UNIVERSITY OF WISCONSIN SYSTEM REQUEST FOR PROPOSAL (RFP) PS-15-2496

UNIVERSITY OF WISCONSIN SYSTEM REQUEST FOR PROPOSAL (RFP) PS-15-2496

RFP PS-15-2496

UNIVERSITY OF WISCONSIN SYSTEM

REQUEST FOR PROPOSAL (RFP) PS-15-2496

Dining Services for the University of Wisconsin-La Crosse

DATE OF ISSUE: November 21, 2014

Issued By

University of Wisconsin System Administration

Office of Procurement

PROPOSAL DUE DATE: January 8, 2015 2:00 PM (CST)

There will be no public opening

Vendor Conference (Site Survey)

Date: Thursday, December 11, 2014

Time: 9:00 am

Room:

Late Proposals will not be accepted and will be rejected!

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RFP PS-15-2496

State of Wisconsin

DOA-3261 (R08/2003) s.16.75, Wis. Statutes

PROPOSALS MUST BE SEALED AND ADDRESSED TO:

AGENCY ADDRESS:

University of Wisconsin System

Administration

Office of Procurement

780 Regent Street, Suite 105

Madison, WI 53715

REQUEST FOR PROPOSAL

THIS IS NOTAN ORDER

PROPOSER (Name and Address)

Proposal envelope must be sealed and plainly marked in lower corner with due date and

Request for Proposal #PS-15-2496. Late proposals will be rejected. Proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the proposal is due. Proposals dated and time stamped in another office will be rejected. Receipt of a proposal by the mail system does not constitute receipt of a proposal by the purchasing office. Any proposal which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Proposals must be submitted separately, i.e., not included with sample packages or other proposals.

Proposal openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Proposer should contact person named below for an appointment to view the proposal record. Proposals shall be firm for acceptance for sixty (60) days from date of proposal opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

Proposals MUST be in this office no later than

January 8, 2015 2PM CST

Public

Opening

No Public

Opening X

Name (Contact for further information)

Paul D. Schlough

Phone Date

November 21, 2016

608-265-0557

Quote Price and Delivery FOB

N/A

Description

REQUEST FOR PROPOSAL (RFP): Dining Services for the University of Wisconsin-La Crosse

Remove from proposer list for this commodity/service. (Return this page only.)

Payment Terms: Delivery Time:

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises.

Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of

Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal.

Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Yes No Unknown

In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Proposal and all terms of our proposal.

Name of Authorized Company Representative (Type or Print) Title

Phone

Fax

( )

( )

Signature of Above Date Federal Employer Identification No.

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

Social Security No. if Sole

Proprietor (Voluntary)

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RFP PS-15-2496

Table of Contents

Section A ........................................................................................................................................................................ 8

1 General Information ......................................................................................................................................... 8

1.1

Introduction and Background ...................................................................................................................... 8

1.2

Scope of Work .............................................................................................................................................. 8

1.3

Definitions .................................................................................................................................................... 9

1.4

Calendar of Events/Time Table .................................................................................................................. 10

1.5

Fixed Offer Period ...................................................................................................................................... 10

1.6

Procuring and Contracting Agency ............................................................................................................. 10

1.7

Clarification and/or Revisions to the Specifications or Requirements ....................................................... 10

1.8

Reasonable Accommodation ..................................................................................................................... 11

1.9

Contract Term ............................................................................................................................................ 11

1.10

VendorNet Registration ......................................................................................................................... 11

2 Proposal .......................................................................................................................................................... 12

3 Preparing and Submitting Proposal ................................................................................................................ 12

3.1

General Instructions ................................................................................................................................... 12

3.2

Site Survey Meeting/Inspection of Premises ............................................................................................. 12

3.3

Incurring Costs ........................................................................................................................................... 13

3.4

Submitting the Proposal ............................................................................................................................. 13

3.5

Proposal Organization and Format ............................................................................................................ 13

3.6

Multiple Proposals ..................................................................................................................................... 14

3.7

Proposed Contract for Dining Services ....................................................................................................... 14

3.8

Proprietary Information ............................................................................................................................. 15

3.9

Certification of Independent Price Determination .................................................................................... 15

3.10

Executed Contract to Constitute Entire Agreement .............................................................................. 15

4 Required Information ..................................................................................................................................... 16

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RFP PS-15-2496

4.1

Name and Address ..................................................................................................................................... 16

4.2

Operation Financial Requirement .............................................................................................................. 16

4.3

Description of Claims or Law Suits ............................................................................................................. 16

4.4

Written Agreement to Terms ..................................................................................................................... 16

4.5

Internal Accounting Program ..................................................................................................................... 17

4.6

Proposed Accounting Forms, Invoice Sample and Operating Statement .................................................. 17

4.7

Personnel Background and Social Security Checks .................................................................................... 17

4.8

Company Information ................................................................................................................................ 17

4.9

Mandatory Qualifications .......................................................................................................................... 17

4.10

Affidavit ................................................................................................................................................. 18

4.11

Cost Proposal Form (225 points) ........................................................................................................... 18

4.12

Technical Services Program Specifications and Requirements (650 points) ......................................... 18

4.13

Personnel, Management and Staff (100 points) .................................................................................... 32

4.14

Financial Investment (25 points) ........................................................................................................... 35

4.15

Glossary of Terms .................................................................................................................................. 35

5 Proposal Selection and Award ........................................................................................................................ 35

5.1

Preliminary Evaluation and Review of Mandatory Qualifications.............................................................. 35

5.2

Evaluation Committee ................................................................................................................................ 35

5.3

Right to Reject, Waive and Negotiate Proposal ......................................................................................... 36

5.4

Review Criteria ........................................................................................................................................... 36

5.5

Oral Presentation ....................................................................................................................................... 37

5.6

Award/ Best and Final Offer ....................................................................................................................... 37

5.7

Notification of Intent to award Contract ................................................................................................... 37

5.8

Executed Contract to Constitute Entire Agreement .................................................................................. 37

5.9

Appeal Process ........................................................................................................................................... 38

Section B ...................................................................................................................................................................... 38

1 Parties to the Contract ................................................................................................................................... 38

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RFP PS-15-2496

2 Applicable Law ................................................................................................................................................ 38

3 Term of the Contract ...................................................................................................................................... 39

4 Excused Performance ..................................................................................................................................... 39

5 Disclosure ....................................................................................................................................................... 39

6 Minority Business ........................................................................................................................................... 39

7 Incorporation of Documents .......................................................................................................................... 39

8 News Releases ................................................................................................................................................ 40

9 Employment ................................................................................................................................................... 40

10 Insurance Requirements................................................................................................................................. 40

10.1

Remodeling or Renovation .................................................................................................................... 40

10.2

Certificate of Insurance Requirements .................................................................................................. 40

10.3

Commercial General Liability ................................................................................................................. 41

10.4

Covenant Requiring Notice .................................................................................................................... 41

10.5

Evidence of New Insurance .................................................................................................................... 41

10.6

University Right to Cancel Contract ....................................................................................................... 41

11 Performance Bond/Irrevocable Letter of Credit ............................................................................................ 42

12 Promotional Materials .................................................................................................................................... 42

13 Contractor Agrees to Indemnify and Hold Harmless ...................................................................................... 43

14 Nondiscrimination and Affirmative Action ..................................................................................................... 43

15 Safety .............................................................................................................................................................. 43

16 General and Technical Requirements............................................................................................................. 43

16.1

Relative Service Items ............................................................................................................................ 44

16.2

Service Exclusivity .................................................................................................................................. 44

16.3

Service Performance Expectation .......................................................................................................... 45

16.4

Business Review .................................................................................................................................... 46

16.5

Determination of Customer Preference ................................................................................................ 48

16.6

Required Permits & Licensing Responsibility ......................................................................................... 48

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RFP PS-15-2496

16.7

Occupation of Premises ......................................................................................................................... 48

16.8

Regulation of Method of Service ........................................................................................................... 48

16.9

Hours of Operation ................................................................................................................................ 48

16.10

Parking Fees ........................................................................................................................................... 48

16.11

Renovation and Related Equipment ...................................................................................................... 48

16.12

Sub-Contracts ........................................................................................................................................ 51

16.13

Prices and Portions ................................................................................................................................ 51

16.14

Resident Dining (Board) Service............................................................................................................. 52

16.15

Summer and Interim Meal Programs .................................................................................................... 57

16.16

Electronic Access System ....................................................................................................................... 59

16.17

Retail Dining Service .............................................................................................................................. 62

16.18

Campus Cash, Dining Dollars, and Block Meals ..................................................................................... 63

16.19

Catering .................................................................................................................................................. 65

16.20

Alcohol Beverage Service and Sales ....................................................................................................... 68

16.21

Personnel ............................................................................................................................................... 70

16.22

Equipment and Supplies ........................................................................................................................ 75

16.23

Utilities ................................................................................................................................................... 78

16.24

Facility Space.......................................................................................................................................... 78

16.25

Safety and Security ................................................................................................................................ 79

16.26

Sanitation ............................................................................................................................................... 81

16.27

Cleaning ................................................................................................................................................. 82

16.28

Sustainability .......................................................................................................................................... 85

16.29

Charges and Commissions ..................................................................................................................... 87

16.30

Liability for Revenue and Expense ......................................................................................................... 87

16.31

Statements, Audits, Payments and Billings ............................................................................................ 88

16.32

Meal Rate Billings and Escalation .......................................................................................................... 92

16.33

University/Contractor Co-Sponsorships ................................................................................................ 93

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RFP PS-15-2496

Section C ...................................................................................................................................................................... 94

1 Cost Proposal .................................................................................................................................................. 94

1.1

Residence Board Rate Charges: ................................................................................................................. 94

1.2

Residence Board Rate Escalation ............................................................................................................... 95

2 Commissions and Guarantees ........................................................................................................................ 95

3 Standard Terms and Conditions ..................................................................................................................... 97

Section D .................................................................................................................................................................... 101

1 Appendix No. 1 ............................................................................................................................................. 101

1.1

Actual/Estimate Meal Plan Participation ................................................................................................. 101

1.2

Block Plans Offered & Number of Participants ........................................................................................ 102

1.3

Meal Plans for 2014-2015 Estimated Number of Participants ................................................................. 103

1.4

Estimated University Population .............................................................................................................. 103

1.5

Residence Halls Occupancy ...................................................................................................................... 104

1.6

Summer Camp Participation .................................................................................................................... 104

1.7

Number of Serving Days ........................................................................................................................... 105

1.8

Meals Served 2013-14 .............................................................................................................................. 105

1.9

Unused Block Meals ................................................................................................................................. 105

1.10

Participation Rates ............................................................................................................................... 106

1.11

Net Sales .............................................................................................................................................. 108

1.12

Current Hours of Operation ................................................................................................................. 109

1.13

Estimated Inventory Value .................................................................................................................. 110

1.14

Labor Hours.......................................................................................................................................... 110

1.15

Cost Estimates ..................................................................................................................................... 110

1.16

Current Rates ....................................................................................................................................... 111

1.17

Liability for Revenue and Expense Items ............................................................................................. 114

2 Appendix No. 2 ............................................................................................................................................. 119

3 Attachment No. 3 - Vendor Information – DOA 3477 ................................................................................ 120

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RFP PS-15-2496

4 Attachment No. 4 – Vendor Client Reference - DOA 3478 .......................................................................... 121

5 Attachment No. 5 – Bank Reference ............................................................................................................ 122

6 Attachment No. 6– Terms and Conditions ................................................................................................... 123

7 Attachment No. 7 Proposer Information...................................................................................................... 123

8 Attachment No. 8 – Designation of Confidential and Proprietary Information DOA 3027 .......................... 124

9 Attachment No. 9 Affidavit ........................................................................................................................... 125

10 Attachment No. 10 Bid Submittal Checklist ................................................................................................. 126

Section A

1 General Information

Dining Services at the University of Wisconsin-La Crosse

1.1 Introduction and Background

The University of Wisconsin System Administration (UWSA) Office of Procurement and the University of Wisconsin-

La Crosse invites your company to submit a proposal for the operation of Dining Services. The Dining Service consists of a resident dining board program, retail operation, catering, malt liquor and alcoholic beverage services and convenience store. In order to provide the best in the industry Dining Services the University of Wisconsin

System is seeking proposals from qualified businesses who are interested in contracting with it to perform the above-stated services. The purpose of this document is to provide interested parties with information to enable them to prepare and submit a Request for Proposal (RFP) for Dining Services at the University of Wisconsin-La

Crosse.

The State of Wisconsin as represented by the University of Wisconsin System intends to use the results of this solicitation to award a contract for Dining Services for the University of Wisconsin-La Crosse.

1.2 Scope of Work

The University is seeking a nutritional, high quality, cost effective and innovative solution to the dining service needs of the University and its guests. These services must be provided in a manner that will enhance academic and student life programs. UW-La Crosse has been consistently ranked by Kiplinger’s and U.S. News and World Report as one of the top public universities in the country. UW-La Crosse is in a city of 52,000 people. Enrollment includes

9,777 undergraduate students and 769 graduate students; of these 10,546 students, 833 are multicultural students and 262 are international students. Students come from 38 states and 31 countries.

UW- La Crosse is seen as an active and fit student population. The bluffs in the area provide opportunities for hiking and there are numerous biking trails throughout the region.

UW- La Crosse boasts a retention rate of freshmen to sophomores of about 87% and a six-year graduation rate of

69%. The undergraduate population is approximately 57% female and 43% male. There are 3,539 students living on

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RFP PS-15-2496 campus in ten traditional residence halls and one suite-style residence hall and approximately 6,238 students living off campus.

UW- La Crosse students are also very involved in campus life. One of the hallmarks of UW- La Crosse is the student centeredness of faculty, staff, and administrators. Students are continually involved in the campus decision-making process.

UW- La Crosse students are conscious of their environment and green and sustainable practices. UW- La Crosse dining began composting in 2007 and went tray-less in 2009 at Whitney Center . The campus intends to continue the composting program and the local purchase of food products and involve farmers and area producers in the UW-La

Crosse dining program.

UW-La Crosse desires to have the best dining services program in the University of Wisconsin system. We are looking for innovative solutions for providing a comprehensive dining program for residence hall students, offcampus students, and the university community. We believe that all members of the campus community need to be served by the dining program.

The dining program at UW- La Crosse needs to be approached as a team concept. The University will work with the

Contractor to solve issues and insure that the campus has an excellent dining program for all members of the

University community.

A new student center is being built and will open Fall of 2016 or Spring of 2017. It is expected the contractor’s bid will include the new dining locations in the new student center.

1.3 Definitions

The following definitions are used in this RFP:

Branding: Local/regional/national recognized manufacturers/suppliers of items such as but not limited to bakery, beverage, breakfast, condiments, snacks, entrees or cereal items.

CA: UWSA Contract Administrator

Campus Cash: Money placed in a debit account with the University by any holder of a University identification card

CCA: Campus Contract Administrator

Contractor: Proposer awarded the contract.

Dining Dollars: Money placed in a debit account with the University by any holder of a University identification card that can be spent only for food purchased in areas managed by the contractor.

Proposer: Company which has submitted a proposal in response to this RFP.

QSR: Quick Service Restaurant- a non-contractor variety of retail chain operations that specialize in chicken, hamburger, pizza, sandwiches, Mexican, and sweet concepts

Seven Rivers Region: Economic and geographic area of western Wisconsin, southeast Minnesota, and northeast Iowa promoting economic growth and encouraging collaboration and regionalism

State: State of Wisconsin

System Procurement office: UW System Administration System Office of Procurement

University: University of Wisconsin La Crosse

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RFP PS-15-2496

1.4 Calendar of Events/Time Table

Listed below are specific and estimated dates and times of actions related to this Request for Proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by the University. In the event that the University finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFP. There may or may not be a formal notification issued for changes in the estimated dates and times.

EVENT

Release RFP to Vendor

Site Survey/Proposer Meeting

Vendor written Specification & Requirement Questions to System

Answer to Vendor Questions (Estimated):

Proposals Due @ 2pm CST UWSA Office of Procurement

Evaluation Team Proposal/Recommendation Meeting (Estimated)

Oral Presentation (Tentative if deemed Necessary)

Final Evaluation (Estimated)

Notification of Intent to Award Contract (Estimated)

Appeals Process Time frame (Estimated)

DATE

November 21, 2014

December 11, 2014 9 a.m.CST

December 15, 2014

December 22, 2014

January 8, 2015

January 22, 2015

Week of January 26, 2015

Week of February 2, 2015

February 5, 2015

February 6 - 13, 2015

Board of Regent Approval of Contract

Contract Award (Estimated)

March 5, 2015

March 17, 2015

Performance Bond, Certificate of Insurance & Contract Signature Complete March 17, 2015 – March 27, 2015

Transition Time (Estimated) March 27, 2015 – May 31, 2015

Start of Contract (Estimated) July 1, 2015

1.5 Fixed Offer Period

All Proposals submitted to obtain Dining Services shall remain fixed and valid for acceptance for a one hundred twenty (120) day period starting on the proposal due date, January 8, 2015.

1.6 Procuring and Contracting Agency

This RFP is issued for the State of Wisconsin by the University of Wisconsin System Administration Office of

Procurement which is the sole point of contact for the State during the proposal evaluation process. The contract resulting from this RFP shall be between the State of Wisconsin, Board of Regents of the University of Wisconsin

System doing business as the University of Wisconsin La Crosse , hereafter referred to as the "University," and the successful proposer hereafter referred to as the "Contractor" for the provision Dining Services according to the terms set forth herein. The Director of University Centers, Dr. Larry Ringgenberg, shall be the representative of the

University responsible for the administration of the contract and referred to herein as "Campus Contract

Administrator." The Associate Director of University Centers, Dr. Mary Beth Vahala, will serve as the operational manager of the UW- La Crosse Dining Services contract.

1.7 Clarification and/or Revisions to the Specifications or Requirements

Any questions concerning this RFP must be submitted in writing on or before December 15, 2014, to:

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RFP PS-15-2496

Paul D. Schlough, Procurement Specialist Senior [email protected]

Questions regarding this RFP should reference “RFP PS-14-2596 Question” in the subject line.

Vendors are expected to raise any questions or exceptions they have concerning the RFP DOCUMENT at this point in the RFP process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the vendor should notify immediately the above named individual of such error

and request modification or clarification of the RFP.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or addendums will be provided to all recipients of this initial RFP.

Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP and any supplements or revisions thereof.

Failure to acknowledge receipt of supplements or revisions, in accordance with the instructions contained in the supplement or revision, may result in proposals not being considered. Each proposal shall be predicated upon all the terms and conditions of the RFP and any and all supplements or revisions thereof.

If a proposer fails to notify the University prior to the Proposal due date of a known error in the Proposal (an error that reasonably should have been known to the Proposer) and a contract is awarded to that Proposer, the

Proposer shall not be entitled to additional compensation or time by reason of the error or its correction.

Any contact with University employees concerning this RFP is prohibited, except as authorized by the RFP manager during the period from date of release of the RFP until the notice of intent to contract is released.

1.8 Reasonable Accommodation

The University of Wisconsin System Administration (UWSA) Office of Procurement will provide reasonable accommodations including the provision of informational material in an alternative format for qualified individuals with disabilities upon request. If you think you need accommodations at the vendor conference, contact UWSA Office of Procurement, Paul D. Schlough, (608) 265-0557.

