STATE OF Yakima Valley College (YVC)

REQUEST FOR PROPOSALS (RFP) RFP NO. 11794

PROJECT TITLE: Cafeteria, Coffee & Catering Services

PROPOSAL DUE DATE: May 9, 2018, 3pm Pacific Daylight Time, Yakima, Washington, USA.

ESTIMATED TIME PERIOD FOR CONTRACT: 2018-2023, Initial TERM of contract shall be for five (5) years, commencing on September 1, 2018, and terminating on August 31, 2023, unless earlier termination occurs as otherwise proved for in this document. By mutual agreement, the parties may, by written amendment, extend the contract for three (3) additional terms of five (5) years each, for a total contract period not to exceed twenty (20) years.

CONSULTANT ELIGIBILITY: This procurement is open to those vendors that satisfy the minimum qualifications stated herein and that are eligible to work in Washington State.

TABLE OF CONTENTS

1. INTRODUCTION ...... 4

1.1 Background ...... 4 1.2 Minimum Qualifications ...... 5 1.3 Period of Term ...... 5 1.4 Contracting With Current or Former State Employees...... 5 1.5 ADA ...... 5 1.6 Definitions...... 5 1.6.1 College ...... 5 1.6.2 Vendor...... 6 1.6.3 Contract ...... 6 1.6.4 Contractor ...... 6 1.6.5 Mandatory Requirement ...... 6 1.6.6 Acceptable Alternative...... 6 1.6.7 Desirable Option ...... 6 1.6.8 Request for Proposal ...... 6 1.6.9 Term ...... 6

2. GENERAL INFORMATION FOR VENDORS ...... 7

2.1 RFP Coordinator ...... 7 2.2 Estimated Schedule for Procurement Activities ...... 7 2.3 Pre-proposal Facilities Tour ...... 8 2.4 Submission of Proposals ...... 8 2.4.1 Preparation of Proposal ...... 8 2.4.2 Responsibilities of Vendor ...... 9 2.4.3 Vendor Inquires ...... 10 2.5 Public Disclosure ...... 10 2.6 Revisions to the RFP ...... 11 2.7 Withdrawal or Modification of Proposal ...... 11 2.8 Contract Formation ...... 12 2.9 Responsiveness ...... 12 2.10 Proposal Opening ...... 12 2.11 Basis of Award ...... 12 2.12 Award Results ...... 13 2.13 Errors ...... 13 2.14 Debriefing Conference ...... 13 2.15 Announcement of Apparently Successful Vendor ...... 13 2.16 Most Favorable Terms ...... 13 2.17 MWBE Participation Goals ...... 14 2.18 Contract and General Terms and Conditions ...... 14 2.19 Costs to Propose ...... 14 2.20 No Obligation to Contract ...... 14 2.21 Rejection of Proposals ...... 15

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2.22 Proposal Contents ...... 15 2.23 RFP Available Electronically On WEBS ...... 15 2.24 WIPHE Co-operative Purchasing Provisions ...... 13

3. GENERAL PROVISIONS: MUTUAL AND JOINT RESPONSIBILITIES ...... 19

4. TERMS AND CONDITIONS ...... 20

4.1 License and Certificate ...... 20 4.2 Hours of Operation ...... 20 4.3 Taxes, Accounting, Records ...... 20 4.4 Style of Service ...... 22 4.4.1 Pricing ...... 23 4.4.2 Purchases...... 23 4.4.3 Facilities ...... 23 4.4.4 Equipment ...... 24 4.4.5 Catering ...... 25 4.4.6 Customer Satisfaction ...... 26 4.4.7 Menu ...... 26 4.4.8 Purchasing Standards ...... 27 4.4.9 Alcohol ...... 27 4.4.10 Inventory ...... 27 4.4.11 Housekeeping, Sanitation, Waste Responsibilities ...... 28 4.4.12 Personnel ...... 30 4.4.13 Identification Badges ...... 32 4.4.14 Accident Reporting ...... 32 4.4.15 Calendar ...... 32 4.4.16 Utilities ...... 33 4.4.17 Access ...... 33 4.4.18 Vacate ...... 33 4.4.19 Insurance ...... 33 4.4.20 Liability, Non-Discrimination, Dispute Resolution ...... 34 4.4.21 Rights and Remedies...... 35 4.4.22 Conflict and Severability ...... 36 4.4.23 Personal Liability ...... 36 4.4.24 Subcontracts/Assignment ...... 36 4.4.25 Breach, Default, Termination ...... 36 4.4.26 Administrative Suspension ...... 39 4.4.27 Legal Fees ...... 39 4.4.28 Force Majeure ...... 39 4.4.29 Minimum Food Quality Standards...... 40 4.4.30 Environmental Issues ...... 41 4.4.31 Entire Agreement ...... 42 4.4.32 Contract Compliance ...... 42

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5. PROPOSAL REQUIREMENTS ...... 42

1. A letter of Introduction to the College ...... 42 2. Complete and submit attachments ...... 42 3. Stability and Experience ...... 42 4. Compensation to College ...... 42 5. Plan of Service, including Menus and Service Style ...... 43 6. Staffing and Management ...... 43 7. Marketing Programs & Customer Satisfaction ...... 43 8. Catering Expertise ...... 44 9. Other ...... 44 10. Copy agreement info ...... 44 11. Tax ID and W-9 requirements ...... 44 12. UBI information ...... 44

6. EVALUATION...... 44

7. AWARD RESULTS ...... 45

8. DEBRIEFING ...... 45

9. PROTESTS AND APPEALS ...... 45

ATTACHMENTS:

Attachment A: Offer & Contract Award Attachment B: Certifications and Assurances Attachment C: References

APPENDICES: Appendix A: Sample Contract Appendix B: Sales Appendix C: Links Appendix D: YVCC Tobacco Policy

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1. INTRODUCTION

All RFP details will be posted on the Washington Electronic Business Solutions website called WEBS https://fortress.wa.gov/ga/webs/bidcalendar.aspx

Yakima Valley College, an institution of public higher education of the State of Washington, hereafter called “YVC,” is initiating this Request for Proposal (“RFP”) to solicit proposals from qualified vendors interested in providing food service, coffee service, and to deliver catering services for Yakima Valley College students and employees. The Vendor will provide services and staff members, and otherwise do all things necessary for, and incidental to, the performance of work as set forth in this agreement, and any subsequent agreements and amendments.

1.1 BACKGROUND

• YVC is part of the Washington state-owned community and technical colleges. YVC is based in Yakima and remote location in Grandview. Founded in 1928, Yakima Valley College of Yakima is a dynamic community college serving the inland northwest service district in . • Students at YVC actively pursue a full range of educational goals: Eventually to transfer to a four-year college or universities . . . others are training to become tomorrow’s workforce. • YVC is looking for a Cafeteria, Coffee and Catering Services vendor that will use the College’s space and equipment to engage in a for profit or loss venture.

1.2 MINIMUM QUALIFICATIONS

• Licensed to do business in the State of Washington, and to operate a service as described in this document. Vendor must have a Yakima Health District Annual Food Establishment Permit in its own name by first day of operations. • Must provide College with a Certificate of Liability Insurance, naming YVC as additional insured for $1,000,000.00, renewed and sent to college yearly. • Vendor to ensure cleanliness of facilities and employees. • Must maintain and post food handler cards for all employees. • Ensure quality food service at College facilities by observing the minimum standards, listed in RFP. • Pay the College Leasehold Excise Tax due under “Chapter 82.29A RCW – Leasehold Excise Tax”. • All purchases must be in Vendors own name. Vendor is not eligible to purchase off of any state contracts.

Responses to this RFP will only be accepted from companies that meet these requirements.

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1.3 PERIOD OF TERM

• The initial TERM of this contract shall be for five (5) years, commencing on September 1, 2018, and terminating on August 31, 2023, unless earlier termination occurs as otherwise provided for in this document. By mutual agreement, the parties may, by written amendment, extend the contract for three (3) additional terms of five (5) years each, for a total contract period not to exceed twenty (20) years. • If the Vendor elects not to exercise a renewal option as stated above, it shall give the College written notice of its intent not less than one hundred twenty (120) days prior to the end of the current contract period. If College elects not to exercise a renewal option as stated above, it shall give the Vendor written notice of its intent not less than sixty (60) days prior to the end of the current contract period. The Vendor agrees that if it notifies the College of its intent not to renew the contract less than one hundred twenty (120) days prior to the end of the current contract period, it shall pay the College liquidated damages of $10,000.00 within ten (10) days of its late notification of intent not to renew.

1.4 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

• Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. Proposers should familiarize themselves with the requirements prior to submitting a proposal that includes current or former state employees.

1.5 ADA

• YVC complies with the Americans with Disabilities Act (ADA). Vendors may contact the RFP Coordinator to receive this Request for Proposal in Braille or on tape.

1.6 DEFINITIONS

1.6.1 College: Yakima Valley Colleges (YVC).

1.6.2 Vendor: A company, corporation or firm submitting a proposal in order to attain a contract with YVC.

1.6.3 Contract: An agreement, or mutual assent, between two or more competent parties with the elements of the agreement being offer, acceptance and consideration.

1.6.4 Contractor: A company, corporation, or firm with who YVC develops a purchasing agreement or contract for the procurement of goods and/or services.

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1.6.5 Mandatory Requirement (MR): A mandatory requirement is a minimum qualification, requirement or need, which must be met by the Vendor, or an acceptable alternative proposed. Any proposal, which fails to fulfill all mandatory requirements, will be eliminated from the evaluation process.

1.6.6 Acceptable Alternative: An acceptable alternative is one which, in YVC's sole judgment, is considered satisfactory in meeting a mandatory specification. Such a conclusion may be derived from information contained in the applicable portion of a vendor's response, and/or from other area(s) of the response which provide information pertinent to the mandatory requirement in question. YVC will, at its sole discretion, determine if the proposed alternative meets the intent of the original mandatory requirement.

1.6.7 Desirable Option (DO): Desirable options are specifications for features and functions which YVC would like to acquire but which are not absolutely necessary. Vendors that provide desirable options will be awarded additional points as part of the total available points in the overall evaluation.

1.6.8 Request for Proposal (RFP): A formal procurement document in which a service or need is identified but variations in equipment, implementation and/or vendor qualifications may exist. The purpose of an RFP is to enable YVC to select the best overall solution to the need identified including price, materials, services, capabilities and other identified criteria.

1.6.9 Term: A written agreement, which explicitly states a fixed duration that the contract will be in effect. The signing parties are obligated to adhere to the terms and conditions within the contract until the expiration, or end date, of the contract.

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2. GENERAL INFORMATION FOR VENDORS 2.1 RFP COORDINATOR

• The RFP Coordinator is the sole point of contact in YVC for this procurement. All communication between the Vendor and YVC upon release of this RFP shall be with the RFP Coordinator, as follows:

Name Nicole Delp, Procurement & Supply Specialist 3 E-Mail Address [email protected] Mailing Address Yakima Valley College PO Box 22520 Yakima, WA 98907-2520 Physical Address for Yakima Valley College Delivery 1107 S. 16th Ave, Yakima WA 98902 Phone Number 509-574-4612 Fax Number 509-574-6854

• Any other communication will be considered unofficial and non-binding to YVC. Vendors are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Vendor.

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Proposals April 2, 2018 Pre-Proposal Facilities Tour April 26, 2018 Last date for final questions regarding RFP April 30, 2018 YVC response to final questions May 3, 2018 Proposals due May 9, 2018 Interviews, if required May 17, 2018 Announce “Apparently Successful Contractor” and send May 21, 2018 notification via fax or e-mail to unsuccessful proposers Sign Contract – Begin Term June 15, 2018

YVC reserves the right to revise this schedule in its best interests and award dependent on funding availability.

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2.3 PRE-PROPOSAL FACILITIES TOUR

• A pre-proposal facilities tour is scheduled to be held on April 26, 2018 at 10:30 a.m. PDT at the following location: Yakima Valley College Central Receiving – Bldg. 35 1107 South 16th Avenue Yakima, Washington 98902

The tour party will meet in Central Receiving promptly at 10:30 a.m. The tour will then proceed to the Hopf Union Building (HUB) for the tour. See attached maps. Please e-mail Nicole Delp at [email protected] no later than 4:00 p.m. PDT, on April 23, 2018 with the name(s) or your attendee(s). All prospective Vendors should attend; however, attendance is not mandatory.

2.4 SUBMISSION OF PROPOSALS

2.4.1 PREPERATION OF PROPOSAL:

a. Proposals must be in a sealed, secure envelope or container, with the bidder’s company name and the College’s bid number 11794 clearly marked on the front, and received in the Purchasing Office on or before the date and time indicated in this solicitation. Late proposals will be rejected and returned unopened. Bidder shall have no recourse in the event its proposal is turned in late. Yakima Valley College will not be responsible for bids delivered to any location other than the Purchasing Office (Central Receiving), either by bidder, postal department, or by other third party.

b. Each proposal shall have one Original that must be signed in blue ink, in longhand by the Vendor’s authorized representative with his/her usual signature. Proposals by partnerships and/or corporations must be signed with the partnership name by one of the partners, followed by the name of the state of incorporation, date of incorporation, and the signature of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall be typed or printed below the signature. Five (5) hard copies, and one electronic copy on a USB drive, in addition to the Original, shall be submitted. Failure to follow the submission instructions may result in disqualification of the proposal, at the College’s sole discretion.

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c. All proposals (One signed original, five (5) copies, in three-ring binders and one USB Drive) shall be submitted to the RFP Coordinator at the address noted in Section 2.1. The sealed container should be clearly marked to the attention of the RFP Coordinator with the RFP number clearly indicated.

d. Proposals shall be submitted in the format provided in this document, portions of which may be copied if required. Proposals must be typewritten or legibly written in blue ink and signed in blue ink by the bidder’s authorized representative. Incomplete proposals will be rejected unless, in the sole judgment of the Purchasing Office, such omissions do not materially affect the proposal itself. Facsimile proposals will not be accepted. Data submitted shall be in the same order as requests for information appear in this request for proposal, and shall be numbered in the same order as in this request for proposal. Failure to follow these instructions may cause the proposal to be rejected, and in that event, bidder shall have no recourse.

e. Vendors mailing proposals should allow normal mail delivery time to ensure timely receipt of their proposals by the RFP Coordinator. Vendors assume the risk for the method of delivery chosen. YVC assumes no responsibility for delays caused by any delivery service.

f. Proposals must be submitted with all pages of this RFP intact. This bid document shall become a part of any contract resulting from this RFP. Do not omit any pages. Return completed document properly signed and executed on or before due date and time.

