REQUEST FOR PROPOSALS

2016-RFP-07 COMMUNITY CENTRE FOOD AND BEVERAGE SERVICES

Issue Date: March 1, 2016

Original and one (1) complete copies of a Proposal in an envelope plainly marked "2016-RFP-07 Community Centre Food and Beverage Services” may be e-mailed, hand delivered, couriered or mailed and must be received prior to the Closing Date and Time. Fax submissions will NOT be accepted. RFP Closing Time: 2:00 p.m. local time RFP Closing Date: Tuesday, March 29, 2016 Delivered to: City of Penticton

616 Okanagan Avenue East Penticton, BC V2A 3K6 Attention: Cathy Ingram, Logistics Manager

Submission Enquiries: Cathy Ingram, Logistics Manager e-mail cathy.ingram@penticton.ca

NOTE: Questions will not be accepted or answered 48 hours prior to the closing date and time.

Proposals will not be opened in public.

It is the sole responsibility of the proponent to check the City’s website at www.penticton.ca for any updated information and addenda issued before the closing date. www.penticton.ca is the only authorized website to obtain competitive bid documents for the City of Penticton opportunities. The City of Penticton shall not be held responsible for our competitive bid documents that are located on any other website.

TABLE OF CONTENTS 1.0 SCOPE OF THE PROPOSAL ...................................................................................................................... 2

2.0 CONTENT OF PROPOSAL ......................................................................................................................... 3

3.0 INTERPRETATION........................................................................................................................................ 3

4.0 INSTRUCTIONS TO BIDDERS ................................................................................................................... 4

5.0 REQUEST FOR RFP PROCESS .................................................................................................................. 4

6.0 PRE-RFP INFORMATION ........................................................................................................................... 5

7.0 PROPOSAL PREPARATION ...................................................................................................................... 8

8.0 ADDITIONAL TERMS .................................................................................................................................. 9

9.0 CONDITIONS .............................................................................................................................................. 10

10.0 CONTRACTOR’S OBLIGATIONS............................................................................................................ 11

11.0 INSURANCE PROTECTION AND DAMAGE ....................................................................................... 12

SCHEDULE A - FORM OF CONTRACT ................................................................................................................. 14

PROPOSAL SUBMISSION FORM ........................................................................................................................... 20

APPENDIX A – CERTIFICATION DOCUMENT ..................................................................................................... 23

APPENDIX B - CONFLICT OF INTEREST CERTIFICATION ............................................................................... 24

APPENDIX C – REFERENCES ................................................................................................................................ 25

APPENDIX D – PRODUCT AND PRICING ....................................................................................................... 26

APPENDIX E – REVENUE, LOCATION AND TERMS ................................................................................... 28

APPENDIX F – QUALIFICATIONS AND EXPERIENCE ............................................................................... 30

1.0 SCOPE OF THE PROPOSAL

1.1 INTRODUCTION

The City of Penticton is seeking healthy food and beverage services to be provided by a third party in leasable space(s) available at the Community Centre. The approximate sizes of the spaces for lease are 100 ft² on the main level concourse and 1,900 ft² on the second level viewing area. The Community Centre was expanded and renovated, and reopened in June 2011. With this expansion, the Community Centre now includes a leisure pool with water play features, lazy river, water slide, 10 lane main pool, whirlpool, dry sauna, steam room, fitness room, gymnasium, meeting rooms and the Cleland Theatre. The expansion and renovation of these amenities has resulted in some vacant spaces, allowing for additional businesses and services to be added to the Community Centre’s offering to the public. The Successful Proponent(s) will operate and provide services in the Community Centre located at 325 Power Street, Penticton, B.C., V2A 7K9 commencing April 2016. The City will negotiate a lease agreement with the Successful Proponent whose Proposal is in the best interest of the City and Community Centre users. 1.2 SCOPE OF WORK

The Successful Proponent will provide healthy food and beverage options at the Penticton Community Centre as well as encouraging the “healthy choice is the right choice”. Sub-contracting of this Contract is not permitted. Any change of ownership requires written approval from the City. Any award made as a result of this Request for Proposal will be based on Best Value which will include but not be limited to profit return, experience and quality of products. The highest or any Proposal may not necessarily be accepted. Proposals that are creative and provide more than one revenue stream to the City will be given priority. 1.3 HOURS OF OPERATION The following hours of operation are subject to change and will be the Successful Proponent’s responsibility to confirm hours.

Date Monday – Friday Hours

Saturday/Sunday Hours

Statutory Holiday Hours**

Fall/Winter/Spring 6:00 am – 9:00 pm 8:30 am – 8:30 pm 10:00 am – 4:00 pm

Summer 6:00 am – 8:00 pm 8:30 am – 4:00 pm 10:00 am – 4:00 pm

Pool Shut Down (6 weeks in 2016)

6:00 am – 7:00 pm 8:30 am - noon closed

Christmas Holidays (2 weeks)

reduced hours reduced hours 10:00 am – 4:00 pm

** Closed Canada Day, BC Day, Labour Day, Christmas Day

2.0 CONTENT OF PROPOSAL

Proposals (one original, one (1) copy) must be submitted in printed form. The following topics should be addressed and submitted on the Appendixes at the end of the RFP.

2.1 PROPOSAL SUBMISSION FORM 2.2 APPENDIX A – CERTIFICATION DOCUMENT 2.3 APPENDIX B – CONFLICT OF INTEREST CERTIFICATION 2.4 APPENDIX C – REFERENCES 2.5 APPENDIX D – PRODUCT AND PRICING 2.6 APPENDIX E – REVENUE, LOCATION AND TERMS 2.7 APPENDIX F – QUALIFICATIONS AND EXPERIENCE

3.0 INTERPRETATION

3.1 DEFINITIONS a. “Best Value” means the value placed upon quality, service, past performance and price. b. “City” means The Corporation of the City of Penticton. c. “City Representative” means the representative or appointee engaged by the City to supervise

the Work. d. “Contract” means an agreement between the City and the Successful Proponent. e. “Contractor” means the Successful Proponent to this RFP who enters into a written Contract

with the City. f. “Council” means the duly elected officials of the City. g. “must,” “mandatory” or “required” means a requirement that must be met in order for a

