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REQUEST FOR PROPOSAL

RFP #12-10

CAFETERIA SERVICES Issue Date: Thursday, June 21, 2012 Issued by: Halton Catholic District School Board Closing Date: Monday, July 9, 2012,

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HALTON CATHOLIC DISTRICT SCHOOL BOARD

REQUEST FOR PROPOSAL RFP#12-10

CAFETERIA SERVICES

TABLE OF CONTENTS

1. Information to Proponents Page 2

2. Acceptance of Proposal Form Page 3

3. Proposal Terms and Conditions Page 5

4. General Information Page 17

5. Scope of Work Page 17

6. Mandatory Requirements Page 17

7. Evaluation Criteria Page 26

8. APPENDIX A – Listing of School Locations Page 27

9. APPENDIX B - Pricing Sheet Page 28

10. LABEL FOR DELIVERY OF PROPOSAL Page 31

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HALTON CATHOLIC DISTRICT SCHOOL BOARD

INFORMATION TO PROPONENTS

REQUEST FOR PROPOSAL - RFP#12-10

CAFETERIA SERVICES

Sealed proposals shall be submitted on the attached proposal form to:

Craig Harling, Manager, Purchasing Services Halton Catholic District School Board

P.O. Box 5308, 802 Drury Lane, Burlington, Ontario. L7R 4L3

Before the specified closing time of 2:00:00 PM (HCDSB DIGITAL CLOCK) on the closing date

CLOSING DATE OF THIS PROPOSAL – Monday, July 9, 2012, 2:00 pm

All proposals must comply in accordance with all regulations, terms, conditions and specifications set forth in the proposal document. Restrictive or conditional statements by the Proponent on the Request for Proposal (RFP) will subject the proposal to disqualification. Any clarification of the Request for Proposal documents required by the submitter, prior to submission of its proposal shall be requested through the Purchasing Department of the Halton Catholic District School Board. Any such clarifications so given shall not in any way alter the proposal documents and the supplier and the Board hereby agree that in no case shall oral arrangements be considered. No Officer, Agent or Employee of the Board(s) is authorized to alter orally any portion of the document. The Halton Catholic District School Board (HCDSB or Board) reserves the right to accept or reject any proposal, whichever, in the Boards opinion is in its own best interest. Late bids will not be considered or accepted. Faxed or emailed bids will not be considered or accepted. Bids not appropriately signed as an original document will be rejected. FOR FURTHER INFORMATION OR ENQUIRIES, PLEASE CONTACT:

THE HALTON CATHOLIC DISTRICT SCHOOL BOARD, CRAIG HARLING,

MANAGER, PURCHASING SERVICES 802 Drury Lane, Burlington, Ontario L7R 4L3

Telephone: 905-632-6300, ext.136, Fax: 905-632-3766 E-mail: harlingc@hcdsb.org

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ACCEPTANCE OF PROPOSAL FORM

HALTON CATHOLIC DISTRICT SCHOOL BOARD

RFP#12-10 CAFETERIA PROVIDER

I/We do hereby agree to supply and/or install the materials, equipment and services as provided herein in accordance with the terms and conditions of this proposal. No other conditions shall apply. I/We have read, understood and agree to abide by all terms and conditions contained in this document and we are authorized by the Proponent to bind the firm. I/We declare that this proposal is made without collusion, knowledge, comparison of figures or arrangement with any other company, firm or person submitting a proposal for the same work and is in all respect fair and without collusion or fraud. I/We declare that to our knowledge no member of the Board of Trustees, and no officer or employee of the Board is, will be, or has become interested, directly or indirectly, as a contracting party, partner, or in the supplies; work or business in connection with the said Contract, or in any portion thereof, or of any supplies to be used therein, or in any monies to be derived there from.

Acceptance of this Proposal will be made by Purchase Order (where applicable)

FAILURE TO SIGN THIS DOCUMENT OR AFFIX YOUR CORPORATE SEAL WILL RESULT IN YOUR BID BEING REJECTED.

I/WE HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY ALL TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT AND WE ARE AUTHORIZED BY THE PROPONENT TO BIND THE FIRM.

PAYMENT TERMS: _________________________________________________________ COMPANY: _________________________________________________________ DATE: _________________________________________________________ AUTHORIZED SIGNATURE: __________________________________________________ PRINT NAME: _________________________________________________________ TITLE: _________________________________________________________ PHONE NUMBER: _________________________________________________________ FAX NUMBER: _________________________________________________________ E-MAIL: _________________________________________________________ Note: A purchase order number will not be issued to a successful Proponent unless all required documentation as noted above has been received and has been confirmed as being in order.

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Request for Proposal RFP#12-10

CAFETERIA SERVICES

PROPOSAL TERMS AND CONDITIONS

INTENT The intent of this document is to procure for the Halton Catholic District School Board the goods and/or services indicated in accordance with the specifications outlined herein. To this end, the evaluation process in determining which bid will result in an award will consist of consideration being given to: price, delivery, quality of goods/services, performance and any special or extra costs involved therein, enhancement to minimum specifications and Proponent qualifications, both financial and reliability. ACCESSIBLITILY FOR ONTARIOIANS WITH DISABILITES The Respondent shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The Respondent acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Board must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. This legislation can be accessed through the following link to the Government of Ontario's website: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_05a11_e.htm ADDENDUM All questions pertaining to this proposal should be in writing, addressed to: Craig Harling, Manager, Purchasing Services, by email harlingc@hcdsb.org or fax (905-632-3766). Should questions raised by a Proponent necessitate an addendum to this Request for Proposal; each registered Proponent will receive a copy of the addendum. Addenda will also be posted on the Biddingo website: www.biddingo.com and the Halton Catholic District School Board website: www.hcdsb.org. Acknowledgement of addenda will be copied and signed with the bid document to indicate that the Proponent has received the addenda in its entirety, has read and understood its content, and all addenda were considered when the bid was prepared. Submissions which do not provide evidence of receipt of addenda as requested in each addenda document may be