2.4.2 RESPONSIBILITIES OF VENDOR:

a. It is the bidder’s responsibility to assure that the proposal is received by YVC before the submittal due date and time. Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the YVC and will not be returned.

b. Proposals will not be accepted using electronic methods (i.e. email) nor will proposals be accepted by being transmitted using facsimile transmission. Hard copies only.

c. Bidders shall examine and understand this entire document and seek clarification from Nicole Delp, if required.

d. Bidder shall fully inform itself as to the facilities, conditions and limitations.

e. Bidder shall include sufficient data to cover all items required by the agreement. Negligence in preparing a bid does not constitute the right of withdrawal of the bid after bid due date and time have passed.

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f. Bidder shall send representatives to attend the on-site facilities tour which has been scheduled to begin at 10:30 a.m. PDT, on April 26, 2018. The tour party will meet in Central Receiving promptly at 10:30 a.m. PDT. The tour will then proceed to the Hopf Union Building for the tour. See attached maps. Please e-mail Nicole Delp at [email protected] no later than 4:00 p.m. PDT, on April 23, 2018 with the names of your attendees.

g. Bidder shall bring a sample breakfast, lunch, and mid-afternoon, and coffee menu.

2.4.3 VENDOR INQUIRES: • In the event the bidder finds discrepancies in, or omissions from, the specifications, is in doubt as to their meaning, or shall have questions regarding the tour, bidder shall address these in writing (e-mail inquiries only will be accepted) to Purchasing ([email protected]). Any communication of this nature must be received no later than 4:00 p.m. PDT, on April 30, 2018. Phone inquiries, inquiries made in person, and/or inquiries to persons other than Purchasing are not permitted. Any inquiries or communications to persons other than Purchasing in regards to this request for proposal shall result in disqualification of the vendor’s proposal.

• All inquiries shall reference the appropriate section and paragraph number of this document. Purchasing will send written instructions or addenda to all bidders no later than May 3, 2018.

• Only questions answered by formal, written addendum shall be binding and no questions will be accepted after 4:00 p.m. PDT, on April 30, 2018. Only general questions will be answered at the on-site tour; all other questions must be in writing. An example of a general question is “Are we limited to the hours we can be in the kitchen?” An example of a specific question is “How many spatulas are in your inventory?”

2.5 PUBLIC DISCLOSURE

• Materials submitted in response to this competitive procurement shall become the property of YVC.

• All proposals received shall remain confidential to the fullest extent under the law until the contract, if any, resulting from this RFP is signed by YVC and the successful Vendor; thereafter, the proposals shall be subject to disclosure under RCW 42.56 (The Washington State Public Records Act)

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• Any information in the proposal that a Vendor desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated. The page must be identified and the particular exception from disclosure upon which the Vendor is making the claim. Each page claimed to be exempt from disclosure must be clearly identified by the word “Confidential” printed on the lower right hand corner of the page and sealed in separate envelope.

• YVC will consider a Vendor’s request for exemption from disclosure; however, YVC will make a decision predicated on RCW 42.56. Marking the entire proposal or the financial terms exempt from disclosure will not be honored and will result in the proposal being declared “non-responsive.” The Vendor must be reasonable in designating information as confidential. If any information is marked as proprietary in the proposal, such information will not be made available until the affected proposer has been given five business days’ notice to seek a court injunction against the requested disclosure.

• A charge will be made for copying and shipping, as outlined in RCW 42.56. No fee shall be charged for inspection of contract files, but twenty-four (24) hour notice to the Contract Administrator is required. All requests for information shall be directed to the Contract Administrator.

2.6 REVISIONS TO THE RFP

• In the event it becomes necessary to revise any part of this RFP, an addendum will be posted on WEBS. For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFP. The Response to Final Questions Addendum will be posted on WEBS by 5:00 P.M. PDT on May 3, 2018.

• YVC also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract. 2.7 WITHDRAWAL OR MODIFICATION OF PROPOSAL

• Prior to submittal, Proposal changes or modifications shall be initialed in blue ink by an authorized company representative.

• After submittal, At any time prior to the specified Proposal due date and time, contractor may withdraw the Proposal if such a request is submitted in writing and received by the Procurement and Supply Specialist 3 prior to the due date and time. Proposal modifications must be made in writing prior to the specified Proposal due date and time.

• After Proposal due date and time, Proposal shall not be altered, amended or withdrawn, and is legally binding on the bidder.

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2.8 CONTRACT FORMATION

• Vendor response to this RFP is an offer to contract with the College. An RFP response, including this document in its entirety, becomes a contract when officially accepted by the College as evidenced by issuance of a completed, “Offer and Contract Award” (attachment A).

2.9 RESPONSIVENESS

• All proposals will be reviewed by the Contract Administrator to determine compliance with administrative requirements and instructions specified in this RFP. The Vendor is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as “non-responsive.”

• YVC also reserves the right at its sole discretion to waive minor administrative irregularities.

2.10 PROPOSAL OPENING

• There will be no formal opening of Proposals. YVC will read out names of vendors responding with proposals received on time Reading will take place in or near Central Receiving (Building 35), at or shortly after the due date and time.

2.11 BASIS OF AWARD • It is the intent of the COLLEGE to award one contract to the most responsive and responsible Vendor for all work in this Request for Proposal. The determination as to the award of the contract shall include, in addition to conformity to specifications and price, the following considerations: a) The ability, capacity, and skills of the Vendor to perform the contract or provide the service required. b) The character, integrity, reputation, judgment, experience and efficiency of the Vendor. c) The quality of performance of previous contracts or service. d) Previous and existing compliance by the Vendor with laws relating to the contract or services. e) The Vendor who is the best fit with the College community and culture, as solely determined by the College. f) Such other information as may be secured having a bearing on the decision to award the contract, at the discretion of the College.

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2.12 AWARD RESULTS

• Upon award, notification will be sent to all participating Vendors via WEBS: https://fortress.wa.gov/ga/webs/. A copy of the evaluation summary and other Proposal data will be furnished to responsive vendors who have submitted a letter to the Office of Public Information at Yakima Valley College requesting access to Public Information. Vendors can receive written documentation and have access to the entire file once Proposal is awarded and after protest period has passed. Results will not be given over the phone.

2.13 ERRORS

• YVC will not be liable for any errors in proposals received. Vendors will not be allowed to alter proposal documents after the RFP due date and time. YVC reserves the right to correct obvious Vendor errors in proposals. Any changes made by YVC will be date and time stamped and attached to proposals. All changes must be coordinated in writing with, authorized by, and made by the Contract Administrator. Vendors are liable for all errors or omissions contained in their proposals.

2.14 DEBRIEFING CONFERENCE

• Upon request, a debriefing conference will be scheduled with an unsuccessful Respondent. Debriefing requests must be submitted within three (3) business days of the intent to award announcement. Discussion will be limited to a critique of the requesting Contractor’s proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone, at the College’s discretion.

2.15 ANNOUNCEMENT OF APPARENTLY SUCCESSFUL VENDOR

• All vendors responding to this RFP will be notified by e-mail when YVC has determined the “Apparently Successful Vendor.” For the purpose of any subsequent action on the part of an unsuccessful Vendor, the date of announcement of “Apparently Successful Vendor” shall be the date this announcement letter is sent.

2.16 MOST FAVORABLE TERMS

• YVC reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms, which the Vendor can propose. There will be no best and final offer procedure. YVC does reserve the right to contact a Vendor for clarification of its proposal.

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• The Vendor should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate part or the Vendor’s entire proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to YVC.

2.17 MWBE PARTICIPATION GOALS

• In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation/invitation or as a sub-vendor to a Bidder. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preference will be included in the evaluation of proposals, no minimum level of MWBE participation shall be required as condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply. Bidders may contact OMWBE to obtain information on certified firms for potential subcontracting arrangements.

2.18 CONTRACT AND GENERAL TERMS & CONDITIONS

• The Apparently Successful Vendor will be expected to enter into a contract, which is substantially the same as the sample contract, and its general terms and conditions included as Appendix A. In no event is a Vendor to submit its own standard contract terms and conditions in response to this solicitation; to do so may result in rejection of the proposal as “non-responsive.” The Vendor may submit exceptions to individual RFP and Contract terms. All exceptions shall be documented in the appropriate section of the Vendor Information Form, Attachment A to this RFP. YVC will review requested exceptions and accept or reject the same at its sole discretion.

2.19 COSTS TO PROPOSE

• YVC will not be liable for any costs incurred by the Vendor in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP.

2.20 NO OBLIGATION TO CONTRACT

• YVC reserves the right to refrain from contracting with any Vendor. The release of this RFP does not obligate the State of Washington or YVC to purchase the goods and services specified herein.

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2.21 REJECTION OF PROPOSALS

• YVC reserves the right at its sole discretion to reject any or all proposals received without penalty and not to issue a contract as a result of this RFP. YVC also reserves the right at its sole discretion to waive minor administrative irregularities contained in any proposal.

2.22 PROPOSAL CONTENTS

• All proposals must be written in English and submitted on eight and one-half by eleven (8 ½” x 11”) inch paper and placed in binders with tabs separating the major sections of the proposal. Foldouts containing charts, spreadsheets and oversize exhibits are permitted. The major sections of the proposal are to be submitted in the order noted below:

a) Vendor Company Information Form, (Attachment A to this RFP) must be completed, with all information provided as requested. b) Management Proposal, consisting of Vendor’s response to each statement, question or requirement in section 3.2 of this RFP. Responses shall appear in the order presented in this RFP with the same numbering and headings used herein. c) Certifications and Assurances Form (Attachment C to this RFP) must be signed and dated by a person authorized to legally bind the Vendor to a contractual relationship.

• All items listed in section 5 (PROPOSAL REQUIREMENTS) must be included as part of the proposal for the proposal to be considered responsive.

• Proposals shall be based only on the material contained in this RFP and any written Addenda to this RFP issued by YVC. The Vendor is to disregard any previous RFP’s, draft material and oral representations it may have received.

2.23 RFP AVAILABLE ON WEBS

• All RFP detail will be posted on the Washington Electronic Business Solutions website called WEBS https://fortress.wa.gov/ga/webs/bidcalendar.aspx

• All College clarifications, RFP addenda and responses to Vendor questions will be posted on WEBS.

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2.24 TERMS and CONDITIONS SPECIFIC to WASHINGTON INSTITUTIONS of PUBLIC HIGHER EDUCATION COOPERATIVE PURCHASING

1. Definitions:

WIPHE: Washington Institutions of Public Higher Education who are signatories to the Interlocal Agreement for Cooperative Purchasing.

Lead Institution: The WIPHE member that has volunteered to conduct the solicitation/negotiation process on behalf of the WIPHE members.

Committed Participants: Those WIPHE members who respond affirmatively to the Lead Institution's request for participation, and whose estimated purchase volume will be included in the solicitation/negotiation documents.

Potential Participants: All other WIPHE member institutions who are not Committed Participants. Potential Participants may choose to use any contract awarded, provided the contractor will accept their participation.

2. No Exclusivity Implied:

This bid provides no exclusive arrangements for obtaining product or services by any WIPHE Institution who has not specifically been identified as committed participants. Potential Participants may purchase any product or services in this bid through their own processes for competitive procurement or via other cooperative purchasing arrangements at their disposal.

3. Contract Administration:

This contract shall be administered by the Lead Institution, the Committed Participants, and any other Potential Participant who subsequently use a resulting agreement, in the following manner:

A. The terms and conditions contained in their entirety in any contract which results through the Lead Institution’s solicitation may not be altered except as provided herein, or, unless approved in writing by the Lead Agency’s Purchasing Manager.

B. WIPHE Institutions may at their sole option, individually negotiate only operational provisions specific to the needs of their Institution. These would include agreed arrangements for such operational provisions as delivery, installation, service, and invoicing processes. Such negotiated changes shall not be binding on any other Institution. These changes may, however, bind the bidder to providing similar arrangements to the other Institutions pursuant to any Best Customer provisions of a contract.

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C. WIPHE Institutions shall individually be responsible for their obligations to the awarded contractor pursuant to any purchase associated with this agreement.

Likewise, the Vendor shall be responsible for their obligations to the WIPHE Institutions pursuant to this agreement. All reasonable efforts will be made by the Vendor and the WIPHE Institutions to satisfy any breach of these obligations, or, disagreements arising between the individual WIPHE Institution and the Vendor. Resolution may take several forms, including cancellation of specific arrangements between the Vendor and the Institution. Resolutions of any nature shall not have a binding effect on any other Institution.

D. In the event a breach or disagreement cannot be resolved between the Institution(s) and the Vendor, either party may notify the Lead Institution and request the Lead Institution satisfy the dispute in accordance with this agreement, including any Dispute Resolution process identified within.

E. The Lead Institution may at any time act on behalf of any WIPHE Institution in resolving breach of contract, or, to settle disputes in accordance with this agreement.

4. Contract Documents:

The Vendor shall make copies of any contract that results from the Lead Institution’s solicitation available in its entirety to any WIPHE Institution expressing an interest in purchasing the product or service. The Lead Institution and the Vendor agree that a summary of this agreement, including a phone number for interested agencies to contact the Vendor, may be placed on a public access electronic home page, bulletin board, fax-on-demand network, or similar form of accessible medium.

5. Award in Best Interest of WIPHE: Yakima Valley College reserves the right to award the contract in whole or in part in a manner that most effectively serves the WIPHE members, to reject any or all bids, and to otherwise proceed with the award as necessary to protect the best interests of WIPHE. After award, members of WIPHE will issue separate purchase orders to the successful vendor(s) if they choose to acquire the items pursuant to this award.

All questions regarding this bid must be directed to Yakima Valley College as the Lead Institution.

All information relating to this solicitation will be retained by Yakima Valley College as the official public record.

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6. WIPHE Cooperative Members:

Four Year Institutions:

Central Washington University, Ellensburg , Seattle Eastern Washington University, Cheney Washington State University, Pullman The , Olympia Western Washington University, Bellingham

Community and Technical Colleges:

Bates Technical College, Tacoma , Bremerton Bellevue Community College, Bellevue , Lakewood Bellingham Technical College, Bellingham , Port Angeles Big Bend Community College, Moses Lake , Renton Cascadia Community College, Bothell Seattle Community Colleges, Seattle , Centralia Shoreline Community College, Seattle , Vancouver , Mt. Vernon Clover Park Technical College, Lakewood South Puget Sound Comm. Col., Olympia , Pasco Community Colleges of Spokane, Spokane Edmonds Community College, Edmonds , Tacoma Everett Community College, Everett Walla Walla Comm College, Walla Walla , Aberdeen , Wenatchee Green River Community College, Auburn Whatcom Community College, Bellingham Highline Community College, Des Moines Yakima Valley College, Yakima Lake Washington Technical Col., Kirkland State Board for CommTech Colleges, Olympia , Longview

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3. GENERAL PROVISIONS: MUTUAL AND JOINT RESPONSIBILITIES

• The Vendor, an independent contractor, will use College space and equipment to engage in a for profit or loss venture.