Proposal to receive consideration. h. “Premises” shall mean building(s) or part of a building with its appurtenances. i. "Proposal" shall mean the Proponent's submission to the RFP. j. “Proponent” means a party submitting a Proposal to this RFP. k. “RFP” means the “Request for Proposal”. l. “Request for Proposal” includes the documents listed in the index of the Request for Proposal

and any modifications thereof or additions thereto incorporated by addenda before the close of RFP.

m. “Services” means any labour, materials, duty and/or efforts to accomplish the purpose of this

project. n. “should” or “desirable” means a requirement having a significant degree of importance to the

objectives of the Request for RFP. o. “Special Conditions” means the special conditions, which are included in the RFP. p. “Specifications” means the specifications which are included in the RFP.

q. “Sub-contractor” includes, inter alia, a person, firm or corporation having a contract with the Successful Proponent for the execution of a part or parts, or furnishing to the Successful Proponent materials and/or equipment called for in the RFP.

r. “Successful Proponent” means the Proponent submitting the most advantageous RFP as

determined by the City of Penticton. s. “Work” means any labour, materials, duty and/or efforts to accomplish the purpose of this

project. 4.0 INSTRUCTIONS TO BIDDERS

4.1 GENERAL

a. The law applicable to this RFP shall be the law in effect in the Province of British Columbia. Except for an appeal from a British Columbia Court to the Supreme Court of Canada, no action in respect to this RFP shall be brought or maintained in any court other than in a court of the appropriate jurisdiction of the Province of British Columbia.

b. In carrying out its obligations hereunder, the Proponent shall familiarize itself and comply with

all applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law. Where there are two or more laws, ordinances, rules, regulations or codes applicable to the Works, the more restrictive shall apply.

c. Applicability of law: All references in the RFP to statutes and regulations thereto and City

bylaws shall be deemed to be the most recent amendments thereto or replacements thereof. d. Copyright: All designs, drawings, concept drawings, specifications, digital, hard copies, web

pages, internet pages, maps and plans commissioned by the City of Penticton, shall remain the property of the City of Penticton.

e. In the case of any inconsistency or conflict between the provisions of the RFP, the provisions of

such documents and addenda thereto will take precedence in governing in the following order: (1) addenda; (2) RFP; (3) Special Conditions; (4) Specifications; (5) Drawings; (6) Executed Form of RFP; (7) all other documents.

f. Headings are for convenience only: Headings and titles in the RFP are for convenience only and

are not explanatory of the clauses with which they appear. g. Method of payment is governed by City policy as well as applicable Federal and Provincial laws. h. The RFP, accepted submission, and City Contract represent the entire Agreement between the

City and the Successful Proponent and supersede all prior negotiations, representations or agreements either written or oral. The Contract may be amended only by written instrument agreed and executed by the Successful Proponent and the City.

5.0 REQUEST FOR RFP PROCESS

5.1 NOT A TENDER CALL

This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contract made by the City.

5.2 NO OBLIGATION TO PROCEED

Though the City fully intends at this time to proceed through the RFP, the City is under no obligation to proceed to the purchase, or any other stage. The receipt by the City of any information (including any submissions, ideas, plans, drawing, models or other materials communicated or exhibited by any intended Proponent or on its behalf, shall not impose any obligations on the City. There is no guarantee by the City, its officers, employees or agents, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the City. 5.3 ADDENDA AND SUBSEQUENT INFORMATION Proponents are advised that all subsequent information regarding this RFP including any addendum will be posted on the City’s webpage. 5.4 ELIGIBILITY

Proposals will not be evaluated if the Proponent’s current of past corporate or other interests may, in the City’s opinion, give rise to a conflict of interest in connection with the RFP. 5.5 CONFLICT OF INTEREST

Any potential or perceived conflict of interest must be disclosed to the City in writing through the use of the Conflict of Interest Certification in Appendix B. Any conflict of interest identified will be considered and evaluated by the City. The City has the sole discretion to take the steps they deem necessary to resolve the conflict. If during the term of the Contract, a conflict or risk of conflict of interest arises, the Contractor will notify the City immediately, in writing, of that conflict or risk and take any steps that the City reasonably required to resolve the conflict of deal with the risk.

5.6 LATE PROPOSALS

Proposals received after the final date and time for receipt of Proposals will be considered as “late Proposals.” Late Proposals will not be accepted and will be returned unopened to the sender.

6.0 PRE-RFP INFORMATION

6.1 COST OF PREPARATION Any cost incurred by the Proponent in the preparation of this Proposal will be borne solely by the Proponent.

6.2 INTENTION OF THE CITY The Proponent that submits to the City the most advantageous Proposal and which represents the interests of the City, best overall, may be awarded the contract. The City reserves the right to accept or reject all or part of the RFP, however, the City is not precluded from negotiating with the Successful Proponent to modify its Proposal to best suit the needs of the City.

6.3 REJECTION OF PROPOSALS The City reserves the right to reject, at the City’s sole discretion, any or all Proposals, without limiting the foregoing, any Proposal which either:

a. is incomplete, obscure, irregular or unrealistic;

b. has non-authorized (not initialled) erasures or corrections in the Proposal or any schedule

thereto;

c. omits or fails to include any one or more items in the Proposal for which a price is required by the RFP;

d. fails to complete the information required by the RFP to be furnished with a Proposal; and/or e. fails to complete the information required whether the same purports to be completed or not.

Further, a Proposal may be rejected on the basis of the Proponents past performance, financial capabilities, completion schedule and compliance with Federal, Provincial, and/or Municipal legislation. As it is the purpose of the City to obtain a Proposal most suitable to the interests of the City and what it wishes to accomplish, the City has the right to waive any irregularity or insufficiency in any Proposal submitted and to accept the Proposal which is deemed to provide the Best Value to the City.

