.m. Monday to Thursday o 8:30 a.m. to 4:00 p.m. Fridays o Weekend hours at the discretion of the vendor

• Minimum Operating Hours May – August o Negotiable as suggested below:


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� Operate Monday – Thursday � Mid May through end of July � Hours based on class schedule � Trial for the first summer and make adjustments as required

3.4.3 Café Menu Menu items will meet the following expectations:

• Products must conform to the Trent University Fair Trade policy, https://www.trentu.ca/administration/pdfs/PurchasingPolicyforFairTradeCertifiedProducts.pdf

• Beverages to include fair trade coffee and at least three brands of tea and two major cold beverage brands.

• As per Trent University policy, still/plain bottled water in single purchase units will not be allowed.

Please note that the facility is currently not outfitted with the infrastructure necessary to support items such as deep fryers, pizza ovens or other equipment that require fire suppression systems, grease traps or gas connections. *Provide a proposed menu that addresses the items identified above, and that demonstrates the diversity and flexibility that will be offered, complete with proposed retail prices. *Proponents are invited, in their proposal, to discuss how they will feature locally sourced and sustainable foods as well as operate in an environmentally friendly manner.

3.5 Facility Renewal Plan Trent University recognizes the limitations of the current setup of and equipment offerings in the café. We are looking to Respondents to propose modest changes to the equipment and service areas to enhance the customer experience and increase sales. The University is prepared to invest up to $25,000 for the facility redevelopment/renewal of the café preparation and delivery area. Any investment beyond this level will be required to be made by the successful respondent. If the agreement is terminated for any reason, the University will have the first right to purchase any asset that was provided by the successful respondent, at fair market value. If the parties are not able to agree on a fair market value for the asset, the respondent will be required to remove the asset and repair and make good and damages that result. All equipment that is proposed to be installed on campus must be new or refurbished to like new condition. All equipment that requires a utility connection (electrical, water, drain) must be installed by a qualified tradesperson, approved by the University.


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The successful respondent will hire or act as the General Contractor for any renovations or redevelopment work. The designs and drawings must be approved by the University prior to the commencement of work or the application for permits. *Proponents are asked to prepare a detailed proposal, including a drawing of equipment placement, for the renewal of the café facility and how this will maximize the café’s effectiveness and enhance service delivery.

3.6 Point of Sales The successful respondent will be required to provide their own point of sales system. The Operator will be required to accept cash, debit, credit and TrentU cards for payment. Trent University has adopted a One Card System called the “TrentU Card”. Students, staff and faculty are able to load money onto their TrentU Card for purchases at the University. The successful Proponent will be required to accept payment through the TrentU Card utilizing the provided “TrentU Card” Point of Sales hardware, which looks and functions much like a debit/credit card terminal. The TrentU Card Office will reconcile all card transactions on an agreed upon schedule. In addition to the financial return to the University a service fee of 3% of all TrentU Card sales will be charged for the cost and maintenance of this service.

3.7 Human Resources

3.7.1 General All staff engaged in the café will be employed by the Successful Proponent and they will be solely responsible for its employee actions. The Successful Proponent will be solely responsible to withhold and/or pay all applicable federal and provincial employment taxes and payroll insurance with respect to employees, insurance premiums, and contributions to benefit and deferred compensation plans, licensing fees and workers compensation costs, and shall file all required documents and forms. The Successful Proponent will provide an appropriate uniform and identification system for all its employees (name tags) and will ensure all employees, including management staff, wear the uniform and name tags while on duty. 3.7.2 Organization *Each proposal shall include an organization chart showing the proposed management/staffing structure for the café including the number of anticipated employees. 3.7.3 Training The Successful Proponent will be responsible for providing, at its own expense, all necessary training, including WHMIS, Serve Safe, AODA, use of equipment and safety. Any labour disruptions including, but not limited to, strikes, lockouts, suspensions, cessations, or slowdowns of work by either the Successful Proponent’s or Trent’s employees, sub-contractors or suppliers, will not relieve the Successful Proponent of its