1.9 Contract Term

It is the intent of the University to commence the resulting contract on or about July 1, 2015.

The contract shall be effective on the date indicated on the contract and shall run through June 30, 2016, with six

(6) automatic one (1) year renewal options. This contract shall automatically be extended into the next optional period unless either party notifies the other, in writing, one hundred and twenty (120) calendar days prior to the expiration of the initial or succeeding contract terms.

The University may discontinue this contract, in whole or in part, without penalty at any time due to nonappropriation of funds.

1.10 VendorNet Registration

The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state, including the University of Wisconsin System. Anyone may access

VendorNet on the Internet at:

11

RFP PS-15-2496 http://vendornet.state.wi.us

to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state, including the University of Wisconsin System. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. Registration, which is free, guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access may receive paper copies in the mail. Increasingly, state agencies also are using

VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

2 Proposal

In order to meet the current needs of the University of Wisconsin-La Crosse, the Proposal presented is to consist of

Dining Services for University of Wisconsin-La Crosse for the contract term specified in this Request for Proposal document.

3 Preparing and Submitting Proposal

3.1 General Instructions

The evaluation and selection of a contractor and the contract will be based on the information submitted in the

Contractor’s proposal plus references and any required on-site demonstrations or oral interviews. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response.

NOTE: Elaborate proposals (e.g., expensive artwork), beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

3.2 Site Survey Meeting/Inspection of Premises

Proposers are invited and encouraged to attend a Site Survey Meeting on December 11, 2014, at 9:00 a.m. Central

Standard Time (CST) at the UW-La Crosse Campus, in Room 337 Cartwright Center.

At that time a review of the Request for Proposal Document and inspection/walk through of the Campus facilities and grounds will be completed. Failure to inspect adequately shall not relieve the contractor from the necessity of furnishing and installing, without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract.

To RSVP Site Survey/Site Inspection Attendance:

Prospective Proposers are to contact:

Dr. Larry J. Ringgenberg. Ph.D.

Director, University Centers

212 Cartwright Center - UW-La Crosse

La Crosse, WI 54601

Telephone: ( 608) 785-8888

Fax: ( 608) 785-6575

To Obtain Parking Instructions for Site Survey/Site Inspection Attendance:

Prospective Proposers are to contact:

UW-La Crosse Parking & Transportation Services

Permits may be purchase online at: www.uwlax.edu/Parking/

Telephone:

E-Mail:

(608) 785-8061

[email protected]

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RFP PS-15-2496

3.3 Incurring Costs

The University is not liable for any cost incurred by proposers in replying to this RFP.

3.4 Submitting the Proposal

Seven (7) hard copies of the completed proposals, including the signed original, may be mailed, delivered by proposer or by a third-party/courier service in a sealed envelope or package with the RFP number on the outside.

Two (2) copies of the proposal must be submitted on USB Flash Drives. Proposals must be received and date/time stamped prior to 2:00 p.m. CST on the stated proposal due date. Proposals not so date/time stamped shall be considered late. Late proposals shall be rejected.

Proposals must be delivered to:

Paul D. Schlough

Procurement Specialist Senior

University of Wisconsin System Administration’s Office of Procurement

780 Regent St., Suite 105

Madison, WI53715

Receipt of a proposal by the University mail system does not constitute receipt of a proposal by the Purchasing

Office, for purposes of this RFP.

To ensure confidentiality of the document, all proposals must be packaged, sealed and show the following information on the outside of the package:

Proposer's name and address

Request for proposal title (RFP: Dining Services for the University of Wisconsin-La Crosse)

Request for proposal number (PS-15-2496)

Proposal due date January 8, 2015 2:00 PM CST

An original plus 1 copy of the Cost Proposal (Section C, No. 1) must be sealed and submitted as a separate part of

the proposal. The outside of the envelope must be clearly labeled with the words “Cost Proposal, RFP (Name of

RFP)” and name of the vendor and due date. The cost proposal is due to the addressee on the due date and time noted above. One (1) copy of the cost proposal must also be submitted on USB Flash Drive.

3.5 Proposal Organization and Format

Proposals should be a complete and concise description of the proposer’s ability to deliver materials, equipment or services. Proposers should clarify whether they agree or take exception to each of the specifications. Proposals should be typed and submitted on 8.5 by 11 inch paper bound securely. Proposals should be organized and presented in the order and by the number assigned in the RFP. Proposals must be organized with the following headings and subheadings. Each heading and subheading should be separated by tabs or otherwise clearly marked. The RFP sections which should be submitted or responded to are:

3.5.1 Cover Sheet (DOA-3261)

The cover page DOA-3261 (found on page number 2 of this Request for Proposal (RFP) must be completed by the proposer and submitted with the proposal.

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RFP PS-15-2496

3.5.2 Section A, No. 4.0 Required Information

3.5.2.1 Name and Address (4.1)

3.5.2.2 Reference List and Contact Information (4.2)

3.5.2.3 Description of Claims or Law Suites (4.3)

3.5.2.4 Written Agreement to Terms (4.4)

3.5.2.5 Internal Accounting Program (4.5)

3.5.2.6 Proposed Accounting Forms, Invoice Sample and Operating Statement (4.6)

3.5.2.7 Personnel Background Checks (4.7)

3.5.2.8 Company Information (4.8)

3.5.2.9 Mandatory Qualifications (4.9)

3.5.2.10 Affidavit (4.10)

3.5.2.11 Cost Proposal Form (4.11)

3.5.2.12 Technical services Program specifications and Requirements (4.12)

3.5.2.13 Personnel, Management and Staff (4.13)

3.5.2.14 Financial Investment (4.14)

3.5.2.15 Glossary of Terms (4.15)

3.6 Multiple Proposals

Multiple proposals from a Proposer will be permissible; however, each proposal must conform fully to the requirements for proposal submission. Each such proposal must be separately submitted and labeled as Proposal

No. 1, Proposal No. 2, etc. on each page included in the response.

The University shall not consider a cost plus management fee contract proposal nor operations which require extended term subsidy of food services. The University shall only consider proposals alternates from those proposers who have met qualifications and have completed the required submittal format.

3.7 Proposed Contract for Dining Services

The PROPOSED CONTRACT in Section B provides the terms and conditions the University expects to be in the contract between the University and the successful Proposer. Any changes to a proposed term or condition a proposer wishes the University to consider must be submitted with the proposal. The University, in its sole discretion, may modify any portion of this proposed contract.

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3.8 Proprietary Information

As the University is a state agency, any restrictions on the data contained within a proposal submitted must be clearly stated on the Proprietary Form, Section D, Attachment No. 8. Proprietary information submitted will be handled in accordance with applicable State of Wisconsin law. It is the proposer’s responsibility to defend the determination in the event of an appeal or litigation. Data, documentation and innovations contained in the proposal become the property of the University. Excessive designation of information as proprietary may result in disqualification of your Proposal.

3.9 Certification of Independent Price Determination

By submitting this proposal the proposer certifies and in the case of joint proposal, each party thereto certifies as to its own organization, that in connection with this RFP:

3.9.1 Independent Pricing and Board Rates

The prices, guarantee and board rates in this proposal have been arrived at independently, without consultation, communication or agreement with any competitor for the purpose of restricting competition.

3.9.2 Disclosures

Unless otherwise required by law, the prices, guarantee and board rates, which have been quoted in this proposal have not been knowingly disclosed by the proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other proposer or to any competitor.

3.9.3 Restriction of Competition

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.

3.9.4 Proposal Signatory Authority

3.9.4.1 Responsibility

He/she is the person in the proposer’s organization responsible within the organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to

3.9.1 through 3.9.3.

3.9.4.2 Agent Authorization

He/she is not the person in the proposer’s organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions; and he/she has the authority to certify that such persons have not participated, and will not participate in any action contrary to 3.9.1 through 3.9.3 above and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 3.9.1 through 3.9.3 above.

3.10 Executed Contract to Constitute Entire Agreement

In the event of contract award, the contents of this RFP, RFP addenda and revisions, and the proposal of the successful proposer, and additional terms agreed to, in writing, by the System Procurement office and the

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Contractor shall become part of the contract. Failure of the successful proposer to accept these as a contractual agreement may result in a cancellation of award.

The following priority for contract documents will be used if there are conflicts or disputes:

Written Contract Terms agreed during negotiations

Vendor's Proposal Dated January 8, 2015 (Due date)

University Request for Proposal Dated November 21, 2014 (Issue date)

And all issued addendum

Standard Terms and Conditions

4 Required Information

The proposer’s response to this subsection must clearly demonstrate the capacity to handle the needs stated in this proposal in addition to the Proposer’s current workload. The University reserves the right to request supplementary information deemed pertinent to assure proposers competence, business organization, and financial resources are adequate to successfully perform services. Each of the requirements must be responded

to in the format and order presented in each section even if the answer is simply yes or no.

Provide on company letterhead a concise, detailed description of the following:

4.1 Name and Address

The proposer shall submit the name and address of the operating firm. Names of owners or principles of your Firm shall be included. If a corporation, provide date of incorporation and president’s name. If other than corporation or partnership, describe organization and name of principals. If an individual or partnership, provide date of organization and name and address of all partners (state whether general or limited partnership). Complete and return vendor Information Form Section D, Attachment No. 3. Describe any sub-contract relationship your firm

intends to enter into in order to provide the services related to this contract. Please include all sub-contract agreements and contact information.

4.2 Operation Financial Requirement

The proposer must currently operate University and/or commercial Dining/Food Services consisting of minimum annual gross sales of six million dollars ($6,000,000) in order to qualify for award of the Dining/Food Services

Businesses requested in this Request for Proposal (RFP). Please provide proof.

4.3 Description of Claims or Law Suits

The proposer shall list and describe any claims or lawsuits that have been made against your company for nonperformance or inadequate performance as a provider of Dining Services or similar venue.

4.4 Written Agreement to Terms

The proposer shall describe your firm’s willingness to agree to as written the terms and conditions specified in section B, proposed Contract for Dining Services. Describe your firms approach to meeting these written terms and conditions. Complete and return Section D, Attachment No 6.

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4.5 Internal Accounting Program

The proposer shall provide a description of their internal accounting program for:

Inventory control for on-location storage areas.

Dining services personnel accounting controls.

Method of recording, checking and reporting sales.

Internal control of cash handling.

Internal audit system.

Distribution formulas/basis for allocable account/unit expenses.

4.6 Proposed Accounting Forms, Invoice Sample and Operating Statement

The proposer shall provide a copy of each regular accounting form, invoice Sample and Operating Statement used with detailed explanation of each and their importance. Include a proposed set of monthly operating statements

intended to satisfy the requirements of the resulting contract.

4.7 Personnel Background and Social Security Checks

The proposer shall provide a statement of procedures for background and social security checks of proposer’s personnel. This process must verify compliance with Section B, No 16 General and Technical Requirements, Items

16.21.11 Background Checks.

4.8 Company Information

The Proposer shall provide a general history of the company and appropriate qualifications to provide the required

Dining Services including environmentally friendly processes, procedures and certifications.

Provide historical background and capabilities of your company with special emphasis on your ability or your licensee’s or other agent’s ability to provide Dining Services to facilities of comparable size and complexity to the

University and its infrastructure.

Please demonstrate in writing your ability to deliver the requirements of the contract as documented in this

Request for Proposal (RFP). The written response must clearly demonstrate the capacity to deliver the requirements of this RFP in addition to your current workload.

4.9 Mandatory Qualifications

4.9.1 Business Ownership

The proposer must currently own the specified business and must have owned and operated the specific business continuously a minimum of five (5) years. Please verify that your business has been in operation for a minimum of five (5) years.

4.9.2 Operating Statements/Proof of Financial Capacity to Provide Service

Proposer must provide a complete operating statement or annual report as of your last fiscal year of operations.

A branch/division operating statement or annual report for the area to which the University is assigned.

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Provide the financial and operational capacity to sufficiently support the specified service, provide initial inventories, equipment and labor and cash flow to guarantee performance.

Proforma Forecast: A proforma profit and loss statement forecast for the first full three (3) fiscal years must be included.

4.9.3 Bank References

Proposer must list one bank reference with which your firm is currently transacting business. Complete and return

Section D, Attachment No. 5.

4.9.4 Demonstrated Capacity to Handle Requirements

The proposer’s response must clearly demonstrate the capacity to handle the requirements of this contract in addition to current workload as determined by the University.

4.9.5 Vendor Client References

The proposer shall provide the name, address and phone number of contact person from at least three locations where you provide Dining Services to universities of larger or at least similar size to the University of Wisconsin-La

Crosse. Complete and return Section D, Attachment No. 4. The University will determine which, if any, references to contact to assess the quality of work performed and personnel assigned to the project. The results of the references will be provided to the review committee and used in reviewing the Proposal.

4.10 Affidavit

Proposals submitted must contain a non-collusion affidavit and signature block information as specified in Section

D, Attachment 9. Complete and return Section D, Attachment 9.

4.11 Cost Proposal Form (225 points)

The proposer must complete the Cost Proposal in Section C. This form must be submitted with the proposal in a separate sealed envelope. (200 points)

4.12 Technical Services Program Specifications and Requirements (650 points)

4.12.1 Plan of Operation

Describe your vision for dining services at UW- La Crosse, including residence dining, catering, retail, nutrition education, local purchasing, use of name-brand options, marketing/customer service, and potential renovations.

Where do you see the dining service going over the length of the contract? Also, describe your plan for change in

Whitney Center Main Dining, Chars/Flying Star, and Badger Street Station/Sub Shoppe, Cartwright Center dining areas, and the new student center dining areas that may be implemented in year two and through the life of the contract.

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4.12.2 Residential Dining Program (academic year, winter interim, and summer session)

4.12.2.1 Menu Outline/Menu Cycle

Submit an outline describing the number, portion size and type of entrees, vegetables, salads, desserts, fresh fruits, beverages, regular features, ethnic offerings , bakery (cookies, pies, etc.), deli options etc., to be offered at each meal.

Include all menu cycles and service concepts you propose to incorporate. Describe meal options offered for continuous meal service in Whitney Center dining locations and your late night dining options that occur after 9:00 p.m. Describe how menu cycles will change to allow for local products that are available during the cycles. Provide a minimum of one monthly menu cycle for each proposed location.

4.12.2.2 Condiments

Describe which condiments will be available in all residential dining locations.

4.12.2.3 Service Programs for “Exhibition Cooking”

Describe service programs for “exhibition cooking,” open grilling, service islands, branded/signature concepts, kiosks, short-order cooking you intend to utilize in Whitney Main Dining, Chars/Flying Star, and Badger Street Station/Sub

Shoppe.

4.12.2.4 “Healthy Heart” Sample List

Provide a sample list of “heart healthy,” low cholesterol, low fat, gluten-free and other allergy-free options, and vegan/vegetarian/vegetable-based entree options available for all meals. Describe how and where you plan to incorporate such options into the menu. Include options such as organic foods, fresh fruits and vegetables, locally produced and sustainable products.

4.12.2.5 Pack Outs

Describe your program, menu options, and process for pack-outs (See Appendix II for current program).

4.12.2.6 Pace Changer Frequency

Designate the frequency and nature of pace changers, including picnics, special meals, fine dining, theme dinners, and premium meals you propose to include. Provide menus for theme dinners and, and a list of pace changers you intend to offer.

4.12.2.7 Shared Meals

Describe how you would accommodate students and their guests in any of the dining areas on campus.

4.12.2.8 Efficiency of Service

Describe your methods for working with rush times, including customizing orders during high traffic times. Include how you would address student wait times and efficiency of service, including increasing staffing as needed during high traffic times, in the residential dining areas. (See Appendix II for table of high traffic times.)

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4.12.2.9 Nutrition Programs/Labeling

Explain the details of nutrition education/awareness programs/labeling of all foods you propose to provide. Include information regarding nutritional information systems and methods of posting/labeling ingredients. Describe the technology you may use to assist in this important element of customer awareness.

4.12.2.10 Sick Trays

Describe your program for sick trays.

4.12.2.11 Sack Meal/“To-Go” Meal Program

Describe your program for “to-go” meals from Whitney Center Main Dining. Describe your program for a stand-alone sack meals/”to-go” concept that incorporates both hot and cold meal choices.

4.12.2.12 Food Allergies Dining Station

The Whitney Center main dining area must include a station specifically identified for students with food allergies

(ex., peanut-free, gluten-free, dairy-free, lactose-free, etc.). Describe your program for working with students with food allergies and special dietary needs. Describe how this information will be communicated to students.

4.12.2.13 Student Preference

Describe how the concepts in your proposed program will meet the needs of the residential student body and be responsive to student preferences. Include how you would implement a variety of cultural and International in the residential dining program areas.

4.12.2.14 Residential Dining Assessment Process

Describe the assessment processes, tools, and methods you intend to use for residential dining operations. Describe how you would collaborate with the University in conducting this assessment.

4.12.2.15 Pre-Academic Year Meal Service

Describe your program for residential students for pre-academic year meal service, interim breaks, and summer sessions.

4.12.2.16 Whitney Center Dining Hours

Describe your proposed hours of operation for the resident dining program, including all dining locations in

Whitney Center. Describe the services to be provided at specific times for each day of the week during the academic year. Include how the hours of operation will be communicated to the campus community.

4.12.2.17 Additional Meal Plans

Describe in detail any additional meal plans you propose we offer, in addition to those required, to resident

(board) students.

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4.12.3 Retail Program

4.12.3.1 Comprehensive Menu – Retail Locations

Provide a comprehensive menu with proposed cash prices/portions, for each of the retail dining operations food courts, coffee bar, etc., denoting heart-healthy, low cholesterol, low-fat and vegan/vegetarian/vegetable based options. Operations include the existing Cartwright Center venues, Murphy’s Mug in Murphy Library, and the coffee

shop in Centennial Hall. Include proposed operations for salad bars, deli bars, burgers, wraps, pizza, and other ethnic or specialty operations. Describe any service variations/ programs for breakfast, lunch, dinner and evening you plan to implement. Describe your definition of heart-healthy, low cholesterol, low-fat, vegan/vegetarian/vegetable-based options, gluten-free and other allergy free options, and how and where you plan to offer these options.

4.12.3.2 Comprehensive Menu – New Student Center

Provide a comprehensive menu with proposed cash prices/portions, for each of the retail dining operations in the

new student center denoting heart-healthy, low cholesterol, low-fat and vegan/vegetarian/vegetable based options.

(Operations include….. Include proposed operations for salad bars, deli bars, burgers, wraps, pizza, and other ethnic or specialty operations. Describe any service variations/ programs for breakfast, lunch, dinner and evening you plan to implement. Describe your definition of heart-healthy, low cholesterol, low-fat, vegan/vegetarian/vegetable-based options, gluten-free and other allergy free options, and how and where you plan to offer these options.

4.12.3.3 Other Food Cart/Operations

Describe your proposed concepts for any other food cart/operations you would propose in any other campus locations (i.e., Centennial Hall, Wimberly Hall).