• Current facilities include a kitchen, a cafeteria, and a coffee shop in the Hopf Student Union building and a coffee shop in Sundquist Hall. Food needs to be prepped in the main kitchen and delivered to the coffee shop in Sundquist Hall.

• The initial TERM of this contract shall be for five (5) years, commencing on September 1, 2018, and terminating on August 31, 2023, unless earlier termination occurs as otherwise provided for in this document. By mutual agreement, the parties may, by written amendment, extend the contract for three (3) additional terms of five (5) years each, for a total contract period not to exceed twenty (20) years.

• If the Vendor elects not to exercise a renewal option as stated above, it shall give the College written notice of its intent not less than one hundred twenty (120) days prior to the end of the current contract period. If College elects not to exercise a renewal option as stated above, it shall give the Vendor written notice of its intent not less than sixty (60) days prior to the end of the current contract period. The Vendor agrees that if it notifies the College of its intent not to renew the contract less than one hundred twenty (120) days prior to the end of the current contract period, it shall pay the College liquidated damages of $10,000.00 within ten (10) days of its late notification of intent not to renew.

• The philosophy of operation is that every effort will be made to ensure that the College and the Vendor mutually agree, but the College reserves the right to impose minimum expectations should there be no agreement on a specific detail or details.

• The College is a member of the Washington Institutions of Public Higher Education (WIPHE), a purchasing cooperative. Members of WIPHE, and other public agencies who have an inter-local agreement with the College, may review the resulting contract from this RFP for their own use. WIPHE members should be aware that if they elect to utilize the contract(s) awarded because of this RFP, they may have different administrative or delivery requirements. It will be the responsibility of the participating institutions to negotiate specific clauses with the successful vendor. The modifications cannot impair or substantially change the original contract. Additionally, WIPHE members will issue their own purchase orders and invoices if they acquire items pursuant to the contract awarded to the vendor as a result of this RFP.

• Any additional agreement such as this would be completely voluntary and only by mutual consent of the vendor and the other institutions who may be interested.

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4. TERMS AND CONDITIONS

4.1 LICENSE AND CERTIFICATE:

• Vendor must continue to be licensed to do business in the State of Washington, and to operate a service as described in this document. Vendor must have a Yakima Health District Annual Food Establishment Permit in its own name by first day of operations.

4.2 HOURS OF OPERATION:

• The hours of operations shall be mutually agreed upon and shall not be changed without the consent of the College. No changes will be made without mutual agreement, nor without a minimum of two weeks’ advance notification to students, staff and faculty.

• At a minimum, the Vendor will provide breakfast, lunch, and mid-afternoon service on all days that students are scheduled to be on campus, with service and selection that is appropriate for the customer count, and that meets appropriate standards (see MENU and MINIMUM FOOD QUALITY STANDARDS below). Appropriate service and staffing must be provided to handle the pre-8:00 a.m. customers, the lunch hour customers, and the mid-afternoon customers.

• The hours for each academic year should accommodate the needs of residence hall residents as much as practical. No service is required in the evening, or during school breaks except for separately scheduled catering events, but the College strongly encourages Vendor to find ways to provide some level of food service during these times, perhaps through cooperative agreements with coffee and bookstore vendors, or through daily delivery of pre-made food to be sold directly by Vendor.

• If Vendor chooses not to provide food service options in the evening and/or during school breaks, and/or other days Vendor is not obligated to provide services, College may, at its sole discretion, arrange for alternate food service vendors to provide these services. College agrees not to provide access for these vendors to the kitchen or other preparation areas, but College may allow these vendors and their customers to use the seating areas of the cafeteria.

4.3 TAXES, ACCOUNTING, RECORDS:

• The Vendor shall pay the College the Leasehold Excise Tax due under “Chapter 82.29A RCW – Leasehold Excise Tax” in the amount of 12.84% of the rate of compensation on a monthly basis. Vendor agrees to pay a lower or a higher amount for Leasehold Excise Tax should the State of Washington adjust this rate. Payment to the College must be remitted to the Vice President for

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Administrative Services by the 15th of each month, along with agreed-upon cafeteria and catering compensation payment, for the prior month’s activities. If the 15th is on a day that the College is closed, payment must be remitted to the College no later than the last business day prior to the 15th. Vendor shall be responsible to monitor College calendar and pay on time. Vendor shall be responsible to obtain and maintain a current tax exemption status, if applicable, and pay all taxes. YVC shall not be responsible for any taxes, fees, or penalties incurred by the Vendor.

• Vendor shall maintain accurate, complete, and separate accounts for its operation in accordance with generally accepted accounting principles. By the 15th of each month, the Vendor shall submit to the Vice President for Administrative Services or Designee a detailed operating statement covering its:

o Gross cafeteria sales, Catering, and other sales tax

o Net sales

o Cost of sales – food

o Payroll expenses (wages and supervision, temporary labor, fringe benefits as separate line items)

o Operating expenses

o Direct and indirect costs Net operating profit or loss

o Statistics to include customer count, participation rate, average check, prior month comparisons for the prior month’s activities. Year-to-date information must also be included.

• If the 15th is on a day that the College is closed, statement must be submitted to the College no later than the last business day prior to the 15th. Vendor shall be responsible to monitor College calendar and report on time. All compensation and reports are to be based on actual cafeteria and catering sales within a given month, regardless of dates of collected payments. Vendor shall provide the College with financial information when requested. In addition, the Vendor shall make books of account and supporting data and documents available for inspection, reproduction and audit by the College upon request. The Vendor shall provide average daily customer count and average dollar value of sales to customers, if and when requested by the College's Vice President for Administrative Services or his/her Designee.

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• Failure to provide payment of compensation and/or present required/requested statements on time shall constitute a breach of contract, and shall be grounds for termination of this agreement at the sole discretion of the College. Notwithstanding any action or lack of action in regards to termination of this agreement by the College for Vendor breach, the Vendor agrees to immediately pay liquidated damages of $500.00 per incident to the College for late payments or late statement/report submission. If both payment and statement(s) are late in a single month, the amount of liquidated damages for that month shall be $1,000.00.

• Vendor will maintain daily cash register tapes and catering invoices for auditing purposes for the duration of the contract plus seven years.

• The Vendor agrees that YVC, or any of its duly authorized representatives, at any time during the term of this agreement, and for a period of seven (7) years after the final payment under this agreement, shall have access to, and the right to audit and examine any pertinent books, documents, papers and records of the Vendor (such as sales receipts, salary lists, itemized expenses and disbursements, time reports, equipment charges, overtime reports etc.), related to the Vendor’s charges and performance under this agreement. The Vendor agrees to refund to YVC any underpayments disclosed by any such audit, plus a penalty of ten (10) percent, within ten (10) days of notification by the College. Such records shall be kept by the Vendor for a period of seven (7) years after final payment under this agreement. Vendor agrees to pay $10,000.00 as liquidated damages to the College for failure to maintain records for the required period of time, within ten (10) days of notification by the College, as well as payment to the College for any and all staff time to rectify issues created by such failure, as documented by the College, within ten (10) days of notification by the College. In addition, failure to maintain records for the required period of time may result in legal action by the College against the Vendor for additional damages, as well as the imposition of monetary and other penalties by the State of Washington.

4.4 STYLE OF SERVICE:

• The current style of service is standard American Style Cafeteria. The College is open to different styles at the Vendor’s suggestion, but a change in style must be mutually agreed upon before implementation, and all costs for cosmetic changes and equipment related to a style change will be borne by the Vendor.

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4.4.1 PRICING:

The Vendor shall supply the College with a proposed schedule of retail prices to be charged for each proposed menu item. The prices shall not exceed regular pricing structures of fast food operators in the local area (10 mile radius of the main campus). If a dispute arises over pricing, the decision of YVC will prevail.

Prices will be negotiated annually in July by mutual agreement of both parties. Any request for price changes during the course of the contract year shall be submitted to YVC with justifying evidence, and shall not be put into effect until and unless College approval is received. In general, any price changes shall not be in effect for thirty (30) days, but YVC shall not unreasonably withhold approval for an earlier effective date where there have been major market changes that have been documented by the Vendor.

4.4.2 PURCHASES: Vendor will make all purchases in its own name, and shall not attempt in any way to bind the College to its contractual agreements. Vendor is not eligible to purchase off of any state contracts.

4.4.3 FACILITIES: Vendor shall use the College's kitchen and cafeteria facilities to prepare food for use in the service area, and for official College catering only. Nothing in this agreement shall preclude the Vendor from using its own facilities for College food preparation, as it deems necessary and expedient.

Vendor shall work with College employees as requested for assistance and advice with specialty food events subject to Vendor’s schedule and production needs.

Vendor shall provide ice (and loan ice containers) free of charge to employees for campus events upon request.

It is specifically understood that the College may use the dining areas in the café for such purposes as performance, dancing, etc., at any time as it may desire.

Delivery of foodstuffs, supplies and merchandise to the Contractor’s service area shall be at the Contractor’s risk and expense. The Contractor shall promptly unload and store any of its shipments delivered to YVC premises. All deliveries shall be made to the loading area during normal business hours.

YVC shall have no responsibility for the loss, theft, mysterious disappearance of, or damage to, equipment, tools, materials, supplies and other personal property of the Vendor or its employees, or subcontractors, which may be stored in the service area.

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YVC shall provide its routine general security patrols, and intrusion, theft and fire protections as available in the service area. If the Vendor requires additional security, it shall be provided by, or coordinated through YVC’s Campus Safety & Security Office for which the Contractor agrees to pay prevailing charges.

No other security staff may be employed by the Contractor without prior approval of the Vice President for Administrative Services or his/her Designee. The Contractor shall follow YVC’s policies in dealing with improper conduct, and shall report all incidents to YVC’s Campus Safety & Security Office.

4.4.4 EQUIPMENT: The College shall provide Vendor with facilities and equipment for food and beverage services (excluding transportation vehicles), including adequate dry, refrigerated, and freezer storage areas; sanitary toilet facilities for Vendor's employees, completely equipped and ready to operate; and space for manager's office as reasonably required for efficient operation. The facilities and equipment provided by the College at the time of the required facilities tour scheduled in this RFP shall be deemed to be complete and operable and adequate for effective performance under this Agreement. No new or replacement equipment shall be added.

• Additional Equipment from Vendor:

a) Vendor may provide and install, at its expense, additional equipment after first receiving the approval of the College's Vice President for Administrative Services or his/her Designee. All equipment provided by Vendor shall remain the personal property of the Vendor regardless of the manner said property is attached or affixed to the real property.

b) Vendor shall have the right to remove, or, on the College's request, to sell to the College at fair market value, such equipment within thirty (30) days after the expiration of this Agreement subject to the other provisions of this document. Vendor shall provide all mobile materials handling equipment not currently part of the existing College food service equipment inventory as necessary in the conduct of operations.

c) Vendor shall provide, and operate, at its sole expense, a Point of Sale (POS) system adequate to handle expedient customer checkout, revenue calculations, and sales counts. POS system must communicate with ITC systems onecard.

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• College Equipment: a) The College shall have the right to install any additional equipment and make any alterations to the facilities, in a manner compatible with the existing facilities. The College agrees to consult with Vendor prior to such equipment installation to attempt to find a time that installation will not significantly impede Vendor’s performance under this contract; however, the College shall make the final decision regarding scheduling of installation, and shall not be responsible for any loss of revenue or delay sustained by the Vendor resulting from installation. The College and Vendor shall each be responsible for compliance with all federal, state, and local health and safety regulations with respect to equipment, other facilities, and cafeteria space over which that party has operating control. Vendor shall be responsible for all neglect or damage caused by its employees.

b) The College’s furniture and equipment shall not be removed from the premises for any purpose without prior approval of the College. Repairs to furniture and equipment owned and furnished by the College shall be the responsibility of the College, except in cases of neglect or damage caused by Vendor or its employees.

4.4.5 CATERING: It is the intent of the College that this Agreement shall not be inclusive of exclusive catering services at Yakima Valley College. The Vendor shall supply the College with a proposed schedule of prices to be charged for each proposed catering menu item. If a dispute arises over pricing, the decision of YVC will prevail. Prices for catering will be negotiated annually in July by mutual agreement of both parties. Any request for price changes during the course of the contract year shall be submitted to YVC with justifying evidence, and shall not be put into effect until and unless College approval is received. In general, any price changes shall not be in effect for thirty (30) days, but YVC shall not unreasonably withhold approval for an earlier effective date where there have been major market changes that have been documented by the Vendor. Terms of payment for catering shall be Net 30 days. Vendor may require payment at time of service from off-campus catering clients using College facilities. College will not assist Vendor in debt collection from non-YVC clients.

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All catered food and beverages shall be delivered on time, along with appropriate condiments, napkins, silverware, and accoutrements that are normally needed for standard catering service. All catered events shall be bused by the Vendor immediately upon completion of the event. YVC reserves the right to allow outside food vendors to present sample food products in locations outside of the cafeteria area of the Hopf Union Building.

4.4.6 CUSTOMER SATISFACTION: Surveys shall be taken by the Vendor at its expense in each service operation twice each year, once in the fall quarter and once in the spring quarter. Survey results will be tabulated and immediately made available to the Vice President for Administrative Services or his/her Designee upon completion. Survey results shall be posted in a high traffic area of the food service operation. The Vendor will be responsible for maintaining high levels of satisfaction during the year. Failure to meet the requirements of the survey as specified in the agreement can result in cancellation of the contract by YVC.

The Vendor shall meet with the Vice President for Administrative Services or his/her Designee on at least a monthly basis to discuss food service operations.

Vendor shall have the right to request more frequent meetings; both parties agree to negotiate, in good faith, such requests. College shall have the right to demand more frequent meetings; Vendor agrees to comply with all such requests. A campus food service committee composed by the College shall meet at least quarterly with the Vendor to offer constructive suggestions pertaining to the food service operation. The Vendor’s performance shall be evaluated by this committee and the Vice President for Administrative Services or his/her designee. It will be the responsibility of the Vendor to respond, in writing if so requested, to inquiries, requests for changes, and recommendations.