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obligations to furnish all labour and materials necessary to carry out the requirements of the contract resulting from this RFP. *Provide a training plan that will be provided to all employees working in the facility. 3.7.4 Student Staff The preference is that the Successful Proponent will give first consideration to Trent Oshawa students for any and all vacant positions they are qualified to fill. 3.7.5 Health and Safety: The Successful Proponent and any sub-Successful Proponents shall comply with all Trent Health and Safety requirements and shall comply with any federal, provincial and municipal legislation and regulations pertaining to workplace health and safety and food safety. 3.7.6 Other University Policies and Regulations: The Successful Proponent will ensure that its employees adhere to Trent policies and regulations related to their activities while on campus. These policies include, but are not limited to:

• Alcohol Policy • Emergency management • Parking • Privacy • Sexual harassment • Smoking • Purchasing

These policies can be viewed on-line at: https://www.trentu.ca/secretariat/policies.php

3.8 Rights & Responsibilities of the Parties 3.8.1 Operating Rights & Responsibilities of the University:

• Supply foodservices space that can be locked and secured • Supply the related infrastructure and utility connections to allow the operation of

the supplied items and the items that have been provided by the Successful Proponent and approved by the University

• Supply heat, light, power, hot and cold water, with sufficient outlets and connections to meet the requirements of operating the foodservice equipment including sanitary standards

• Maintain, decorate, paint and repair the walls, floors and ceilings of the foodservice space

• Cleaning, maintenance and repair of all walls, floors, ceilings and windows in the dining area and public access areas of the foodservice space, grease interceptors and exhaust hood ducts and fans, if applicable

• Replace light bulbs, except for those used for merchandising, heating, signage and within equipment


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• Adequate telephones and access to high speed internet, with the cost for such services reimbursed by the Successful Proponent

• Appropriate security for the personnel and assets of the Successful Proponent • Appoint a suitable qualified and authorized contact to act as the liaison with the

Successful Proponent 3.8.2 Successful Proponent’s Rights & Responsibilities:

• General: o Manage and operate the café in an efficient and professional manner that

meets the high standards established by the University o Work with a committee made up of University, student, staff and faculty

representatives to ensure the needs of the campus community are being met

o Develop appropriate agreements with food service personnel, suppliers or other agents to enable it to comply with terms and condition of the final agreement between Trent and the café Successful Proponent.

o Develop and implement a quality assurance program with measurable results for tracking student satisfaction, quality of services, and market competitiveness.

o Submit a comprehensive Annual report to the University by the end of February of each year, including but not limited to:

� all financial information for the current fiscal year � analysis of past results � detailed budget projections versus actuals for each month � projected budget for the next fiscal year � justification for any proposed price increases � detailed schedule of proposed operational days and hours of

operation of the café � justification for operational plan changes � marketing initiatives � proposed improvements or capital projects

• Management & Employees:

o Provide qualified and experienced on-site food service management and supervisory personnel who shall be fully responsible for the supervision of the café.

o Select and hire employees that are proficient, productive and courteous and follow a code of conduct that is compatible with that of the University

o Provide and train, motivate and discipline, at the Successful Proponent’s expense, all personnel (management and line staff) required for the effective operation of the café

o Assume full administrative responsibility for the wages and benefits for all café personnel

o Assume full responsibility for all persons employed by the Successful Proponent and all agents and/or sub-contractors


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o Provide all café personnel with appropriate items necessary for the proper operation of the café such as uniforms, name tags, safety equipment, disposable gloves, aprons, hairnets, etc.

o Ensure that all Successful Proponent personnel are familiar with and comply with University evacuation procedures

• Food & Menu

o Prepare all menus and price lists relating to the provision of the café. Prices and menus are subject to approval by Trent. Notify Trent in advance of any intended price changes. Any proposed price changes should be incorporated into the Annual Report submitted to the University no later than the end of February of each year, for the following year.