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rejected by the HCDSB as non-compliant. It is the responsibility of the Proponent to have received all addenda issued by Purchasing. All questions shall be forwarded in writing at least seven (7) working days prior to the closing date of the RFP. ADDENDUM/REVISIONS Addendum/revisions to this Bid will be issued by the Purchasing Department only. No representative of the Board is authorized to amend or waive the terms of the Bid document in any way unless the amendment or waiver is signed by a representative from the Purchasing Department. ADDITIONAL SERVICES Any additional services or programs you, the Proponents are prepared to offer are to be clearly outlined on your Company’s letterhead and enclosed with this proposal. If any of the additional services and/or programs identified will result in additional costs to the Halton Catholic District School Board, they must be clearly presented and submitted with your proposal. ALTERATIONS & CANCELLATION OF PROPOSAL The Halton Catholic District School Board reserves the right to alter the date of this proposal ASSIGNMENT / SUBCONTRACTING The Proponent agrees not to assign or subcontract any of the work or obligations required under this agreement or the agreement it unless the Proponent obtains the prior written consent from the Halton Catholic District School Board, which may be withheld for a good cause. In addition, in the event that a Proponent merges with another company or there is a change in voting control of the Proponent, or the Proponent sells its assets to a third party, the merger, change in voting control, or sale of assets as the case may be, will constitute an assignment and the Board will be entitled to cancel the agreement on at least 30 days notice from the date of disclosure, or from the effective date of merger, change or sale, whichever is sooner. ACCEPTANCE AND AWARD OF SUBMITTED PROPOSAL If only a single response is received for evaluation the Board will notify the respondent that its submission is the only one received for evaluation and, upon being so advised, the respondent may:

1. Request the Board to return the submission unopened and the Board agrees forthwith to do so; OR

2. Authorize the Board to open the submission, but, in that case, the respondent specifically agrees that the Board is not required to award the contract and may

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reject the response even if the submission is compliant.

The Board is under no obligation to award the contract where only one response is received for evaluation. AWARD STRATEGY The lowest or any proposal is not necessarily accepted unless otherwise stated; the Board reserves the right to accept any portion thereof. The proposal will be awarded to the respondent who, in the sole judgment of the School Board, provides the best overall value. The School Board will not be obligated to select the lowest cost or any proposal. The final award will be based on the submission that complies with the provisions of this bid solicitation, including specifications, contractual terms and conditions, and who can reasonably be expected to provide satisfactory performance on the proposed contract based on reputation, references, performance on previous contracts, and sufficiency of financial and other resources. No proposal shall be deemed to be accepted by the Board until such time as notice in writing of the acceptance thereof has been forwarded by the Board to the successful Proponent hereinafter disclosed. Upon issuance of a purchase order, the Proposal document shall serve as a binding contract between the successful Proponent and the Board. The Halton Catholic District School Board reserves the right to request specific requirements not adequately covered in the initial submission and clarify information contained in the Proposal. The Halton Catholic District School Board reserves the right to cancel this Proposal at any time, without penalty or cost to the Halton Catholic District School Board. This Proposal should not be considered a commitment by the Halton Catholic District School Board to enter into any contract. The Board reserves the right to reject the Proposal of any Proponent who does not furnish satisfactory evidence of sufficient qualification, to successfully execute and complete the work. Past performance of firms submitting Proposals shall also be a consideration. In the event of any disagreement between the Halton Catholic District School Board and the Proponent regarding the interpretation of the provisions of the Proposal, the representative of the Halton Catholic District School Board or an individual acting in that capacity shall make the final determination as to interpretation. BID FORMAT No oral, telegraphic, telephone or facsimile proposals will be considered. Proposals which are late, illegible, presented in pencil, not original, or unsigned, will be rejected. Where other information is requested, this information forms a part of the proposal and must be completed. The envelope must be clearly marked with the appropriate proposal name and number on the outside of each envelope. The envelope must be clearly marked with the company name of the Proponent. BID OWNERSHIP

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All information obtained by the Proponent in connection with this proposal is the property of the Halton Catholic School Board and must be treated as confidential and only used for the purpose of replying to this Proposal, and for fulfillment of any subsequent contract. PROPONENTS KNOWLEDGE The submission of the proposal shall be deemed proof that the Proponent(s) is satisfied as to all the provisions of the proposal, of all the conditions which may be encountered, of what materials/services they will be required to supply, or any other matter which may enter into the carrying out of conditions of the proposal, to a satisfactory conclusion. No claims will be entertained by the Board based on the assertion by the Proponent(s) that they were uninformed as to any of the provisions or conditions intended to be covered by this proposal. CHANGES TO PROPOSAL Any changes or revisions will be issued as a formal addendum to all Proponents. All addenda will be signed and acknowledged by Proponents, and included in the bid response. CLAIMS Claims made in the proposal shall constitute contractual warranties. Any provision in the proposal may be included in the contract as a direct provision thereof at the option of the Board. The contract shall contain the terms and conditions and be in the format prescribed by the Board. The Board considers each provision in this proposal of importance and will not accept alterations which destroy the fundamental intent thereof. If alterations are suggested, their wording should be carefully considered, since an unacceptable alteration to any provision may affect the acceptability of the Proponent’s proposal. COLLUSION The vendor declares that the proposal is not made in connection with any other vendor submitting a proposal. CONFLICT OF INTEREST All Proponents must declare any and all conflict of interest relationships that may exist or may be seen as a potential conflict of interest, whether real or implied. CONTRACT The contract will be governed by and interpreted in accordance with the Laws of the Province of Ontario.