4.12.3.4 Meeting Student Needs and Preferences

Describe how the concepts in Cartwright Center, Murphy’s Mug, Centennial Hall, and proposed additions including

the new student center will meet the needs of the student body and be responsive to student preferences and customization of orders.

4.12.3.5 Block Plan Options

Describe your meal options for block plans for students, faculty, and staff. Block meals are defined as one substantial entrée, two sides, and a beverage. Describe portion sizes for block meal options in each location in Whitney Center,

Cartwright Center, and the new student center dining locations.

4.12.3.6 Hours of Operation for Retail

Describe hours of operation for retail operations and how these will be communicated to the campus community. At least some retail service is to be available each day throughout the entire year when the faculty, staff, or students are present. Include summer and interim programs.

4.12.3.7 Implementing Change in Retail

Describe your plans to implement change and provide a fresh look to the retail operations from year to year, through the life of the contract. Explain your investment needed for this change.

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4.12.3.8 PCI Compliance

Explain how you are PCI compliant and what systems and processes you will have in place to protect the integrity of the University.

4.12.3.9 Retail Dining Assessment Program

Describe the assessment processes, tools, and methods you intend to use for retail dining operations. Describe how you would collaborate with the University in conducting this assessment.

4.12.3.10 Local/Regional/National Branded Concepts

Describe proposals for local/regional/national branded concepts in retail areas.

4.12.3.11 Alcohol Service in Retail Area

Describe your program for alcohol service in the retail area of the new student center.

4.12.3.12 Efficiency of Service

Describe your methods for working with rush times, including customizing orders during high traffic times. Include how you would address student wait times and efficiency of service, including increasing staffing as needed during high traffic times, in the retail dining areas. (See Appendix II for table of high traffic times.)

4.12.3.13 Cultural and International Cuisines

Describe how you would implement a variety of cultural and International cuisines in the retail dining locations.

4.12.4 Summer and Interim Programs

Summer Program Operation

Describe your plans to operate summer programs. Include menu, menu portions, menu cycle, type of service, days of service, times of services, management assignments, and other related areas. Also include how you will communicate your summer program options to campus groups. Summer service is typically provided seven days per week during the months of June through August in Cartwright and/or Whitney Center.

4.12.4.1 Interim Program

Describe your plans to offer dining options during interim breaks (when fall and spring classes are not in session).

4.12.4.2 Summer Meal Plan Flexibility

The University will provide a summer meal plan for groups as small as 15 students and as large as 100 students.

Describe what this meal plan would look like.

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4.12.5 Catering Program

4.12.5.1 Comprehensive Catering Program

Describe your comprehensive catering menu with prices and service options (linens, etc.) offered to meet the

University community needs for both low and high budgets effective Fall 2015. Describe your menu and presentation ideas and how you will keep it creative throughout the life of the contract.

4.12.5.2 Remaining Food at End of Catering

Describe how you would work with a group to handle food remaining at the end of a catering.

4.12.5.3 Cultural and International Meals

Describe how you would cost effectively produce cultural and International meals in coordination with the multicultural and International student organizations using submitted recipes by members of student organizations or proposed recipes by the dining company.

Describe your program for allowing student organization members to prepare meals in accordance with the Cultural and International Dinner policy under the supervision of the Contractor’s designee.

4.12.5.4 Catering Menu and Procedures

Describe your catering program for inexpensive “no-frills” catering options. Provide a menu and procedures

(communication, pick-up, payment, deadlines, special orders, etc.) for catering for student organizations and/or university departments.

4.12.5.5 Alcohol and Bartender Training/Education Programming

Describe your bartender training program and alcohol education training.

4.12.5.6 Alcoholic Beverage Catered Service

Describe your proposed pricing strategies and presentations for catered alcoholic beverage service.

4.12.5.7 Minimum Catering Guarantees

Describe any minimum guarantee requirements and delivery charges for catered services, including alcoholic beverage services.

4.12.5.8 Catering Example

Please describe your solution to the following catering scenario: There will be approximately sixty (60) guests with varied backgrounds who are donors to the University at a staff member’s home for an evening reception and social time. There will be access to a sink, stove, refrigerator and microwave. Please describe what you would propose for a theme, menu and presentation ideas. Include pictures of a similar type of event you have catered. The budget is fifty dollars ($50.00) per person for this event.

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4.12.6 Purchasing Program

4.12.6.1 Purchasing Utilization of Local Distributors

Describe your purchasing program, including plans for utilizing local distributors in the La Crosse, Wisconsin, area.

4.12.6.2 Purchasing Utilizing Local Producers

Describe your purchasing program, including plans for utilizing local producers within a 100-mile radius of La Crosse,

Wisconsin.

4.12.7 Convenience Stores

4.12.7.1 Convenience Store Operation

Describe your vision for selling basic food products in a limited retail goods convenience store operation. Basic foods might include frozen food items, snacks, candy, chips, cookies, etc.) soft drinks, energy drinks, various brands of water, tea, and juice. Products might also include some perishable food items such as milk, bread, and eggs.

4.12.8 Marketing

4.12.8.1 Marketing Vision

Define your vision of quality customer service. Describe how you will incorporate this vision into residential, retail, and catering programs on campus.

4.12.8.2 General Marketing Plan

Provide a comprehensive general marketing plan and budget for promoting dining Services at UW-La Crosse which includes the use of social media and other creative marketing strategies. The proposal shall include examples of systems and schedules used to evaluate customer tastes and satisfaction.

4.12.8.3 Assessment

Describe your plan for assessing staffing needs to be sure appropriate staffing is provided. Include how you will include University faculty, staff, and students in the assessment process.

4.12.8.4 Customer Satisfaction

Provide examples of tools/systems you will use to evaluate customer tastes and satisfaction. Include descriptions of evaluation methods and schedules. Describe how you will respond to this information in order to meet the needs of the campus community and be responsive to customer preference.

4.12.8.5 Student Group Support

Describe how you will support student groups and student organization programming efforts.

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4.12.9 Renovations

Describe your plan for remodeling, modification, new construction, renovation, and equipping the facilities by area for the 2015 timeframe, and your vision for dining service operations during the life of the contract. Include the following:

4.12.9.1 Renovations and New Concepts

Discuss renovations and new concepts to be incorporated into the Whitney Center and the new student center.

Include appropriate schematic plans, pictures, artists’ renderings, finishes, list of required equipment and proposed timeline for the projects to become operational after design approval of the project(s). Indicate the support services available for the design, engineering and project supervision immediately and long term.

4.12.9.2 Franchise Concepts

Provide preliminary franchise/licensing approvals and franchise contact personnel for each local/regional/national non-contractor branded quick service concept and copy of licensing agreements, if proposed. Also include menus, product categories, suggested price/portion information and specific marketing strategies for each branded concepts.

4.12.10 Technology

Explain how and what technology you will be using on campus and what technology is available from your company (food delivery/ordering/inventory systems, business systems, etc.). Include systems used to expedite ordering services, convey nutritional information, menu management systems, on-line menu and catering order systems, websites, on-line assessment/survey tools, mobile technology, and other technology to be used during this contractual period.

Describe how you would use technology to inform students of high traffic times in an effort to decrease long wait times.

Explain timesaving systems you have in place that will allow your management more customer servicerelated face time.

Explain technology or software that will be used to enhance the menu development, recipe costing, and nutritional information available to customers.

Describe how you would use the CBORD/MICROs cash register system to improve service to students.

4.12.11 Sustainability

4.12.11.1 Sustainability Practices

Describe how you intend to address the issues of sustainability practices (See Vision for Sustainable Food Service in

Appendix II). Include the following components:

Propose an outline of practices you would implement in the first year of the contract, versus what the campus should expect over the life of the contract (waste management, energy consumption, purchasing, and other).

Describe how and to what extent your offerings include fair trade, locally grown, humane and organic foods. Describe purchasing practices that include sustainable sources and meet the University’s goal of

20-25 percent or more of purchases from local producers. Include how you will allow for convenience

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RFP PS-15-2496 purchases of local products when a product becomes available from local producers as defined in the

Vision for Sustainable Food Service in Appendix II.

Describe your company’s plan for reducing waste that would contribute to landfill levels in our community. Describe any experiences with compostable disposable ware and potential applications for

UW- La Crosse.

Describe how you intend to support efforts to move forward to create a more sustainable dining service operation as well as any new areas of sustainability that will arise in the future as it pertains to our dining service footprint on the environment. Describe current programs in place at your other accounts that may enhance our program.

Describe any consumer provided reusable beverage container programs or other promotions and education programs for reducing waste, as well as how your company will reduce waste. Describe how you will implement a program for biodegradable and compostable containers, cups, cutlery, plates and bowls, and similar items as much as possible.

Describe your marketing strategies and education initiatives regarding sustainable efforts.

Describe how you will recycle or reuse cooking oil generated within the facility.

Describe how you will work with student groups on sustainability issues to include educational efforts.

4.12.11.2 Locally and Regionally Grown/Produced Food Plan

What is your goal for volume of use of locally and regionally grown products? Outline your plan to use locally and regionally grown/produced foods while in season.

4.12.11.3 Organic Products

Describe your program for incorporating certified organic products in residential retail and catering operations.

4.12.11.4 Waste Reduction

Describe your program for encouraging waste reduction in the residential, retail, and catering operations.

4.12.11.5 Green Initiatives

Describe any other "green" initiatives you propose to implement at UW-La Crosse.

4.12.11.6 Green Initiative Costs

Identify per item additional costs you intend to charge customers to support required or proposed green initiatives, If any.

4.12.11.7 Tray-less Solution

The Contractor is required to offer a tray-less program in all units/restaurants with the exception of the Galley, and for special needs students and staff. The Galley requires trays be used on the dish belt.

4.12.11.8 Vermicomposting

The Contractor will be required to collaborate with the University to develop a food separation process for vermicomposting (composting with worms).

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4.12.11.9 Reusable Clam Shell Program

The Contractor and the University will develop and implement a reusable clam shell program funded by the

University and the Contractor on an equal basis. All residential dining students are eligible for a reusable clam shell.

4.12.12 Food and Supplies Requirements

Each of the requirement s must be responded to in the format and order presented in each section even if the answer is simply yes or no.

4.12.12.1 Compliance with U.S. Grades

All food and supplies purchased shall be in conformance with the specified minimum United States Standards for

Grades. In the absence of grade labeling, the contractor shall provide the University, on a monthly basis, with packers’ labeling codes or industry accepted grade equivalent standard to verify the minimum grades specified are being provided. The University shall periodically, or as deemed necessary, inspect the contractor’s inventory of food and supplies to determine that purchase standards are maintained.

4.12.12.2 Grade Minimum for Food Items

Grade minimums for food items shall be:

2.1.1.1.1 Meat U.S.D.A. No. 1 or U.S.D.A. choice, cut to I.M.P. specifications.

2.1.1.1.2 Seafood – U.S. Grade A, certified.

2.1.1.1.3 Poultry – U.S. Grade A

2.1.1.1.4 Eggs – U.S. Grade A medium size

2.1.1.1.5 Pure ground beef – U.S.D.A. standard or better, not to exceed 15% fat.

2.1.1.1.6 Fresh fruits, vegetables – U.S.D.A. No. 1 or Grade A, fancy.

2.1.1.1.7 Canned fruits, vegetable, juices – U.S.D.A. Grade A or fancy canned.

2.1.1.1.8 Frozen fruits, vegetables, juices – U.S.D.A. Grade A

2.1.1.1.9 Dairy products, cheese – U.S.D.A. Grade A

4.12.12.3 Low Fat Products

The contractor may use natural, low fat products. Natural, low fat processed cheeses may be used for sauces.

Non-processed cheeses shall be used for catering unless processed cheeses are specifically requested.

All products will be identified with the type of cooking oil used in its production. Use of oils which are low in saturated fats is encouraged. Trans fats and tropical oils will not be used for the dining program.

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4.12.12.4 Meat Cuts

All meat cuts shall be in accordance with U.S.D.A. IMP specifications. These grades are intended as minimum standards only, and the contractor is encouraged to exceed these minimums. All other food stuffs not included in the above categories shall be of comparable quality.

4.12.12.5 Meat Content

Ground beef patties may contain a maximum fat content of the finished raw patty of 15%. All patties shall be

100% beef. Retail areas must serve fresh ground (not frozen) patties.

4.12.12.6 Dairy Products

Butter must be available at all serving line locations. Margarine may be offered as an alternative selection to butter provided it is clearly marked.

For all catering service the University prohibits the use of non-dairy substitutes for dairy products, in whole or part, except as approved by the University on an event-by-event basis.

The contractor shall use natural non-processed cheese (such as but not limited to, cheddar, Swiss, or Monterrey

Jack) in appropriate units. For sauces, natural, processed cheeses (including low-fat) may be used. Soy milk, or other milk substitutes, must be available at all dining locations. Other applications are by mutual agreement of the contractor and the University.

4.12.12.7 Recipes in Writing

Recipes and production directions shall be in writing and followed implicitly to ensure consistency of taste and quality in food products served. Production such as grilling, French frying, steam cooking, etc., of items shall be continuous through each meal period, with large quantities prepared as close as possible to the time when they will be served, while still maintaining quality and adequate stock to avoid delay in service. Care must be taken by the Contractor to maintain an appetizing appearance, good flavor, taste, and texture of all prepared products.

4.12.12.8 University Access to Recipes and Nutritional Analysis

The University shall have free access to any and all records of recipes, production sheet specifications and quantities of food issued each service unit. The nutritional analysis of all items served shall be available upon request by customers or the Campus Contract Administrator. The contractor’s production managers shall be provided flexibility to adjust standard file recipes to lower salt and sugar contents and in the case of bakery products to lower salt, sugar and fat content and increase the use of whole wheat flour on menu items where the quality of the finished product is not altered significantly.

4.12.12.9 Recipes from Home Program

The university coordinates a “Recipes from Home” program every year. Recipes from home will be featured during spring semester meals from February 1 to April 30. A minimum of 175 recipes will be offered in the Whitney Center

Main Dining Room during this time period. Information on Recipes from home can be found in Appendix II.

4.12.12.10 Minority (MBE) Program

The University requests cooperation of the contractor in reporting on a regular basis all purchases of services

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RFP PS-15-2496 or commodities from certified minority businesses used in the performance of this contract. The contractor use of second and third tier suppliers to meet these requirements are encouraged. This report shall be submitted to the University Purchasing Office on a mutually agreed schedule.

In addition to direct subcontracting efforts, your company can help the University achieve the 5% goal by managing your second tier minority purchases. Second tier business refers to incidental business expenses your company may spend with MBE firms as it pursues the normal course of business supplying the University products or services.

Here are some examples:

You may report a percentage of your inbound freight conducted with an MBE firm.

You may report a percentage of the cleaning expenses for your facility.

If you travel to maintain your business with us, you could use a MBE travel agency and report that expense.

These expenses can only be reported to the extent that they relate to your business with the University. The percentage of the expense you can report is determined by the amount of your University sales as it relates to your total sales volume. Per the terms of the contract you should actively pursue directing business towards

these types of companies, and report your efforts in this regard on a semiannual basis.

4.12.12.11 Procurement of Food

The contractor shall maintain rigid procurement procedures throughout the entire process of purchasing, receiving, storage and inventory of all food and direct supplies, and shall pay for all food and direct supplies related to food production service and management applicable to this contract. Menu item products and specifications in retail and board operations will be identical and will be approved by the Campus Contract Administrator before the beginning of each academic year and/or upon inception of new menu items and will not be changed or substituted without prior notification and approval of the UW- La Crosse Dining Campus Contract Administrator. The Contractor is encouraged to use local distributors for a majority of all purchases (51% or more). The contractor will provide monthly procurement reports specifying the following:

Purchases made from local distributors

Purchases made from local producers within the Seven Rivers Region

The contractor shall whenever possible and where resulting costs do not significantly jeopardize board rate costs, purchase food from certified organic and/or fair trade growers and producers. The contractor and University shall mutually establish benchmarks for procurement of locally and regionally grown/produced and certified organic foods.

4.12.12.12 Contractor Advising

The contractor shall advise the University of food supplies and equipment specifications and sources of supply and prices paid as requested for purposes of comparative studies conducted on the University‘s behalf. When these items may be purchased by both parties, the same specifications are source of supply may be arrived at by mutual agreement and in compliance with System regulations.

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RFP PS-15-2496

4.12.12.13 Soft Drinks

The University has an exclusive Pouring Rights contract for carbonated beverage services for the entire campus which the Contractor will be required to honor. Limited exclusions are available for sale in Badger Street Station and for catering. Because of the UW-La Crosse exclusive pouring rights contract, only products permitted by the current

Pouring Rights contract shall be offered on the UW-La Crosse campus.

Products permitted by the current Pouring

Rights contract must be offered in the resident dining cafeterias. Beverages not included as part of the Pouring Rights contract must be offered in the Convenience Store and the catering program. (See Appendix II for current Pouring

Rights pricing for dining services.)

The University is responsible for all soda equipment and selection of beverages within all dining locations, in consultation with the Contractor. All proposed changes by the Contractor must be proposed to the University

Contract Administrator.

Free soda refills shall be offered at the Whitney Center main dining room, Chars/Flying Star, the Sub Shoppe, and at all dining locations in the new student center.

4.12.12.14 Minimum Standards for Catered Services

Minimum Standards for Catered Services are as follows:

The use of table linen service for all appropriate functions and/or other appropriate events.

The availability of Dining Service staff throughout the entire catered events.

The complete preparation of all foods, beverages, etc., by on site Dining Service staff at the University. This may include the frequent use and temporary employment of specially trained consultants, chefs, and/or other fine dining service professionals.

Pepsi-Cola and Coca-Cola products will be available at the same price at all times for all catering events.

The use of University approved uniformed wait staff with levels of service staff agreed to prior to the events.

The use of University china, flatware, glassware, and the onsite sanitation of such. China, flatware, and glassware will always be used in Cartwright Center, the new student center, Cleary Center, Hall of Nations

(Centennial), and Graff Main Hall. Recyclable paper products may be used at the discretion of the customer.

Ample waste/garbage/recycling/compost receptacles shall be provided by the Contractor at each event.

The implementation and use of effective records, promotional materials, photos, etc. when encouraged by the University.

Event sponsors are responsible for additional costs incurred as a result of special requests (i.e., picnic tables, etc.)

No service fees will be charged for catering orders in Whitney Center, Cartwright Center, the new student center, Cleary Center, and the Hall of Nations or when orders are picked up by the customer.

Appropriate training for all catering staff, including student staff, prior to being assigned to any catering service.

All catered events will provide food for 5% over the guaranteed number.

4.12.12.15 Meal Plans

The objectives for meal plans at UW-La Crosse are:

To provide nutritious meals with high levels of satisfaction

To provide flexibility in terms of where students may eat on campus

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RFP PS-15-2496

To insure that all students have access to dining at a reasonable cost.

Specifications include:

Plan holders may add campus cash, block meals, and/or dining dollars to their dining plan at any time.

Block meals can be used any day/time in the Whitney Center, Cartwright Center, and the new student center dining areas. Block meals may not be used for Convenience Store type items except during the final two weeks of the semester (including finals week). Block plan equivalencies must be approved by the

University.

After the initial purchase of block meals, additional meals may be purchased in blocks of 10 meals.