4.4.7 MENU: Vendor shall plan menu selections to enable the College community clientele to meet appropriate recommended dietary allowances set by the Food and Nutrition Board of the National Research Council. The menu shall include daily vegetarian and vegan options. A minimum of two soup selections shall be offered Monday through Thursday, and shall include at least one vegetarian or vegan soup selection each day. In addition to popularity and cost factors, menus shall be planned to be appealing to sight, taste and smell, and shall take into consideration contrasts in color, shape, texture, and flavor of foods.

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Vendor shall design weekly board and retail menus to be attractive and posted in prominent places in the dining areas, on the web site, and other locations agreed upon with the College. Daily menus or signs shall be posted in prominent locations of the dining areas, and substitution of menu items shall be noted. Food shall be clearly signed, labelled and/or described at point of sale. All menus, signs and labels shall note what available items are gluten free, vegetarian, and/or vegan. Menus shall be available at least seventy two (72) hours before they go into effect, in both print and electronic mediums. Vendor shall make regular and frequent use of the College email/announcements system to promote specials and regular menu items.

4.4.8 PURCHASING STANDARDS: The Vendor shall try to purchase and promote Washington- and West Coast- grown food products. Food products grown in Washington and the West Coast may include those from the fruit, vegetable, nut, poultry, cattle, peanut, soybean, swine and aquaculture industries. As some customers are interested in local and regional ingredients sourcing, College requests that Vendor promotion and menus specifically indicate which food items were produced in Washington or on the West Coast.

4.4.9 ALCOHOL: Purchase of alcoholic beverages and all requisite permits/licenses for special catering events shall be the responsibility of the Vendor. In return for a corkage fee, the Vendor shall assume all responsibility for proper service of alcoholic beverages to all persons legally eligible to consume alcohol at each event. All State of Washington Liquor and Cannabis Board rules and procedures must be followed.

4.4.10 INVENTORY: The College has provided an adequate initial supply of small equipment (pots, pans, etc.), and Vendor shall maintain the inventory of such items supplied as a direct cost of operation. Vendor and the College will jointly conduct an initial inventory of all supplies and equipment prior to September 1, 2018. The Vendor and YVC shall jointly conduct an inventory of all supplies and equipment at least annually at such times as may be mutually agreed upon, and on termination or expiration of this agreement. Vendor shall replace or pay for all missing and damaged items discovered in any inventory conducted after the initial inventory, within thirty (30) days of said inventory completion. For every day beyond thirty (30) days that the Vendor fails to pay for required replacement(s), Vendor agrees to pay $500.00 per day as liquidated damages to the College.

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4.4.11 HOUSEKEEPING, SANITATION, WASTE RESPONSIBILITIES: The Vendor shall, as a direct cost of operation, maintain standards of housekeeping and sanitation in areas under its responsibility to the complete satisfaction of YVC and governmental authorities, including the requirements of the Occupational Safety and Health Act. Housekeeping standards for all areas of operation shall be presented in a formal written program by the Vendor, as part of its proposal. YVC may review and negotiate changes to standards of housekeeping and sanitation as necessary.

The Vendor is required, as a direct cost of operation, to provide personnel to keep tables and chairs cleared and clean, including all tables and chairs in the cafeteria. The College is responsible for the routine cleaning of the dining area’s floors, windows, and walls, and the College is responsible to empty the trash, compost and recycling bins in the dining area. The Vendor is responsible to clean up all spills on floors and tables immediately. The Vendor is responsible for all trash in the kitchen and food prep and service areas. The utmost importance is placed on proper sanitation standards. National Sanitation Foundation (NSF) standards and the State Department of Health regulations for food service establishments must be maintained. In addition, a health department Grade “A” rating must be maintained at all times. A copy of all Health Department inspection reports will be provided to the Vice President for Administrative Services or his/her Designee immediately upon their receipt by the Vendor.

a) The Vendor shall be responsible for daily cleaning of the food and equipment storage areas, all kitchen and preparation areas (including all walk-in coolers and freezers) and all serving areas, subject to inspection by the College at any time.

b) The kitchen will be immaculate. All kitchen prep or serving equipment, countertops and other equipment used in the operation will be cleaned daily by the Vendor, subject to inspection by the College at any time.

c) The floors will be kept clean throughout the day and there will be no trash such as cardboard boxes, towels, books, etc. lying on top of refrigerators, range shelves or dish tables. The floor will be cleaned and sanitized, with no excess water spills on the floor.

d) The trashcans in the kitchen will all be lined with plastic liners; none will be overflowing.

e) All food in walk-in refrigerators/freezers shall be dated, and, if not in its original container, shall be covered with plastic or aluminum wrap.

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f) Food-borne illness: The Vendor shall bear full responsibility for any illness or outbreaks contracted by customer(s) of the food service or catering services. The Vendor shall implement the National Hazardous Analysis Critical Control Points (HACCP) Program and shall hold YVC harmless from any and all illness or outbreaks as a result of food contamination.

The Vendor shall examine all food handlers visually, at least daily, to ensure that they are following established hygiene practices in the handling of food:

a) Bathing daily

b) Wearing clean outer clothing

c) Keeping fingernails short and clean

d) Using hairnets or lacquer spray when hair is longer than six (6) inches (applies to both male and female employees).

e) Removing wristwatches and rings, except plain wedding bands, during the preparation and service of food.

f) Washing hands with warm water and soap upon reporting for duty, after each visit to the rest room, and after handling raw meat, fish or fowl.

g) Immediately reporting symptoms of infectious diseases, including colds, to medical authorities, the Vendor, and the Vice President for Administrative Services or his/her Designee.

h) It is the Vendor’s responsibility to provide all appropriate cleaning and garbage disposal supplies, (including but not limited to mops, buckets, cleaning supplies, garbage bags, etc.) The College reserves the right to approve the quality of all materials used. The Vendor shall provide the College with all appropriate Material Safety Data Sheets before using any products. Trash and recyclable materials will be disposed of by the Vendor at a site designated by the College. The Vendor will be responsible for emptying the kitchen and café trash as needed (except for in the dining area, where the College will take care of emptying the trash), and for delivering trash and cardboard to the College-designated dumpsters. It is the responsibility of the Vendor to keep the trash and recycle dumpster areas clear of debris to avoid presenting an unsanitary environment. The College will be responsible for disposal of trash and recycled materials once in the dumpsters.

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Vendor shall keep the receiving area clean, sanitary and free from flies and vermin at all times. If Vendor shall fail to perform its responsibilities as specified above, and such failure shall continue for two (2) days after written notice given by the College, College shall have the right either to perform such maintenance or housekeeping and charge the cost of same to the Vendor or to terminate this agreement as otherwise provided for in this document. When, in the sole judgment of the College, the Vendor routinely disregards standards of housekeeping, sanitation, and/or waste responsibilities, the College may assess the Vendor a fine of $1,000.00 per day as liquidated damages (due and payable immediately to the College) for any uncorrected issue(s), at the College’s discretion. Payment of fine by Vendor to College shall not diminish the right of the College to seek other remedies against the Vendor.

4.4.12 PERSONNEL: Vendor shall provide sufficient backup in times of staff shortages due to vacation, illnesses, inclement weather, labor actions involving its employees, and additional conferences and banquets.

The Vendor shall provide, at all times, adequate and expert managerial and administrative supervision for its employees in the service area, and the Vendor shall employ an Operations Manager who shall be assigned solely to the service area on a full-time basis (no less than 40 hours per week). The Operations Manager shall coordinate all activities connected with the provision of services specified under this agreement, and shall be available to coordinate the enforcement of YVC’s policies, the implementation of suggestions and requests, and the prompt resolution of complaints.

The Vendor shall provide to the Vice President for Administrative Services or his/her Designee the telephone numbers and addresses of management personnel and shall arrange for at least one such person to be available at all times by telephone.

The Vendor shall maintain a weekly roster of all of the Vendor’s employees assigned to YVC’s premises. Said roster shall contain such information as YVC’s Office of Human Resources shall require and shall be furnished if so requested.

Vendor agrees that, at all times, the employees of Vendor furnishing or performing any of the services specified under this Agreement shall do so in a proper, competent, and dignified manner. Style and design of any and all uniforms shall be subject to the approval of the College's Vice President for Administrative Services or his/her Designee.

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Vendor agrees that all persons working for, or on behalf, of Vendor whose duties bring them upon the College's premises shall obey the rules and regulations that are established by the College and shall comply with reasonable directions of the College's employees.

Notwithstanding Vendor’s absolute right as an independent contractor to manage its own workforce, at the request of the Vice President for Administrative Services or his/her Designee, Vendor shall immediately and permanently remove from its College workforce, and remove from College property, any of its personnel that are identified by the College as a threat to public safety or public health; or who, in the College’s determination, consistently demonstrate an unsafe, unhealthy, disrespectful, grumpy, and/or uncooperative attitude when interacting with College employees and/or students. College agrees to make a good faith effort to bring workforce issues to the Vendor’s attention prior to said requests, but Vendor agrees to acquiesce immediately to College demands regardless of whether a workforce issue has been brought to its attention prior to College’s request for employee removal.

Vendor shall ensure that all employees who drive a private motor vehicle on the College's premises shall obtain at his/her expense the appropriate College parking permit, and park only in designated areas.

Vendor shall be responsible for the acts of its employees and agents while on the College’s premises. Accordingly, Vendor agrees to take all necessary measures to prevent injury and loss to persons or property located on the College's premises.

Vendor shall be responsible for all damages to persons on property caused by Vendor or any of its agents or employees. Vendor shall promptly repair, to the specifications of the Vice President for Administrative Services or his/her Designee, any damage that it, or its employees or agents may cause to the College's premises or equipment; on Vendor's failure to do so, the College may repair such damage and Vendor shall reimburse the College promptly for the cost of repair. The Vendor shall also be responsible for efficient energy use.

Keys are issued by the College to individuals, and cannot be transferred by the Vendor. When Vendor makes personnel changes, Vendor agrees to ensure that keys are turned in to the security office. Vendor agrees to pay all costs associated with lost keys, including lock replacement costs, if appropriate. Vendor assumes all civil and criminal liability for actions resulting from the misuse, or abuse, of keys issued to Vendor and its employees that are improperly transferred, loaned, lost, stolen, or not returned. Vendor will be issued a maximum of two (2) Grand Master (GM) keys at any time.

Vendor agrees that its employees shall abide by YVC: TOBACCO USE POLICY (Appendix D) at all times.

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The Vendor shall perform the services contemplated in this agreement without interfering in any way with the activities of YVC’s faculty, students, staff or visitors.

The Vendor will obey all Federal, State and Local laws and ordinances regarding sanitation and safety. The Vendor will not allow persons with obvious illness, open sores or other medical symptoms to work. Any contagious diseases such as hepatitis must be reported immediately to the Vice President for Administrative Services or his/her Designee. Additionally, the Vendor will report fires, hazardous conditions, and items in need of repair or replacement to the Vice President for Administrative Services or his/her Designee immediately. Emergency situations are to be reported immediately to the Office of Campus Safety, Security, and Emergency Management, or after hours to the duty officer at 509-574-4610, or 4610 from a campus phone.

The Vendor will, at its own expense, institute instruction in first aid as required by State regulations and will provide and maintain all measures required by said regulations for the safety and protection of employees. Copies of certificates of completion of employee first aid training will be provided upon request.

If Vendor shall fail to perform its responsibilities as specified above, and such failure shall continue for two (2) days after written notice given by the College, then the College shall have the right either to perform such maintenance or housekeeping and charge the cost of same to Vendor, or to terminate this agreement as otherwise provided for in this document.

4.4.13 IDENTIFICATION BADGES: Every employee and agent of the Vendor assigned to duty on the College's premises shall have prominently displayed on his/her or her person, at all times while he or she is on duty, a photographic identification badge provided by the Vendor. Vendor employees who cease for any reason to be assigned to duty on the College's premises will surrender said identification badges to Vendor prior to leaving College premises.

4.4.14 ACCIDENT REPORTING: Vendor agrees that in the event of an accident of any kind, Vendor will immediately notify the College's Vice President for Administrative Services or his/her Designee, and thereafter furnish a full written report of such accident to the Office of Campus Safety, Security, and Emergency Management, or after hours to the duty officer at 509-574-4610, or 4610 from a campus phone.

4.4.15 CALENDAR: The College calendar for each academic year will be published on the College website. It is the responsibility of the Vendor to access and use this calendar for planning.

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4.4.16 UTILITIES: The College shall provide, at its own expense, services at existing outlets (heat, gas, electricity, water, local telephone, and sewer) for the convenience of the Vendor. Any modifications to existing outlets required or requested by the Vendor shall be at the Vendor’s expense. The College will maintain utility services and make every reasonable effort to avoid their disruption. (The College will not provide Internet services for the vendor. Vendor is responsible for any telecommunications utilities and/or Internet services and fees needed to operate its POS system.) In the event any utility service must be interrupted for repair or modification, the College will make a good faith effort to provide the Vendor with advance notice when possible. In the event of such interruption or any disruption of utility services, the College will take reasonable steps to restore them promptly, but will not be responsible for any loss or delay sustained by the Vendor resulting from such interruptions from any scheduled or unplanned cause.

4.4.17 ACCESS: Vendor shall have reasonable access to the premises prior to commencement of operations hereunder in order to ensure uninterrupted food and beverage service. Similarly, vendor shall allow its successor such reasonable access to the premises during the thirty days immediately preceding the expiration of the term of this Agreement. All of Vendor's requests for access to the premises shall be directed to, and scheduled by, the Vice President for Administrative Services or his/her Designee.

4.4.18 VACATE: On termination or expiration of this Agreement, the Vendor shall vacate all parts of the College's premises occupied by it and shall restore the same (together with all equipment furnished) to the College in the same condition as when originally made available to the Vendor, reasonable wear and tear expected. The Vendor and the College shall jointly conduct a closing inventory and the Vendor shall replace or repair all lost, damaged or destroyed College-supplied equipment to make up any and all deficiencies between most recent and closing inventories. Surrendered premises and equipment shall be left in a clean, orderly state completely satisfactory to the Vice President for Administrative Services or his/her Designee.

4.4.19 INSURANCE: The Vendor shall secure, pay the premium, and keep in force until the expiration of this contract and any renewal thereof, adequate insurance as described below, such insurance to specifically include liability assumed by the Vendor under this contract and to name the College as co-insured. The Vendor's policy shall be primary over any other valid and collectible insurance.

a) Workman's Compensation Insurance- As required by the laws of the State of Washington and applicable federal laws.