6.4 EVALUATION CRITERIA

Proposals will be checked against the mandatory criteria. Proposals not meeting all mandatory criteria will be rejected without further consideration. If all submissions do not meet the City’s mandatory criteria, it shall remain the City’s sole discretion to evaluate submissions and reject all or award to the Proponent with the highest overall ranking. MANDATORY CRITERIA

MANDATORY CRITERIA

• Proposal Submission Form – Signed and Dated • Completed Appendix A – Certification Document • Completed Appendix B – Conflict of Interest Certification • Appendix C – References •

SCORED EVALUATION CRITERIA Proposals meeting the mandatory requirements will be further evaluated based on predetermined criteria and weighting as detailed below:

PRODUCT OFFERING – 30%

• Approach to types of services proposed and providing healthy food and beverage options

• Pricing and menu variety • Price increase strategy • Hours of operation

VALUE TO CITY – 10%

• Location and size of operation • Leasehold improvements • Length of term and renewal terms

EXPERIENCE AND REFERENCES – 30%

• Qualifications and experience of organization • Qualifications and experience of service provider • References

FINANCIAL PROPOSAL - 30%

• Revenue or commission to City • Method of payment to the City

6.5 EVALUATION COMMITTEE

Evaluation of Proposals may be by an Evaluation Committee formed by the City and may include a representative of its Logistics Division.

Upon submitting a Proposal, Proponents agree that the City may disclose their company name; however, no prices, scores, weights or totals will be provided to any Proponents.

Awards will be made based on the Best Value offered, and the Best Value will be determined by the City. The quality of the service to be supplied, the conformity with the specifications, the suitability to requirements, guarantee clauses, and references shall all be taken into consideration. 6.6 CONFIDENTIALITY OF PROPOSALS

The City will endeavour to keep all Proposals confidential. The material contained in the Proposal from the Successful Proponent will be incorporated in a contract and information which is considered sensitive and/or proprietary shall be identified as such by the Proponent. Technical or commercial information included in the City contract shall not be released if the Purchasing Department of the City deems such releases inappropriate, subject to the Protection of Privacy and Freedom of Information Act. 6.7 CONFIDENTIALITY OF CITY’S INFORMATION All Proponents and any other persons who, through this RFP process, gains access to the City’s confidential financial information, are required to keep strictly confidential all information which in any way reveals confidential business, financial or investment details, programs, strategies or plans learned through this RFP process. This requirement will continue with respect to such information learned by the Successful Proponent, if any, over the course of any contract for service which arises out this RFP process. Information pertaining to the City obtained by the Proponent as a result of participation in this process is confidential and must not be disclosed without written authorization of the City.

6.8 CLARIFICATION

The City reserves the right to seek Proposal clarification with the Proponents to assist in making evaluations.

6.9 GIFTS AND DONATIONS

Proponents will not offer entertainment, gifts, gratuities, discounts, or special services, regardless of value, to any employee of the City. The Successful Proponent shall report to the City’s Logistics Department any attempt by City employees to obtain such favours.

6.10 ACCEPTANCE OF PROPOSAL

The City shall not be obligated in any manner to any Proponent whatsoever until a written agreement has been duly executed relating to an approved Proposal.

No act of the City other than written notice signed by the City’s Corporate Officer or Logistics Manager shall constitute an acceptance of a Proposal. Such acceptance shall bind the Successful Proponent to execute in a manner satisfactory to the City.

6.11 NEGOTIATION DELAY If a written Contract cannot be negotiated within 30 days of notification to the Successful Proponent, the City may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the RFP process and not enter into a Contract with any of the Proponents.

6.12 ENQUIRIES AND CONACT DURING THE RFP PROCESS All enquiries related to this RFP must be directed, in writing, to

Cathy Ingram, Logistics Manager City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6 cathy.ingram@penticton.ca

The Logistics Manager (or designate) is the City’s only representative authorized to communicate and otherwise deal with Proponents and all Proponents must communicate and otherwise deal with that person only. Contact with any other City representative, including members of Council, officers or employees of the City regarding this RFP of a Proponent’s submission may result in the Proposal being removed from consideration for this and any future competitions. Enquiries and responses will be recorded and may be distributed to all Proponents at the City’s option. Questions will not be accepted or answered within 48 hours of the Closing date and time. 6.13 SITE VISIT To arrange a site visit to view the space opportunities, please contact:

Lori Mullin, Recreation and Culture Manager Penticton Community Centre 325 Power Street Penticton, B.C. V2A 7K9 (250) 490-2432 lori.mullin@penticton.ca

6.14 SUBMITTAL DEADLINE AND INSTRUCTIONS Delivery of Proposals to the City Logistics office located at Penticton City Yards prior to the specified date and time is solely and strictly the responsibility of the Proponent. The City shall not, under any circumstances, be responsible for delays caused by any private delivery service, or for delays caused by any other occurrence. All Proposals must be manually and duly signed by an authorized corporate officer or principal(s) of the organization with the authority to bind said Proponent. Proposals must be received in a sealed envelope by 2:00 p.m. (local Penticton Time) on Tuesday, March 29, 2016 at:

Logistics Department City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6

Proposals and their envelopes should be clearly marked with the name and address of the Proponent and the RFP program title.

7.0 PROPOSAL PREPARATION

7.1 ALTERNATIVE SOLUTIONS If alternative solutions are offered, please submit the information in the same format, as a separate Proposal.

7.2 CHANGES TO PROPOSAL WORDING

The Proponent will not change the wording of its Proposal after the submission deadline and no words or comments will be added to the Proposal unless requested by the City for purposes of clarification. 7.3 IRREVOCABILITY OF PROPOSALS

By submission of a clear and detailed written notice, the Proponent may amend or withdraw its Proposal prior to the closing date and time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be successful, the Proponent will enter into a contract with the City. 7.4 PROPONENT’S EXPENSE

Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the City, if any. If the City elects to reject all Proposals, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract or any other matter whatsoever. 7.5 LIMITATION OF DAMAGES

The Proponent, by submitting a Proposal, agrees that it will not claim damages, for whatever reason, relating to the RFP or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal. The Proponent, by submitting a Proposal, waives any claim for loss of profits if no agreement is made with the Proponent.

7.6 FIRM PRICING

Proposals must be firm for at least 60 days after the RFP Closing Date. Prices will be firm for the entire contract period. 7.7 CURRENCY AND TAXES Prices quoted are to be:

• in Canadian dollars; • inclusive of duty, where applicable; • FOB destination, delivery charges included where applicable; and • excluding applicable taxes.

Proponents acknowledge that, if it is a non-resident company, payments to the Proponent, as a non-resident, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Proponent, as a non-resident, provides the City with an official letter from Canadian Customs and Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada).