o Ensure quality ratings of raw food shall be no less than the Canada Grade A, Standard Number 1, or equivalent as the case may be for meat, fish, poultry, eggs, dairy products and produce. Ground Beef shall not exceed 20% fat content and canned goods shall be Canadian Fancy. No dented or rusted cans or products beyond the expiry date are permitted. All other products and condiments must be of comparable quality.

o Ensure that all foods served are wholesome and free from spoilage and decay. Uncooked items, such as fresh fruit and vegetables, shall be clean and free from blemish.

o Ensure that all bakery items shall be prepared on site or received from outside vendors fresh daily.

o Receive all food and supplies at the designated loading areas and promptly porter all food and supplies to the kitchen or designated food service areas. Ensure areas are kept clean and clear of debris.

o Ensure that all foods prepared, stored and served shall be at proper temperatures, in proper locations, attractive in appearance and in compliance with all health regulations.

o Provide nutritional information and product labeling as per any legislative requirements and endeavor to go beyond such requirements in order to provide consumers with sufficient information to make informed choices when making food purchases, including a production date or best before date.

o Foods that contain nuts, monosodium glutamate, or other substances that are potentially allergy-triggering and life-threatening to sensitive individuals will be clearly identified for the consumer.

o Plan menu patterns and develop all recipes combining high standards of nutrition and appetizing goodness.

o Actively and aggressively market the café to the campus and community.

• Operation: o Place orders and maintain an inventory of food products, goods and

supplies necessary and appropriate for an efficient operation and supply necessary working capital for the effective operation of all services.


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o Negotiate purchasing contracts with all suppliers for food and services related to the operation of the café.

o Identify and obtain all necessary permits and licenses as required by law for the operation of food services. The Successful Proponent will be responsible for ensuring, at the Successful Proponent’s expense, all café personnel hold all applicable certifications to operate the café effectively on campus.

o Provide all necessary disposables, trays and utensils. o Provide all dishes, cutlery, glassware, kitchen utensils, catering equipment

and supplies, pots, pans and other relevant small wares required for the effective operation of the café.

o Consult with Trent regarding hours of operation, sales levels, staffing levels, and other relevant details pertaining to the level and quality of food services provided.

o With the approval of Trent, purchase and install any/all decorative lighting, signage, menus

o Responsible for payment of own telephone and facsimile charges (including any requests for additional data and voice drops).

o Demonstrate environmental and energy awareness and the responsible for minimizing waste in any form and to participate in University environmental projects. The Successful Proponent will adhere to all municipal, provincial, federal, and University guidelines for recycling and composting, and partner with the University to meet these goals.

o Be responsible for locking all doors and rooms in its assigned area as well as assuring the security of all food related inventories. The Successful Proponent must turn off lights, water, fans, etc. when not in use so as to conserve energy costs.

• Health, Safety, Maintenance

o Adequately protect the premises under their care, facilities and equipment provided to the Successful Proponent by Trent.

o Inform Trent immediately of any equipment malfunctions that will affect operations and potential repair requirements. Trent will not be liable for any loss or damage arising from food spoilage resulting from any cause including breakdown or interruption of electrical or mechanical equipment or the supply of utility or building services.

o Ensure the safety of all café personnel and customers. o Comply with all statutory requirements regarding safety practices and

follow directions from representatives of Trent for additional precautions that conform to Trent’s practices and procedures as well as all precautions to prevent fire from occurring in or about the premises, and shall observe and comply with all laws and regulations in force respecting fire prevents systems, and with all instructions given by Trent.

o Comply with recognized Safe Food Handling procedures. o No employee with open wounds or communicable disease will be allowed

to prepare or package food for consumption at any time.