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b) Liability Insurance- Appropriate Combined Single Limit Liability with limits not less than $1,000,000 per occurrence and not less than $2,000,000 aggregate.

c) Products Insurance- Appropriate Products Liability to be included in Combined Single Limit Liability with limits of not less than $1,000,000.

d) Automobile Insurance- If automotive equipment is used in the operation, automobile Combined Single Limit Liability with limits of not less than $1,000,000.

e) The Vendor shall deliver, or have sent to the Vice President for Administrative Services, Yakima Valley College, a certificate of insurance for each policy, and shall name Yakima Valley College as an additional insured. These policies will not be changed or canceled without a minimum of forty-five (45) days written notifications to the College. Vendor shall not use or allow on the College's premises anything that will invalidate any policy of insurance now or hereafter carried on any of the College's property, or which may be dangerous, or which will cause an increase in the rate of fire insurance on the College's premises, nor do or permit anything tending to create a nuisance or injure the reputation of said premises. Vendor shall prevent the creation of any objectionable noise and the emission of offensive odors.

4.4.20 LIABILITY, NON-DISCRIMINATION, DISPUTE RESOLUTION: To the fullest extent permitted by law, Vendor shall indemnify, defend, and hold harmless the state, agencies of the state, and all officers and employees of the state, from and against any and all claims for injuries or death, including claims by Vendor’s employees, agents, representatives, or any sub-vendor or its employees, or for damages arising out of, resulting from, or incidental to Vendor’s performance or failure to perform the contract, or for patent, trademark, copyright, or franchise infringement arising from the purchase, installation, or use of goods and services ordered. Vendor’s obligation to indemnify, defend and save harmless shall not be eliminated or reduced by any alleged concurrent negligence of the state or its agencies, employees, and officers. Vendor waives its immunity under Title 51 RCW to the extent required to indemnify, defend, and save harmless the state and its agencies, officers, or employees.

Yakima Valley College does not discriminate on the basis of race, color, religious belief, sex, marital status, sexual orientation, gender identity or expression, national or ethnic origin, disability genetic information, veteran status or age or status in its program and activities, or employment.

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In the event of any dispute, claim, question, or disagreement arising from, or relating to the RFP, this agreement, or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim, question, or disagreement shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms, applicable statutes and rules, and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on both parties.

4.4.21 RIGHTS AND REMEDIES: In the event of any claim for default or breach of contract, no provision in this document shall be construed, expressly or by implication, as a waiver by the College of any existing or future right and/or remedy available by law. Failure of the College to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract or by law, or the acceptance of (or payment for) materials, equipment or services, shall not release the Vendor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the College to insist upon the strict performance of the contract.

• Standard Terms and Conditions

a) This RFP, and any agreements and amendments resulting from this RFP, shall be governed by Yakima Valley College’s Terms and Conditions. Where specific terms or conditions contained in “Standard Terms and Conditions (T’s & C’s) revised 07/31/06” as published by the State of Washington, Department of General Administration, Office of State Procurement, and hereby incorporated by reference thereto are, in the College’s judgment, more favorable to the College, those specific terms or conditions shall supersede the College’s terms and conditions.

b) Prospective bidders are encouraged to review these terms at the Department’s website prior to submitting a proposal.

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4.4.22 CONFLICT AND SEVERABILITY:

Order of Precedence In the event of a conflict of interpretation related to this agreement, or between the agreement terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a) This Agreement and all Appendices b) Mutually agreed written amendments to this Agreement c) Applicable State of Washington statutes and regulations d) Applicable Federal statutes and regulations Severability Any provision of this document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the document.

4.4.23 PERSONAL LIABILITY: It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State of Washington be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

4.4.24 SUBCONTRACTS/ASSIGNMENT: Vendor shall not subcontract or assign its obligations under this contract without the prior written consent of the Vice President for Administrative Services or his/her Designee. The Vendor shall be responsible to ensure that all requirements of the contract shall flow down to any and all sub-vendors.

4.4.25 BREACH, DEFAULT, TERMINATION: a) Breach: A breach of a term or condition of the contract shall mean any one or more of the following events: 1) Vendor fails to perform the services by the date required or by a later date as may be agreed to in a written amendment to the contract signed by the College; 2) Vendor breaches any warranty or fails to perform or comply with any term or agreement in the contract; 3) Vendor makes any general assignment for the benefit of creditors; 4) in the College’s sole opinion, Vendor becomes insolvent or in an unsound financial condition so as to endanger performance hereunder;

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5) Vendor becomes the subject of any proceeding under any law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors; 6) any receiver, trustee, or similar official is appointed for Vendor or any of the Vendor’s property; 7) Vendor is determined to be in violation of federal, state, or local laws or regulations and that such determination, in the College’s sole opinion renders the Vendor unable to perform any aspect of the contract.

b) Default: A Vendor may be declared in default for, in the College’s sole opinion, failing to perform a contractual requirement or for a material breach of any term or condition.

c) Termination for Cause: The College and the Vendor are committed to a good working relationship based on mutual trust and close cooperation. The College fully expects that the Vendor will provide exceptional service, and meet all terms of this agreement. However, in the event the Vice President for Administrative Services or his/her Designee, at his/her sole discretion, determines that the Vendor has failed to comply with the conditions of this Agreement in a timely manner or is in material breach, the Vice President for Administrative Services or his/her Designee has the right to suspend or terminate this Agreement, in part or in whole.

Before suspension or termination, however, in order to demonstrate the College’s good faith in the Vendor’s willingness to correct any compliance issue(s), the Vice President for Administrative Services or his/her Designee shall notify the Vendor in writing of the need to take corrective action. If corrective action is not taken within thirty (30) calendar days, or as otherwise specified by the Vice President for Administrative Services or his/her Designee, or if such corrective action is deemed by the Vice President for Administrative Services or his/her Designee to be insufficient, the Agreement may be terminated. The Vice President for Administrative Services or his/her Designee reserves the right to suspend all or part of the Agreement during investigation of the alleged breach and pending corrective action by the Vendor or a decision by the Vice President for Administrative Services or his/her Designee to terminate the Agreement.

In the event of termination, the College shall have the right to procure any and all replacement materials, supplies, services and/or equipment that are the subject of this Agreement on the open market. In addition, the Vendor shall be liable for damages as authorized by law including, but not limited to, any price difference between the original agreement and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of competitive bidding, mailing, advertising and staff time.

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If it is determined by the College that: (1) the Vendor was not in material breach; or (2) failure to perform was outside of Vendor's or its sub-vendor’s control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". The rights and remedies of Yakima Valley College provided in this Agreement are not exclusive, and are in addition to any other rights and remedies provided by law.

d) Termination for Convenience: The College may terminate this contract, in whole or in part, at any time and for any reason by giving sixty (60) calendar days’ written termination notice to Vendor. The Vendor may terminate this contract, in whole or in part, at any time and for any reason by giving one hundred twenty (120) calendar days’ written termination notice to the College.

Termination charges shall not apply unless both parties subsequently agree upon them. Where termination charges are applicable, both parties agree to negotiate in good faith and to limit the extent of negotiations to valid documented expenses incurred by Vendor prior to date of termination. College’s participation in negotiations shall not be deemed a waiver of any right of the College to seek legal redress against the Vendor for termination charges if a settlement is not reached and/or payment is not forthcoming.

e) Termination for Withdrawal of Authority: In the event that Yakima Valley College’s authority to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Agreement and prior to normal completion, Yakima Valley College may terminate this Agreement, in whole or in part, by seven (7) calendar days’ written notice to Vendor.

f) Termination for Conflict of Interest: Yakima Valley College may terminate this Agreement immediately by written notice to Vendor if it is determined, after due notice and examination, that any party to this Agreement has violated Chapter 42.52 RCW, Ethics in Public Service, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts, or any other local, state or federal laws, or College policies or procedures. In the event this Agreement is so terminated, Yakima Valley College shall be entitled to pursue the same remedies against Vendor as it could pursue in the event that the Vendor breaches this Agreement.

g) Termination by Mutual Agreement: The College and the Vendor may terminate this Contract in whole or in part, at any time, by mutual agreement. Parties must also agree as to date of termination by mutual agreement, but in no instance may date of termination go beyond the expiration date of this agreement.

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h) Sanctions: Any violations of the mandatory provisions of this contract shall be a material breach of contract for which the vendor may be subject to a requirement of specific performance, or damages and sanctions provided by contract, by RCW 39.19.090, or by other applicable laws.

4.4.26 ADMINISTRATIVE SUSPENSION: When it in the best interest of the State, Yakima Valley College may at any time, and without cause, suspend the Agreement or any portion thereof for a period of not more than thirty (30) calendar days per event by written notice from the Vice President for Administrative Services or his/her Designee to the Vendor. Vendor shall resume performance on the next business day following the 30th day of suspension unless an earlier resumption date is specified in the notice of suspension. If no resumption date was specified in the notice of suspension, the Vendor can be demanded and required to resume performance within the thirty (30) day suspension period by the Vice President for Administrative Services or his/her Designee providing the Vendor with written notice of such demand. Should Yakima Valley College invoke this provision, the College agrees to negotiate in good faith a reduction in the compensation guarantee, proportionate to the disruption to the Vendor’s business operations.

4.4.27 LEGAL FEES: The Vendor covenants and agrees that in the event suit is instituted by the College for any nonperformance, breach or default on the part of the Vendor, and the Vendor is adjudged by a court of competent jurisdiction, it shall pay to the College all costs, expenses expended or incurred by the College in connection therewith, and reasonable attorney's fees, within thirty (30) days of recorded judgment.

4.4.28 FORCE MAJEURE: a) Definition: Except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences.

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b) Notification: If either party is delayed by force majeure, said party shall provide written notification to the other party within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall be provided to the other party. The time of completion of this contract (or any of its allowed extensions) may be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this contract, at the sole discretion of the College. c) Rights Reserved: The College reserves the right to cancel the contract and/or purchase materials, equipment or services from the best available source during the time of force majeure, and Vendor shall have no recourse whatsoever against the College.

4.4.29 MINIMUM FOOD QUALITY STANDARDS: The Vendor shall procure, prepare and serve nutritious, wholesome and palatable food and beverages for the College. All Vendor- and sub vendor-freshly prepared and packaged food items must be properly identified by name and pull date. Freshly prepared food items must be pulled and disposed of after no more than 36 hours. The Vendor will ensure quality food service at College facilities by observing the following minimum standards.

a) Meat The Meat Buyers Guide (a publication of the National Association of Hotel & Restaurant Meat Purveyors) is used as a minimum specification for primal and fabricated meat cuts. All meat and meat products, except sausage products, shall have been slaughtered, processed and manufactured in plants operated under USDA inspection and bear the appropriate seal. All meat and meat products must be sound and sanitary upon delivery. The meat must be free of objectionable odor or other signs of deterioration. No preservatives, tenderizers or coloring agents may be added to any fresh meat or fresh meat product. Imported meat products are prohibited for any purpose, with the exception of cured meats. Minimum grading for all graded cuts are as follows: beef, veal and lamb - USDA Prime and Choice, pork will be USDA Number "1" (as defined in S.R.A. number 171, US Standards for Grades of Pork Carcasses).

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b) Poultry USDA Grade "A" is to be used for all graded fresh and frozen poultry or poultry as a minimum specification. USDA Grade "B" turkeys may be used as an exception to the above when appropriate for cooking.

c) Dairy Products The following are to be used as specifications for all graded dairy products: milk and milk products and graded cheeses will be USDA Grade "A", butter will be USDA Grade "A"(92 score), and eggs will be Fresh USDA or State Graded "A".

d) Fish and Seafood If available, fresh fish and seafood are preferred. Frozen fish must be a nationally distributed brand, packed under constant inspection of the US Department of Interior.

e) Canned Fruits, Juices and Vegetables USDA Grade "A" (fancy) for all graded vegetables, Grade "B" (extra standard) for ingredient tomatoes, Grade "A" (fancy) and Grade "B" (choice) for all graded fruits and fruit juices as a minimum specification. Grade "C" (standard) fruits may only be used for pie and bakery production.

f) Fresh Fruits and Vegetables USDA Fancy or Number "1" are to be used for all graded fresh fruits and vegetables as a minimum.

g) Frozen Fruit and Vegetables USDA Grade "A" is to be used for all graded frozen fruits and vegetables as a minimum.

A certificate of inspection and grading may be requested for verification at any time.

4.4.30 ENVIRONMENTAL ISSUES: The Vendor shall conform to the conditions and provisions of any Yakima Valley College recycling and environmental quality policy, and any changes made to that policy.

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4.4.31 ENTIRE AGREEMENT: This document, including any amendments, extensions, and other documents, whether in whole or in part, whether contained herein or incorporated by reference and the responses of the successful Vendor, comprises the entire agreement between Yakima Valley College and the Vendor, and shall be governed by the laws of the State of Washington incorporated herein by reference. The venue for any legal action shall be the Superior Court for the State of Washington, County of Yakima.

4.4.32 CONTRACT COMPLIANCE: Failure on the part of the Vendor to perform any portion of this agreement to the satisfaction of the College shall constitute a breach of contract, and shall be grounds for termination of this agreement at the sole discretion of the College. Notwithstanding any liquidated damages paid to the College for failure to adhere to any portion or portions of this agreement, the College retains the right to pursue any other actions against the Vendor as it sees fit.

5. PROPOSAL REQUIREMENTS

All vendors making proposals under this RFP must provide a response to each statement or requirement listed in RFP in this section indicating whether they can meet the requirement and the manner in which it would be met. Responses to each requirement must follow the same number sequence as given below.