8.0 ADDITIONAL TERMS

8.1 SUB-CONTRACTING a. Using a Sub-contractor (who must be clearly identified in the Proposal) is acceptable. This

includes a joint submission by two (2) Proponents having no formal corporate links. However, in this case, one of these Proponents must be prepared to take overall responsibility for successful interconnection of the two (2) product or service lines and this must be defined in the Proposal.

b. A Sub-contractor individual or firm, whose current or past corporate or other interests may, in

the City’s opinion, give rise to a conflict of interest in connection with this project will not be

permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Proposal.

c. Any Sub-contracting of the service to any firm or individual after the award of a Contract must

have prior written approval by the City.

8.2 LIABILITY FOR ERRORS

While the City has used considerable efforts to ensure an accurate representation of information in this RFP, the information contained in this RFP is supplied solely as a guideline for Contractors. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve Contractors from forming their own opinions and conclusions with respect to the matters addressed in this RFP. 8.3 AGREEMENT WITH TERMS By submitting a Proposal the Contractor agrees to all the terms and conditions of this RFP. Contractors who have obtained the RFP electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the Proposal. 8.4 USE OF REQUEST FOR PROPOSALS This document, or any portion thereof, may not be used for any purpose other than the submission of Proposals.

9.0 CONDITIONS

a. A qualified Proposal is one which meets the needs and specifications of the City, the terms and conditions contained in the RFP. The preferred Proposal is a qualified Proposal offering the Best Value, as determined by the City.

b. The City will decide whether a Proposal is qualified by evaluating all of the Proposals based on

the needs of the City, specifications, terms and conditions and price. The City Logistics Manager and/or department head of the City will examine all Proposals and recommend which Proposal is in the City’s best interest.

c. A Proposal which is unqualified is one that exceeds the cost expectations of the City and/or

does not meet the terms and conditions contained in the RFP and/or does not meet the needs and specifications of the City. The City reserves the right to reject any or all unqualified Proposals.

d. The City reserves the right to cancel this RFP at any time. e. The City recognizes that Best Value is the essential part of purchasing a product and/or service

and therefore the City may prefer a Proposal with a higher price, if it offers greater value and better serves the City’s interests, as determined by the City, over a Proposal with a low price. The City’s decision shall be final.

f. The City reserves the right to negotiate with a preferred Proponent, or any Proponent, on any

details, including changes to specifications and price. If specifications require significant modification, all Proponents shall have the opportunity to adjust their Proposals or re-submit altogether, as determined by the City Purchasing Department and/or department head.

g. All equipment, goods and workmanship must conform to all Laws and Standards necessary for

use in Canada and the Province of British Columbia.

h. The Successful Proponent, herein named the Contractor, shall guarantee that his Proposal will meet the needs of the City and that any or all item(s) supplied and/or service(s) rendered shall be correct. If the item(s) supplied by the Contractor and/or the service(s) rendered by it are in any way incorrect or unsuitable, all correction costs shall be borne solely by the Contractor.

i. All proposed prices shall include delivery F.O.B. City Works yard or other destination point, as

specified by the City, and the Contractor shall bear all risks of loss and/or damage. j. Where only one Proposal is received, the City reserves the right not to make public the amount

of the Proposal. The amount of the Proposal will be made public if a contract is awarded. The City reserves the right to accept or reject a Proposal, where only one Proposal is received.

k. The City reserves the right in its sole discretion to accept or reject all or part of any Proposal

which is non-compliant with the requirements of this RFP.

l. The City shall not be obligated either to accept or reject any non-compliance with the requirements of this RFP.

m. Cancellation Clause: The City reserves the right to cancel the Contract Agreement for goods

and/or services as outlined in this RFP, at any time, by providing 30 days written notice to the Contractor.

10.0 CONTRACTOR’S OBLIGATIONS

10.1 REGISTRATION WITH WORKSAFE BC (WCB) The Contract may contain a provision that the Contractor and any approved Sub-contractors must be registered with WorkSafe BC (WCB), in which case WorkSafe BC (WCB) coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Contractor may be required to submit a WorkSafe BC (WCB) Clearance Letter indicating that all WCB assessments have been paid.

The Contractor shall ensure compliance on his part with the Workers' Compensation Act and any regulations there under, especially provisions of said Act or of regulations under said Act having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation.

In any case where pursuant to the provisions of the Workers' Compensation Act, the Workers' Compensation Board orders the Contractor in respect of his operations under this Agreement, to cease operations because of failure to install or adopt safety devices or appliances directed by the order of the said Board, or required under said Act or regulations there under or because said Board is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, or because of lack of payment of an account due to the Board, the City on twenty-four (24) hours written notice to the Contractor, may terminate the Contract. 10.2 GOVERNING REGULATIONS

The Contractor shall apply and pay for all necessary permits or licences required for the execution of the Work (but this shall include the obtaining of permanent easements or rights of servitude). The Contractor shall give all necessary notices, pay for all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health. The Contractor shall be responsible for the safety of all workmen and equipment on the project in accordance with all applicable safety legislation passed by Federal, Provincial and local authorities governing safety.

11.0 INSURANCE PROTECTION AND DAMAGE 11.1 GENERAL INSURANCE Before starting the Work, the Contractor shall file with the City, certificates of all insurance policies acceptable to the City. These certificates shall state that the insurance complies with the requirements of the Contract and that the territory of the policy includes the country in which the Work is to be constructed.

Each insurance policy required under this Article shall contain an endorsement to provide all Additional Insured with prior notice of changes and cancellations. Such endorsement shall be in the following form:

"It is understood and agreed that the coverage provided by this policy will not be changed or amended in any way or cancelled until thirty (30) days after written notice of such change or cancellation shall have been given or sent by registered mail to all Additional Insured."