Campus Cash: Can be used any day/time in Whitney Center or Cartwright Center dining areas, as well as

Cyber Café in Cartwright Center, Murphy’s Mug in Murphy Library, and non-food locations on campus, including the University bookstore, laundry, select copy machines, and vending machines. (Note: Campus

Cash balances remain on account until the end of the academic year in which they are purchased.).

Dining Dollars may only be used in dining locations and Convenience Store locations on campus.

One dining location shall be open until 12:00 midnight, Sunday through Wednesday, and until 1:00 a.m.,

Thursday through Saturday. Additional venues for late-night service will be developed for the new student center.

The main dining area in Whitney Center will provide continuous dining and will not close for transitions to the next meal. The contractor shall offer continuous service between the first and last meals offered each day. Breakfast will begin at 7:00 a.m. The items offered throughout the day will be mutually agreed upon by the Contractor and the Campus Contractor Administrator. The Contractor shall offer dinner at Whitney

Center until 8:00 p.m. Sunday through Saturday.

Meal Plan Options include:

Meal Plan A: All Access/All Meal Plan: Allows access to Whitney Center main Dining Room for unlimited meals; provides two meals per day at the Sub Shoppe/Grab & Go/Flying Star. Access to other dining facilities is provided through Dining Dollars or Block Meals. o Days of Service for Semester I: 106.85. o Days of Service for Semester II: 99.5

Meal Plan B: Traditional 14 Meal Plan: Allows access to Whitney Center dining facilities for 14 meals per week, of which two meals per day may be eaten at the Sub Shoppe/Grab & Go/Flying Star. Access to other dining Facilities is provided through Dining Dollars. o Days of Service for Semester I: 106.85.

Days of Service for Semester II: 99.5

Block Plan: Provides Block Meals for students living in Reuter Hall and off-campus students. Allows access to all campus dining facilities. Number of Blocks per Semester: 60. o Days of Service for Semester I: 106.85. o Days of Service for Semester II: 99.5

4.12.12.16 Discounted Meals

The rate for the Parents/Family/Guests during Fall Move-In meal will be $5.50 (tax included). This may be escalated annually based on the Consumer Price Index.

The University will host special luncheons for the campus community to include an opening fall picnic,

Thanksgiving/Harvest luncheon, and holiday luncheon. The menu will be developed with the University and will not exceed $8.50 per meal. These luncheons are not commissionable and are provided in an effort to create community on campus.

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RFP PS-15-2496

4.12.12.17 Serving Days

The number of serving days each academic period shall be determined by the University. The contractor's board rate charge per serving day shall not be adjusted as a result of changes in the number of serving days each academic year. Prior to the start of each academic period, the University shall provide the contractor with a schedule which identifies the number of full and partial serving days for each period.

The Contractor will provide continuous service throughout the year whenever the University is open, including intersessions and non-class days. Students may redeem block meals and campus cash during these times; therefore, meal selections will be based on comparable academic year block meal plan options. At least one dining location shall provide a hot entrée, a side option, soup, salad, sandwich, and a beverage. A vegan/vegetarian option will also be available.

4.12.12.18 Recycling

The University shall pay for the off-premises removal of materials to be recycled except for cooking oil and grease and compostable food wastes. The contractor shall be responsible for sorting of recyclable materials at all food service locations and for transfer to collection points as directed by the University.

The contractor shall provide options for use of recyclable and/or biodegradable "disposable" ware. Styrofoam products of any kind will not be acceptable.

4.13 Personnel, Management and Staff (100 points)

4.13.1 Personnel/Staffing Plan

4.13.1.1 Corporate Structure

Describe your regional and corporate support structure and any special resources available to the account management team. Provide an organizational chart.

4.13.1.2 Management Team

Describe the proposed account management team, appointment period for each position, where they would be stationed, and qualifications. Include your recruitment plans for hiring a diverse workforce, as well as your minimums for each position with regard to education level, work experience, marketing skills, communication skills, customer service training/ skills, and employee training skills. Please address qualifications for all managerial positions.

4.13.1.3 Management Salaries

Provide salary ranges for the management positions you intend to have on campus.

4.13.1.4 Employee Retention Program

Describe your employee retention program and corporate training/educational opportunities available for managers.

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4.13.1.5 Division of Responsibility

Provide a division of responsibility for the campus dining service director’s freedom/authority to make operational and financial decisions at the campus level.

4.13.1.6 Staffing Plan Overview

Provide an overview of your plan to adequately staff the UW-La Crosse account. Include all management positions, administrative support positions, and non-management positions (including student employees) for all operations.

4.13.1.7 Student Employment Program

Describe your student help employee plan. Include salary structure, plans for pay increases and methods used to insure that the salaries remain competitive with salaries at the University and with other local food establishments. Include your process for scheduling students to work within their class schedules (See Appendix II for List of Class Times and University Centers Student Wage Plan).

4.13.1.8 Student Manager Program

Describe your student manager program, along with any internship programs you plan to offer at/with UW-La

Crosse.

4.13.1.9 Temporary Help Plan

Describe your plans for temporary help when students are not available to fill positions or cover specific time periods, typically during start up time periods.

4.13.1.10 Special Events Staffing Plan

Describe your plans for staffing special functions such as Board of Regent meetings, Commencement, Governor’s visits, large conferences, etc.

4.13.1.11 Employee Training Programs

Describe employee training programs, including orientation, food handling, preparation, and presentation, sanitation, safety, nutrition, customer service needs, equipment use, diversity and sensitivity training or others you intend to implement along with your timeline.

4.13.1.12 Employees with Special Needs

Describe your program for working with employees with special needs and job training.

4.13.1.13 Administrative Accounting Support

Describe the on-campus administrative accounting support for billings, Campus Cash, and Dining Dollars reconciliation and financial accountability.

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4.13.1.14 Housekeeping and Sanitation Program

Provide an outline of your daily housekeeping and sanitation program, including recycling efforts and sustainability; include a plan for implementation and designation for which dining service manager will be responsible for this program.

4.13.1.15 Benefit Plan

Describe your current benefit plan for non-management, full-time staff members.

4.13.1.16 Labor and Supplies

The contractor shall furnish all commodities, supplies, and equipment herein specified and all management and labor necessary for the efficient, sanitary and economically sound operation for the specified services included in this contract, subsequent extensions and amendments. Any profit or loss from Dining Services resulting from this proposal after direct costs, contractor’s management and administrative fees and commissions/guarantee payments to the University shall remain with the contractor.

4.13.1.17 Permits, Licenses and Taxes

The contractor shall be financially responsible for obtaining all required permits, licenses and bonding to comply with pertinent Board of Regents, University of Wisconsin System regulations and municipal, county, state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales, property and beverages.

4.13.2 Management Staffing

The minimum management/chef functions to be performed at this account are as follows:

Dining Service Director

WC Board Operations Manager

Assistant Board Operations Manager

Marketing Manager

Catering Manager

Dietician

Retail Operations Manager

Office Manager

Executive Chefs o One at Whitney Center o One at Cartwright Center/New Student Center

*One management position must be designated as responsible for supervision of all sanitation and requirements.

*One management position must be designated as responsible for training and oversight of the POS/CBORD/

MICROS system.

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4.14 Financial Investment (25 points)

The proposer must complete the Financial Investment Proposal in Section C. This form must be submitted with the proposal in a separate sealed envelope. (50 points)

4.15 Glossary of Terms

Any proposal submitted should provide a glossary of all abbreviations, acronyms, and technical terms used to describe the services or products proposed. This glossary should be provided even if these terms are described or defined at their first use in the proposal response.

5 Proposal Selection and Award

5.1 Preliminary Evaluation and Review of Mandatory Qualifications

The proposals will first be reviewed to determine if required information and mandatory qualifications are met.

Failure to meet mandatory qualifications will result in rejection of the Proposal. In the event that all vendors do not meet one or more of the mandatory qualifications, the University reserves the right to continue the review of the proposals and to select the proposal that most closely meets the requirements specified in this proposal.

Each proposal shall be evaluated first on whether required mandatory qualification criteria are met on a pass/fail basis.

The qualifications criteria which the proposer must meet to be considered for an award are:

All proposers will at a minimum be required to meet all of the mandatory qualifications noted in Section A item 4

Numbers 4.9) and meet the guidelines and requirements noted in Section D, Attachment No. 1 through 19. The proposer will also be required to submit written response to Section A, Item No. 4 (4.1 through 4.15. in entirety), complete Section C - Cost Proposal and Section C Financial Investment and respond to and submit all required attachments within Section D. Once minimum requirements are met, accepted Proposals will be reviewed against the stated criteria.

5.2 Evaluation Committee

All accepted proposals shall be evaluated by an evaluation team. Evaluation and selection of the contractor/contractors shall be based on the information submitted in the proposals. The team may review references, require oral presentations and conduct on-site visits to proposer accounts and use the results in scoring the proposals. Proposals from certified Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.5 to provide up to a five percent (5%) preference to these businesses. The evaluation committee’s scoring will be tabulated and proposals ranked based on the numerical scores received. A proposer may not contact any member of a review committee except at the University’s direction.

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5.3 Right to Reject, Waive and Negotiate Proposal

The University reserves the right to accept or reject any and all proposals. The University reserves the right to waive information in the proposals and/or negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the University may negotiate a contract with the next highest scoring proposer.

5.4 Review Criteria

Evaluation and selection of a proposal will be based on the assignment of points to Requirements and Desired and

Value Added items by the evaluation committee which is then combined with Cost Proposal points for a final score by each UW Campus. (See Point Matrix below.)

5.4.1 Point Matrix

225 - Cost Proposal

650 - Technical Service Program Specifications and Requirements

100 - Personnel, Management and Staff

25 -Financial Investment

1,000 - Total Possible Points

5.4.2 Scoring Matrix

Scoring Matrix

Cost Proposal

Technical Service Programs, Specifications and Requirements

Personnel, Management and Staff

Financial Investment

MAXIMUM TOTAL SCORE

5.4.3 Cost Proposal

Min/Max Score

225 points

650 points

100 points

25 points

1,000 points

Cost-Residence (Board) program rates less guarantee (200 maximum points)

To determine the points to be awarded for fixed board and meal rate and guarantee, the following formula is used:

Lowest total financial costs (constant)

(Board rate and meal rate costs less annual guarantee)

____________________________________________

Other proposals (varies according to firm being scored

The lowest cost proposal(s) shall receive 200 points.

X 200 = score

Calculation of points awarded to subsequent firms will use the lowest costs proposed as a constant numerator and the total dollar amount of the firm being scored as the denominator. (This result will always be less than one). The result is then multiplied by 200 to total for the final cost score.

Note: The lowest cost proposer will not necessarily be awarded the contract.

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5.4.4 Technical Service Program, Specifications and Requirements

Technical Service Programs, Specifications and Requirements shall be scored 0 to 500 points by evaluation team.

5.4.5 Personnel, Management and Staff

Personnel, Management and Staff shall be scored 0 to 250 points by evaluation team.

5.4.6 Financial Investment

To determine the points to be awarded for Financial Investment (50 points) the following formula is used:

Other proposals (varies according to firm being scored) X 50 = score

Greatest total financial investment (constant)

The greatest investment shall score100 points .

5.5 Oral Presentation

The highest scoring proposers may be required to make oral presentations to clarify their proposals. In conducting these discussions, there shall be no disclosure of any information obtained from any competing proposer. These presentations may be scheduled and held after receipt and evaluation of the proposals to provide an opportunity for the proposer to supplement and/or clarify the proposal for the evaluation team. Should a proposer refuse to honor the request for oral presentation or complete an oral presentation before the date established in the calendar of events of this RFP, it may result in disqualification. Since oral presentations may not be requested, each proposer should make this written proposal concise and complete.

5.6 Award/ Best and Final Offer

The University will compile the final scores (technical and cost) for each proposal. The award will be granted in one of two ways. The award maybe granted to the highest scoring responsive and responsible proposer.

Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers. If final and best offers are requested by the University and submitted by the vendor, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. The award then will be granted to the highest scoring proposer. However, a proposer should not expect that the University will request a final and best offer.

5.7 Notification of Intent to award Contract

All Vendors who responded to this Request For Proposal (RFP) will be notified in writing of the University’s intent to award the contract(s) as a result of this RFP.

After notification of the intent to award is made, and under the supervision of University staff, copies of proposals will be available for public inspection from 8:00 a.m. to 4:30 p.m. at 780 Regent Street, Suite 105, Madison, WI

53715. Vendors should schedule reviews with Paul D. Schlough, Procurement Specialist Senior at 608-265-0557.

5.8 Executed Contract to Constitute Entire Agreement

In the event of contract award, the contents of this PROPOSAL (including all attachments), PROPOSAL addenda and revisions, the proposal of the successful proposer, and additional terms agreed to, in writing, by the agency and the contractor shall become part of the contract. Failure of the successful Proposer to accept these as a contractual agreement may result in a cancellation of award. (See Section B, Item No. 17)

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5.9 Appeal Process

Notices of intent to protest and protests must be made in writing to the head procuring agency. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin administrative Code provisions that are alleged to have been violated.

Any appeal of the University’s award must be made no later than five (5) working days after system Office of

Procurement issues the intent to award notice. Written notice of appeal must be filed with the President of the

University System in care of:

Rich Lampe

Director, System Office of Procurement

University of Wisconsin system Administration

780 Regent Street

Madison, WI 53715

A complete written appeal must be received by the Director, system Office of Procurement, no later than five (5) working days after the award notice is issued.

Any written protest must be received within ten (10) working days after the notice of intent to award is issued.

The decision of the head of the procuring agency may be appealed to the Secretary of the Department of

Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency.

The appeal must allege a violation of a Wisconsin statute or a section of the Wisconsin Administrative Code.

Section B

1 Parties to the Contract

This agreement, hereinafter referred to as “the Contract”, shall be between the State of Wisconsin and Board of

Regents of the University of Wisconsin System on behalf of the University of Wisconsin-La Crosse, hereinafter referred to as the “University”, and the successful proposer, hereinafter referred to as the “Contractor”, for the privilege of the Contractor to provide Dining Services to the University of Wisconsin-La Crosse according to the terms set forth in this contract. The Director of the Union and/or designee, shall be the representative of the

University responsible for the administration of the contract and referred to herein as “the appropriate campus authority” or “campus contract administrator”.

2 Applicable Law

This contract shall be governed and interpreted under the laws of the State of Wisconsin. The Contractor shall at all times comply with and observe all federal, and local laws, ordinances and regulations in effect during the period of this contract which affect the work or its conduct.

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3 Term of the Contract

It is the intent of the University to start the resulting contract on the date specified in this document through May

31, 2016 with six (6) automatic one year renewal options. This contract shall automatically be extended each year from the initial year unless UW System Administration Procurement is notified in writing by the Contractor; or notifies the Contractor in writing, 120 calendar days prior to expiration of the initial and/or succeeding contract terms.

4 Excused Performance

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this contract may be extended for a period of time equal to the time that such default in performance is excused.

In the event the campus is forced to close and/or cancel classes during the regular academic year due to weather related or other circumstances, the Contractor is to provide limited meal plan and cash related services for each meal period, as determined by the Campus Contract Administrator.

5 Disclosure

If a public official as defined in section 19.42 Wisconsin Statutes, or an organization in which a State public official holds at least 10% interest, is a party to this proposal, the contract is voidable by the University unless appropriate written disclosure is made to the State of Wisconsin Ethics Board, 125 south Webster Street, Madison, WI 53703.

6 Minority Business

The University of Wisconsin is committed to the promotion of minority business in the state’s purchasing program.

With this procurement a successful Contractor is encouraged to purchase services and supplies from minority businesses certified by the Wisconsin Department, Bureau of Minority business Development. The UW Purchasing unit shall require from the successful Contractor a quarterly report of purchases of such supplies and services necessary for the implementation of the contract. A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of Minority Business

Program, (608) 267-7806.

The University requests the cooperation of the Contractor in reporting on a regular basis all purchases of services or commodities from certified minority businesses used in the performance of this contract. This report shall be submitted to the University Procurement office on an annual basis.

7 Incorporation of Documents

The University of Wisconsin-La Crosse Request for Proposal (RFP) to Submit Proposal, the proposer responses, written communications and this Agreement constitutes the entire agreement between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. This Agreement

B. Proposal No. PS-15-2496

C. Response received

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D. Written communication starting January 8, 2015

Any conflict of terms shall be governed by the highest listed document.

8 News Releases

News releases pertaining to this contract or any part of proposal No. PS-15-2496 shall not be made without the prior written approval of the University.

9 Employment

The Contractor will not engage the services of any person or persons now employed by the State, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employer of such person or persons and of the agency.

10 Insurance Requirements

The Contractor shall bear full and complete responsibility for all risk of damage or loss of equipment, products or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred related to this contract.

COVERAGE AND MINIMUM LIMITS.

Coverage Minimum Limits

Worker’s Compensation (WC)

Statutory Employer’s Liability $100,000/500,000/100,000

Coverage (B)

Commercial General Liability (CGL)

General Aggregate incl. Prdt/co

Each Occurrence

Automobile Liability (including hired & non-owned)

Combined Single Limit

Additional Insured Provision

$2,000,000

$1,000,000

$1,000,000

The Contractor shall add the Board of Regents of the University of Wisconsin System, its officers, agents and employees as an additional insured under the commercial general and automobile liability policies, for purpose of this contract.

10.1 Remodeling or Renovation

The above insurances are required to be in effect during the course of any remodeling, renovation or construction done by or at the direction of the contractor.

10.2 Certificate of Insurance Requirements

Upon notification of award and prior to issuance with the required coverage and limits of insurance issued by an insurance company that has an AM Best rating of A-licensed to do business in the State of Wisconsin and signed by an authorized agent.

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RFP PS-15-2496

Certificate of Insurance

The Contractor awarded the business of Janitorial and Grounds Keeping Services will be required to submit to the

University of Wisconsin System Administration Office of Procurement a Certificate of Insurance that includes the following components:

The insurance coverage limits required in Section B item 9 of this RFP Document.

The University of Wisconsin System location/Institution listed on the Certificate of Insurance.

The Contract Number (PS-15-2496) listed on the Certificate of Insurance.

Additional Insured Provision Requirement (as documented in Section B item 9) must be named on the

Certificate of Insurance.

Certificate of Insurance must be current and on file with the University Of Wisconsin System

Administration Office Of Procurement at all times during the life of the contract agreement.

Any Certificate of Insurance received missing the above named components will place the contract in breach and subject for termination.

10.3 Commercial General Liability

Commercial General Liability includes, but is not limited to: consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The Contractor shall bear the full and complete responsibility for all risk of loss of premises, or damage to equipment, products or money resulting from any cause including that of sub-contractors and shall not penalize the University for any losses incurred related to this contract.

10.4 Covenant Requiring Notice

These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University of

Wisconsin system administration Procurement Office, 780 Regent Street, Madison, WI 53715 before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be extended by the contractor for each subsequent renewal period of the contract. The

Contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

10.5 Evidence of New Insurance

In the event of non-renewal, cancellation or expiration of insurance, the Contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University’s receipt of the sixty (60) day notice. In the event the Contractor fails to maintain and keep force the insurance herein required, the University shall have the right to cancel and terminate without notice.