1. A letter of introduction to the College. 2. Complete and submit Attachments A, B and C 3. Stability and Experience—20 points 3.1 Give a brief history of your company. 3.2 Provide your credit rating or a bank reference. 3.3 Do you have any pending or past litigation, reorganizations, or bankruptcy petitions? 3.4 Management Structure - Describe the management structure of your firm. 3.5 For reference purposes, list a minimum of three comparable organizations your firm has served, and the dates you served them, for the last 3 years. If your firm has no comparable experience, how do you plan to provide food service of this size and complexity? Complete Attachment 4. Compensation to College—20 points 4.1 Indicate the method and amount of incentive/compensation the College will receive from your firm. This compensation may be a monthly or yearly fixed fee or a percentage of the gross sales (less sales tax), or other form of compensation. Methods involving a percentage of the net sales after expenses as the primary compensation are not acceptable. We would also like to see a tiered compensation schedule based on gross sales, i.e. if we exceed expectations, the compensation would increase at what level? 4.2 Provide an annual pro forma budget projection

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5. Plan of Service, including Menus and Service Style—20 points 5.1 Describe your plan of service including sample layout and design with proposed signage ideas for the current spaces. 5.2 Please provide café menu and pricing per your operational plan. 5.3 How would you incorporate ethnic, specialty and healthy foods in your menu? 5.4 How would you incorporate grab n’ go for breakfast and throughout the day to address the needs of students with short breaks at both locations? 5.5 Provide an example of healthy options and nutritional breakdowns 5.6 Provide examples of three breakfast and three lunch specials, including pricing and nutritional breakdowns 5.7 Provide two examples of soups you would offer, including nutritional breakdowns. What would charge for a cup of soup? A bowl of soup? What would you charge for a hamburger combination, including fries and a drink? 5.8 Provide examples of coffee menus at both the Espresso bar and Sundquist Hall. 5.9 Provide a transition plan that details each step required to go from the award of contract date to opening day. 6. Staffing and Management—20 points 6.1 Please provide a resume of the person you have selected to be the site manager for Yakima Valley College. 6.2 Staffing Levels - Describe the staffing levels you intend to use at the College. Include information showing your firm's program for building employee morale, incentive plans, and any other relevant materials to retain employees. 6.3 Describe your housekeeping and sanitation procedures and standards, in precise detail. 6.4 Describe your employee training programs including safety, sanitation and operations. 7. Marketing Programs & Customer Satisfaction—10 points 7.1 Please provide samples of printed promotional material distributed to customers. 7.2 Please provide samples of your method of measuring customer satisfaction; 7.3 I.e. survey instruments. 7.4 How do you use the information gathered to maximize sales and support customer satisfaction 7.5 How do you respond to customer concerns?

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8. Catering Expertise—10 points 8.1 Please submit menus, service level(s), prices and general policies for catered events. 8.2 Describe four special events you have catered in the last 3 years. Please provide a minimum of three references for each event. 8.3 The College occasionally serves alcoholic beverages at special functions. Currently, all requisite permits/licenses and proper service of alcohol are the responsibility of the Vendor. All State of Washington Liquor and Cannabis Board rules and procedures must be followed. The purchase of alcohol is the responsibility of the sponsoring group. Describe your procedures for preparing to serve and serving alcoholic beverages at special functions, including your corkage fee for wine provided by the sponsoring group. 8.4 What cashiering/POS System do you propose? Describe your experience with this system, and/or why you would use it. 8.5 Do you currently have a catering ordering web site? If not, what is your plan to create and maintain one? 9. Other—10 points--Please describe any other factors that may enhance or otherwise influence your proposal. 10. Copy this agreement in its entirety, sign it, and submit it with your responses. If you are the successful vendor, you will receive a signed copy from Yakima Valley College. 11. Your Tax ID number and W9 is required. Tax ID number:______12. UBI #: ______

6. EVALUATION:

Evaluation of proposals received and found to be responsive will be done by a committee. The committee will recommend one vendor to the Yakima Valley College Vice President for Administrative Services. In case scoring of those with less than the best score is within 10% of best score, the following will happen: 1. Vendors will be called for an interview based on the initial evaluation of proposals submitted. College representatives will conduct this interview. The interview will be on or about May 17, 2018. 2. Before and/or after the interview a visit may be made to sites where the vendor currently has a food service program. Give us the name of two sites where this evaluation may take place. Evaluation of site visit will include but not be limited to the following criteria: 2.1 Presentation of Food 2.2 Taste Test (no host) 2.3 Cleanliness 2.4 Staffing, Organization 3. We will meet with the proposed manager for our site at the interview.

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7. AWARD RESULTS

Upon award, notification will be sent to all participating Vendors via WEBS: https://fortress.wa.gov/ga/webs/.

A copy of the evaluation summary and other Proposal data will be furnished to responsive vendors who have submitted a letter to the Office of Public Information at Yakima Valley College requesting access to Public Information. Vendors can receive written documentation and also have access to the entire file once Proposal is awarded and after protest period has passed. Results will not be given over the phone.

8. DEBRIEFING

Upon request, a debriefing conference will be scheduled with an unsuccessful Respondent.

Debriefing requests must be submitted within three (3) business days of the intent to award announcement. Discussion will be limited to a critique of the requesting Contractor’s proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone, at the College’s discretion.

9. PROTESTS AND APPEALS

This procedure is available only to Vendors who submitted a response to this solicitation document, and who have participated in a debriefing conference. Upon completing the debriefing conference, the Vendor is allowed five (5) business days to file a protest of the acquisition with the Purchasing Office by attaching a signed letter of protest to an email, which shall be sent to [email protected]. Vendors protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative and legal remedy available to Vendors under this procurement. Vendors waive any and all rights to seek administrative, financial, legal, and all other forms of redress beyond the protest and appeal processes described in this document. All protests must be in writing, and signed by the protesting party or an authorized Agent. a) Grounds for Protest For a protest to be considered, the protest must be based solely on:

● A matter of bias, discrimination or conflict of interest on the part of an evaluator; and/or ● Errors in computing the score; and/or ● Failure to follow procedures described in the procurement document

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b) Procedure Protests shall be filed and resolved in accordance with relevant sections of Washington Administrative Code (WAC) 200-300. A protest regarding a matter, which could have reasonably been known or discovered prior to award, must be received prior to distribution of award information. A protest regarding a matter arising after the award must be received before 4:00 pm Pacific Time on the fifth (5) business day after the award information has been distributed. All protests must be filed by attaching a signed letter of protest to an email, which shall be sent to [email protected]. Protests shall include:

● Information about the protesting bidder such as name of firm, mailing address, phone number and name of individual responsible for submission of the protest. An authorized agent of the vendor must submit the protest letter. ● The facts and arguments that are relied on as the basis for the protest ● Any relevant exhibits or evidence supporting the protest ● Specific reference to the grounds for the protest ● Description of the relief or corrective action requested

c) Review Process Upon receipt of a protest prior to award, the College may postpone awarding the contract until the protest has been resolved. Upon receipt of a protest after award, the College may suspend implementing the contract until the protest has been resolved. The College will perform an objective review of the protest. The review shall consider the protest material submitted by the protestor and all other facts known to the College. The College will render a written decision to the bidder within ten (10) business days after receipt of the protest, unless more time is needed. The protesting bidder shall be notified if additional time is necessary. If an award is cancelled as a result of a protest filed after award, the College shall not be liable to the awardee for, and the awardee shall not claim against the State of Washington or its agents, including, but not limited to, Yakima Valley College, any alleged (a) bid preparation charges, (b) cost incurred to ensure that the awardees bid is responsive, (c) claims for anticipated lost profits, (d) claims for damages, or (e) any other costs or claims.

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d) Appeal Process The College’s decision regarding a protest received prior to award may be appealed by the protesting bidder or the bidder(s) against whom a protest is made. The College’s decision to cancel an award as a result of a protest received after award may be appealed by the bidder whose award was cancelled. All appeals must be filed by attaching a signed letter of appeal to an email, which shall be sent to [email protected]. All appeals must be received before 4:00 p.m. Pacific Time on the fifth (5) business day after receipt by the bidder of the College’s protest decision or cancellation of award. The College will render a written decision to the bidder within ten (10) business days after receipt of the appeal, unless more time is needed. Bidders agree that the decision of the College shall be final. Bidders waive any and all rights to seek administrative, financial, legal, and all other forms of redress beyond the protest and appeal processes described in this document. The appealing bidder shall be notified if additional time is necessary.

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ATTACHMENTS

Attachment A = Offer & Contract Award

Attachment B = Certifications and Assurances

Attachment C = References

Yakima Valley College RFP No. 11794 Attachments

ATTACHMENT A: OFFER AND CONTRACT AWARD

OFFER AND CONTRACT AWARD

OFFER (FOR CONTRACTOR'S USE ONLY)

The undersigned hereby offers and agrees to furnish materials, equipment, and services in compliance with all terms and conditions as specified in RFP ##11794. Submittal of this document with authorized signature signifies complete understanding and compliance with said terms and conditions and verifies that all goods are available and services established at the time of Bid submittal.

______By: ______(Company Name) (Typed or Printed Name)

______(Address) (Title)

______(City) (State) (Zip) (Signature)

______(Phone No.) (Date)

______(FAX No.) (Email address and WEB site)

______Tax Identification Number OMWBE Certification Number

CONTRACT AWARD (For Yakima Valley College Use Only)

Contract No. ______for Cafeteria, Coffee, and Catering Services is hereby awarded between the Vendor identified above and Yakima Valley College, to be effective______; this contract is a part of RFP ##11794. Contractor will reference all invoicing and correspondence using the Contact number and RFP number of this document.

______Dr. Linda Kaminski, President Date Contractor Date Yakima Valley College

Yakima Valley College RFP No. 11794 Attachment A :: Page 1 of 1

ATTACHMENT B: CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of this contract:

1. I/we declare that all answers and statements made in the proposal are true and correct, and that I/we agree to all terms and conditions as stated herein.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer for a period of 120 days following closing date, and it may be accepted by the AGENCY without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 120‐day period.

4. In preparing this proposal, I/we have not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.) Further, I/we have not contacted any current or former employees of Yakima Valley College, other than the Director of Logistics Operations or his/her named Designee, in relation to any aspect of this proposal.

5. I/we understand that the College will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the College, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal. Further, I/we understand that this proposal is a matter of public record, and that once the successful bidder is named, and the contract signed, it is subject to public disclosure under Washington State law.

6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Proposer or to any competitor.

7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents, and general terms and conditions in its entirety, as well as agreement to fully comply with all applicable state and federal laws, including anti‐discrimination laws. If there are any requested exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document. I/we understand that any exceptions I/we list may not be accepted by the College, but that my/our bid is valid and legally binding, regardless.

8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

Signature of Vendor Company Name

Name and Title Date

Yakima Valley College RFP No. 11794 Attachment B :: Page 1 of 1

ATTACHMENT C: REFERENCES

Reference 1

1. Vendor Name 2. Contact Name 3. Contact Title 4. Scope of work for reference 5. Sample Cafeteria Menu 6. Sample Catering Menu 7. Contact Phone Number 8. Contact FAX Number 9. Contact email address

Reference 2

1. Vendor Name 2. Contact Name 3. Contact Title 4. Scope of work for reference 5. Sample Cafeteria Menu 6. Sample Catering Menu 7. Contact Phone Number 8. Contact FAX Number 9. Contact email address

Reference 3

1. Vendor Name 2. Contact Name 3. Contact Title 4. Scope of work for reference 5. Sample Cafeteria Menu 6. Sample Catering Menu 7. Contact Phone Number 8. Contact FAX Number 9. Contact email address

Yakima Valley College RFP No. 11794 Attachment C :: Page 1 of 1 APPENDICES

Appendix A = Sample Contract

Appendix B = Sales

Appendix C = Links

Appendix D = YVC Tobacco Policy

Yakima Valley College RFP No. 11794 Appendices

Appendix A – Sample Contract

Yakima Campus South Sixteenth Ave. & Nob Hill Blvd P.O. Box 22520 Yakima, WA 98907-2520 Phone: (509) 574-4600 FAX: (509) 574-6860

This contract is entered into by Yakima Valley College, hereinafter referred to as “YVC,” and CONTRACTOR NAME., hereinafter referred to as “Contractor.”

1. PURPOSE OF THE AGREEMENT The Agreement sets forth the terms and conditions upon which Yakima Valley College (hereinafter referred to as the College) retains (Vendor name) (hereinafter referred to as Contractor) to manage and operate food and espresso service for the College’s students, faculty, staff, employees, and invited guests at the Yakima campus.

2. INDEPENDENT CONTRACT RELATIONSHIP Contractor shall act as an agent for the College in the management of the food and espresso service operations. Contractor shall purchase food and supplies in Contractor’s name and shall pay the invoices. As principal, the College may review the Contractor’s daily operation of the food and espresso service, including working conditions, safety, sanitation, and maintenance of the premises.

3. REGULATIONS AND ACCESS The College may require the Contractor to implement reasonable regulations for use and occupancy of the premises and shall give Contractor written notice thereof. The College’s authorized representatives shall have access to the premises at all times.

4. DEFINITIONS • Accounting Period: A period of four weeks, 13 of which constitute an accounting year. • Espresso Service: The preparation, service, and sale of primarily Espresso type beverages, goods, merchandise, and other items at the premises. • Food Service: The preparation, service, and sale of food, beverages, goods, merchandise, and other items at the premises. • Gross Sales: All sales of food, beverages, goods, merchandise, and services in the food service operation, plus sales tax if applicable. • Net Sales: Gross sales excluding sales tax. • Premises: The College’s facilities located at the Yakima Campus, South 16th Ave & West Nob Hill Blvd., Yakima, Washington, 98902.

5. TERM, EXCLUSIVITY, AND SCOPE • Term of Agreement: The term of the Agreement is five years commencing on or before September 1, 2018 and continuing through August 31, 2023, unless terminated by either party as hereinafter provided. The Agreement may be extended three additional terms of five-years each, for a total contract period not to exceed twenty years, subject to mutual acceptance. • Scope: Contractor will have rights to purchase, prepare, serve and sell, on a for-profit or loss basis, food, food products, espresso and beverages in the College’s facilities described above. Exceptions to these rights include: . vending machines, . authorized student organization sponsored fundraising sales of cakes, tacos, fry bread, cookies, popcorn, hot dogs, and items of a similar nature, . catering services, . athletic department sponsored events, . vendors who donate goods and services to conferences, special events and/or student groups, for other than sale, . other unspecified catering and food services as required.

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6. COLLEGE SUPERVISION AND LIAISON • The College Liaison acts as the agent for the Vice President for Administrative Services in matters related to the Food Service contract. • Liaison between the College and Contractor shall be the responsibility of the College Liaison and the Contractor’s Food Service Director. • The College reserves the right to supervise and monitor all aspects of the campus food services with respect to variety, quality, and quantity of food served; methods of preparation and service; opening and closing hours; and in the general categories of safety, sanitation, and maintenance of food service standards, each of which shall be conducted by the Contractor in a manner satisfactory to the college. • It shall be the responsibility of the College Liaison to enforce, on behalf of the College, provisions of the food service contract. The liaison will attempt to resolve all matters with the Director of Food Services without involving other parties. • The college or the Contractor may choose to form a campus Food Service Advisory Committee which may assist the Food Service and College Liaison in the performance of their functions. If formed, the Advisory Committee shall meet regularly to discuss all matters related to food service on campus. • The College Liaison performs an active role in the decision-making process relative to menus, pricing, meal hours, equipment procurement, and many other food service matters.