Should the Contractor fail to make a payment of any premiums or other assessments required by the Contractor's insurers to maintain such policies in force and effect, the City may in their discretion make payment of such premiums or assessments and deduct the amount thereof from such monies as may then or later be payable to the Contractor pursuant to the Contract or recover the same from the Contractor as the City in his discretion may determine. Whenever the word The City is to appear in the insurance policies, the legal name shall be inserted. 11.2 PROTECTION OF WORK, PROPERTY AND PUBLIC: The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. The Contractor shall protect the property adjacent to the Work areas from damage as the result of operations under the Contract. The Contractor shall protect the Work and the City's property from damage and shall make good at their own expense any damage which may arise as the result of the Contractor’s operations under the Contract. 11.3 CONTRACTOR'S INSURANCE: Public Liability & Property Damage Insurance. The Contractor shall save and hold harmless the City, its officers, Managers, servants and employees, from and against any and all suits or claims alleging damage or injury (including death) to any person or property that may occur or that may be alleged to have occurred, in the course of the performance of this Contract, whether such claim shall be made by an employee of the Contractor, or by a third person and whether or not it shall be claimed that the alleged damage or injury (including death) was caused through a wilful or negligent act or omission of the Contractor, its officers, servants, Managers or employees, or a wilful negligent act or omission of any of its sub-contractors or any of their officers, servants, Managers or employees; and at its own expense, the Contractor shall defend any and all such actions and pay all legal charges, costs and other expenses arising there from. The Contractor shall maintain and keep in force during the term of the Contract and until the date of the completion certificate, Two Million Dollars ($2,000,000) inclusive limits for public liability and property damage, against liabilities or damages in respect of injuries to persons (including injuries resulting in death) and in respect of damage to property arising out of the performance of work. The Contractor shall, at the time the Contract is signed, submit to the City two copies of the insurance policies required under this Article and shall also provide to the City from time-to-time, as may be required, satisfactory proof that such policies are still in full force and effect.

The City shall be an additional insured on the policy. The policies shall preclude subrogation claims by the insurer against anyone insured thereunder. In addition, such insurance policy shall include the following "Cross Liability" clause: "The insurance afforded by this policy shall apply in the same manner, as though separate policies were issued, to any action brought against any of the additional insured by or on behalf of any other additional insured." 11.4 EQUIPMENT INSURANCE

Notwithstanding anything contained elsewhere herein, it is understood and agreed that the City shall not be liable for any loss or damage to Contractor's equipment, including loss or use thereof. Each and every policy insuring the Contractor's equipment to be used on the Work shall contain the following clause: "It is agreed that the right to subrogation against the City or any of its officers, employees, or Managers or their parent, subsidiary, affiliated, or associated companies or corporations, is hereby waived." 11.5 AUTOMOTIVE INSURANCE A minimum of Two Million Dollars ($2,000,000) of public liability and property damage insurance shall be carried on all automotive equipment. 11.6 INDEMNITY The Contractor shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City, its elected officials, officers, employees and Managers (collectively) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this contract, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities. The Contractor shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this contract, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities. 11.7 CITY REPRESENTATIVE A City Representative will be assigned by the City to oversee the compliance of the Proposal awarded to the Contractor. In addition, the Contractor will be expected to name a counterpart Project Manager. 11.8 PAYMENT HOLDBACK The Contract may contain a provision whereby the City will hold back a portion of the total Contract price until the requirements of the RFP have been met. 11.9 SOFTWARE It is the Contractor’s responsibility to ensure that the City has all licenses required to use any software that may be supplied by the Contractor pursuant to the Contract. 11.10 ARBITRATION All disputes arising out of or in connection with the Contract must, unless the parties otherwise agree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act.

SCHEDULE A - FORM OF CONTRACT

THIS AGREEMENT dated for the day of , 2016. BETWEEN: THE CORPORATION OF THE CITY OF PENTICTON

171 Main Street Penticton, BC V2A 5A9

(the “City”) AND: (the “Contractor”) GIVEN THAT the City wishes to engage the Contractor to provide certain services to the City and the Contractor wishes to contract with the City to provide such services to the City, This Agreement is evidence that in consideration of $1.00 paid by each party to the other, and other good and valuable consideration, (the receipt and sufficiency each party acknowledges), the City and the Contractor agree as follows: 1. Definitions In this Agreement, in addition to the words defined above,

(a) “Contractor’s Proposal” means the Contractor's written Proposal to the City for performance of the Services, dated XXXXXXX , a copy of which is attached as Schedule B.

(b) “City Representative” means the XXXXXX or such other person as the City may appoint in writing.

(c) “Governmental Approvals” means any licences, permits, consents, authorizations, certificates, operating certificates and other approvals of any kind from any Governmental Authority that are required for or in connection with the performance of the Services..

(d) “Governmental Authority” means any federal, provincial, local or other government or governmental agency, authority, board, bureau or commission.

(e) “Personnel” means any individuals identified by name in the Contractor’s Proposal and any individuals employed or otherwise engaged by the Contractor to perform the Services with the prior consent of the City;

(f) “RFP” means the Request for Proposals for the services issued by the City dated XXXXXXX (attached as Schedule A).

(g) “Services” means the services and work described in the RFP, including all acts, services and work necessary to achieve the objectives set out in the RFP.

(h) “Specifications” means the specifications and other requirements for the Services set out in the RFP.

(i) “Standards” means any and all laws, enactments, bylaws, statutes, regulations, rules, orders, permits, licences, codes, building codes, professional standards and specifications (including Canadian Standards Association standards) applicable to the provision of the Services, as they are in force from time to time or in the latest current version, as the case may be.

2. Contractor Services The Contractor shall perform the Services and shall do so in accordance with the Specifications, all Standards and the terms of this Agreement.