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DEBRIEFING The Halton Catholic District School Board, at the request of the Proponent who responded to the RFP, will conduct a debriefing after the award of the contract to the unsuccessful Proponent as to why that Proponent’s proposal was not selected. Proponents must submit their request for debriefing within thirty (30) days of award of the bid. DEFAULT BY THE VENDOR In the event of the default of the Vendor in complying with the terms and conditions hereof or in supplying and delivering the goods and services in accordance with the terms of the Request for Proposal submitted or of the acceptance order thereto, the Purchaser shall be entitled and at liberty to procure the goods or services from other sources and the Vendor shall be liable to pay for any and all costs whatsoever in excess of the Request of Proposal price caused by or resulting from such default and the Vendor hereby indemnifies and save harmless the Purchaser from any and all such costs. DELIVERY Time is of the essence for the delivery or provision of the goods and services requested herein. Failure to comply with the time schedule herein may result in the Board taking further action to obtain an alternative supply, in which event the cost incurred shall be charged to the vendor, up to the time that the goods or services are delivered or provided. If such cost is not paid by the vendor, it shall be deducted from the balance of the purchase price owing. Where it is not possible to obtain the goods or services by the specific time, the Board reserves the right to cancel the contract and charge back the difference between the contracted bid price and the acquisition cost of the alternate goods or services. DISCREPANCIES AND OMMISSIONS Proponents shall promptly examine the entire bid document after receipt. Subject to the conditions governing the withdrawal of and errors in the RFP, a Vendor discovering discrepancies or omissions in the specifications provided by the Purchaser or having doubt as to the meaning or intent of any part thereof shall notify the RFP Co-coordinator in writing at least seven (7) working days prior to the closing date of the RFP. If necessary and time permits, Addenda may be issued to all respondents before the closing date. It is hereby understood and acknowledged that the Purchaser shall not be held liable or responsible for verbal instructions or explanations. Written Addenda issued by the Purchaser during the time of the RFP process shall become an integral part of these conditions, instructions and shall be allowed for in arriving at the bid price(s). One copy must be signed and attached to the RFP document. Each Proponent shall be responsible for verifying with the co-coordinator of the RFP before depositing its bid that they received all Addenda that have been issued. The Purchaser reserves the right to distribute any and all questions and answers to all other respondents.

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DISQUALIFICATION CLAUSE The Board reserves the right to disqualify and immediately remove from eligibility to submit bids for an indeterminate period, the name of any Vendor, which will include the names of such Vendor’s principals, and the names of any other business which may be operated by such principals, for failure to carry out its obligations for the entire term under any previous award or resulting contract pursuant to a bidding process with the Board, in the sole and unfettered discretion of the Board.

ENVIRONMENTAL CLAUSE The Halton Catholic District School board requires that all products and services including all parts and portions thereof and pre-work thereto delivered to and performed on behalf of and on the premises and facilities of the said agency must be compliant with the Canadian Environmental Protection Act, 1999 and all its related regulations, codes of practices and guidelines. FAILURE OR UNSATISFACTORY PERFORMANCE The Halton Catholic District School Board reserves the right to immediately remove from eligibility to submit bids for an indeterminate period, the name of any Proponent for failure to accept contract, or the name of any Proponent for unsatisfactory performance of the contract in the opinion of the Halton Catholic District School Board. Further, the vendor must be prepared, if requested, to present evidence of experience, ability, capacity, and financial resources and reputation deemed necessary by the Board in the performance of the contract. The Board reserves the right to investigate a vendor's claim or background at any time and in any manner deemed appropriate by the Board. FINANCIAL VIABILITY The Board may require proof of the respondent’s financial viability to ensure the respondent’s ability to complete all contractual obligations. FUNDING OUT CLAUSE Should the Board fail to appropriate funds to enable continued payment of multi-year contracts/purchase orders, the Board may cancel the contract without termination charges, provided the successful Proponent receives thirty (30) days written notice of such termination from the Board. INSURANCE The successful Proponent will obtain a comprehensive policy of public liability and property damage insurance coverage with an insurer licensed to carry on business in the Province of Ontario, in respect of any one accident to a minimum of $2,000,000 exclusive of interest and costs, against loss of damage resulting from bodily injury to, or death of, one or more persons and loss of, or damage to property and such policy shall name the Board against all claims for

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all damages to any property of the owner of any other public or private property resulting from or arising out of any act or omission on the part of the successful Proponent or any of his/her servants or agents during the execution of the contract and the successful Proponent shall (unless otherwise stated in this document) within seven working days of being notified of award of Proposal, forward to the Purchasing Department of the Board a valid Certificate of Insurance naming the Board as an Additional Interest. The successful Proponent(s) will also provide yearly, proof of current insurance coverage. If the successful Proponents vehicles are used on Board property, the successful Proponent shall carry and maintain until acceptance of the completed work, third party liability insurance coverage for both owned and non-owned motor vehicles in the sum of $2,000,000 per occurrence and (unless otherwise stated in this document) within seven working days of being notified of award of proposal, forward a valid Certificate of Insurance to the Purchasing Department of the Board. The successful Proponent(s) agrees to indemnify, hold harmless an defend the HCDSB from and against any and all liability for loss, damage and expense, which the HCDSB may suffer or for which the HCDSB may be held liable by reason or injury (including death) or damage to any property arising out of negligent or wilful acts on the part of the successful Proponent(s) or any of its representatives or employees or subcontractors in the execution of the work performed or from defects in any equipment supplies. INDEMNIFICATION Notwithstanding anything else in the bid, any express or implied reference to the Board providing an indemnity or any other form of indebtedness or contingent liability that would directly or indirectly increase the indebtedness or contingent liabilities of the Board, whether at the time, whether at the time of execution of the bid or at any time during the Term, shall be void and of no legal effect. The Vendor hereby agrees to indemnify and hold harmless the Board, it’s Director’s, Superintendant’s, Trustees, Employees and Agents (the indemnified parties) from and against all liability, loss, costs damages and expenses (including legal, expert and consultant fees), causes of actions, actions, claims, demands, lawsuits or other proceedings (collectively, “Claims”), by whomever made, sustained, incurred, brought or prosecuted, including for third party bodily injury (including death), personal injury and property damage, arising out of, or in any way connected with anything done or omitted to be done by the Vendor, its subcontractors or their respective directors, officers, agents, employees, partners, affiliates, volunteers or independent contractors, under or otherwise in connection with this bid or a subsequent contract arising hereunder. The Vendor further agrees to indemnify and hold harmless the Indemnified Parties from any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization, including, without limitation, the Board, claimed or resulting from such Claims. The obligations contained in this paragraph will survive the expiry or termination of this bid or a subsequent contract arising hereunder. IRREVOCABLE RESPONSE The proposal submitted is irrevocable by the Proponent and will remain in effect and open for acceptance for a minimum period of ninety (90) days following the closing date unless otherwise specified.