7. RETAIL SALES • Location: Contractor shall provide retail sales at the premises and at such other locations as College and Contractor shall agree. • Retail Prices: Prices charged for retail sales shall be reasonable as determined by mutual agreement of the parties. Contractor reserves the right to request adjustment of retail prices if market purchasing changes adversely. Changes in retail prices of individual items may be adjusted by mutual consent. • Contractor and the College Liaison will agree on all menu items and their retail prices, which thereafter shall not be changed without the prior written consent of the College Liaison. Any requests by Contractor for price changes during the term of this Agreement are to be submitted to the College Liaison with justifying evidence as requested in advance of implementation, and will not be put into effect until the College Liaison concurs. • Contractor will supply the College Liaison with the schedule of retail prices to be charged for each proposed new menu item. If disputes arise over pricing, the decision of the College Liaison will prevail. Contractor may appeal to the Vice President for Administrative Services for resolution. • Contractor shall market retail services to students, faculty, staff, guests or patrons of the college that utilize facilities. Contractor shall also make available in each unit a mechanism for the sale of pre- paid cash cards. Sale of these cards shall be reported and shown on the Contractor’s financial statements as income.

8. SERVICE SCHEDULE. An annual schedule of services for operating location will be developed and mutually agreed upon and updated each contract year. The schedule will include location, operating days (open or closed) and hours of operation. The schedule will be listed in academic and non-academic timeframes and shall be attached to this Agreement. Contractor reserves the right to request adjustment of hours of operations throughout the school year if conditions change. Such changes will be mutually agreed upon.

9. FOOD AND BEVERAGE SERVING AND DISPLAY REQUIREMENTS. • All food shall be garnished for attractive presentations whenever possible. • Serving lines are to be well stocked throughout the entire service period. • Any food appearing discolored, unappealing or not in a proper state of freshness shall not be served. Leftover food items which cannot be maintained at the original level of freshness as when first served shall not be used. • All Contractor employees shall be instructed by Contractor in the following areas: • service and display methods • sanitation standards • dress (uniform) and identification • personal habits and hygiene • cleaning procedures

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• Display and serving areas shall be clean, sanitary, orderly and attractive at all times. Contractor’s personnel shall insure this by inspections and frequent visits to these areas throughout the service period with particular attention to peak periods. • Any spillage or soil shall be removed from counters, steam table pans, general serving area and floors. • Service problems shall be anticipated and resolved immediately. The Contractor management staff shall review problems on a regular basis, and discuss and implement solutions to prevent recurrences. Examples of such problems include excessively long lines, bottlenecks in traffic flow, delays in production, products which are difficult to serve, shortages of equipment and supplies, and insufficient supplies of condiments, etc.

10. EMPLOYEES • Hiring. Contractor shall hire all employees necessary for the performance of this Agreement. Upon being hired, such employees shall be subject to such health examination as proper city, state, or federal authority may require in connection with their employment. All persons hired by Contractor will be employees of Contractor, and not of the College, and will be covered by employee dishonesty coverage. • Wages and Hours of Employment. Contractor agrees to comply with applicable federal, state, and local laws and regulations pertaining to wages and hours of employment. • Conduct: Contractor agrees that its employees and agents shall comply with and observe all applicable rules and regulations concerning conduct on the premises which College imposes upon client’s employees and agents. Contractor agrees that, at all times, the employees of Contractor furnishing or performing any of the services specified under this Agreement shall do so in a proper, professional, and dignified manner including wearing uniforms which shall be neat, clean, well-pressed, and in good condition. The College reserves the right to request termination of any employee for misconduct. • Management Employees: Contractor shall provide qualified management employees to operate the food service and supervise all food service employees. The College reserves the right to review and approve the qualifications of, and to interview, all personnel recommended by Contractor for managerial positions. • Management staff shall not be changed more than once per year unless mutually agreed, and then not without thirty (30) days notice and a replacement selection which is acceptable to the college. • Management positions shall not remain unfilled for a period to exceed thirty days. The college reserves the right to have the Contractor change his food service director and managers at its sole discretion.

11. INVENTORIES, FACILITIES, EQUIPMENT, AND MAINTENANCE • Inventory of Equipment: Contractor and College shall inventory College’s food service equipment. College and Contractor shall sign a written inventory of such equipment that shall be attached as exhibit. An inventory will be conducted in August each year of this Agreement to maintain current status of equipment, allowing for ordinary wear and tear. Contractor will provide menu boards, signs and small wares as necessary and considered reasonable and agreeable to the College Liaison. • Contractor may provide and install additional equipment, at its expense, after receiving the approval of the College Liaison. All equipment provided by Contractor will remain the property of Contractor, regardless of the manner in which said property is attached or affixed to the property of the College. Contractor shall have the right to remove, or on the College’s request, to sell to the College at fair market value, such equipment within 30 days after the expiration or termination of this Agreement, subject to the other provisions of this Agreement. • Any proprietary signage shall remain the property of the Contractor. • Inventories of Food, Beverages, and Supplies: Upon termination of this Agreement, all inventories of food, beverages, equipment and supplies owned by Contractor shall be removed from College premises at no expense to the College. • China and Small Wares: Contractor shall be responsible for providing necessary china and small wares for any contracted service. • Office Facilities: College shall, at the College’s expense and at Contractor’s option, provide suitable office facilities, as available. The Contractor is responsible for the purchase and maintenance of all office equipment. Computer hardware necessary for the Contractor’s operations shall be purchased by the Contractor according to guidelines provided by the college’s Information Technology Department. Office decorations, carpeting, etc. shall be provided by the Contractor. Contractor shall take reasonable and proper care of the office facilities.

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• College-owned equipment shall not be used, loaned or rented to a third party except with special permission of the college. The Contractor shall not, without consent of the College, move College equipment between operating units or rearrange facilities equipment. Contractor shall not produce, store or use college facilities, equipment and/or inventories for other company-owned or contract operations without the consent of the College. • Telephone Expenses: Contractor shall be responsible for telephone installation costs. Contractor may arrange for College telephone service with the College, if desired. • Sanitation and Housekeeping: Contractor shall be responsible for usual and customary cleaning and sanitation of the premises, as set forth below. College shall be responsible for any costs involved in setting up and cleaning premises for functions not managed by Contractor. • Contractor shall be responsible for daily housekeeping, cleaning maintenance, and sanitation service for all food service areas, offices, equipment and supplies necessary to accomplish this task. This shall include, but not be limited to production and serving kitchens, refrigerators, freezers, receiving and storage, trash and garbage areas, service and designated seating areas, employee restrooms, walls, ceilings, lights, windows, doors, vents, floors, grease disposal areas, and hoods. Contractor shall be responsible for coordinating with College Liaison regarding cleaning of seating area. • No cooking oils, grease, or fats are to be disposed of, or dumped into the sewer system. These must be discarded by a rendering company or other approved method at the Contractors expense. Contractor shall be responsible for the cleaning of all grease traps. Maintenance of the traps will be by the college. • The Contractor shall provide the cleaning of hood surfaces, filters, plenums, ducts, fans and roof mounted coverings as required by appropriate city or county health department ordinances. It is expected that these services will be performed by a professional cleaning service specializing in these areas. Certification of cleaning must be prominently displayed on the hood surfaces. • Pest control shall be provided by the Contractor. • The College will be responsible for the semi-annual inspection of the exhaust hood and cooking surface protection equipment, including replacement, when necessary, of fusible links, the inspection of portable fire extinguishers, and the recharging of such extinguishers and cylinders as may be required. • Waste removal shall be performed by the college from designated collection sites. It is the Contractor’s responsibility to move all waste to these collection areas. • If either party fails to perform its maintenance or housekeeping responsibilities, and the failure continues for ten days after written notice, the other party has the right to perform the duty and charge the cost to the party in default, or to terminate this Agreement. • Maintenance: The College shall, at College’s expense, provide maintenance personnel and outside maintenance services, parts, and supplies required to properly maintain the College-owned premises and College-owned equipment, except when damage or malfunction is caused by the negligence of the Contractor or its agents. In the event of necessary repair due to negligence, the College may request that the Contractor pay for the repairs and/or replacement. • Equipment Failure: If mechanical failure of College-owned equipment causes the loss of refrigerated or frozen product, the College shall reimburse Contractor for such loss based on invoice cost of the products. If failure is due to vendor negligence, reimbursement will not apply. • Laundry, Linen, and Uniforms: Contractor shall be responsible for costs of all laundry, linen, and uniform services. • Utilities: College shall be responsible for the cost of utilities consumed in the food service operations. • Condition of Premises and Equipment: The premises and equipment provided by College for use in the food service operation shall be in good condition and maintained by College to ensure compliance with applicable laws concerning building conditions, sanitation, safety, and health. College agrees that any modifications or alternations to the workplace or the premise (whether structural or non-structural) necessary to comply with any statute or governmental regulation shall be the responsibility of the College and shall be at the College’s expense.

12. FINANCIAL ARRANGEMENTS • College Compensation: Per attached “Exhibit A” • Contractor shall prepare a statement of sales and fee for each accounting period and shall submit such statement with any payment due to College for accounting period. Contractor shall pay fees due to the

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College at the appropriate settlement time provided, however, that the Contractor shall first offset any past due amounts owed by College to Contractor including interest charges. • Billing: Contractor shall submit all other billings to College as incurred. Payment shall be due within 30 days after the invoice date. Upon termination of the Agreement, all outstanding amounts shall be paid within 30 days after the date of termination or expiration. • Statement and Records: Contractor shall submit operating statement to College for each accounting period and maintain books and records in accordance with generally accepted accounting principles. College, at its expense, reserves the right to audit all operating statements. Contractor will give the College Liaison a monthly operating statement for each food service operation, which shall include the following: Gross sales and customer count Sales tax Net sales Cost of sales – food Payroll expenses Operating expenses Net operating profit or loss • Access: Contractor agrees that at all reasonable times during the term of this Agreement any duly authorized representative of the College may access, audit, and examine its books, documents, papers, or records, including sales receipts, salary lists, itemized expenses and disbursement, time reports, equipment charges, and overtime reports. Contractor will keep such records for three years after final payment under this Agreement. Contractor agrees to refund to the College any overpayments disclosed by such an audit. • Right of Offset: At any time when College is over 30 days past due on any obligations to Contractor, Contractor shall have the right to offset, from any surplus from the food service operation, or from other sum owed by Contractor to the College, all or any portion of such outstanding receivables.

GENERAL TERMS AND CONDITIONS

1. COMPLIANCE WITH LAW Contractor shall comply with all applicable laws, ordinances, rules, and regulations relating to food service sanitation, safety, and health, and shall maintain all necessary licenses and permits. College shall cooperate with Contractor to accomplish the foregoing.

2. WORKERS’ COMPENSATION INSURANCE Contractor shall maintain workers’ compensation as required by state law covering all of its employees employed in connection with the food and/or espresso service operation.

3. ENTIRE AGREEMENT This document, including all amendments and subsequently issued change notices, comprise the entire agreement between the State of Washington and Contractor and shall be governed by the laws of the State of Washington incorporated herein by reference. The venue for legal action shall be the Superior Court for the State of Washington, County of Thurston.

4. CONFLICT AND SEVERABILITY Conflict. In the event of conflict between contract documents and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford the state maximum benefits.

Severability. Any provision of this document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the document.

5. ANTITRUST The state maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, the Contractor hereby assigns to the state any and all claims for such overcharges except overcharges which result from antitrust violations commencing after the price is established under this contract and which are not passed on to the state under an escalation clause.

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6. NONDISCRIMINATION Employment: Acceptance of this contract binds Contractor to the terms and conditions of Section 601, Title VI, Civil Rights Act of 1964, as may be amended: In that "No person in the United States shall, on the grounds of race, color, national origin, sex, or age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance." In addition, "No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Unless exempted by Presidential Executive Order #11246, as may be amended or replaced and applicable regulations there under, Contractor shall not discriminate against any employee or applicant for employment.

7. WORKERS RIGHT TO KNOW "Right to know" legislation requires the Department of Labor and Industries to establish a program to make employers and employees more aware of the hazardous substances in their work environment. WAC 296-62- 054 requires among other things that all manufacturers/distributors of hazardous substances, including any of the items listed on this contract, must include with each delivery completed Material Safety Data Sheets (MSDS) for each hazardous material. Additionally, each container of hazardous material must be appropriately labeled with: The identity of the hazardous material, Appropriate hazardous warnings, and Name and address of the chemical manufacturer, importer, or other responsible party. Labor and Industries may levy appropriate fines against employers for noncompliance and agencies may withhold payment-pending receipt of a legible copy of the MSDS. It should be noted that OSHA Form 20 is not acceptable in lieu of this requirement unless it is modified to include appropriate information relative to "carcinogenic ingredients" and "routes of entry" of the product(s) in question.

8. GIFTS AND GRATUITIES In accordance with RCW 43.19.1937 and 1939 and RCW 42.52.150 and 160, it is unlawful for any person to directly or indirectly offer, give or accept gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with state business practices. Further RCW 43.19.1937 and the Ethics in Public Service Law, Chapter 42.52 RCW prohibits state officers or employees from receiving, accepting, taking or seeking gifts (except as permitted by RCW 42.52.150) if the officer or employee participates in contractual matters relating to the purchase of goods or services.

9. RIGHTS AND REMEDIES In the event of any claim for default or breach of contract, no provision in this document or in the bidder's offer shall be construed, expressly or by implication, as a waiver by the state of any existing or future right and/or remedy available by law. Failure of the state to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract or by law, or the acceptance of (or payment for) materials, equipment or services, shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the state to insist upon the strict performance of the contract.

10. PROTESTS Protests shall be filed and resolved in accordance with Washington Administrative Code (WAC) 236-48-141 through 143. Protests filed prior to award are to be addressed to the State Procurement Office in charge of the bid. Protests filed after the award are to be addressed to the Policy and Protest Manager, Office of State Procurement. If an award is cancelled as a result of a protest filed after award, the state shall not be liable to the awardee for, and the awardee shall not claim against the state, any alleged (a) bid preparation charges, (b) cost incurred to ensure that the awardees bid is responsive, (c) claims for anticipated lost profits, or (d) claims for damages.