10.6 University Right to Cancel Contract

In the event the Contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The Contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage needs are revised.

10.6.1 Cancellation by University

The University may cancel this contract for breach, as determined by the University, as a result of Contractor’s failure to comply with the terms and conditions of the contract. This may include any cessation or diminution of service including but not limited to failure to maintain adequate personnel, whether arising from labor disputes, or otherwise any substantial change in ownership or proprietorship of the Contractor which in the opinion of the

University is not in its best interest.

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10.6.2 Written Notice

The University shall provide ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, the University may cancel the contract by giving a sixty (60) day notice in writing by registered or certified mail of its intention to cancel this contract.

10.6.3 Cancellation by Contractor

Should the University breach any terms or provisions of this contract, the Contractor shall serve written notice on the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten

(10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the Contractor may cancel the contract by giving a sixty (60) day notice, in writing, by registered or certified mail of its intention to cancel this contract.

10.6.4 Termination by Either Party

The contract may be terminated by either party on the anniversary of the effective date in any subsequent year of the contract, if either party provides the other party with written notice one hundred and eighty (180) days prior to such anniversary date.

11 Performance Bond/Irrevocable Letter of Credit

The successful Proposer, hereafter referred to as “Contractor”, shall be required to furnish a performance bond in the amount of one million dollars ($1,000,000). Such bond must be furnished upon notification by the University of Wisconsin System Administration Office of Procurement, and prior to contract award.

In lieu of the performance bond, the Contractor may provide an irrevocable letter of credit naming the University as beneficiary. The irrevocable letter of credit shall be in the amount specified for the performance bond and the format content required by the University. The performance bond or irrevocable letter of credit shall be furnished by a company licensed to do business in the State of Wisconsin.

The performance bond or irrevocable letter of credit shall be for the entire contract period. If an irrevocable letter of credit is used, the period shall extend one month beyond the contract expiration date. The performance bond or letter of credit shall provide that in the event of non-renewal, the Procurement Services Office, and the

Contractor be notified in writing by the issuer a minimum of sixty (60) days prior to the anniversary of the effective date of the contract.

In the event of non-renewal, the Contractor shall provide the University evidence of the new source of surety within twenty-one (21) calendar days after the University’s receipt of the non-renewal notice. Failure to maintain the required surety in force may be cause for contract termination.

Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of award may result in cancellation of contract award.

12 Promotional Materials

Except as otherwise provided herein, the Contractor agrees not to use promotional or marketing material which state expressly or by fair implication that the University endorses either the contractor or any sponsor of such material. Equipment bearing University of Wisconsin-La Crosse marks, logos or other indicia of University of

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RFP PS-15-2496

Wisconsin-La Crosse must be purchased form University of Wisconsin-La Crosse licensees and be used in accordance with University of Wisconsin-La Crosse policy.

13 Contractor Agrees to Indemnify and Hold Harmless

The Contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin

System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses

(thereinafter collectively referred to as “claims”) occurring in connection with or in any incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or other fault of the Contractor, it’s agents, employees, subcontractors or contractors.

14 Nondiscrimination and Affirmative Action

Failure to comply with the conditions of this clause may result in the Contractor becoming declared an “ineligible”

Contractor, termination of the contract or withholding of payment.

In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wis. Stats., sexual orientation or national origin. This provision shall include, but not be limited to, the following employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities.

The Contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin nondiscrimination clause.

Failure to comply with the conditions of this clause may result in termination of the contract.

To the extent required by law, 41 CFR 60-1/4 (a) and (b) are incorporated by reference in this contract.

Additionally, contractor certifies that the contractor complies with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. Contractor further agrees that he or she will obtain identical certification from any subcontractors.

15 Safety

All material, equipment and supplies provided to the University must comply fully with all safety requirements set forth by the Wisconsin Administrative code, the rules of the Industrial Commission on safety and all applicable

OSHA Standards.

16 General and Technical Requirements

The Contractor shall provide the services described in the Proposal and Contractor’s response to the Proposal.

Contractor shall furnish all Supplies, equipment, management and labor necessary to carry out the terms and conditions described herein.

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RFP PS-15-2496

16.1 Relative Service Items

The Contractor agrees that items relative to obtaining Dining Services not covered herein may be added by the

University to this Contract without voiding provisions of the existing Contract. Additional services shall be furnished to the University by the Contractor with additional considerations.

16.2 Service Exclusivity

It is the intent of the University to acquire the Dining Services exclusively from the Contractor. Dining Services shall include the exclusive operation by the Contractor of all snack bars, ice cream and sweet shops, resident dining cafeterias, catering services, coffee shop, conference service facilities, delicatessens, restaurants, convenience stores, malt liquor and alcoholic beverage service, and products typically sold in these operations.

Exclusive operation and sales does not include vending machine sales, concessions for athletic and sports club events, and other events approved by the university, such as blood drives and receptions, gallery openings or theatre productions. In addition, facilities excluded from this contract are:

The stadium and Mitchell Hall for concessions (Note that catering in the stadium and Mitchell Hall is not excluded from this contract.);

Cleary and Alumni Center (for Foundation events only) and the Health Science Center for catered events;

Center for the Arts for Art Gallery events and theater concessions.

New student center concession area is excluded from this contract. This area will be staffed by students and student organizations.

Residence Life staff are allowed the following exemptions from the contract:

Move-in Days: One in-hall meal per semester per hall;

Move-in Days: One meal for International students per semester;

Move-in: Breakfasts purchased for resident assistants and move-in crew;

Move-out: Meals required when staff are required to staff residence halls after dining service closes (usually two days);

University break periods, when staff are required to staff residence halls and dining service is not open (purchases from local grocery store);

Summer picnics;

Staff training meals;

Programming food from local grocery store (no meals; purchases under $100);

State track meet when students are unable to leave the hall.

All of these meals need comply with the UW- La Crosse food guidelines.

Departments may sponsor potlucks on campus for their members and select invitees with the following conditions:

The participants should consist of staff from within the hosting department and their select guests;

The activity should be contained within the hosting office’s space;

No outside catering or group-purchase food (pizza, subs, etc.) is allowed;

Health and safety concerns are self-regulated. Coordinators shall consult USDA food and safety guidelines and follow the procedures listed in the “Fight Bac” brochure, which can be found at: http://www.fightbac.org/storage/documents/flyers/fightbac_color_brochure.pdf

.

Farmer’s markets will be held on campus.

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RFP PS-15-2496

It is the intent of the University to acquire dining services exclusively from the Contractor. Dining Services shall include the exclusive operation by the contractor of r e s i d e n t dining facilities, retail food operations, catering, malt liquor and alcoholic beverage services and products typically sold in these operations.

Resident dining (board) services shall be that portion of the Dining Services provided for contracted boarding students and guests. The retail program shall be that portion of the University Centers dining services provided for all others on a cash, point or charge basis in designated food service areas and other such service areas as mutually agreed by the University and Contractor.

The University may supplement Dining Services covered in this contract with other means of dispensing food and beverage items elsewhere on campus with additional manual or vending food service contracts and agreements as determined by the University. The University and Contractor shall enforce existing policies relative to individuals or groups providing food, beverages and related services in facilities of the University.

16.2.1 Self-Catering

Recognized student organizations and university departments will be allowed self-cater an event by providing food and non-alcoholic beverages in connection with authorized meetings and events held in C a r t w r i g h t c e n t e r a n d t h e n e w s t u d e n t c e n t e r . These food/beverage packages shall:

Not exceed one hundred dollars ($100.00) in total value per event. A receipt must be provided to support the expenditures.

Cannot constitute a meal; no pizza, hot dogs, or submarine sandwiches.

Cannot require heating or refrigeration to remain safe for consumption.

Can include home-made cakes, cookies, bars, chips, pretzels, soda, etc.

A self-catering format cannot occur with a full-service catering request.

16.3 Service Performance Expectation

The Contractor shall perform in such a way as to contribute to the prestige of the University by providing the campus with a business operation on a par with its academic excellence. Successful food operations must gradually evolve (and not remain static) in order to continue to be successful. As a result, receptivity to new ideas should be demonstrated by the Contractor's staff. Food service managers shall be alert to changing food service trends, new market forms of food, and changing diet patterns being evolved throughout the food service industry. A successful food operation will be in partnership with the University in which all program changes are provided and discussed with the Campus Contract Administrator. The Contractor with input from the University shall continually initiate ideas for varied methods of food service merchandising, public relations, promotion and menu presentations in all operations to increase usage, improve service, and maximize potential revenues.

The contractor shall regularly employ advertising and promotional efforts to further the visibility and image of the food services. All advertising and promotional efforts shall be approved by the University prior to implementation, and shall be limited to campus media intended for the students, staff, guests and faculty of the University. The University shall approve in writing all design, advertising, and/or lettering of textile, polystyrene or paper goods, such as paper cups, plates, napkins, prepackaged condiments, matches, menus, and similar items prior to purchase of items by the Contractor. The Contractor shall use recyclable or compostable packing materials, cups, sick tray containers, plates, and similar items as much as possible. It shall be expressly

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RFP PS-15-2496 understood that the facilities are an incidental part of the educational function of the University, not intended for use by the general public. It shall be expressly understood that the facilities are controlled by the University.

The University shall cooperate with the Contractor in promoting its services and products to the fullest extent to attract students, staff, guests and faculty to enjoy and fully utilize the facilities. The Contractor, with assistance from the University, shall implement, merchandise, and promote new services and product variations in a manner typical of successful commercial operations. Advertising and promotional techniques employed shall include the usage of all appropriate campus information conveying systems. For example the

Contractor shall:

Advertise regularly in the campus newspaper.

Maintain a web site with daily menus

Maintain a Facebook page and utilize other social media

Make regular use of flyers/posters

Make regular use of point of purchase displays and digital signs are encouraged. Menus in Residence

Dining shall be posted in each dining hall lobby and sent to Residence Life staff for communication with hall residents.

Advertise in various University community newsletters (of a residential, ethnic, or other interest group) should be employed as appropriate, when attempting to reach a particular target group.

Provide annually a catering expo for primary catering customers and a student organizations resource fair for students who use catering services.

The Contractor shall provide up to five complimentary meal tickets for site inspections for camps and conferences sponsored through Continuing Education.

16.4 Business Review

Recognizing that the successful performance of this contract is dependent on favorable response from the users, the

Contractor shall meet regularly with the Campus Contract Administrator; Dining Committee and other authorized student committees to receive input from students and Student Organizations to adapt operations to meet student needs.

The Contractor’s senior director residing on campus shall meet with these customers at least once per semester.

Contractor shall cooperate at all times to maintain maximum efficiency and good public relations with students, faculty and Contractors.

Recognizing that successful performance of this Contract is dependent on favorable response from the users, the

Contractor shall meet at least monthly with the Contract Administrator and/or authorized student committees to effect adjustments in operations and shall cooperate at all times to maintain maximum efficiency and good public relations with students, faculty and staff. After the initial contract year, the parties may upon mutual agreement adjust the specific terms of this contract where circumstances beyond the control of either party require adjustments. All adjustments shall be proposed in writing by the University to System Administration Office of

Procurement for approval prior to becoming effective. All required contract amendment(s) shall be issued by the

System Administration Office of Procurement.

Authorized administrators of the University and student committees shall meet monthly with the

Contractor's Director of Food Service to evaluate food service, focusing on documented feedback from students, faculty, staff, guests and indu stry information which could result in needed changes or improvements. Expenses for activities of food committees shall be shared equally by the University and contractor as mutually agreed. Activities include a meal before each meeting, comparative dining service shopping in the community, and a trip to other campuses each semester to compare dining service practices. A representative of the Contractor management shall be included in the group that tours other campuses. All travel expenses shall be in compliance with State regulations and University policy

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RFP PS-15-2496 regarding travel reimbursement.

16.4.1 Additions to the Contract

It is specifically understood and agreed that such items relative to Dining Services which are not herein covered may be added to this RFP and resulting contract by the University without voiding in any manner the provisions of the existing contract. Such additional items shall be furnished the University by the Contractor with such additional consideration as is necessary to make it legally enforceable.

16.4.2 Locations of Operation

The terms and obligations of this contract shall be applicable to Dining Services operated in various and separate locations of the University, including those locations leased by the University to tenants in which the specified service shall be required. Lessors of space to the University may reserve the right to determine the extent that the specified service shall be provided under this contract on their premises.

16.4.3 Expectations

Upon approval of the Director of University Centers, recognized University organizations shall be permitted to sell food and beverages on campus in connection with authorized University events such as bake sales.

The Contractor shall provide a web site with menu of the day information as well as telephone service which gives the soups, entrees, and daily specials for the units.

At all locations, students/customers may customize orders for sandwiches, burgers, etc., (ex., no pickles, no onions, no cheese, no gluten, etc.).

The Contractor shall provide whole meats at each lunch and dinner meal, one of which must be chicken breast or a chicken product at each meal. All whole meats must be approved by the Campus Contract Administrator.

To facilitate cooperation, the University and/or its designated representatives shall meet with the Contractor prior to the start of each semester to plan for programming in dining service and dining service related areas. The

University and dining service Contractor will jointly fund programming in the Cellar, Cartwright Center, and in the entertainment café of the new student center. The programming is designed to bring people into the facility. The

Campus Activities Board will sponsor and coordinate the programs. The University and the dining Contractor shall each contribute $6,000 annually for programming within the Cellar facility. The University will issue an invoice for payment of $3,000 by September 1 and $3,000 by January 1. Once the program goals are approved by the

University and the Contractor, the responsibility for implementation of the programs shall be carried out by the

University designated representatives.

The Contractor will provide $5,000 annually to assist campus organizations in providing catering assistance.

Designated University representatives will meet with the Contractor throughout each semester to address requests for dining service assistance from campus organizations. Upon approval, organization representatives will meet with the Contractor to carry out the request.

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RFP PS-15-2496

16.5 Determination of Customer Preference

The Contractor shall provide methods of determining customer preference of dining services. The Contractor shall be alert to changing Dining Service and food service trends and new industry standards. As a result, the

Contractor shall be expected to initiate ideas for varied methods of Dining Services and by mutual agreement implement these variations within the conditions of this contract.

16.6 Required Permits & Licensing Responsibility

The Contractor shall be financially responsible for obtaining all required permits, licenses (including parking) and bonds to comply with pertinent board of Regents, University of Wisconsin System regulations, and municipal, county, state and federal laws and shall assume liability for all applicable taxes including but not restricted to sales and property.

The Contractor shall furnish all supplies, equipment, management and labor necessary for the efficient operation of the specified services included in this contract, subsequent extensions and amendments.

16.7 Occupation of Premises

The Contractor shall occupy and use the premises, as defined by the University, only for Dining Services. The

University shall not guarantee an uninterrupted supply of electricity or heat. The University shall be diligent in reporting service following an interruption. The University shall not be liable for any loss that may result from the interruption or failure of any such utility services.

16.8 Regulation of Method of Service

The University shall have the right to make reasonable regulations on the method of service, operation hours, safety, sanitation, maintenance and use of cleaning equipment and products by Dining Services and the Contractor agrees to comply with such regulations. Authorized representatives of the University shall have the full right of access to all Dining Services Areas at any and all times during the Dining Services Operation.

16.9 Hours of Operation

The contractor shall comply with the schedule of service submitted in the proposal (See Appendix II). All changes shall be arrived at by mutual agreement.

The University requires that at least the coffee shop operation be open for service during all regular building hours throughout the year, with at least a 7:30 a.m. start time Monday through Friday. The all-you-can-eat dinner service should be available until at least 8:00 p.m. Sunday through Saturday during the academic year.

16.10 Parking Fees

If parking is required, contract employee parking fees shall be paid directly to the University by the employee or Contractor and shall not be expensed to the Dining Service operations. The parking fee is estimated at

$200 for the year, unreserved, and is subject to change by the University.

16.11 Renovation and Related Equipment

The University maintains a reserve plan for anticipated major and minor projects for remodeling, refurbishing and infrastructure improvements. Annual budget also contain amounts for some capital equipment replacement

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RFP PS-15-2496 for dining service areas. The successful Contractor will be expected to participate with the University annually in the preparation and implementation of budgets in the area of capital projects and capital equipment replacement.

The University intends to take care of initial infrastructure concerns and expects the Contractor to cover specialty capital equipment needed to setup operations. The remainder of this section prescribes the manner in which the facility improvements will be completed.

A plan and time-frame will be developed based on the proposal of the contractor and the University at the beginning of the contract for improvements agreed upon.

16.11.1 Premises Improvements

The contractor shall begin preparation of proposed improvements to the premises required for the food service concepts under the contract immediately after contract award. Such improvements may include alterations, installation of equipment, decor changes, security improvements and other improvements to the premises. All

plans and specifications for the improvements must be approved by the University prior to commencement of improvements.

16.11.2 Alterations to Premises

All additions, alterations or improvement shall be made in good, professional manner, in accordance with

University/State approved plans and specifications and in compliance with all applicable statutes, ordinances, rules and regulations.

The University and the Dining Services Contractor awarded the contract shall mutually agree on a schedule for any demolition and renovation of the area(s) in consultation with the project coordinator and assigned architect, if any. Every effort shall be made to create a minimum disruption of service. University Dining

Service during any construction periods shall be provided by the Dining Services Contractor in mutually agreed alternate locations.

All improvements and related activities shall be made at the sole expense and risk of the Contractor, except that the University shall be responsible for any inspection and balancing of air-handling systems which may be required as the result of the Contractor’s improvements.

16.11.3 Supplies and Equipment

The contractor shall provide all supplies and equipment including, but not limited to, such items as hand tools, pots, pans, cafeteria trays (if needed), signage, facades and capital equipment, necessary for the proposed food service concepts.

16.11.4 Cost Estimates

Cost estimates shall include design specifications and a reasonable contingency. Investments for remodeling and equipment shall be within ten percent (10%) of actual costs. The Contractor shall be responsible for actual costs in excess of the investments and shall pay the University the full difference between that proposed and actual total costs, if less. A final project budget will be provided to the University when the project is completed.

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RFP PS-15-2496

16.11.5 Capital Improvements

The Contractor shall provide the University and System Procurement with copy of itemized invoice cost verification of each capital improvement and equipment expenditure intended to be amortized along with copy of the monthly amortization schedule.

The University shall verify completion of the capital improvements and equipment installation and shall conduct a joint physical inventory annually of the Contractor's equipment.

Amortization of the capital improvements, furnishings and equipment costs shall appear as a separate line item on the Contractor's monthly operating expense statements and shall not be a separate cost to the University.

16.11.6 Removal of Existing Equipment, Fixtures or Similar Items

The Contractor shall be responsible for all costs associated with the replacement, maintenance, and repair of all supplies and capital equipment for new build outs funded by the Contractor during the term of the contract or until the University retains ownership. The contractor shall be responsible for the expense of removing any existing equipment, fixtures, counters or similar items, as necessary to prepare the premises for improvements. No such items shall be removed, however, without prior approval by the University of the

Contractor’s Plan for any demolition or equipment removal. The University shall be responsible for the disposition, removal and storage of any University property located on the premises.