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MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Information provided by a Proponent may be released in accordance with the Municipal Freedom of Information and Protection of privacy Act, R.S.O. 1990, c. M.56 as amended. A Proponent should identify any information in its bid or any accompanying documentation for which confidentiality is to be maintained by the Owner, by clearly marking same “CONFIDENTIAL”. The confidentiality of such information will be maintained by the Owner, except where an order by the Information and Privacy Commission or a Court or other governmental authority having jurisdiction requires the Owner to do otherwise. Notwithstanding the foregoing, prior to the Owner’s determination that any parts of this bid are to be disclosed as required by law, the Proponent shall be provided with written notice of the potential disclosure and accorded all rights that it may have in law including the right to challenge such disclosure. In addition, Proponents are hereby notified that their bids will, as necessary, be disclosed on a confidential basis to the Owner’s advisors retained for the purposes of evaluating or participating in the evaluation of the bid. PERSONAL INFORMATION Any personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act that is collected as part of this process shall be used only to assess the qualifications of the individuals with respect to providing the required project/services. NEWS RELEASE/PUBLICITY The Proponent(s) shall not make any news release concerning this bid or awarding of the same or resulting contract(s) without the express consent of the Board.

ORAL INFORMATION No information given orally by the Board or by means of telephone, will be binding nor will it be so construed as to change the requirements of a proposal in any way. PRICING Prices entered on the attached Bid Sheet(s) shall be net prices, in Canadian Dollars, delivered prepaid, F.O.B. destination in the Board and shall include Duty, Custom Clearances, Exchanges and all other charges. Harmonized Sales Tax is to be shown separately where indicated on the Bid Sheet(s). In the event of any discrepancy between the unit price and the extended total price, the unit price shall govern. Where applicable your bid must be extended and totaled. Prices are to remain firm for the duration as stipulated in the contract.

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PROPONENTS KNOWLEDGE The submission of the proposal shall be deemed proof that the Proponent(s) is satisfied as to all the provisions of the proposal, of all the conditions which may be encountered, of what materials/services they will be required to supply, or any other matter which may enter into the carrying out of conditions of the proposal, to a satisfactory conclusion. No claims will be entertained by the Board based on the assertion by the Proponent(s) that they were uninformed as to any of the provisions or conditions intended to be covered by this proposal. PURCHASE OF GOODS/SERVICES Requests to purchase goods/services will not be valid unless issued on an official purchase order form or agreement (where applicable) duly signed by the Manager, Purchasing Services, the Administrator of Finance, or the Superintendent of Business Services. SERVICE The Halton Catholic District School Board reserves the right to terminate the contract immediately should the Proponent fail to provide sufficient skilled forces to satisfy the expectations of the Board. The Board remains the final judge of these expectations. SETTLEMENT OF DISPUTES In the event of any dispute or claim arising between the Board and the vendor (contractor) as to their respective rights and obligations under the contract, either party may give the other written notice of such dispute or claim. The notification of dispute or claim shall be made within thirty (30) days of the dispute or cause of action arising. If dispute or claim cannot be resolved through negotiation to the satisfaction of both parties, the parties may between themselves agree to submit the particular matter to arbitration in accordance with the laws of Ontario. If no agreement is made for arbitration then either party may submit the dispute to such judicial tribunal as the circumstances may require. STANDARD FORM CONTRACTS A Proponent must submit any standard form contracts with the Proponent’s submission to allow the Board to review the contents prior to award. In additional, the Proponent acknowledges and agrees that if there are any inconsistencies between this Request for Proposal and any other proposed contract, the provisions of the RFP will govern and prevail. If an agreement cannot be signed within ninety (90) days following award, the Board reserves the right to terminate negotiations within the Proponent and enter into negotiation with the next highest scoring Proponent or any other Proponent, at its sole discretion.

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SUBMISSION PROCEDURES Proposals must be completed on the forms provided. Proposals not completed as requested may be rejected by the Board acting in its absolute discretion. Proposals should be numbered and follow the format of the Request for Proposal for ease of evaluation Proposals must be signed, in the spaces provided, in ink, in longhand, by the submitter or such person who is authorized by the submitter, the Board may accept the signature as being that of a person that is authorized to submit a proposal. Any unsigned Proposal will be declared invalid. Each tender submission form (where applicable) must be submitted completely for the tender to be considered. A failure to reply can result in the removal of your firm from the proposal list. Performance includes delivery, number of back orders, follow-up on problems that may arise, substitutions on items or service. The Halton Catholic District School Board is not liable for any costs incurred by the Proponent in the preparation of their response to the Proposal or presentation/interviews, if required. Furthermore, the Halton Catholic District School Board shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non-acceptance, withdrawal by the Halton Catholic District School Board of any proposal, or by reason of any delay in the award of the Proposal. TAXES All taxes are to be shown separately in this bid. TERM OF CONTRACT The term of the contract shall be five (5) years total, commencing September 1, 2012 to August 31, 2015 with two (2), one (1) year extensions. TERMINATION In the event that the successful Proponent does not, in the opinion of the Board, comply with the specifications and terms of this contract at anytime throughout the duration of the contract, of if the Board, in its sole and unfettered discretion, determines that either their service or the equipment provided by the successful Proponent is unsatisfactory at any time during the term of the contract, the Board reserves the right to terminate the contract in its entirety. The contract may be cancelled upon thirty (3) days written notice by the Board.

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TIE BREAKER Should tie bids be received on any item or list of items with other things being equal, the Board will take into consideration the nature of the service given by any or all of the Proponents concerned in any previous dealings they may have had with the Board. Under no circumstances will the Board permit subdivision of orders to tie Proponents. Should all of these situations not define a clear tie breaker, a coin toss will prevail. Each proponent will be in attendance with at least one Board representative at the Board office. The proponents name drawn will be the winner. UNDERSTANDING OF BID REQUIREMENT It is the responsibility of the Proponent to understand all aspects of the Bid and to obtain clarification from the Board before submitting a Bid. However, a bid may be rejected if not complete or the Board may waive any minor errors. VENDOR’S RELATIONSHIP WITH THE BOARD All Services will be performed by the Vendor. The Vendor is an independent contractor providing Services to the Board and neither the Contractor nor the employees or agents of the Vendor will be construed as Board employees. This bid is a contract for a particular and non-exclusive service. The Vendor is not and will not hold itself out as an agent, employee or partner of the Board. As between the Board and the Vendor, the Vendor is solely responsible for all legally required employer and employee contributions and deductions for itself and its staff, including Worker’s Compensation, Canada Pension Plan, Unemployment Insurance and federal and provincial income taxes. VERBAL ARRANGEMENTS In all cases of misunderstanding and disputes, verbal arrangements will not be considered, but the Proponent must produce written authority in support of their contentions, and shall advance no claim in the absence of such written authority, or use, or attempt to use any conversation with any parties against the Board or in prosecuting any claim against the Board. OCCUPATIONAL HEALTH AND SAFETY ACT The Halton Catholic District School Board is committed to promoting health and safety in the workplace by preventing accidents, injuries and occupational illnesses. In keeping with this policy, all Vendors (and where applicable, their sub-contractors) should be aware of and abide by the Occupational Health and Safety ACT, R.S.O. 1990 prior to commencing, during and after completion of all work activities engaged in or on Board premises. The Service Provider shall comply with all Federal, Provincial and Municipal Laws, statutes,

regulations and by-laws, relevant to this Proposal including but not limited to:

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- The Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, as amended. - Workplace Safety and Insurance Act, effective January 1, 1998, as amended. - The Municipal Freedom of Information and Protection of Privacy Act, R.S.O.

1990, c. M.56, as amended.

WORKERS’COMPENSATION

1. Worker’s Compensation coverage shall be provided by the Contractor for all employees who are employed under the contract.

2. Proof of this coverage shall be presented to the Board by the successful bidder upon

award, within seven (7) days.

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HALTON CATHOLIC DISTRICT SCHOOL BOARD

RFP#12-10

CAFETERIA SERVICES GENERAL INFORMATION The Halton Catholic District School Board serves more than 29,000 students of all ages at 52 Catholic learning communities in Burlington, Halton Hills, Milton and Oakville. Our Board consists of 41 elementary schools, 8 secondary schools, as well as Continuing Education programs The Halton Catholic District School Board is issuing a Request for Proposal for the provision of Cafeteria Services from a qualified Cafeteria provider. The successful firm will demonstrate their expertise and professional reputation as an industry leader in providing cafeteria services. The Board is requesting proposals for the operation of cafeteria services for eight (8) Secondary Schools and one (1) Adult Learning Centre in accordance with the provisions outlined in this RFP. The Board shall grant the Successful Bidder(s) the exclusive right to operate the cafeteria facilities for the purpose of supplying food services to the students and staff members. The HCDSB reserves the right to award to one qualified bidder for all locations. All proposals must comply with the Canada’s Guideline for Healthy Eating, the School Food and Beverage Policy Policy/Program Memorandum No. 150. Should new schools open during the lifetime of this agreement, they shall be added to this contract under the same terms, conditions and commissions. Nothing in this proposal shall be construed to place any obligation on the Board that the Board in any way guarantees the profit of the successful respondent. The operation of the cafeteria’s shall be at the sole risk of the successful respondent and the Board shall not be held liable in any way for any loss or diminution of profits, and without limiting the generality of the foregoing, the Board shall not be liable for any loss resulting from the exercise of its rights hereunder to determine the content of menus and the items offered for sale. The successful respondent will be responsible for all operating losses incurred in the event that the total expenses exceed the gross profits. The Board will not be responsible for any loss of revenue due to changes in legal requirements for food or beverages restrictions or prohibitions in schools that may be imposed by any Provincial Government, Ministry or department. Each Secondary school Principal will be the Board designate to monitor cafeteria operations at the school. Any recommendations regarding changes to the cafeteria operations are to be referred to the Board Cafeteria Services Committee for final decision.

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The agreement will be for cafeteria services only. Special events requiring catering services will be contracted separately and will not be considered to be part of the cafeteria agreement. Such contracts may be with any Cafeteria Service provider or otherwise at the organizers choosing. An outside Cafeteria Service provider shall be entitled to access to the kitchen and the successful respondent shall be entitled to have an employee on duty to be paid by the outside Cafeteria Service provider. The Board shall resolve any dispute as to the rights of the outside Cafeteria Service provider under this agreement. The Board’s policy regarding the use of such facilities must always apply. SCOPE OF WORK

1.0 MANDATORY REQUIREMENTS Proponents must identify in their submissions the following mandatory requirements. Failure to attend shall be deemed sufficient cause for disqualification of a submission from further consideration for award.

1.1 There will be a Mandatory Site Visit. The Proponents will be notified of the date(s) and details of the site visit in writing.

2.0 GENERAL REQUIREMENTS

The Proponents must provide five (5) paper copies, one (1) of which shall be an original one (1) The Proponents must provide one (1) electronic copy Submit a brief summary on what makes your company different? (1 page) Provide evidence that the respondent has been operating as a Canadian Cafeteria Service company in the Province of Ontario for a period of five or more years. (1 page)

Provide evidence that the respondent has an established track record for providing successful cafeteria food service operations in secondary schools and/or industrial experience including years of service and number of sites currently operating. (1 page). NUTRITION CRITERIA In 2007 the Ministry of Education introduced the Healthy Food for Healthy Schools Act that took effect September 1, 2008. The Act addresses healthy eating in schools, including reduction of trans fat from foods and beverages sold in schools. All food and beverages sold in Ontario Schools must meet the nutrition standards set out in the Policy/Program Memorandum 150 (hereinafter referred to as PPM150) which can be viewed through: http://www.edu.gov.on.ca/extra/eng/ppm/ppm150.pdf

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Each proposal submission must include information about how specific ‘nutrition’ policies and procedures will be adhered to. Menu options including all standard daily items plus daily specials shall be displayed prominently at each site. Pricing for all items offered for sale must be posted. It is imperative to the Board that prices are standardized and all students have equal access to equivalent services in every school. 3.0 REQUIREMENTS OF THE CAFETERIA SERVICE PROVIDER 3.1 The supplier shall manage and operate the food services for both students and staff as shall be required by the Board for such persons as the Board authorizes to be served by the Supplier in the Board’s cafeteria at the schools and the Education Centre. 3.2 The preparation of both hot and cold foods and beverages are to be made available for breakfast and lunches. 3.3 The planning of menu patterns and the development of all formulae combining high standards of nutrition and appetizing goodness and the supplier agrees to provide daily specials which are repeated infrequently to offer students an interesting variety of food. 3.4 The Supplier also agrees to employ or consult with a dietician in order to ensure that healthy, well balanced meals are offered and presented in an appetizing manner in accordance with the School Food and Beverage Policy -Policy/Program Memorandum No. 150. The name of such dietician must be supplied to the Principal of the school upon execution of this Agreement. 3.5 At the expense of the Supplier, the purchasing of all food and other supplies, maintenance of adequate inventories, and the production and processing all foods, utilizing proven formulae and exact food preparation controls. 3.6 The firing, training, supervision and discipline of all of the Suppliers employees for the efficient operation of all Food Services. The Board reserves the right to demand the removal of any of the Supplier’s employees engaged in the Contract, if in the Board’s opinion, their conduct has been of an unacceptable nature. 3.7 The Supplier agrees to adopt in its operation of the Food Services the “Three R’s” REDUCE, RE-USE AND RECYLE on a daily basis. 3.8 The provision of an on-site cafeteria manager to work in conjunction with the Principal (or designate) to monitor items such as:

Quality of food; Variety of food; Service/suitability of personnel; Weekly specials/daily menu; and

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Special celebrations 3.9 The successful respondent must make provision for attractive display materials encouraging good nutritional habits subject to the school’s poster/notice display policy. 3.10 The Supplier shall observe and conform to all polices, regulations and procedures of the Board as a whole including, without limitation, those regulations relating to access to buildings and time and manner of delivery of supplies. 3.11 The Supplier agrees to permit an authorized representative of the Board to have the right to inspect the Food Services at reasonable times. 3.12 The Supplier shall not use the Board’s premises for his own business purposes, such as preparing or providing food services for other organizations. 3.13 The Supplier specifically acknowledges and agrees that the Board currently runs or may in the future run a hospitality course or program for its students in respect of which the Board retains the right to permit students to offer food for sale in or around the school premises. The sale of food by students of the Board on school premises shall not constitute a breach of this Agreement. The Board acknowledges and agrees that the Supplier shall not be held liable for any damages, claims, liabilities and expenses which may arise directly or indirectly from the preparation, display or sale of any products by students. The Board shall indemnify and save harmless the Supplier from any and all damages arising directly or indirectly from the sale of food by students. This indemnity shall survive the expiration or sooner termination of this Agreement. 3.14 The Supplier shall comply with all applicable sanitary, occupational health and safety (including WHMIS), and all other laws regulations, bylaws, codes, and policies of any competent government authority relating to the operation of the Food Services or to the Supplier’s Employees. The Supplier shall forthwith provide written proof of such compliance upon request by the Board. 3.15 The Supplier shall comply with all legal requirements of the Employment Standards Act (“ESA”) and Occupational Health and Safety Act of Ontario, and related regulations, in respect of the Supplier’s Employees. The Supplier shall forthwith provide written proof of such compliance upon request by the Board. 3.16 The Supplier shall arrange to acquire and maintain at its own expense all licenses and permits required for the operation and maintenance of the Food Services. All such licenses and permits are to be obtained in the name of the Board. The Supplier shall forthwith provide the Board with copies of all such licenses and permits. The Supplier covenants and agrees to collect and remit all sales and value-added taxes to the appropriate governmental authority in connection with the operation and maintenance of the Food Services, and agrees to indemnify and save harmless the Board from all claims, liabilities, expenses and penalties to which it may be subjected on account of the Supplier’s failure to perform hereunder. This indemnity shall survive the expiration or sooner termination of this Agreement. 3.17 The Board has designated all Board properties to be “smoke free”. Smoking will not be permitted on-site.

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3.18 The overall price adjustments requested shall not exceed the year over year level of inflation, as of May 1st, as published in Consumer Price Index provided by Statistics Canada. Such request should be accompanied by documentation. A meeting with the HCDSB Cafeteria Committee at the end of the school year (May/June) will be held yearly with the Cafeteria Service Provider to discuss the services provided. 3.19 Where market conditions warrant, the successful respondent reserves the right to negotiate with the Board for adjustments in prices. If the Board and successful respondent cannot agree on a new price the Board shall have the right to terminate the contract without further obligation. 3.20 If any of the services, in the option of the Board, are inadequately performed or require corrections, the proponent shall forthwith make the necessary corrections at its own expense within the time limit specified by the Board.

7. EQUIPMENT 7.1 The Cafeteria Service provider will provide a fund of $4,000.00 per site per annum to maintain and replace Board capital equipment. Such funds will be held in trust by the board. This amount is due and payable before the commencement of the school year. 7.2 The Cafeteria Service provider will contract with companies for maintenance and repair on their own equipment. The Board will maintain and service its own equipment using Board preferred vendors. Any unauthorized service on Board equipment by the Cafeteria Service provider, shall become the responsibility of the Cafeteria Service provider and the board will not assume any costs. 7.3 The adoption of all reasonable measures to prevent waste or damage to premises, and informing the Board of all required repairs and replacements, and the performance of all repairs reasonably required by the Board. 7.4 The Cafeteria Service provider is responsible for daily cleaning of the entire kitchen, servery and preparation areas, including the floors. Cleansers etc., must be approved by the Board. Equipment must be cleaned and maintained according to Municipal/Regional/Provincial health regulations. Custodial Managers will inspect the area once a semester to insure the proper cleaning procedures are followed and will submit a report to the Board Cafeteria services committee. 7.5 A list of all equipment, type and model numbers brought in by the successful respondent must be submitted to the Purchasing Department for inventory records and all repairs and maintenance will be maintained by the successful respondent. The Cafeteria Service provider will remove upon completion of the contract all capital equipment. The Board will not accept responsibility for disposal of any depreciated capital equipment owned by the Cafeteria Service provider at the end of the contract. 7.6 Food that is spoiled due to equipment breakdown or where someone other than cafeteria staff has unplugged the equipment will be reimbursed. If food is spoiled by cafeteria staff error such as the food is not removed over the term of the summer hours will be the responsibility of the supplier.