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11. SAVE HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend, and save harmless the state, agencies of the state, and all officers and employees of the state, from and against any and all claims for injuries or death, including claims by Contractor’s employees, or for damages arising out of, resulting from, or incident to Contractor’s performance or failure to perform the contract, or for patent, trademark, copyright, or franchise infringement arising from the purchase, installation, or use of goods and services ordered. Contractor’s obligation to indemnify, defend and save harmless shall not be eliminated or reduced by any alleged concurrent negligence of the state or its agencies, employees, and officers. Contractor waives its immunity under Title 51 RCW to the extent required to indemnify, defend, and save harmless the state and its agencies, officers, or employees.

12. PERSONAL LIABILITY It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State of Washington be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

13. SUPERVISION AND COORDINATION Contractor shall: Competently and efficiently, supervise and direct the implementation and completion of all contract requirements specified herein. Designate a representative(s) with the authority to legally commit Contractor's firm. All communications given or received from the Contractor's representative shall be binding on the Contractor. Promote and offer to Purchasers only those materials, equipment, and/or services as stated herein and allowed for by contractual requirements. Violation of this condition will be grounds for contract termination.

14. ADVERTISING Contractor shall not advertise or publish information concerning this contract in any form or media without prior written consent from the SPO.

15. SUBCONTRACTS/ASSIGNMENT Contractor shall not subcontract or assign its obligations under this contract without the prior written consent of the SPO. The Contractor shall be responsible to ensure that all requirements of the contract shall flow down to any and all subcontractors.

16. TAXES, FEES AND LICENSES Taxes: Where required by state statute or regulation, contractor shall pay for and maintain in current status and all taxes that are necessary for contract performance. Unless otherwise indicated, the purchaser agrees to pay State of Washington sales or use taxes on all applicable consumer services and materials purchased. No charge by contractor shall be made for federal excise taxes and the purchaser agrees to furnish contractor with an exemption certificate where appropriate.

17. WARRANTIES Contractor warrants that all materials, equipment, and/or services provided under this contract shall be fit for the purpose(s) for which intended, for merchantability, and shall conform to the requirements and specifications herein. Acceptance of any service and inspection incidental thereto by the state shall not alter or affect the obligations of the Contractor or the rights of the state.

18. LIENS, CLAIMS AND ENCUMBRANCES All materials, equipment, or services shall be free of all liens, claims, or encumbrances of any kind and if the state requests, a formal release of same shall be delivered to the state.

19. PERFORMANCE Acceptance by the purchaser of unsatisfactory performance with or without objection or reservation shall not waive the right to claim damage for breach, or terminate the contract, nor constitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed by Contractor.

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20. PAYMENT Payment will be made by the state agency or political subdivision indicated on ordering document. Any bid that requires payment in less than thirty (30) calendar days need not be considered. Qualifying prompt payment discount will be considered in determining the apparent lowest responsible and responsive bid. Invoices will not be processed for payment nor will the period of cash discount commence until receipt of a properly completed invoice and until all invoiced items are received and satisfactory performance of Contractor has been attained. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. Under RCW Chapter 39.76, if purchaser fails to make timely payment(s), Contractor may invoice for 1% per month on the amount overdue or a minimum of $1.00. Payment will not be considered late if a check or warrant is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall fully compensate the Contractor for all risk, loss, damages or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Contractor.

Payment for services rendered shall be made by warrant issued from the Washington State Treasury and redeemable in U.S. dollars. Unless otherwise indicated, the state’s sole responsibility shall be to issue this warrant. Any bank or transaction fees or similar costs associated with currency exchange procedures shall be fully assumed by the contractor.

Payment term discounts effective for less than a 30-day period unless otherwise identified in bid/quote, will not be considered in the award of this bid.

21. DETERMINATION OF RESPONSIBILITY During the contract term, should the contractor be determined to be in violation of federal, state, or local laws or regulations, the state reserves the right to modify its initial determination of responsibility at the time of award and to take other action as determined appropriate, including but not limited to termination of the contract.

22. CHANGES No alteration in any of the terms, conditions, or contractual requirements herein shall be effective without the written consent of the SPO as evidenced by issuance by the state of a contract change notice.

23. ADDITIONS OR DELETIONS The state reserves the right to add or delete items, agencies, or locations, as determined to be in the best interest of the state. Added items, agencies or locations will be related to those on contract and additions or deletions will not represent a significant increase or decrease in size or scope of the contract. Such additions or deletions will be by mutual agreement, will be at prices consistent with the original bid price margins, and will be evidenced by issuance of a written contract change notice from the SPO.

24. CONTRACT SUSPENSION The state may at any time and without cause, suspend the contract or any portion thereof, for a period of not more than thirty (30) calendar days, by written notice to the Contractor. Contractor shall resume performance within fifteen (15) calendar days of written notice from the state.

25. BREACH, DEFAULT, TERMINATION

Breach: A breach of a term or condition of the contract shall mean any one or more of the following events: (1) Contractor fails to perform the services by the date required or by a later date as may be agreed to in a written amendment to the contract signed by the state; (2) Contractor breaches any warranty or fails to perform or comply with any term or agreement in the contract; (3) Contractor makes any general assignment for the benefit of creditors; (4) in the state’s sole opinion, Contractor becomes insolvent or in an unsound financial condition so as to endanger performance hereunder; (5) Contractor becomes the subject of any proceeding under any law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors; (6) any receiver, trustee, or similar official is appointed for Contractor or any of the Contractor’s property; (7)

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Contractor is determined to be in violation of federal, state, or local laws or regulations and that such determination, in the state’s sole opinion renders the Contractor unable to perform any aspect of the contract.

Default: A Contractor may be declared in default for failing to perform a contractual requirement or for a material breach of any term or condition. Termination for Convenience: The state may terminate this contract, in whole or in part, at any time and for any reason by giving thirty (30) calendar days written termination notice to Contractor. Termination charges shall not apply unless they are subsequently agreed upon by both parties. Where termination charges are applicable, both parties agree to negotiate in good faith and to limit the extent of negotiations to valid documented expenses incurred by Contractor prior to date of termination. Should the parties not agree to a satisfactory settlement, the matter may be subjected to mediation and/or legal proceedings. Termination for Breach and/or Default: Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the Contractor or of the Contractor’s suppliers or subcontractors, the state shall be entitled, by written or oral notice, to cancel and/or terminate this contract in its entirety or in part for breach and/or for default of any of the terms herein and to have all other rights against Contractor by reason of the Contractor’s breach as provided by law. Termination by Mutual Agreement: The state or the Contractor may terminate this contract in whole or in part, at any time, by mutual agreement with thirty (30) calendar days written notice from one party to the other. Sanctions: Any violations of the mandatory provisions of this contract shall be a material breach of contract for which the contractor may be subject to a requirement of specific performance, or damages and sanctions provided by contract, or by applicable laws.

26. OPPORTUNITY TO CURE DEFAULT Events: In the event that Contractor fails to perform a contractual requirement or materially breaches any term or condition, the state may issue a written or oral notice of default and provide a period of time in which Contractor shall have the opportunity to cure. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages. The state is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely by the state. The state may terminate the contract for nonperformance, breach, or default without allowing the opportunity to cure by the Contractor. Remedies: If the nonperformance, breach or default remains after Contractor has been provided the opportunity to cure, the state may do one or more of the following: Exercise any remedy provided by law. Terminate this contract and any related contracts or portions thereof. Impose liquidated damages. Suspend Contractor from receiving future Invitations for Bid.

27. LEGAL FEES The Contractor covenants and agrees that in the event suit is instituted by the College for any nonperformance, breach or default on the part of the Contractor, and the Contractor is adjudged by a court of competent jurisdiction, Contractor shall pay to the College all costs, expenses expended or incurred by the College in connection therewith, and reasonable attorney's fees.

28. FORCE MAJEURE Definition: Except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences. Notification: If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall be provided.

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The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this contract. Rights Reserved: The state reserves the right to cancel the contract and/or purchase materials, equipment, or services from the best available source during the time of force majeure, and Contractor shall have no recourse against the state.

29. ESTABLISHED BUSINESS To be considered responsive, contractor must, prior to commencing performance, or prior to that time if required by law or regulation (reference WAC Chapter 18.27), be an established business firm with all required licenses, bonding, facilities, equipment and trained personnel necessary to perform the work as specified in the bid solicitation.

The state reserves the right to require proof of said requirements including business references within ten (10) calendar days from the date of request.

30. PROPRIETARY INFORMATION Supplier should clearly identify any material that constitutes valuable formulae, designs, drawings, and research data claimed to be exempt from public disclosure RCW 42.17.310, along with a statement of the basis for such claim of exemption. Pricing and entire bid packages are not considered proprietary. The agency will give notice to the supplier of any request for disclosure of such information received within 5 (five) years from the date of submission. Failure to so label such materials or to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting supplier of any claim that such materials are, in fact, so exempt.

31. OSHA AND WISHA REQUIREMENTS OSHA and WISHA requirements: Supplier agrees to comply with conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA) and, if manufactured or stored in the State of Washington, the Washington Industrial Safety and Health Act of 1973 (WISHA) Chapter 19.28 RCW and WAC 296-24 and the standards and regulations issued there under and certifies that all items furnished and purchased under this order will conform to and comply with said standards and regulations. Supplier further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of supplier’s failure to comply with the acts and standards there under, and for the failure of the items furnished under this order to so comply.

32. INSURANCE General Requirements: Contractor shall, at their own expense, obtain and keep in force insurance as follows until completion of the contract. Within fifteen (15) calendar days of receipt of notice of award, the Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to the state that insurance, in the following kinds and minimum amounts has been secured. Failure to provide proof of insurance, as required, will result in contract cancellation.

Contractor shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self- insurance programs afforded to or maintained by State.

Specific Requirements: Employers Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employers Liability insurance with a limit of no less than $1,000,000.00. The state will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract.

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Commercial General Liability Insurance: The Contractor shall at all times during the term of this contract, carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under this contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants.

The insurance shall also cover bodily injury, including disease, illness, and death and property damage arising out of the Contractor’s premises/operations, independent contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) conditions.

Contractor waives all rights against the State for the recovery of damages to the extent they are covered by general liability or umbrella insurance. The limits of liability insurance shall not be less than as follows:

General Aggregate Limits (other than products-completed $2,000,000 operations) Products-Completed Operations Aggregate $2,000,000 Personal and Advertising Injury Aggregate $1,000,000 Each Occurrence (applies to all of the above) $1,000,000 Fire Damage Limit (per occurrence) $ 50,000 Medical Expense Limit (any one person) $ 5,000

Business Auto Policy (BAP): In the event that services delivered pursuant to this contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, subcontractor, or anyone employed by either.

Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1,000,000 per occurrence. The business auto liability shall include Hired and Non-Owned coverage.

Contractor waives all rights against the State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. Additional Provisions: Above insurance policies shall include the following provisions: Additional Insured: The State of Washington and all authorized contract users shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

Notice of policy(ies) cancellation/non-renewal: For insurers subject to RCW 48.18 (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the State forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract.

For insurers subject to RCW 48.15 (Surplus Lines) a written notice shall be given to the State twenty (20) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract.

If cancellation on any policy is due to non-payment of premium, the State shall be given a written notice ten (10) calendar days prior to cancellation.

Identification: Policy(ies) and Certificates of Insurance must reference the state’s bid/contract number.

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Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports. Any exception must be reviewed and approved by the Risk Manager for the State of Washington, by submitting a copy of the contract and evidence of insurance before contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with RCW 48.15 and WAC 284-15.

Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits.

33. NOTICE Any notice or communication required or permitted to be given hereunder shall be in writing and served personally, delivered by courier or sent by United States Postal Services certified mail, postage prepaid with return receipt requested, addressed to the other party as follows:

To the College To the Contractor

College Liaison Vendor Name Yakima Valley College Address Post Office Box 22520 City, State Zip Yakima, WA 98902-2520

And/or such other persons or places either of the parties may hereafter designate in writing. All such notices shall be effective when received.

34. VACATING PREMISES UPON TERMINATION OF AGREEMENT Upon termination or expiration of this Agreement, Contractor shall vacate all parts of the College’s premises occupied by it and shall restore the same, together with all equipment furnished to the College in the same condition as when originally made available to Contractor, ordinary wear and tear expected. Contractor and the College shall jointly conduct a closing inventory, and Contractor shall replace or repair all lost, damaged, or destroyed College-supplied equipment as a result of Contractor negligence to make up any deficiency between opening and closing inventories. Surrendered premises and equipment shall be left in a clean, orderly state, satisfactory to the College’s facility operations supervisor.

35. TERMS AND CONDITION This Agreement including referenced amendments represents all the terms and conditions agreed upon by the parties. No other interpretation or representation, or otherwise, regarding the subject matter of this contract will be deemed to exist or to bind any of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have entered into the Agreement as of the date indicated below.

YAKIMA VALLEY COLLEGE CONTRACTOR

BY:______By:______Teresa Holland, Vice President, Administrative Services

Date:______Date:______

Yakima Valley College RFP No. 11764 Appendix A :: Page 12 of 12 Appendix B: Sales

Yakima Valley College Food Service Sales

Cafeteria/Coffee Catering Total FY14‐15 $402,991.29 $16,897.75 $419,889.04 FY15-16 $388,962.54 $25,759.68 $414,722.22 FY16-17 $335,677.88 $23,206.70 $358,884.58

Sales are net sales after sales tax but still include commission and leasehold paid.

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Appendix C: Links

The current College Academic Calendar is available here.

The College web site is https://www.yvcc.edu/.

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Appendix D: YVC Tobacco Policy

Board Policy

4.20 SMOKING AND TOBACCO USE

Approved by the Board of Trustees on 5/11/16, Motion No. 16-05-05 Supersedes Motion No. 11-01-01, Motion No. 01-04-01 and Motion No. 91-09-02

Click here to refer to related administrative procedures.

In accordance with state laws and regulations tobacco products, in any form, shall not be permitted except in designated areas.

Because there is increasing evidence that use of smoking devices and/or tobacco products create a danger to public health, and in order to protect the public health, safety, and welfare, the declared purpose of this regulation is to prohibit smoking and the use of tobacco products in certain places which are used by and open to the general public.

“Smoking” as used in this policy shall include any cigarette, electronic cigarette or similar product.

“Tobacco” as used in this policy shall include products such as chewing tobacco or the smoking or carrying of any kind of lighted pipe, cigar, or cigarette.

The adjective "public" as used in this policy shall mean any place used by and open to the general public, regardless of whether such place is owned by private persons, the State of Washington, or counties and municipalities of the State of Washington.

Revision Log

Date By Notes

1/4/11 N. Hopkins Change policy title to Tobacco Use from Smoking Policy. Added language to include all tobacco products

Policy Contact: Executive Director of Human Resource Services

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