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o Employees handling food shall utilize food service approved latex gloves, or equivalent, for the handling and serving of food.

o Employees handling cash shall NOT prepare, touch, or handle food without properly washing hands and wrists thoroughly, as mandated by the local Health Department.

o Provide Trent copies of health certificates, inspection and safety reports concerning the café premises made by authorized parties upon receipt, within 5 working days of the review, including an action plan to remedy any deficiencies.

o Ensure all requirements of the current Workplace Hazardous Materials Information System (WHMIS) legislation are followed, and provide WHIMIS training to all café employees.

o Trent reserves the right to inspect and examine at any time with or without notice all café spaces under the Successful Proponent’s control and to undertake at the expense of the Successful Proponent any necessary cleaning or corrective procedures where the Successful Proponent has failed to fulfill his obligations to maintain the facilities and equipment.

o Working with Trent, the Successful Proponent will coordinate two deep cleaning cycles each year for the walls, floors, carpets, ceilings, vents, diffusers, and similar items, as a cost to the University.

o Maintain excellent sanitation of all food services areas that meet or exceed all applicable federal and provincial health agency standards and requirements.

o Comply with all municipal, provincial and federal health and sanitation standards, laws, regulations, orders and warnings as they apply to the café operations.

o Agree that Trent may engage the services of a qualified third party to provide unscheduled inspections of the café under the care and control of the Successful Proponent. The Successful Proponent shall then meet with Trent’s designate and discuss the findings of the report submitted. Corrective and/or future preventative maintenance shall then be agreed upon between the Successful Proponent and Trent.

o Provide all chemicals required for the effective sanitation of the food service areas and equipment.

o Clean all visible surfaces and filters on exhaust hoods, cooking equipment, walls below eight feet in the kitchen area and behind all food service equipment. Trent will arrange for, at its cost, the regularly cleaning of exhaust hoods, duct work and fans.

o Remove recyclables, compostables, trash and garbage from the café and distribute to areas designated by Trent.

o Establish all proper sanitation procedures indicative of competent food service management and be responsible for the sanitation methods pertaining to washing of all service wares including dishes, pots, and utensils as well as cleaning of all food service equipment.

o The Successful Proponent will provide daily cleaning of all walls, floors, windows, doors and similar items within the café, kitchen, receiving areas,


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storage areas and all like spaces that form part of the café space that are under the control of the Successful Proponent. Further, the Successful Proponent will, throughout the day, regularly clean and wipe the tables and chairs and clean up any spills in the dining area. This includes the clearing of dishes and debris, and the continuous adjustment of furniture to its proper location to ensure a professional appearance is maintained and provided to meet ongoing operational and customer satisfaction.

o Prudent management and maintenance of the food service equipment that will provide for a longer useful life and reduce capital replacement costs in the future.

• Financial: o Provide the required operating and financial reporting. o Maintain proper monthly revenues and expenses information about the

food services operations based on the University’s fiscal year May 1 to April 30. Trent shall have the right at all times to inspect these statements. The Successful Proponent will allow Trent or its representative access to all accounting records, including but not limited to cash register tapes, sales reports, sales journals, payroll journals, other books of original entry and the general ledger in order to verify the accuracy of sales reports if so requested by Trent.

o Payment of all applicable taxes required in connection with food services operations. Hold Trent harmless from any and all claims arising from unpaid taxes.

o Be responsible for the collection, counting and deposit of cash transactions. Trent will not be responsible for any loss, disappearance, or misappropriation of cash in control of the Successful Proponent.

o Obtain general liability insurance in the amount of $5 million and an indemnification clause for Trent University.

[End of Part 3]


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PART 4 MANAGEMENT MODEL & FINANCIAL RETURN TO THE UNIVERSITY

4.1 General The University is interested in a contractor managed Profit and Loss management model, with a financial return to the University based on a combination of some or all of:

• Guaranteed minimum annual return • A commission or similar return as a percentage of sales • In kind donations or support of events on campus

*Provide a proposed financial model that includes:

• a budget for sales and expenses for each of the first three years

• demonstrates the proposed return to the University.