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For reimbursement of food spoilage a legible invoice is to be submitted with the following information:

School List of products Equipment involved Why there was food spoilage Date of food spoilage

7.7 The successful respondent will not make any alterations, additions or improvements to the premises without the written permission of the board. Premises must be returned to the original structure at the end of the contract. 7.8 The Cafeteria Service provider will provide trays, plates, cutlery, napkins, and small wares etc., all of which are to be environmentally friendly, where possible. The Board is not responsible for the replacement of these items due to loss, damage etc. All single use plates, bowls, cups and napkins must be compostable. 7.9 The Cafeteria Service Provider shall provide at least two cash registers to allow for efficient flow of traffic. Debit cards will be accepted and no additional debit charges will be allowed. 7.10 Where teaching kitchens are operating in a secondary school, the Cafeteria Service provider must ensure practical work experience (cooperative education) for the students. The Cafeteria Service provider will work under the direction of the assigned teacher in this regard. 7.11 Special menus will be required for designated days such as Ash Wednesday, etc.

7.12 The Board will provide all compost, recycling and waste receptacles. The Cafeteria Service Provider is responsible for providing: BPI approved compostable bags for the compost receptacle and bio-degradable bags for the waste receptacles.

Bags of any type are not permitted in the recycling receptacle.

8.0 SITE VISITS 8.1 There will be a Mandatory Site Visit. The Proponents will be notified of the date(s) and details of the site visit in writing 8.3.1 Do not approach or ask the cafeteria staff any questions as this could disqualify your bid.

9.0 LOCATIONS FOR CAFETERIA SERVICES All school location addresses and lunch period times are provided on Appendix A.

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10.0 HOURS OF OPERATION

The Cafeteria Service provider shall operate the food services on Monday to Friday inclusive, statutory holidays, excepted, during the academic year. At the discretion of and deemed appropriate by the Principal, the cafeteria may be closed at certain times of the day when school fundraisers sale are occurring during the day. The Principal shall notify the provider in five (5) business days prior to any change in the hours of operation of the cafeteria.

Modified hours of operation will be set by mutual agreement between the provider and the Principal during abnormal situations such as periods of examinations, special days and labour disputes or at such times as shall be agreed upon by the parties. It is imperative to the Board that prices are standardized and all students have equal access to equivalent services in every school. 11.0 MENU Proponents are to provide a sample menu, for the schools for a four (4) week cycle including descriptions, portion sizes and pricing for meals and beverages. The menus will be evaluated based on compliance to the Canada’s Guideline for Healthy Eating, the School Food and Beverage Policy Policy/Program Memorandum No. 150 (PPM150), imagination, variety and innovation. Menus are to include ideas for theme lunches for promo days, special events, ethnic choices and vegetarian options. Breakfast choices must also be available. These menus (food listings and beverage items) will show prices and portion sizes. Proponents are to provide a sample menu for the Secondary School cafeterias and the Adult Learning Centre for a four (4) week cycle including descriptions, portion sizes and pricing for meals and beverages, including coffee and tea that they plan to provide to the Board’s students and employees. The menus will be evaluated based on Canada’s Guideline for Healthy Eating, the School Food and Beverage Policy Policy/Program Memorandum No. 150 (PPM150), imagination, variety and innovation. Menus are to include ideas for theme lunches for promo days, special events, cultural diversity and vegetarian options. Breakfast choices must also be available. The Cafeteria Service provider will fill in the Pricing Sheet with portion size and price on the Pricing Sheet provided (Appendix B), with this document. 12.0 EXEMPTIONS FOR SPECIAL EVENTS The Principal may designate up to ten (10) days during the school year as special event days on which food and beverages sold in schools by the service provider would be exempt from the nutrition standards outlined in PPM150. The Principal must consult with school councils and student representatives, where applicable, as well as notify the successful bidder at least five (5) business days prior to designating a day as a special event day, if possible, to give the successful proponent an opportunity to prepare for these days.

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13.0 HEALTH AND SAFETY 13.1 Respondents must provide information detailing your Health and Safety Procedures 13.2 The Cafeteria Service provider must show proof of compliance in accordance with Canada’s Guideline for Healthy Eating and the School Food and Beverage Policy Policy/Program Memorandum No. 150. 13.3 The name of a dietician that is consulted or employed regarding all health and safety issues must be supplied to the Principal of the school upon execution of this Agreement. 13.4 The Cafeteria Service Provider shall observe and implement procedures relating to the awareness and prevention of anaphylactic reactions. In agreeing to comply with laws of the government of Ontario and Canada including Bill 3 – Sabrina’s Law, an Act to protect anaphylactic pupils, the Cafeteria Service Provider is to create a safe environment and know what to do in an emergency. The Cafeteria Service Provider agrees to ensure that:

1. Cafeteria Service Providers operating in a school setting are responsible for ensuring that their personnel are trained to reduce the risk of cross contamination through purchasing, handling, preparation and serving of food. Proof of this training must be made available upon request to the Board designate.

2. All foods served in school cafeterias and brought in for special events are clearly identified;

3. All Proposals must confirm the ability to accommodate persons with food allergies by supplying ingredient information. What process is available for parents and students to ensure concerns regarding anaphylaxisis or other allergy issues?

4. Cafeteria Service Providers shall participate in the school’s anaphylaxis training, which includes the identification of students at risk and how to use an epinephrine auto-injector. Completion of this training shall be provided to the Board designate.

5. The Cafeteria Service Provider shall be compliant with the Halton Catholic District School Board Anaphylaxis protocol, available on the Board website; www.hcdsb.org.

6. Secondary School Administrator Anaphylaxis Implementation Checklist available on the Board website; www.hcdsb.org.

7. The Cafeteria Service provider shall observe all policies and guidelines of any competent government authority as well as those of the Board including, without limitation, those relating to the awareness and prevention of listeriosis and salmonella poisoning. This shall include compliance with the Canadian Food Inspection Agency directions with respect to cleaning, sanitization, food washing, and food temperature and food storage.

14.0 FINANCIAL The Board is interested in a commission on sales as well as innovated ideas in offering healthier food choices at a price that will encourage students to eat in the cafeterias. The successful Proponent is to pay to the Board a commission based on net sales for each contract year. A monthly report will be provided to the Board breaking down sales and commissions at each school site. Net Sales are defined as total net sales, not including Harmonized sales tax (HST). The cheque shall show net sales, HST and total gross sales.