16.11.7 Capital Equipment and Improvement Amortization

Upon full amortization of the capital equipment and improvements provided by the Contractor, the University shall become the owner of all such capital equipment and improvements. Amortization shall be based upon the time left between the anticipated end of the contract and the date of completion and installation of all capital improvements and equipment. At the end of each year of the contract, a percentage of the value of the total capital improvements and equipment for each project shall be deducted from the total expended until the end of the contract.

16.11.8 Capital Improvement on Early Termination

If the Contractor terminates the contract for reasons other than as set forth in Section 9.6.3, the University shall not be financially responsible for the costs of capital improvements and equipment. The University, at its option, may acquire selected equipment using the amortization schedule. The University shall automatically acquire ownership of the capital improvements and equipment.

In the event of termination of the contract by the University, for reasons outlined in Section 9.6.1, the University shall determine the capital equipment it will acquire from the Contractor using the amortization schedule to retire the balance of those items. The University shall automatically acquire ownership of all capital improvements.

16.11.9 Un-Amortized Capital Improvement on Early Termination

The University shall be responsible for the un-amortized portion of the total capital improvement (not capital equipment) if the contract is terminated by the Contractor for reasons set forth in Section B item 3 Contract

Term or Section A, item 1.9 Contract Term, or if the University terminates the contract for reasons other than set forth in Section in Section A item 1.9 or Section B, item 3. . In either case of contract termination, the

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RFP PS-15-2496

University shall have the option of acquiring the capital equipment using the amortization schedule to determine the cost to the University.

16.12 Sub-Contracts

The University requires prior approval of all sub-contract agreements associated with Dining Services the

Contractor intends to enter into on behalf of the University.

Each contract/agreement shall include specifications which accurately state the responsibilities of the subcontractor, services to be provided, prices and operational and financial terms, including discounts. Each agreement/contract shall contain a hold harmless provision holding the University harmless and sufficient liability insurance coverage to satisfy the requirements of the University System Risk Management.

The University shall be provided final copy of all resulting contracts/agreements and subsequent amendments by the Contractor for the files of UWSA Office of Procurement and the Campus Contract Administrator.

16.13 Prices and Portions

16.13.1 List of Menu Items

At the start of the contract, the Contractor shall provide a detailed listing of portions and prices of all menu items intended to be served, for prior approval by the University with informational copy to System

Procurement office. All portion and price change requests shall be submitted to the University in writing for approval prior to implementation with approved information copy to System Procurement office.

16.13.2 Price Adjustments

By April 15, 2016, and annually thereafter, the contractor may provide the University a selective listing of menu items which require consideration for retail dining price and/or portion adjustments. The contractor shall provide the University with data supporting the change being recommended. Specific item food cost changes and the Consumer Price Index may be used for sale price and/or portion size adjustments.

The University shall determine those price and/or portion changes approved.

16.13.3 Pricing Strategy Plans

The contractor shall develop pricing strategy plans that provide good price/value options for customers and shall eliminate or change products that are perceived as low value items. The Contractor will make every reasonable effort to provide price and portion options that meet the low budget needs of the campus community in both cash sales operations and catering. Good quality, affordable options must be available. Therefore, the

University is not requiring or expecting a major financial investment for facilities but is instead seeking the best pricing structure or return for customers.

Each retail unit on campus shall have the following guidelines for the menu mix: 40% low retail price, high value items, 40% medium retail price items and 20% premium retail price, high quality items.

By August 15 of each year, the Contractor shall provide sample menus in each of these categories for the retail and catering operations:

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RFP PS-15-2496

Low retail price, high value;

Medium retail price;

Premium retail price, high quality.

Each retail area shall advertise and market a variety of daily price specials for meal combinations and individual items. The University and Contractor shall mutually determine pricing strategies for all specials.

16.13.4 Retail Price Benchmarking

By April 15 of each year, the Contractor shall conduct an annual price benchmarking survey of mutually agreed upon high volume, common and comparable menu items in both retail restaurants and convenience stores. These prices will be benchmarked against local competitors.

16.14 Resident Dining (Board) Service

16.14.1 Dining Service Meals

All Residence Dining Service meals shall be cafeteria buffet or food court style with selfbussing of soiled dishes except for special occasions, to be worked out by mutual agreement with the University and Contractor. Display cooking and preparing food in front of the customer at UW-La Crosse is a priority and expectation for all meal service, including weekends, Display cooking that offers fresh and customizable options to customers shall be incorporated into menus offered every day at Whitney Center during breakfast, lunch, and dinner meal periods.

16.14.2 Menu Specifications

Current monthly menu for resident dining in the Cafeteria is provided in Appendix II

16.14.3 Meal Value Credits

Students possessing a meal contract may be allowed meal value credit toward the price of catered meals prepared and serviced by the contractor for University sponsored functions by making advance arrangements with the contractor. Meal value credit and the specific events for which credit may be made shall be determined by mutual agreement of University and contractor. The breakdown from the daily meal rate will be: dinner 45%; lunch 40%; and breakfast 15%.

16.14.4 Changing Meal Plans

An individual may exercise the option of changing meal plans during the time period specified by the University.

Block meals, campus cash, and dining dollars may be added at any time.

16.14.5 Meal Plan Program Changes

After June 1, 2016, and with sixty days written notice to the contractor, the University, in conjunction with the contractor, may alter the variety of meal plans offered in the initial terms of the contract. Related amendments shall be by mutual agreement of the contractor and the University and shall be approved and amended to the contract by System Procurement office prior to the start of the new service.

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RFP PS-15-2496

16.14.6 Sick Trays

Arrangements and menus for "Sick Trays" shall be by mutual agreement of the University and contractor (See

Appendix II).

16.14.7 To-Go Meals

Resident contract dining students shall be allowed to take out meals without advance notice.

Residential Dining contract students shall be provided a dedicated “to-go” site option for breakfast and lunch,

Monday through Friday. Meals in this area are limited to two per day. A “to-go” meal option will also be available in the Whitney Center main dining room, Sunday through Saturday. Students may purchase additional

“to-go” meals using Campus Cash or Dining Dollars.

16.14.8 Group Carryout Meals (Pack Outs and Sack Meals)

Pack outs are designed for meal plan participants involved with a program/event. Meals may not be donated; however, a program participant shall be permitted to admit a friend/guest on the participant’s meal plan in accordance with the meal policy.

Student organizations can do pack outs utilizing block meals or resident dining meals. Each organization is limited to one pack out per semester.

Dining supplies will be available to groups as substitute for a meal. Request forms must be presented to the designated University Centers staff member eight days prior to the time of pickup. The University and Contractor shall mutually determine the menu variations available for meal selections. University personnel will approve all pack outs.

The minimum number of students per pack out will be 9; the maximum number of students for pack outs will be

300 per day. Each residence hall is limited to one pack out per semester.

Athletic teams or other groups with a 72-hour notice may request sack meals for Residential Dining contract students for the first meal when traveling. The group shall be responsible for refrigeration and storage of all such food items. The Whitney Dining Office shall schedule these events.

16.14.9 Final Exam Time Specials

During each semester the Contractor shall make available to all Residence dining students a midnight breakfast which runs from 10:00 p.m. to midnight on the night before finals begin. The minimum meal for midnight breakfast shall be, but not limited to, cheesy eggs, fresh hash browns, pancakes, waffles, muffins, bagels, freshly-made doughnuts with toppings available for frosting, carved ham and/or bacon or sausage, fresh fruit, and beverages which are available at all times. Each semester the menu will be agreed upon by the Campus Contract Administrator and the Contractor.

The Contractor shall provide free coffee and an alternative non-coffee beverage for mutually agreed study nights in the State Room of Cartwright Center, the new student center beginning in fall of 2016, Murphy Library, and

Centennial Hall.

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RFP PS-15-2496

16.14.10 Unlimited Seconds

The Contractor shall serve the Residence Dining students in the Whitney Center main dining room unlimited seconds on all food and beverages with the exception of steak, shrimp, and select approved theme dinner entrees. Students may mix and match entrees and may request multiple servings dished to order each time through the serving line. All food items shall be attractively and effectively displayed.

16.14.11 Koehler Fine Dining

The University Dining Service shall work in conjunction with the Office of Residence Life to operate a self-sufficient dining program in Coate Hall. This program shall be based on the cost of the program. Students will utilize a meal and

Residence Life will pay the balance of the meal costs. An overhead cost of 5% will be paid back to the University on the portion paid by Residence Life. (See Appendix II for Koehler Fine Dining Information.)

16.14.12 Meal Passes

A total of five (5) University employees shall be issued meal plans/passes by the University for purpose of food service evaluation and student programming management. In addition, the University may purchase four (4), onehalf (1/2), or one-quarter (1/4) student meal plans to serve as program monitors. The four students shall be selected by the Campus Contract Administrator or designee. It will include the Student Association President and

Vice President. All such meals served shall be billed to the University by the Contractor at the end of each billing period. These billings shall be included on a direct cost of food basis only, as mutually agreed, and shall appear on the operating statement as non-commission revenue.

16.14.13 Access to Dining Room

Access to the Whitney Center dining room is by University ID card. The Contractor and the University shall determine procedures to be followed when a student does not have their ID upon entrance to the dining facilities. Students and visitors may bring coats and back packs into all dining areas.

16.14.14 Snacks Leaving Dining Room

Students will be allowed to remove one piece of fruit, one ice cream cone, or one dessert from the dining room.

16.14.15 Service Days

The number of serving days each academic period shall be determined by the University. The contractor's per meal charge shall not be adjusted as a result of changes in the number of serving days each academic period.

Prior to the start of each academic year, the University shall provide the contractor with a schedule that identifies the number of full and partial serving days for each period.

In the event of an emergency situation that interrupts the Residential Dining contract program for more than one

(1) day, the University and contractor shall mutually review the situation and may make such meal contract adjustments or refunds as deemed appropriate.

In the event the campus is forced to close and/or cancel classes during the regular academic year due to weather related or other circumstances, the contractor is to provide resident contract (board) plan related service for each meal period.

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RFP PS-15-2496

16.14.16 Residential Dining Pricing

The cash price of meals for non-board students, administrative personnel, faculty members, and visitors going through the Residential Dining service cafeteria lines is as follows:

MEAL

Breakfast

Lunch

Brunch

Dinner

Midnight Breakfast

Specialty Nights

CASH

$5.25

$8.05

$8.85

$9.15

CAMPUS CASH

$5.05

$7.70

$8.50

$8.85

$5.25

$10.50

$5.05

$10.20

Sack Meals

Move-In Family Meal

5.70 $5.60

$5.50 (tax included).

These may be escalated annually based on the Consumer Price Index and must be approved by the Campus

Contract Administrator.

Campus Cash purchases are sales tax exempt for students but are taxable for others. Cash prices are inclusive of sales tax.

16.14.17 Special Needs Meals

The Contractor shall provide meals for students with allergies and special dietary needs at a station specifically identified for this purpose. These meals must not exceed the contract cost per meal.

16.14.18 Premium Entrée Events

The menu shall include a premium entrée once a month; the dates of these nights will be determined in cooperation of the University Dining Services Liaison. Choice of two (2) premium entrees; one (1) hot high quality meatless vegetarian entrée; one (1) hot entrée to be served in unlimited quantities; and one premium dessert.

Service of premium meals is reserved to Monday-Thursday.

16.14.19 Hall Directors and Student Staff Meal Plans

The University provides hall directors and student staff with a block meal plan. Meals not eaten by the employee will not be compensated.

The University provides Residence Life student staff with a meal plan as compensation for employment as members of the University Residence Life staff. Unused block meals expire at the end of the year on the last day of summer school.

Each Residence Life student staff member shall be on a meal plan. The University shall provide the Contractor a listing of the Residence Life student staff on the plan at the start of each semester if requested.

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16.14.20 Shared Meals

Block meals and campus cash can be shared with friends at any time.

16.14.21 Secret Shopper Program

The University shall, at no expense to the Contractor, maintain a secret shopper program for the purpose of assessing services offered by the Contractor. The University shall conduct this program by providing declining balance funds to individuals of its own choosing. Survey/assessment results and reports will be shared with the

Contractor on a mutually agreed upon basis for the Contractor to react to any issues in a timely manner and to otherwise use as they deem appropriate.

16.14.22 Fresh Fruit

Fresh fruit shall be available at Whitney Center Main Dining at all meals. The Contractor shall offer five noncanned fruit items at each meal on a daily rotation. At least one item offered must be cut melon (watermelon, cantaloupe, honey melon), berries (raspberries, strawberries, blueberries), bananas, apples, and one choice of either cut pineapple, oranges, grapes, grapefruit, or pears.

16.14.23 Healthy Options

The Contractor shall offer a minimum of three healthy side items for meal plan participants during every meal period at Whitney Center Dining Room. These options shall include a variety of hot and cold vegetables, fruit, salads and other healthy items.

16.14.24 Dry Cereal

A minimum of 12 recognized brand name cereals including 4 without sugar, 4 natural, and 2 sugared and any 2 others shall be available all day in the Whitney Center main dining room. Students shall be given the opportunity at the end of each semester to determine the cereal selections for the next semester.

16.14.25 Salad Bar

A self-service, fresh salad bar is to be provided daily, lunch through dinner, in the Whitney Center main dining room. Minimum daily choices should include spinach and a lettuce (i.e. mixed greens, iceberg, romaine), an alternating shredded natural cheese, an alternating meat/seafood (i.e. ham, chicken, tuna), tofu, cottage cheese, carrot & celery sticks, fresh sliced/diced tomatoes & hard boiled eggs, six alternating vegetables (i.e. mushrooms, broccoli, cucumbers, peas, red/green/yellow peppers), an alternating premium topping (i.e. sunflower seeds, dried cranberries, bacon bit), croutons, an alternating pudding, an alternating Jello, an alternating protein salad (i.e. tuna noodle), an alternating pasta salad, an alternating fruit salad, and an alternating vegetable salad. A minimum of 9 salad dressings, which include a minimum of two fat free and a minimum of two vinaigrette options, must be offered daily.

16.14.26 Bakery Items

The bakery must be used for fresh breads in the Sub Shoppe and main dining room and for all desserts served in the dining facilities. The expectation is that previously frozen bakery items will not be served in dining venues.

Bakery items purchased externally need University approval.

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16.14.27 Grab and Go Meals

Grab and go meals will include a variety of options, including:

Sandwiches: o A variety of breads choices: Whole wheat, 12 grain, white, etc.; o A variety of vegetarian options: Three cheese, peanut butter and Jelly; o Ham and cheese, turkey and cheese, tuna fish, chicken salad, egg salad, etc.

Salad

Hot food item

Side options: Chips, fruit, veggies, etc.

Desserts: Cookies, brownies, puddings, Jello.

16.15 Summer and Interim Meal Programs

16.15.1 Pre-Academic Year Meal Service

The Contractor shall provide cafeteria-style dining service in Whitney Center for resident assistants and the intercollegiate teams, marching band, International students, staff, and other academic programs prior to the start of regular service each academic year. A combined total of approximately 125-300 individuals shall require service three meals per day, seven days per week for approximately two to three weeks prior to the start of fall semester. See attached summer 2014 price schedule (Appendix II).

Proposed menus for these meals shall be submitted by the Contractor yearly by June 15 for approval by the

Campus Contract Administrator after consultation with athletic and residence life personnel. Pre-academic year service will be provided at different rates based on the type of service offered. Prices for 2015 will be: o Full service (All you care to eat; three meals per day) – $18.00 (maximum) o Limited service (One time through; three meals per day) - $16.00 (maximum) o Full service (All you care to eat; two meals per day) - $14.75 maximum) o Limited service ( One time through; two meals per day) - $12.00 (maximum)

Future price proposals shall be submitted yearly in conjunction with other price increase proposals by April

15 as outlined in section 15.13.2.

The nutritional analysis of all items served shall be available upon request by customers or the Campus

Contract Administrator.

All meal plans will begin fall semester on the Friday prior to the first day of class and will be determined by the University.

16.15.2 Pre-Academic Year and Recess Athletic Meal Pricing

Pre-season and recess period meal rates and obligations for athletics shall be subject to the rates listed in section

15.15.1. During the academic year, athletics shall be on a meal plan of their choice. Special meal service required for athletic teams during the academic year shall be at catering prices less an allowance as mutually agreed for those athletes participating in a contract meal program.

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16.15.3 Academic Year Tutoring/Pre-College Program

The University provides limited meal service for the Office of Multicultural Student Services Tutoring Program/Pre-

College Program. The University will pick up items for the tutoring sessions during the academic year. The food specifications will match all University specifications and will not exceed $3.00 per person per meal. In addition, there is a summer program with prices to be negotiated. (See Appendix II for menus.)

16.15.4 Summer and Interim Meal Programs

Food and beverage service with unlimited seconds for University summer conference/camp programs shall be provided, on request from the University, by the Contractor under the terms of this contract. Rates will be based on the number of participants being served per week (not per camp). Children under the age of three (3), accompanied by a parent, will be admitted at “no charge.” A tax of 5.5% will be added to all food service rates unless a tax exempt number is provided or the University account used for payment is deemed exempt.

When there are 100 or more camp participants, service will be provided within Whitney Center. Camp participants will be provided a block meal, which will be negotiated on a yearly basis. This service with a limited menu shall be provided in Cartwright Center or the new student center if there are fewer than 100 participants.

Each year, the specifications of the meal program to be offered to summer camp participants shall be proposed by the Contractor by November 15 and approved by the Campus Contract Administrator in conjunction with the

University Director of Camps and Conferences and others the University deems appropriate. These specifications should include, but not be limited to the menu, menu portions, menu cycle, type of service, days of service, times of service, and other related areas. The service is typically provided seven days per week during the months of

June through August. The service is also required when summer school is not in session.

16.15.5 Upward Bound Program

The University provides dining service for the UW-La Crosse Upward Bound program. All menus must be USDA approved. Costs of Upward Bound meals must fit within the Federal grant allotment. (see Appendix II.)

16.15.6 Dining Facility Access and Security

The University is responsible for the creating and providing a form of ID for summer event participants who are on a meal plan as part of their registration fee.

16.15.7 Contractor Charges

The Contractor shall charge the University a fixed rate per meal for breakfast, lunch, and dinner, for the summer programs as indicated in Appendix II. These rates shall be negotiated annually, using the Consumer Price Index as the main guide for adjustments with new rates established on or before November 15 for the next summer. Rates for the summer of 2015 shall be those previously approved by the University (see Appendix II.) The first rate adjustment shall be October 15, 2015, for the summer of 2016, and annually thereafter.

Meal prices charged for conferences shall be those in effect at the beginning of this contract. The meal price schedule in effect will be followed consistently. Higher prices will not be charged to registered conference guests at times when the University is not in session.

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16.15.8 Group Catered Meals

If a group chooses to have a catered meal as part of a full day's service, the catered meal would be paid at the regular catering price and the remaining camp meals billed as listed in Appendix II.

16.15.9 Annual Scheduling

The services required under the terms of this contract shall be on an as needed basis with no advance annual schedule. However, the University shall provide the Contractor with schedules of required dining services prior to the start of service each year for the entire summer and weekly updates as firm counts are available. This schedule shall include required meals and days of service and estimated numbers to be served. Final counts of the numbers to be served, if different from the weekly estimates, shall be provided to the Contractor a minimum of three (3) days prior to the start of each event. Billing shall be based on actual registered participants as confirmed by the camp coordinators.