4.2 References *Each Proponent must submit a list of past and present experience with food service operations and management. The list must include dates, locations and a reference for each experience noted, including a contact name and phone number. Comments to describe individual experiences are to be limited to 50 words or less. References may be contacted at the sole discretion of Trent University.

4.3 Submission Requirements

In addition to the items identified with an asterisk “*” (sections 1,3, 3.3.4, 3.5, 3.7.2, 3.7.3, 4.1 and 4.2 and as highlighted in section 2.7) and shown in italics throughout this document, respondents must also provide:

• a company overview, detailing the length of time in business and the ownership • processes for ongoing evaluation of service, quality and customer satisfaction • processes for ongoing communication and reporting to Trent University.

Proposals should be clear and brief and presented in a manner that follows the order of the RFP document.

[End of Part 4]


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APPENDIX A – DRAWINGS OF FOOD SERVICE SPACE

4 Pages provided as a separate document.


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APPENDIX B - Draft Form of Agreement

SERVICES AGREEMENT

THIS AGREEMENT made as of the __ ___ day of __ ____________, 2014 BETWEEN

(Hereinafter referred to as “the Contractor”) AND TRENT UNIVERSITY (Hereinafter referred to as “University”) WHEREAS the University wishes to contract for ____________________provided by ______________________ and whereas the Contractor desires to provide the services; NOW THEREFORE this Agreement witnesses that in consideration at the mutual covenants and other good and valuable consideration contained herein the parties hereby covenant and agree as follows:

The University agrees to retain the Contractor to provide _____________as set forth in Schedule “A” (RFP 2014 ___________LH) and the Contractor agrees to provide such services to the University as outlined in Schedule “B”.

1. Representations and Warranties

All representations, warranties and covenants in the Agreement shall continue in full force and effect after the expiry or termination of this Agreement.

2. Term of the Agreement


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The Contractor shall provide the services pursuant to this Agreement for the period commencing the week of __________ and ending the week of ______________subject to earlier termination as hereinafter provided for.

3. Applicable Standards TBD

4. Parking and on site office space TBD.

5. Consideration TBD

6. Sales Tax (HST) The Contractor shall collect HST in accordance with the application legislation. The Contractor shall remit such HST to Revenue Canada and further agrees to indemnify the University for all such monies if the Contractor fails to do so.

7. Privacy Protection & Freedom of Information The University is subject to the Ontario Freedom of Information and Protection of Privacy Act ("FIPPA) As a Contractor with Trent University, we are attaching for your information (Schedule “D”) a copy of Trent University’s Privacy Schedule. All individuals and companies that have a commercial relationship with the University are expected to comply with applicable privacy legislation and any other privacy legislation as required through your professional affiliation and governing body.

8. Materials and Equipment The Contractor shall supply, at its own expense materials and equipment necessary to provide the services under this Agreement. Office space on site will be provided on by the University as appropriate.

9. AODA Compliance As of January 1st, 2010, all public institutions and organizations, including universities, must be in compliance with the Customer Service Standard of the Accessibility for Ontarians with Disabilities Act (AODA). The same standard applies to all persons (including contractors and sub-contractors) who deal with the public or other third parties at, or on behalf of the University. All contractor staff will complete AODA training prior to the commencement of this contract.


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10. Dispute Resolution In the event of a dispute over service delivery, the University and the Contractor will review the issue and agree on a mutually acceptable solution. The terms and provision of this Agreement shall prevail and have precedence in meaning.

11. Notice

All notices, requests, demand or other communications (collectively, “Notices”) required to be given by one party to any other shall be given in writing, by personal delivery, registered mail, or by facsimile transmission as follows:

Contractor: University: Trent University

Tel: (705) 748-1011 1600 West Bank Drive Peterborough, Ontario K9J 7B8

Attention: or at such other address as may be given by a party to the other party in writing

from time to time. All notices shall be deemed to have been received when delivered or transmitted by facsimile, or, if mailed, 48 hours after 12:01 a.m. on the day following the date of mailing.