The Contractor shall:

(j) supply all labour, machinery, equipment, tools, supplies, material, labour and other services and things necessary to perform the Services in accordance with this Agreement;

(k) obtain, maintain in good standing and comply with the terms of all Governmental Approvals;

(l) perform promptly and safely all of its obligations under this Agreement;

(m) be just and faithful in the performance of its obligations under this Agreement, in its dealings with the public and in its dealings with the City and the City Representative;

(n) promptly pay amounts owing to the City under this Agreement when due; and

(o) pay all costs and expenses whatsoever associated with performing the Services and its other obligations under this Agreement

3. Term This Agreement shall commence on XXXXX and expire on XXXXX inclusive and may be extended thereafter for each of three (3) one-year periods at the sole discretion of the XXXXXXXX. 4. Contractor personnel The Contractor will perform the services using only the personnel named in the Contractor’s Proposal, unless otherwise approved in writing by the City representative. 5. Warranty as to quality of services The Contractor represents and warrants to the City that the Contractor and the personnel have the education, training, skill, experience and resources necessary to perform the services in accordance with this agreement and the Contractor acknowledges and agrees that the City has entered into this agreement relying on the representations and warranties in this section. 6. Remuneration and reimbursement The City shall pay the Contractor for the performance of the Services as follows: XXXXXXXXXXXXXXXXX 7. Taxes The City shall be responsible for paying any goods and services taxes and provincial sales taxes payable with respect to the provision of the services to the City. 8. Invoices & Payment Not more than once each month, the Contractor may deliver an invoice to the City, in respect of the immediately preceding month, setting out the aggregate amount of fees and disbursements claimed for Services performed in that preceding month. The City shall, to the extent the City is satisfied the fees and disbursements are for Services satisfactorily performed by the Contractor, pay the Contractor the fees and disbursements claimed in any invoice delivered in accordance with this section, within 30 days after delivery of such invoice to the City. 9. City's Representative The City appoints the City Representative(s) as the only person(s) authorized by the City to communicate with the Contractor in respect of this Agreement. The City shall not be bound to the Contractor by communication from any person other than the City Representative(s). 10. Indemnity The Contractor shall indemnify, and save harmless, the City, and its elected and appointed officials, employees, Contractors and agents, from and against all claims, losses, damages, costs, expenses (including legal fees and disbursements), liabilities, actions and proceedings, suffered, made, incurred, sustained, brought, prosecuted,

threatened to be brought or prosecuted, in any manner caused by, based upon, occasioned by or attributable to, any willful or negligent act or omission, or other actionable wrong, on the part of the Contractor, its employees, Contractors or agents, connected with the performance or breach of this Agreement by the Contractor. The Contractor’s obligations under this section shall survive the expiry or earlier termination of this Agreement 11. Workers Compensation The Contractor shall, at all times, in providing the Services and otherwise performing its obligations under this Agreement, comply with the Workers Compensation Act (British Columbia) and all regulations and orders from time to time in force thereunder, including the Occupational Health and Safety Regulation, and, upon request from the City, provide evidence of any required registration under that Act and evidence of compliance with any requirement under that Act to make any payments or pay assessments. 12. Insurance Requirements The Contractor shall obtain and maintain during the currency of this Agreement commercial general liability insurance providing coverage for bodily injury, and property damage and all other losses arising out of or in connection with the provision of the Services in an amount not less than $2,000,000.00 per occurrence, or in such a greater amount as may be required by the City Representative from time to time, acting reasonably. The Contractor shall cause all policies of insurance required to be taken out by it under this Agreement to be with insurance companies satisfactory to the City and to:

(a) name the City as additional insured; (b) Cross Liability coverage;

(c) include that the City is protected notwithstanding any act, neglect or misrepresentation by the

Contractor which might otherwise result in the avoidance of a claim and that such policies are not affected or invalidated by any act, omission or negligence of any third party which is not within the knowledge or control of the insureds;

(d) be issued by an insurance company entitled to carry on the business of insurance under the laws of British Columbia;

(e) be primary and non-contributing with respect to any policies carried by the City and shall provide that any coverage carried by the City is in excess coverage;

(f) not be cancelled or materially changed without the insurer providing the City with 30 days written notice stating when such cancellation or change is to be effective;

(g) be maintained for a period of 12 months per occurrence;

(h) not include a deductible greater than $5,000.00 per occurrence;

(i) include a cross liability clause; and

(j) be on other terms acceptable to the City Representative, acting reasonably.

13. Insurance Certificates The Contractor shall provide the City with certificates of insurance confirming the placement and maintenance of the insurance, promptly after a request to do so from time to time by the City. 14. City May Inure If the Contractor fails to insure as required, the City may affect the insurance in the name and at the expense of the Contractor and the Contractor shall promptly repay the City all costs incurred by the City in doing so. For clarity, the City has no obligation to effect such insurance.

15. Termination at City’s Discretion The City may, in its sole discretion and without reason, terminate this Agreement upon notice to the Contractor. If the City terminates this Agreement under this section, the Contractor shall be entitled to be paid for all Services satisfactorily performed by the Contractor up to the date of such termination in accordance with this Agreement. The Contractor is not entitled to, and irrevocably waives and releases the City from any and all claims for, any damages or compensation for costs incurred, loss of profit or loss of opportunity, directly or indirectly arising out of termination of this Agreement. 16. Termination for Default The City may terminate all or any part of, the Services, by giving notice of termination to the Contractor, which is effective upon delivery of the notice, if:

(a) the Contractor breaches this Agreement and the Contractor has not cured the breach, within five days after notice of the breach is given to the Contractor by the City; or

(b) the Contractor becomes bankrupt or insolvent, a receiving order is made against the Contractor, an assignment is made for the benefit of its creditors, an order is made or resolution passed for the winding up or dissolution of the Contractor, or the Contractor takes the benefit of any enactment relating to bankrupt or insolvent debtors.

Without limiting any other right or remedy available to the City, if the City terminates part or all of the Services under this section, the City may arrange, upon such terms and conditions and in such manner as the City considers appropriate, for performance of all or any part of the Services remaining to be completed, and the Contractor shall be liable to the City for any expenses reasonably and necessarily incurred by the City in engaging the services of another person to perform those Services (including the amount by which the fees, disbursements and other costs payable by the City exceed those that would have been payable to the Contractor for completion of the Services under this Agreement). The City may set off against, and withhold from amounts due to the Contractor, such amounts as the City estimates shall be required to cover the City’s costs of correcting any breaches of the Contractor’s obligations under this Agreement and to be incurred by the City to complete all or any part of the Services. 17. Records The Contractor:

(a) shall keep proper accounts and records of its performance of the Services, including invoices, receipts and vouchers, which shall at all reasonable times be open to audit and inspection by the City, which may make copies and take extracts from the accounts and records;

(b) shall keep reasonably detailed records of performance of the Services, which shall at all reasonable times be open to inspection by the City, which may make copies and take extracts from the records;

(c) shall afford facilities and access to accounts and records for audit and inspection by the City and shall furnish the City with such information as the City may from time to time require regarding those documents; and

(d) shall preserve, and keep available for audit and inspection, all records described in this section for forever after completion of the Services, expiry of this Agreement or termination of this Agreement, whichever applies.