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Statements to the Board will clearly set out and itemize the following sales activity:

Commission paid net sales for each month by schools (separated by sales and successful

respondent sales) net sales for each month for Adult Learning Centre(separated by sales and

successful respondent sales) number of students/staff served special function revenues during the period

A monthly report must be provided electronically, upon request. 15.0 FUND RAISING Student fund raising activities such as bake sales, barbecues, pizza days, etc., are outside the scope of this proposal. With your proposal submit how your organization could help the schools in their curriculum and fund raising endeavours. Also provide information on ‘Food for Thought’ programs. 16.0 ENVIRONMENTAL SUSTAINABILITY Provide a summary of how the company is actively engaged in environmentally sensitive and healthy practices.

17.0 REFERENCES Provide three (3) references; at least one will be an Ontario School Board at the

Secondary School level within the past three (3) years.

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EVALUATION OF RATED CRITERIA FOR CAFETERIA SERVICE

The following is an overview of the categories and weighting for the rated criteria of the RFP:

CAFETERIA FOOD SERVICES

Rated Criteria Category Weighting (Points)

Implementation – Operation

The methodology in successfully implementing and

providing the food services requirements contained in this

RFP.

Your approach in operating and managing the cafeteria

Number of staff and management per location, qualifications

and experience.

20

Menu Selection

Imagination, Variety, Innovation, Celebration

Nutrition, healthy eating and an UNDERSTANDING OF

compliance to PPM 150.

20

Financial

Percentage of gross cafeteria sales volume (Commission)

Other forms of compensation e.g. bursary, scholarship, etc.

Cost of Food

Support for nutritional programs for at risk students

35

Innovative Ideas for:

Celebration events for schools and Adult Learning Centre-

i.e. Thanksgiving,

Fundraising

5

Provide three (3) references, at least one will be an Ontario School Board at the Secondary School level for the past three (3) years

5

Health and Safety and Environmental Program

Health and Safety Procedures

Environmental Participation

10

Reporting

Easy to read

Available electronically

Amount of detail

5

Total Points

100

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APPENDIX A

RFP#12-10

CAFETERIA SERVICE

HALTON CATHOLIC DISTRICT SCHOOL BOARD – SCHOOL LISTINGS

BURLINGTON REGION

ADDRESS LUNCH PERIOD TIMES

Assumption 3230 Woodward Avenue

Burlington, Ontario L7N 3P1

11:05 to 11:45

11:45 to 12:25

12:25 to 1:05

Corpus Christi 5150 Upper Middle Road

Burlington, Ontario L7L 0E5

11:00 to 11:40

12:20 to 1:00

Notre Dame 1225 Headon Forest Drive

Burlington, Ontario L7M 3X6

11:15 to 11:55

12:35 to 1:15

MILTON REGION

ADDRESS

Bishop P.F. Reding 1120 Main Street East

Milton, Ontario L9T 6H7

11:10 to 11:50

11:50 to 12:30

12:30 to 1:10

OAKVILLE REGION

ADDRESS

Holy Trinity

2420 Sixth Line

Oakville, Ontario L6H 3N8

11:20 to 12:00

12:00 to 12:40

12:40 to 1:20

St. Ignatius of Loyola 1550 Nottinghill Gate

Oakville, Ontario L6M 1S2

10:59 to 12:14

12:14 to 1:32

St. Thomas Aquinas 124 Dorval Drive

Oakville, Ontario L6K 2W1

11:03 to 11:53

12:18 to 1:08

Thomas Merton

Adult Learning Centre

171 Speers Road, Unit 1

Oakville, Ontario L6K 3W8

7:30 to 1:00

HALTON HILLS REGION

ADDRESS

Christ the King 161 Guelph Street

Georgetown, Ontario L7G 4A6

11:05 to 11:55

12:25 to 1:10

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APPENDIX B

RFP#12-10

CAFETERIA SERVICE PROVIDER

PRICINGSHEET

VENDOR NAME:

DESCRIPTION PORTION SIZE PRICE

**NOTE: ALL ITEMS QUOTED MUST COMPLY UNDER PPM150

Sandwich

Premium Sandwich

Chicken Caesar Wraps

Salad (small)

Yogurt-175 ml

Yogurt Berry Parfait

Fruit Cup

Fruit Plate

Whole Fruit

Veggie Bag with Dip

Veggie Plate with Dip

Pudding Parfait

Turkey Hoagie

Pizza Slice (1/8th)

Premium Pizza Slice

Garlic Fingers

Chicken Burger

Hamburger

Cheese Burger

Jamaican Patty

Hot Hoagie Sandwich

Chili

Potato Wedge 3 oz.

French Fry 3 oz (Baked)

Poutine

Potato Wedge Poutine

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VENDOR NAME:

DESCRIPTION PORTION SIZE PRICE

Oatmeal

Home Fries (Cubed Potato)

Egg and Cheese WW Bagel

Bagel

Bagel and Cream Cheese

Muffins

Loaf

Cookie

Cinnamon Bunn/Danish/Cinnamon Twist

Cereal Square

Brownie

Soup 8 oz.

Pasta Bar with Side Dish**

Deli (Pita'-Wraps)

Beef, Chicken or Vegetarian Stir Fry

Burrito or Wrap with Side Dish**

Milk 250 ml

Milk 500 ml

Soy Milk

Yogurt Drink

Water 591 ml

Juice 341 ml

Juice 473 ml

V-8 Fusion 354 ml

Smoothie

**NOTE: All food and beverages sold in Ontario Schools

must meet the nutrition standards set out in the Policy/Program Memorandum 150 (hereinafter referred to as

PPM150) which can be viewed through: http://www.edu.gov.on.ca/extra/eng/ppm/ppm150.pdf

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VENDOR NAME:

Show below any additional items that are unique to your company, including description, portion size and price

DESCRIPTION PORTION SIZE PRICING

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LABEL FOR DELIVERY OF PROPOSAL Bid to be submitted to: DELIVER TO:

Craig Harling, Manager, Purchasing Services, Halton Catholic District School Board, Purchasing Department, 802 Drury Lane, P.O. Box 5308, Burlington, Ontario L7R 4L3

REQUEST FOR PROPOSAL NUMBER

RFP#12-10

CAFETERIA SERVICE

CLOSES: Monday, July 9, 2012

BEFORE 2:00:00 P.M. (HCDSB DIGITAL CLOCK)

VENDOR NAME: ________________________________ (Print) CONTACT NAME: _________________________________ (Print) CONTACT TITLE: _________________________________ (Print) PHONE: _________________________________ EMAIL: _________________________________