12. Return of Property

Upon expiry or termination of the Agreement, the Contractor shall return to the University, any property, documentation, or other confidential information that is the property of the University.

13. Employment Status

The Contractor agrees that all services under this Agreement will be performed by them and that all material times the Contractor shall be considered self-employed. The Contractor warrants that they are responsible for all wages, statutory remittances and other relevant deductions required by law arising out of the employment of personnel.

14. Workers Compensation and Employer Health Tax

The Contractor shall be responsible for Workers Compensation payments payable in respect of the services supplied to the University pursuant to this Agreement and agrees that they will be solely liable for any obligation arising pursuant to the Workers Compensation Act. Proof of contribution to the WCB Accident Fund is required in respect of all individuals supplied by the Contractor to the University under this Agreement.


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15. Indemnity by the Contractor The Contractor shall, during and after termination or expiry of this Agreement,

indemnify and hold the University safe and harmless from and against any and all damage or injuries to persons or property, or claims, action, obligations, inabilities, costs, expenses and fees whatsoever at law or in equity, arising from or by reason of any action taken by the Contractor, its agents and employees outside the scope of its authority hereunder or by reason of a wrongful or negligent act or omission of any nature whatsoever of the Contractor and it agents and employees.

16. Indemnity by the University

The University shall, during and after the termination or expiry of this Agreement, indemnify and hold the Contractor safe and harmless from and against any and all damages or injuries to persons or property, or claims, actions, obligations, liabilities, costs, expenses and fees whatsoever at law or in equity, arising from or by reason of any action taken by the University, it agents and employees, outside the scope of its authority hereunder or by reason of wrongful or negligent act or omission of any nature whatsoever of the University and its agents and employees.

17. Insurance

The Contractor shall keep in effect during the term of the Agreement, for the protection of the University and itself, general liability insurance in the minimum amount of $5 million per claim. The Contractor shall provide proof of insurance to the University prior to the commencement of the Agreement.

18. Independent Legal Advice

The parties acknowledge and agree that the opportunity to seek legal advice was offered prior to executing this Agreement.

19. Assignment of the Agreement

Neither party may assign this Agreement without the mutual consent of the other party.

20. Severability

The University and the Contractor agree that if any of the provisions or a part of a provision of this Agreement are deemed illegal or unenforceable, such provisions shall be considered separate and severable from this Agreement and the remaining provisions of the Agreement shall continue to be in force, and be binding upon the parties as through such provision or part of a provision and had never been included.


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21. Capacity of the Contractor It is acknowledged by the parties that the Contractor shall be retained by the University in the capacity of an independent Contractor and not as an employee of the University. The Contractor and the University acknowledge and agree that this Agreement does not create a partnership or joint venture between them.

22. Schedules

All Schedules attached to this Agreement form part of the Agreement.

23. Entire Agreement This written instrument and the attached Schedules constitute the entire agreement between the parties. There are no other agreements, understandings, representations or warranties, collateral, oral or otherwise.

24. Governing Law Any disputes as to the validity, interpretation, performance of this Agreement shall be determined in accordance with the laws and by the Courts of the Province of Ontario.

24. Notice of Termination The Contractor and the University agree that either party may terminate this Agreement upon -- days written notice prior to the termination.

25. Termination upon Default

If a party fails to observe or perform any of the terms, covenants or conditions contained in this Agreement (the “Defaulting Party”), provided the other party first gives the Defaulting Party two (2) weeks written notice of any such failure to perform and the Defaulting Party within such period of fourteen (14) days fails to commence diligently and thereafter to proceed diligently to cure such failure to perform to the other party, in addition to any other right or remedies it has pursuant to this Agreement or by law, has the right to terminate the Agreement effective immediately.

Accepted on Behalf of: Trent University _____________________________ ________________________________ Lorraine Hayes Manager of Purchasing Services


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Date:________________________ Date:__________________________ Accepted on behalf of the Contractor: _________________________________ _________________________ _________________________________ _________________________ Date