18. Copyright and Intellectual Property The Contractor irrevocably grants to the City the unrestricted license for the City to use and make copies of for the City’s purposes and activities any work whatsoever generated by or on behalf of the Contractor in performing the Services in which copyright may exist. Without limiting the foregoing, the Contractor irrevocably grants to the City the unrestricted license for the City to use for the City’s purposes and activities all technical information and intellectual property, including inventions, conceived or developed, or first actually reduced to practice, in performing the Services. For clarity, the licenses granted by this section shall survive the expiry or earlier termination of this Agreement.

19. Agreement for Services This is an agreement for the performance of services and the Contractor is engaged under this Agreement as an independent Contractor for the sole purpose of providing the Services. This Agreement does not create a joint venture or partnership. Neither the Contractor nor any of its employees or Contractors is engaged by the City as an agent of the City or has any authority to bind the City in any way whatsoever. 20. Withholding Taxes The Contractor will be pay and remit, and otherwise be responsible for, all withholding taxes, income taxes, Canada Pension Plan contributions, employment insurance deductions and any other deductions required by the applicable provincial or federal statutes for the Contractor and any of its employees. The Contractor agrees to indemnify and hold harmless the City should the City be required to pay any remittances described above. 21. Assignment The Contractor shall not assign this Agreement or the benefit hereof without the prior written consent of the City, at its sole discretion. 22. Time of the Essence Time is of the essence of this Agreement. 23. Alternative Rights and Remedies Exercise by a party to this Agreement of any right or remedy of that party, whether granted in or under this Agreement or at law or equity, does not limit or affect any other right or remedy of any kind, whatever its source, that the party may have against the other party and does not affect the right of the party exercising the right or remedy to exercise other rights or remedies against the other party. 24. Notice Any notice, direction, demand, approval, certificate or waiver which may be or is required to be given under this Agreement shall be in writing and delivered personally or by courier or sent by fax or e-mail, addressed as follows:

(a) City of Penticton 171 Main Street, Penticton, BC V2A 5A9 Fax Number: (250) 490-2402 Attention: Chief Financial Officer

(b) XXXXXXXXXXXXXXXX

or to such other address, e-mail address or fax number of which notice has been given as provided in this section. Any notice, direction, demand, approval or waiver delivered is to be considered given on the next business day after it is dispatched for delivery. Any notice, direction, demand, approval or waiver sent by fax or e-mail is to be considered given on the day it is sent, if that day is a business day and if that day is not a business day, it is to be considered given on the next business day after the date it is sent. In this section, business day means a day other than a Saturday, Sunday or B.C. statutory holiday. 25. Interpretation and Governing Law In this Agreement

(a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise;

(b) reference to a particular numbered section or Schedule is a reference to the correspondingly numbered section or Schedule of this Agreement;

(c) the word "enactment" has the meaning given to it in the Interpretation Act (British Columbia) on the reference date of this Agreement;

(d) reference to any enactment is a reference to that enactment as amended, unless otherwise expressly provided;

(e) reference to a month is a reference to a calendar month; and

(f) section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement.

This Agreement is governed by, and is to be interpreted according to, the laws of British Columbia. 26. Binding on Successors This Agreement enures to the benefit of and is binding upon the parties and their respective successors, trustees, administrators and receivers, despite any rule of law or equity to the contrary. 27. Entire Agreement This Agreement is the entire agreement between the parties and it terminates and supersedes all previous communications, representations, warranties, covenants and agreements, whether verbal or written, between the parties with respect to the subject matter of this Agreement. 28. Waiver Waiver of any default by either party shall be express and in writing to be effective, and a waiver of a particular default does not waive any other default. As evidence of their agreement to be bound by this Agreement, the parties have executed this Agreement below, on the respective dates written below. THE CORPORATION OF THE CITY OF PENTICTON by its authorized signatories:

CONTRACTOR by its authorized signatory XXXXXXXXXXXXX

FOR INTERNAL PURPOSES ONLY: n:\city\rms\1000-1299 equipment and supplies\1220 procurement - tenders and quotations\1220-20 tenders and quotations\2016\rfp\2016-rfp-07 community centre concession\2016-rfp-07 community centre concession.docx

2016-RFP-07 COMMUNITY CENTRE FOOD AND BEVERAGE SERVICES

Complete and return this Proposal Submission Form

Proposals will be received on or before 2:00 pm local time on

Tuesday, March 29, 2016 PROPOSAL SUBMISSION INSTRUCTIONS Original and one (1) complete copies of a Proposal in an envelope plainly marked "2016-RFP-07 Community Centre Food and Beverage Services” may be e-mailed, hand delivered, couriered or mailed , and must be received prior to the closing date and time, to:

City Yards, 616 Okanagan Avenue East Penticton, BC V2A 3K6 Attention: Cathy Ingram, Logistics Manager

Submitted by: (Company name)

(Address)

(Postal Code) Company Contact Name: Telephone Number: Company Contact e-mail address: Name of person authorized to represent the Company: Length of time in business:

PROPOSAL SUBMISSION FORM

The Proponent confirms it has obtained and carefully examined all of the documents making up the Request for Proposal issued by The City of Penticton and any addenda issued in connection therewith. The Proponent undertakes and agrees that: 1.1 EXECUTION OF CONTRACT If the offer contained in this Proposal is accepted, upon being advised that the Contract (the Contract) is available the Proponent will obtain the Contract and Drawings, if any, and will execute and identify the Contract and Drawings in a form and manner acceptable to the City and will deliver the same within 10 days from the time when the same are available or are delivered or mailed to the Proponent. 1.2 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK If awarded the Contract, the Proponent shall supply the goods on the date set out in the Contract and shall complete the contract within the time specified in the Contract. 1.3 NO COLLUSION Except as otherwise specified or as arising by reason of the provision of the Contract, no person whether natural, or body corporate, other than the Proponent has or will have any interest or share in this Proposal or in the proposed contract which may be completed in respect thereof. There is no collusion or arrangement between the Proponent and any other actual or prospective Proponents in connection with Proposals submitted for this project and the Proponent has no knowledge of the contents of other Proposals and has made no comparison of figures or agreement or arrangement, express or implied, with any other party in connection with the making of the Proposal. 1.4 ACCEPTANCE OF PROPOSAL The acceptance of the Proposal by the City shall be made only by the notice in writing from the Corporate Officer or from the Logistics Department of the City, and will be addressed to the Successful Proponent at the address given in this Form of Proposal; and if the Proposal Documents are so worded, the Proposal may be accepted either in whole or part. 1.5 FAILURE OR DEFAULT OF PROPONENT If the Proponent for any reason whatsoever fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of this Proposal, the City at its option may consider the Proponent has abandoned the offer made or the contract if the offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void and the City shall be free to select an alternate solution of its choosing. Executed at , in the Province of BC this day of , AD 2016 under seal of the Proponent as a speciality instrument. NOTE: If the Proponent is a corporation, in addition to signature, affix corporate seal (if available). If a natural person makes the Proposal, the Proponent must sign it with his/her name typed or clearly printed below the signature. If the Proponent is carrying on business under a firm name and NOT incorporated, the members of the firm must sign below the firm name and their names must be typed or clearly printed below the signature.

(Corporate Name if Proponent is a Corporation) Per: Per:

Mailing Address of Proponent (if different than above) Street City Province Postal Code Telephone

APPENDIX A – CERTIFICATION DOCUMENT

2016-RFP-07 COMMUNITY CENTRE FOOD AND BEVERAGE SERVICES

Certification: I/We have carefully read and examined the RFP document and have conducted such other investigations as were prudent and reasonable in preparing this response. I/We certify that the statements made in this response are true and complete. These statements and prices in our Proposal represent our response to the City of Penticton. I / We agree to be bound by statements and representations made in this response and to any agreement resulting from this response. i/We hereby agree that this RFP response may only be withdrawn by written notice delivered to the office of the Purchasing Manager prior to the time set for the opening of Proposals. I / We agree that the RFP response attached hereto shall be irrevocable by us for a period of sixty (60) days after the date of the opening of the RFP. Print Company Name and Address: Print Name and Title of Authorized Signing Officers: Signature of Authorized Signing Officer: Telephone Number: Fax Number: E-mail address:

Signed this day of , 2016.

APPENDIX B - CONFLICT OF INTEREST CERTIFICATION 2016-RFP-07 COMMUNITY CENTRE FOOD AND BEVERAGE SERVICES

The City of Penticton requires all Proponents to certify either statement A or statement B below:

A) We certify that:

1. our affiliates, subsidiaries, officers, directors, and employees have not received any additional information,

documents, drawings or specifications with respect to this RFP, other than has been made available to or disclosed to all bidders as part of the RFP process.

2. the prices(s) and amount of this bid have been arrived at independently and without consultation,

communication or agreement with any other contractor, Proponent, or potential Proponent.

3. the submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or non-competitive bid.

4. that none of our affiliates, subsidiaries, officers, directors and employees are currently under investigation by

any government agency involving conspiracy or collusion with respect to bidding on any public contract.

5. that none of our officers, directors or any person employed by or associated with our company in the performance of services or otherwise, is an employee of, or has an employment relationship of any kind with the City of Penticton or is in any way entitled to terms or conditions of employment or employment benefits of any kind whatsoever from the City of Penticton under any collective agreement or otherwise including but not limited to private programs or coverages and statutory programs and coverages, whether under the Employment Standards Act of British Columbia (as amended from time to time), the Workers Compensation Act of British Columbia (as amended from time to time), the Employment Insurance Act of Canada (as amended from time to time), health plan contributions, or otherwise. We understand that the City will investigate any disclosure under this section and determine whether the conflict is material. The determination of materiality will be determined by the Director of Corporate Services or designate.

6. we understand and acknowledge that this certification is material and important, and will be relied on by THE

CITY OF PENTICTON in awarding the contract(s) for which this document is submitted. We understand that any misstatement in this certification is and shall be treated as fraudulent concealment from THE CITY OF PENTICTON of the true facts relating to the submission of Proposals for this contract.

Print Company Name and Address:

Print Name and Title of Authorized Signing Officers:

Signature of Authorized Signing Officer:

Signed this day of , 2016

OR

B) We cannot certify the statements listed above for the following reasons:

Print Company Name and Address:

Print Name and Title of Authorized Signing Officers:

Signature of Authorized Signing Officer:

Signed this day of _, 2016

APPENDIX C – REFERENCES

2016-RFP-07 COMMUNITY CENTRE FOOD AND BEVERAGE SERVICES

List at least 3 references of similar services and experience. If there are special concerns or restrictions on our use of any reference, these concerns must be addressed in the Proposal. The City will perform adequate reference checks prior to contract award. Company Name:

Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: Company Name: Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: Company Name: Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: Company Name: Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address:

APPENDIX D – PRODUCT AND PRICING

2016-RFP-07 COMMUNITY CENTRE FOOD AND BEVERAGE SERVICES

1.0 Outline a strategy to ensure healthy food and beverage options will be provided and encouraged

through the Proposal. Good references are:

o Guidelines for Food and Beverage Sales in B.C. Schools – Revised September 2007” by the Ministry of Education and Ministry of Health.

o BCRPA Healthy Food and Beverage Sales in Recreation Facilities.

2.0 Outline the product pricing and menu (for the consumer).

3.0 Describe how and when product increases will be proposed.

4.0 Outline hours of operation including access to the Community Centre.

APPENDIX E – REVENUE, LOCATION AND TERMS

2016-RFP-07 COMMUNITY CENTRE FOOD AND BEVERAGE SERVICES

1.0 Provide details of proposed revenue or commission rate structure and/or lease rate.

2.0 Provide details of how the revenue will be paid to the City.

3.0 Describe specific location and size proposed. 4.0 Describe proposed leasehold improvements and Proponent’s budget for improvements.

5.0 Length of lease and renewal terms.

APPENDIX F – QUALIFICATIONS AND EXPERIENCE

2016-RFP-07 COMMUNITY CENTRE FOOD AND BEVERAGE SERVICES

1.0 Describe qualifications and experience of organization 2.0 Describe qualifications and experience of service providers.