16.15.10 Summer Program Assessments

All summer program group camp directors shall be sent a survey requesting feedback on the event. Multiple surveys for the same event need not be sent. These surveys shall be designed by mutual agreement of the

Contractor and the University.

Individual comment cards shall be distributed to each summer program group, offering the opportunity for individuals attending the event to give feedback regarding their experience. These comment cards shall be designed by mutual agreement of the Contractor and the University.

16.15.11 Youth Culinary Program

The Contractor is encouraged to maintain collaboration with the University in offering summer youth cooking programs as agreed upon by both partners.

16.16 Electronic Access System

16.16.1 Meal Program Administration

The University shall develop and distribute the contract meal plan information, and sign individuals to a formal dining contract. The University shall provide a method for proper identification of each meal contract individual.

16.16.2 Identification Cards & Access System

The ID card shall serve as meal access authorization for all meal plan patrons and as a debit card that may be used for food purchases for all authorized individuals.

The University shall provide the Contractor with a limited access electronic board/point plan card control system for validating access of board/point plan subscribers to dining service facilities. The system shall be an electronic one card transaction system which may be shared by other departments of the University for other pre-paid debit, access or security functions.

Additional enhancements to the electronic one card transaction system for Dining Services benefit shall be mutually agreed and assessed at cost to the Contractor.

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If a representative of the Contractor's management staff is not acquainted with the retail point of sale terminal system provided by CBORD, managers shall attend training prior to commencement of the 2015-16 academic year. The University will arrange training sessions; the Contractor shall provide for all costs of required training for any system that is implemented at the University.

On August 15, 2015, and annually thereafter the Contractor shall reimburse the University $19,250 on a yearly basis for the Card Access Identification System repair and maintenance contracts. The annual payment may increase when maintenance costs increase for access control. The Contractor shall reimburse the University for current costs.

16.16.3 Lost Identification Cards

The Contractor shall take responsibility to collect and not honor ID cards presented for service that are identified as lost, stolen, or otherwise invalid. C a r d r e p l a c e m e n t f e e s s h a l l b e c o l l e c t e d and retained by the University.

16.16.4 Master Plan List

The University shall keep a master list of all persons authorized to be on each contract meal plan. On an "as needed" basis the University shall furnish the contractor a current listing of those authorized to be on each contract meal plan. The contractor may review these lists with the University at any time by prior appointment.

16.16.5 Weekly List and Billing

The University shall supply weekly access system summaries of meal counts and the Campus Cash usage, and other reports to the Contractor. This information will be the basis for audit and review of contractor invoices.

16.16.6 Cashiers

Contractor shall provide operators for the terminals of the electronic access system at all food areas. University shall provide the staff for the central operation of the electronic system. The contractor’s managers and employees shall become trained in the operations of the system and associated point of sale equipment at the contractor’s expense prior to the start of the contract and at regular intervals as needed.

16.16.7 Access System Interface

Programs the contractor may wish to have added to, or interfaced with, the electronic one card transaction system shall be submitted to the University for approval. Installation of any additional programs or interfaces shall be at the expense of the contractor, or as mutually agreed.

16.16.8 Privacy of Student Data

The contractor will at times have access to private student data, such as the student ID card, lists for pack outs, or other assembled student information. It is essential that the contractor’s employees are trained in handling

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RFP PS-15-2496 student data properly in regards to concerns around privacy. The contractor shall be responsible for any misuse of student data that it has under its care.

The student information of the University is confidential information and includes student education records protected by the Family Educational Rights and Privacy Act, 20 U.S.C 1232g et seq. (FERPA). The contractor agrees not to share or disclose this data with any third party unless written consent from the appropriate University authority is obtained and such disclosure is permissible under FERPA.

16.16.9 Point of Sale Operations

Contractor is responsible for the following regarding operation of the Micros point of sale (POS) system:

Purchase consumable supplies such as receipt paper and kitchen printer paper.

Replace consumable supplies at the register station as needed and in peripherals as needed.

Daily management of all desired functionality available through the POS management console: o Create/Update SKU’s o Create/Update menu screens o Set Prices o Reports and report settings o Other daily management functions as needed.

Initial cashier staff set up for POS use.

Cashier staff training on POS use.

Staff training for Management Console use: o A manager and at least one other staff member will have POS management included in their job description. o At all times at least two staff, one being a manager, will have completed training for Micros systems provided by CBORD at Contractor’s expense. o Troubleshoot and resolve operational/configuration issues in the system.

Contractor is required to meet with campus staff (Information Technology and Campus Contract

Administrator) before implementing changes in a process that would change POS operation or physical location of a POS device for approvals. o Contractor is responsible for costs related to facilities when changing processes or location (i.e. pulling data lines, etc.)

The University is responsible for the following POS Operations:

Maintain infrastructure required to operate POS system.

Maintain the server environment, including patching and server software updates.

Maintain the Micros 3700 software, including patching and software updates.

Troubleshoot and resolve software and hardware issues determined to be non-operational in nature. o Work with Contractor as needed to determine nature of issues. o Provide standard operating procedure for escalating issues to proper campus resources.

15.16.10 Technical Support

The following technical support will be provided by the University to the Contractor:

Technical support for all campus-owned hardware (i.e. desktops, laptops, printers).

Campus-owned hardware and software will be deployed according to campus standards and will not be modified from those standards. This includes supported software versions, policies applied to devices, and central management of devices.

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Technical support for all campus-owned and licensed software and services (Campus email, desktop software installed by campus Information Technology Department)

The University will not support any software, systems, or accounts brought on-site by the vendor and is not licensed or owned by the University.

16.17 Retail Dining Service

16.17.1 General

The retail food operation at the University of Wisconsin-La Crosse has several components: currently, the institution has Cyber Café, Centennial Hall, The Galley, The Cellar, and Murphy’s Mug (coffee shop), and Centennial coffee shop. The new student center will have a deli, grill, Mexican, pasta, Asian, fast food, pizza, coffee, and salad bar. The University has an expectation that all areas will provide vegan and vegetarian meals and provide a cuisine that represents a cultural and International cuisine. The University is interested in a Contractor that will develop retail dining services to include sub sandwiches, hamburgers, pizzas, tacos, etc., in a food court concept.

The Contractor's proposal information shall include cost estimates and descriptions of any proposed QSR concept.

This should include menu items, pricing and market strategies, estimated space required, and approximate time required for the project to become operational after University approvals. Submittal of schematic design plan, pictures and/or artists renderings should be included.

The University requires prior approval of all sub-contracts and/or franchise agreements associated with providing food and beverage services the Contractor intends to enter into on behalf of the University.

Each contract/agreement shall include specifications which accurately state the responsibilities of the sub-

Contractor/franchiser, services to be provided, prices and operational and financial terms, including discounts.

Each agreement/contract shall contain a hold harmless provision holding the University harmless and sufficient liability insurance coverage to satisfy the requirements of University System Risk Management.

The University shall be provided final copy of all resulting contracts/ agreements and subsequent amendments by the Contractor for the files of the Director of University Centers and System Procurement office.

16.17.2 Salad Bar

Minimum daily choices for the self-service, fresh salad bar in the new student center include spinach and a lettuce

(i.e. mixed greens, iceberg, romaine), an alternating shredded natural cheese, an alternating meat/seafood (i.e. ham, chicken, tuna), tofu, cottage cheese, carrot & celery sticks, fresh sliced/diced tomatoes & hard boiled eggs, six alternating vegetables (i.e. mushrooms, broccoli, cucumbers, peas, red/green/yellow peppers), an alternating premium topping (i.e. sunflower seeds, dried cranberries, bacon bit), croutons, an alternating pudding, an alternating Jello, an alternating protein salad (i.e. tuna noodle), an alternating pasta salad, an alternating fruit salad, and an alternating vegetable salad. A minimum of 9 salad dressings, which include a minimum of two fat free and a minimum of two vinaigrette options, must be offered daily.

16.17.3 Cash Sale Reporting

Sales from Retail Dining services shall accrue to the Contractor. Malt liquor and alcoholic beverages sales shall be

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RFP PS-15-2496 reported separately from other Retail Dining Services sales. Additionally, sales from each type of service within the scope of Retail Dining services shall be reported both separately and in combined form for each operating period.

16.17.4 Control of Sales Transactions

The contractor shall exercise maximum control over all cash/charge sales transactions and recommend conditions and equipment that may be needed to maintain this control.

16.17.5 Non-Contractor Event Sales

Select retail dining service events may be operated under the direction and independent financing of the

University or authorized University organizations. These functions shall not result in added costs or continually decreased revenues to the contractor. All other non-contractor retail dining food events require prior approval of the University and advance notice to the contractor. Commission will be paid on these sales.

16.17.6 Retail Product Consistency

Menu item products and specifications in retail operations will be approved by the Campus Contract Administrator before the beginning of each academic year and/or upon inception of new menu items and will not be changed or substituted without prior notification and approval of the UW-La Crosse Dining Campus Contract Administrator.

16.17.7 Nutritional Information

The nutritional analysis of all items served must be posted in each dining location.

16.17.8 Convenience Store

Pricing for grocery items (with the exception of soda, small portion chips/snacks and candy) will be priced at 80% cost of goods sold (20% gross margin). Variations from this pricing model must be approved by the UW-La Crosse

Dining Campus Contract Administrator.

The University must approve all convenience store type items that can be used as a part of a block plan transaction during the last two weeks of each semester (including finals week).

16.17.9 Final Exam Periods

During final exams scheduled each fall and spring semester by the University, retail dining units and all sub-units and normal menu options will be available to customers unless previously approved by the Campus Contract

Administrator.

16.18 Campus Cash, Dining Dollars, and Block Meals

16.18.1 Description

The University maintains electronic debit accounts for students, faculty, and staff. Credits in these accounts are kept in units called Campus Cash, Dining Dollars, and Block Plans. Each Campus Cash or Dining Dollar is equivalent to $1.00. Campus Cash may be used at any designated locations throughout campus. Dining Dollars may be used in dining venues only. Block meals shall be redeemable in all dining locations on campus. Campus cash may be

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RFP PS-15-2496 used at select local merchants during this contract. The University will monitor the number of merchants eligible for this program.

16.18.2 Campus Cash and Dining Dollar Use Restriction

Campus Cash or Dining Dollars may not be used for the purchase of tobacco products or alcoholic beverages.

16.18.3 Sales Tax on Campus Cash/Dining Dollars Purchases

Students are not required to pay state or local sales tax on Campus Cash food purchases or Dining Dollars transactions. Sales tax must be collected on non-food purchases made by students and on all food and non-food purchases made by other individuals. Campus Cash may also be used to pay sales tax on taxable food and non-food purchases. Sales tax collected must be paid to the State and locality by the Contractor. A commission on all

Campus Cash and Dining Dollars redeemed by the contractor for dining service and non-food purchases, except those redeemed to collect sales tax, must be paid to the University as indicated in the contract.

The University collects sales tax for all faculty/staff campus cash and dining dollar transactions at the time campus cash or dining dollars are purchased from the University. Faculty and staff should not be charged sales tax at any dining service point of sale. With the sole exception of meal plan dining dollar sales, a commission on campus cash or dining collar sales, except those redeemed to collect sales tax, must be paid to the University as indicated in the contract.

16.18.4 Sales Reporting

The Contractor shall record Campus Cash and Dining Dollar food sale transactions (commissionable and noncommissionable) separate from cash and charge sales by each service area. These sales shall be reported as a separate line item on each service unit statement and composite statement. All such sales shall be reported as net sales (not including sales tax) and shall not be adjusted by cash over and under which may occur at the point of sale. Commission to the University shall be calculated on these net sales.

The Contractor shall invoice the University weekly for the total amount of all redeemed Campus Cash and Dining

Dollars recorded through the electronic access system for the previous week's sales report by each service unit.

Total invoiced sales for each monthly period shall equal Campus Cash and Dining Dollars sales reported on the

Contractor's monthly operating statement.

16.18.5 Unused Campus Cash/Dining Dollars

The Contractor shall not be paid for unused Campus Cash or Dining Dollars. Campus cash will carryover in the fall semester and all unused balances will be cleared at the end of the summer term. Dining Dollars will not carryover between semesters. The University will retain all unused Campus Cash and Dining Dollars balances.

Reconciliation by mutual agreement may occur at any time during the academic period for the purpose of determining the amount of outstanding Campus Cash. The University shall not pay the Contractor for more

Campus Cash sales than the total sales the University has recorded each academic period.

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16.18.6 Condition for Refunding of Unused Campus Cash/Dining Dollars

It is the responsibility of the individual purchasing a meal plan to make use of the Campus Cash and Dining Dollars in their account during the academic semester in which the plan was purchased. The University shall not provide a refund to students for unused Campus Cash and Dining Dollars.

16.18.7 No Cash Refund

The Contractor shall not give cash as change for any Campus Cash and Dining Dollars sales, or redeem such

Campus Cash and Dining Dollars by giving cash to a student.

16.18.8 Meal Plan Charges/Surcharges

The University shall determine the meal rates charged to individuals for meal plans. Rates for meal plans, net sales values, and charges per meal period in Residence Dining Service areas shall be determined by the University. The

University may, at its option, add a surcharge to Campus Cash, Dining Dollars, and block plans.

The Contractor shall not be required to pay commission on these surcharges, nor shall the surcharge portion be part of the payments to the Contractor in exchange for Campus Cash and Dining Dollar net sales. Students will not receive Campus Cash and Dining Dollars value or credit for the surcharge. If additional Campus Cash or Dining

Dollars are purchased by the student, no additional surcharge shall be made to the student.

16.18.9 Block Plans

Block meals shall be one entrance to the all-access dining room. All other dining areas, including all retail areas, shall provide a substantial entrée, choice of two sides, and a beverage for one block meal. Block meals may not be used during the academic year for convenience store purchases or in other dining areas for items that do not constitute a meal except during the last two weeks of each semester (including finals week), with approval by the

Campus Contract Administrator.

There shall be no items offered in any dining location for more than one block (i.e., two blocks for a specialty sandwich).

16.19 Catering

16.19.1 Catering Events

Food and beverage service for all University sponsored functions such as banquets, private parties, receptions, refreshment services, conferences or other special events shall be provided as requested of the contractor.

Existing University policies that determine the scope of University sponsored functions shall determine the catered events included within the terms of this contract. Current exemptions include: University Dining waives the requirements to use University Dining Services for University groups on campus with less than $100.00 in potential catering sales. Current catering menus and pricing are provided in the appendix. These prices and menus are to serve as a guide for your catering program.

16.19.2 Scheduling of Events

The University shall control the space commitment and scheduling of authorized University catered events. The Contractor shall consult on and coordinate the menu, details of services required, and advise

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RFP PS-15-2496 on effective program arrangements required with the individual or department/group requesting catering service.

16.19.3 Prior Catering Commitments

The contractor shall honor the specific commitments of menus, prices and other arrangements made by the

University for catering service prior to the start of this contract.

16.19.4 Catering Guide

Complete catering menu and price lists shall be mutually approved in writing prior to the start of the contract. The

Contractor shall formulate and submit to the University for approval an on-line catering guide including prices for all food refreshments, suggested portion sizes, catering policies, minimums, additional charges, etc. The guide should offer a quick reference guide to catering services available. This guide should be viewed as a starting point and suggestions for customers. Customization of menus shall always be an option for all catering customers. A

University-approved number of copies of the catering guide shall be printed for distribution to the campus prior to

June 1 of each year. The cost shall be borne by the Contractor. Price adjustments shall be submitted to the

University for review by April 15 of each year. University approved prices shall become effective the start of the fall term.

An extensive album of colored photographs and/or a photo file on a catering web site shall be developed by the Contractor and kept current for use with prospective catering clients showing various food presentations produced by the Contractor at this University working under this contract. All publications including web design and printed material become and remain the property of the University at the expiration or termination of this contract.

16.19.5 “No-Frills” Reduced Rate Catering Guide

The Contractor shall maintain a special “no-frills” catering guide for student organizations. This guide shall incorporate special pricing specifically for the purpose of helping student organizations who are on more limited budgets. The guide shall be posted on-line and shall be offered as a default to all student organizations who book events through the catering office. “No Frills” catering will be offered to student organizations as a noncommissionable service. A reduced-rate catering guide will be offered for university departments who elect to pick up their catering orders.

16.19.6 State per Diem Rates

The Contractor shall maintain multiple selections of meal options (entrée, side item and beverage) on the catering menu that fall within the Wisconsin State per diems. As of fall 2014, these per diems are: Breakfast $8.00, Lunch

$10.00 and Dinner $20.00.

16.19.7 Catering Event Tickets

Catering event tickets may be supplied by the group or organization sponsoring the event. The contractor shall be responsible for guest control of admission and collecting of tickets for catered events where required.

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16.19.8 Stadium Box Suites

The Contractor will provide catering to the Stadium Box Suites.

16.19.9 Catering Billing

The Contractor shall handle billing for catering, camps, conferences, workshops, camps, and designated pre-season groups. All catering cash receipts, collections, and accompanying verification cash reports shall be the responsibility of the Contractor.

Catering, conference, camp, workshop, and malt liquor and alcoholic beverage revenues shall be reported and commissions paid in the period in which they were earned and not upon receipt of payment.

The Campus Contract Administrator or designee will be copied electronically on all catering contracts and invoices as they are issued. A quarterly report shall be provided to the campus contract administrator of outstanding accounts receivable by 30, 90, and 120 days.

All catered events will provide food for 5% over the guaranteed number.

16.19.10 Use of Facilities for Other Services

The contractor may be granted University approval to use the University's bakery and kitchen facilities, utilities, and equipment for the production of food products for use at other locations if judgment that such activities contribute to and serve the University's purpose and the use is consistent with state regulations. Separate cost controls, profit centers, and control records shall be established and maintained by the contractor to ensure complete accountability and audit capability. The contractor shall pay the University a commission on net sales

(gross sales less State and county sales tax) generated. The terms of the agreement for providing this service shall be determined by mutual agreement of the University and contractor and proposed to System

Procurement office for prior approval and amendment of this contract.

16.19.11 Catering Price Adjustments

Catering prices may be reviewed annually. Contractor recommendations for increases in prices shall be made by April 15 and, if approved by the University, shall become effective at the start of the following academic year and shall remain in effect for the next twelve months. At the beginning of the new contract rates established in Appendix II shall be used. Rates under the new contract, as approved by the University, shall not be effective until September 1, 2015, or the beginning of the academic year. Events under contract at current rates at the initiation of the new contract shall be honored.

16.19.12 Catering Beverages

Pepsi-Cola and Coca-Cola products will be available at the same price at all times for all catering events.

16.19.13 Contractor Representation

The contractor shall have a representative in attendance at catering/conference coordination meetings, including summer meetings.

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16.19.14 Use of Disposable Serving Ware

In the interest of sustainability issues and the customer perception of service levels, use of disposable serving ware including, but not limited to plates, flatware and beverage containers will be minimized to the extent possible.

China and non-disposable flatware and glassware should be used. Compostable plates are acceptable for use with the customer approval.

16.19.15 Nutritional Information

The nutritional analysis of all items served shall be available upon request by customers or the Campus Contract

Administrator.

16.19.16 Catering Assessments

All catering invoices shall be accompanied by a survey requesting feedback on the event. Multiple surveys for the same event need not be sent. These surveys shall be designed by mutual agreement of the Contractor and the

University.

Individual comment cards shall be distributed at each event, offering the opportunity for individuals attending the event to give feedback regarding their experience. These comment cards shall be designed by mutual agreement of the Contractor and the University.

16.19.17 Off Campus Services

Food service provisions to outside venues off campus grounds, including but not limited to primary schools, nurseries, elderly nutrition programs, day care centers and/or other learning centers may be provided under this contract. The arrangements and terms of this service shall be by mutual agreement of the University and the

Contractor.

16.20 Alcohol Beverage Service and Sales

University administration encourages a low-key approach to alcohol sales. The University is not attempting to create a bar-like atmosphere, but rather a collection of pleasant atmospheres for social interaction and relaxation where alcoholic beverages are but one of several offerings (along with food, other beverages and programs) designed to foster a pleasing atmosphere for the University community.

16.20.1 Authorized Agent for the University

For all malt liquor and alcoholic beverage services and sales the Contractor shall act as the authorized agent of the

University. Licenses and tax stamp to sell malt liquor and alcoholic beverages, to the extent that one is required, shall be provided by and held in the name of the University of Wisconsin System for University sponsored events.

The Contractor shall be responsible for all revenues covering sales and payment of sales tax relating to the sale of malt liquor and alcoholic beverages.

The Contractor shall pay all costs related to the sale and service of malt liquor and alcoholic beverages required by the University at its cost.

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RFP PS-15-2496

16.20.2 Alcohol Policy

Arrangements for service, beverage sales mix, brand preferences and portions shall be by mutual agreement and in accordance with the University’s malt liquor and alcoholic beverage policy, with information copy to System

Procurement office.

16.20.3 Malt Liquor and Alcoholic Beverage Purchases for Resale

The purchase of and payment for all malt liquor and alcoholic beverages required for service is the responsibility of the University through its Campus Purchasing Office.

The contractor shall reimburse the University for the total cost of all such beverages per vendor invoice. University shall monthly invoice the Contractor for the total costs of all malt liquor and alcoholic beverages purchased. The contractor shall pay the University the full amount of the invoice within ten (10) working days from the date of receipt.

16.20.4 Contractor Responsibilities

Receiving, storage, inventory control and reorder, security, issue and distribution shall be the responsibility of the

Contractor. Inventory or revenue losses of malt liquor or alcoholic beverages shall be the responsibility of the

Contractor.

16.20.5 Operating Statement

Each period, the Contractor shall provide the University with an itemized operating statement of revenues and expenses for all malt liquor and alcoholic beverage services for the period being reported, along with fiscal year-todate information with percentage ratios.

These statement shall be supported by copies of sales reports and processed invoices for charge catering and conference sales to be used by the University to reconcile reported sales on request.

16.20.6 Billing

The Contractor shall be responsible for billing individuals or organizations for this service and the Contractor shall handle all collection of receipts. State and Federal regulations prohibit the payment of individual or department expenses for malt liquor and alcoholic beverage services from State and Federal funds. Billing to State and Federal agencies shall not include malt liquor and alcoholic beverage services.

16.20.7 Receipt Verification

The Contractor shall certify that the monies from cash sales and sales tax are in agreement with verifying sales register tapes. If the register tapes and cash deposits do not agree, the Contractor shall provide the University with a written report explaining reported deviations on request and as part of the monthly operating reports. The

Contractor’s cash over and under reports shall not be acceptable deviations.

16.20.8 Reporting Period

The last day of the Contractor’s accounting period shall be the revenue reporting cut-off-date. If this date should fall in the middle of the week, reconciliation shall be made through that date period.

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RFP PS-15-2496

Upon expiration or termination of the contract, all malt liquor and alcoholic beverage inventories shall be credited to the Contractor and returned to the University for transfer and sale under terms of the new contract.

16.20.9 Appropriate Facilities/Groups

It shall be the responsibility of the University to designate those meeting rooms and areas on campus that have appropriate and adequate facilities for the service of malt liquor and alcoholic beverages. The University shall determine the groups to be served such beverages.

16.20.10 Training

The Contractor shall have bartenders/staff members trained and licensed to serve alcoholic beverages at all events requiring such service. All bartenders/servers must be trained on proper carding of customers, customer service, recognizing intoxicated customers, drink mixing, etc.

16.20.11 Proper Identification

It shall be the responsibility of the Contractor to make proper identification of persons eligible to purchase or consume alcoholic beverages, including proof of age when deemed necessary. The right to refuse service to any individual is reserved to the Contractor and the University subject to State and University regulations.

16.21 Personnel

16.21.1 Staffing

An adequate staff of employees shall be on duty for the efficient, prompt and sanitary service of food as well as to guarantee the efficient and accurate handling of financial records. The new contractor will provide a 90-day fair trial period for current non-management employees seeking to continue employment. Employees will receive the compensation (wages and benefits) as established by the new contractor. The new contractor may realign staffing to best meet workload and budget requirements. For valid reasons the University shall have the right to ask in writing for an employee to be removed from this account.

The University will hold meetings to introduce the company and its employees to the campus community.

16.21.2 Corporate Management Support Staff

The Contractor shall identify headquarters management staff by name who shall routinely review and inspect operations, fill staff vacancies, consult with the University on current future food service programs, and act with full authority on the Contractor’s behalf in any and all matters pertaining to the specifications of this contract.

16.21.3 Personnel Relations

Personnel relations of employees on the Contractor’s payroll shall be the Contractor’s responsibility. The

Contractor shall comply with all applicable government regulations related to the employment, compensation, and payment of personnel.

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RFP PS-15-2496

16.21.4 Personnel Dismissal

Personnel of the Contractor shall observe and be subject to all regulations of the University. Failure to do so may be grounds for the University to recommend dismissal from this account.

16.21.5 Management Assignment, Requirements

The C ontractor's Dining Service Director and managers assigned to the University shall be subject to approval of the University. The individuals initially selected for these positions may not be transferred within one year following their appointment without prior approval of the University, unless they have terminated from the

Company. The Dining Service Director and managers assigned to the University shall not be changed more than once per year unless mutually agreed, and not without thirty (30) days advance notice and replacement selection made, is acceptable to and mutually agreed by University, unless they have been terminated from the company. Positions shall not remain vacant for a period to exceed thirty (30) days.

The Dining Service Director assigned to the University shall be approved by the University prior to award of the contract.

For all management positions, when filling vacancies, the Contractor shall involve the University Campus

Contract Administrator in the process of interviewing a minimum of three candidates for each position.

At the start of this contract, these positions shall include the dining service director, the Whitney Center

Board Operations Manager, Marketing Manager, Catering Manager, Dietician, Retail Operations

Manager, Office Manager, and two Executive Chefs – one at Whitney Center and one at Cartwright

Center.

At the start of this contract, the following managerial positions are required to be represented in the staffing plan:

One 12-month, full-time on site Director with full authority to work with designated representatives of the University. I t i s p r e f e r r e d t h a t t h e D i r e c t o r h a v e a b a c h e l o r ’ s d e g r e e i n b u s i n e s s o r f o o d s e r v i c e m a n a g e m e n t a n d a t l e a s t t w o ( 2 ) y e a r s o f r e l a t e d w o r k e x p e r i e n c e . The Director shall have particular strength in the areas of board operations, retail operations and catering, along with demonstrated skills in marketing each of these. Candidates shall also have demonstrated proficiency with menu development, ala carte menu item costing and pricing, internal accounting and controls, financial management, personnel management, supervision and the ability to communicate to a wide range of University departments. Candidates must have experience in mid -sized to large college and

University dining services in increasingly responsible positions.

Marketing Manager - It is preferred that the Marketing Manager have a bachelor’s degree in marketing, public relations, advertising or related field with at least two (2) years of work experience in a marketing or related position and knowledge of desktop publishing, layout and design.

Dietician – It is preferred that the Dietician have a bachelor’s degree in dietetics or nutrition with experience working with college age population.

Catering Manager – It is preferred that the Catering Manager has experience in providing catering in multiple locations and demonstrating strong customer service skills.

Other managerial positions with the following skill areas:

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RFP PS-15-2496 o Whitney Center Board Operations Manager: Experience and/or formal education in batch production and Residence Dining service. Comprehensive knowledge of board operations in a

University setting preferred. o Retail Operations Manager: Experience and comprehensive knowledge of retail operations in a

University setting. o Two full-time, on-site Executive Chefs with experience in catering operations. o Assistant Board Operations Manager: At least 9-month appointment, to provide supervision for production, bakery production, catering service, and retail experience in these areas. o One Office Manager

One Management Position must be designated as responsible for supervision of all sanitation and requirements.

One management position must be designated as responsible for training and oversight of the

POS/CBORD/MICROS system.

16.21.6 Staff Listing

The Contractor shall supply the University with a complete list of employees, supervisors, and management by assigned work area at the start of the contract and as frequently thereafter as requested by the University. This list may be reviewed annually or at any time during the year by the University.

16.21.7 Orientation and Training

The contractor shall provide, at its expense, thorough orientation and training, including regularly scheduled on-going training, for its employees at all levels of the organization. Training should include, but not be limited to, the areas of sanitation, food handling, equipment operation, safety, security, emergency procedures, customer relations, energy conservation, recycling, nutrition awareness, and diversity training.

A special emphasis should be made to ensure that student employees are provided adequate orientation and training. A copy of the proposed annual training schedule and program should be provided to the Campus

Contract Administrator at the start of the contract and on the contract anniversary date each year. Full time management staff and student managers will be expected to participate in the University Center’s annual orientation/training program. The Contractor shall be responsible for employee salaries at these programs.

16.21.8 Employee Meals

The contractor shall not furnish meals, snacks, or beverages to its employees or those of the University as a direct operating expense of Dining Services. Meals for employees of the contractor shall be on a cost of food basis and credited to food cost each accounting period.

16.21.9 Food Handler Examination

If the State of Wisconsin requires that food handlers take and pass a food handler's examination, the

University shall require certification that food handlers under this contract have taken and passed the examination. The cost of these examinations shall be the Contractor's responsibility.

The Contractor may require all of its employees assigned to duty at the University to submit to health examinations before being hired and, periodically, at least annually, or as frequently and as stringently as required by law, submit to the University satisfactory evidence of compliance with all health regulations.

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RFP PS-15-2496

16.21.10 Certification In Food-Borne Illness Prevention

Each manager or supervisor who has direct responsibility for a dining service unit or production area shall have successfully completed and be certified in a Quality Assurance Program for Food-borne Illness Prevention, or give written evidence of certification that shall be displayed in the office of the location for which the manager or supervisor ha.., prime responsibility. Recertification must be issued from an accredited University or State agency.

16.21.11 Health Examinations and Background Checks

The contractor may require all of its employees assigned to duty at the University to submit to health examinations before being hired and periodically, at least annually or as frequently and as stringently as required by law, submit to the University, satisfactory evidence of compliance with all health regulations.

The University requires the contractor to warrant they are supplying employees that have passed background checks. This includes management, full and part-time staff. The contractor also agrees to defend, indemnify and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents for any claims, suits or proceedings alleging a breach of this warranty.

16.21.12 Report of Child Neglect or Abuse

If , in the course of providing services to University of Wisconsin System Institutions, contractor (or its agent or employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its agent or employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in University of Wisconsin System Institution’s Child Abuse and

Neglect Policy. If the suspected child abuse or neglect involves University of Wisconsin-La Crosse, the contractor shall also report that abuse to the University of Wisconsin-La Crosse Office of Equity and Diversity.

16.21.13 Student Employment

The University encourages the Contractor to employ as many students as feasible for all positions resulting from this contract. Recruitment, salary, and conditions of employment shall be in keeping with policies of employment for student workers in other comparable campus jobs. First priority for part-time employment must be given to registered University students. A salary increase program shall be developed which recognizes merit and length of service, and is consistent with the University student wage classification system.

It is recommended according to Campus Student Employment Policy student employees shall be limited to working a maximum of twenty (20) hours per week during the academic term. Longer work weeks may be scheduled during recess periods and during the summer months. Students need to be scheduled around their class schedules and other obligations.

With the University commitment to student learning through its student employment program, the Contractor is encouraged to develop and implement a student manager program that includes a management training program and opportunities for academic credit internships.

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RFP PS-15-2496

Student employees to be hired for fall semester shall be interviewed and hired in conjunction with University freshman registration programs, ensuring every effort is made to hire and train enough students to open all dining facilities in their entirety on the first day of fall semester classes.

In an effort to provide the highest levels of service as early as possible, each year the Contractor shall have a formal training program for all student managers.

16.21.14 Management Supervision

A full time unit manager or supervisor or student supervisor shall be scheduled and be available for all serving and dining areas during all meal hours of residence and retail dining service. A minimum of one full-time manager to supervise Whitney Center and Cartwright Center units shall be scheduled during all Monday through Friday, including late night shifts. A minimum of one full-time unit manager shall be scheduled and present on the dining floor during weekend meals. Supervisory responsibility shall include, but not be limited to, maintaining decorous conditions, answering student questions, ensuring adequate food is available, assisting meal pass checkers, supervising service and dining room employee, etc.

16.21.15 Minimum Wage Increase Calculation

In the event of a new federal or state minimum wage increase is signed into law after the start of the contract in the first year, the University shall compensate the contractor for a portion of the total increase.

Compensation shall be granted for the amount of minimum wage increase in part time and student hourly wage over the average hourly wage and select fringe benefits of part time and student employees for the academic year.

The increase shall recognize the increased fringe benefit costs for only social security at the required rate, unemployment, and worker’s compensation. The percentage fringe benefit costs shall be added to the average hourly current and new wage rates before determining the amount of the board rate increases. (These calculations do not appear in the example which follows).

The University shall pay the contractor the amount of the wage and fringe benefit increases attributed to the change in the minimum wage for Residential Dining Service as an increase in the rate per boarder per day for the academic dining service shall be divided by the average number of boarders and board serving days during the same academic periods used to determine the total wage. The boarder counts shall be established the average number of students on the meal plans, including point plans, at the start of the third week of service each semester. The resulting increase per boarder shall be added to the then board rates per boarder per day effective the date of the initial minimum wage increase.

Calculation example

Total minimum wage hours prior academic period – 50,000

Minimum wage - $7.25

New minimum wage - $7.50

Average boarders per academic year – 3,100

Number of serving days prior academic year – 209

1) 50,000 hrs. X $7.25 min. Wage =

2) 50,000 hrs. X $7.50 new min. Wage =

Minimum wage increase =

$362,500

$375.000

$ 12,500

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RFP PS-15-2496

5) Minimum wage board rate increase = $.0192

All increases shall be proposed to system purchasing with supporting salary, hours, serving days and number of boarders information for prior approval and amending to this contract.

The resulting board rate increase shall be a onetime change and future changes shall be as specified per the escalation provisions of this contract. Compensation for ala carte service employee minimum wage increases of student and part time employees may be reflected in negotiated ala carte price increases.

Prior to any minimum wage increase, the contractor shall maintain student and part time Residential Dining payroll records each fiscal year for the prior two years.

16.21.16 Security Procedures and Training

Contractor’s managerial and/or full time supervisory staff shall open, close and check University’s dining service facilities as instructed and required by University. University shall furnish instructions and initially train Contractor’s full time managers in approved procedures.

16.22 Equipment and Supplies

16.22.1 Conducting Inventory

At the start of the contract, the University and Contractor shall conduct joint physical inventories of all supplies and capital equipment. At that time the extent of repair and replacement shall also be determined by the University.

16.22.2 Contractor Responsibility for Inventory

On completion and acceptance of these inventories by the Contractor, the Contractor shall assume the responsibility for this equipment under the terms of this contract.

16.22.3 Inventory Replacement by Contractor

The University shall provide the Contractor with an initial physical inventory of supplies (i.e., cleaning equipment, trays, pans, pots, dishes, glasses, silverware) and capital equipment at the start of the contract. Depletion of supplies shall be replaced to existing par levels semi-annually and on completion or termination of this contract by the

Contractor at its expense. The specifications for these items shall be arrived at by mutual agreement.

The Contractor shall be responsible for providing all expendable kitchen and serving utensils at their expense. Upon termination or cancellation of this contract, the Contractor may sell these items to the new Contractor or remove these items. The existing University inventory of these items may be sold to the incoming Contractor.

The Contractor shall confirm arrangements for replacements and/or make payments by the 15 th

day of the month following the determination of inventory shortages or termination or expiration of the contract.

16.22.4 Inventory Records/Additions

The University, with assistance from the Contractor, shall maintain an up-to-date physical inventory record of supplies and capital equipment during the life of this contract. Additional new items or increased inventory level

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RFP PS-15-2496 requirements shall be provided by the University through the appropriate purchasing authority and authorized funding procedures. The Contractor shall not purchase items for use at the University anticipating the University to purchase these items at some future date.

16.22.5 Repair and Replacement

The Contractor shall be responsible for advising the University of required equipment and furnishing repairs and replacement. The University shall be responsible for the cost of repair or replacement of University equipment, furnishings and facilities, except that repair and replacement caused by the negligence of the

Contractor or its employees. Where it has been determined by the University that damages were due to the

Contractor's negligence, the Contractor shall pay for the necessary repairs and for replacement to the complete satisfaction of the University.

16.22.6 University Supplied Office Equipment

The University shall provide the following office furniture and equipment for use by the Contractor in the performance of this contract at no charge under the same terms applicable to capital equipment contained in this contract:

Desks, chairs, filing cabinets, bookshelves, tables/printer stands adequate for office areas in Whitney Center, including Production Office, Director’s Office, and all dining service management offices

Desks, chairs, filing cabinets, bookshelves, tables/printer stands adequate for office areas in Cartwright

Center, including the Administrative Office complex, Director’s Office, Catering Office, Reception area, and

Kitchen Office

Point of Sale Registers

Campus Network Access for PC’s

Other equipment not provided by the University that the Contractor deems necessary may be provided by the

Contractor at its own expense. Said equipment and installation shall require prior approval of the University. The

Contractor must provide computers and printers for all managerial employees, interns, or other individuals in need of this technology, that are compatible with campus hardware and software standards and are connected to the

University network.

12 computers x $1,000 =

5 printers (various prices) =

$12,000

$ 3,000

These computers and accessories will be purchased by the University and reimbursed at actual cost by the Contractor.

Additionally, the University will provide equipment needed for debit and credit card transactions at each point of sale terminal and will be reimbursed by the Contractor for the equipment.

16.22.7 University Equipment Warranties

For equipment provided by the University, the University makes no implied or expressed warranties, including, but not limited to, the implied warranties of merchant ability and fitness for a particular purpose. However, the

Contractor shall have the benefit of any warranty or guarantee given the University by the manufacturer or the seller of the equipment.

16.22.8 Ownership and Removal of Supplies and Equipment

Ownership of all non-expendable supplies and capital equipment shall remain with the University, and such nonexpendable supplies and capital equipment shall not be loaned or removed from the University without prior written approval. The Contractor shall take such measures as may be reasonably required by the University for the protection against loss by pilferage or destruction.

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RFP PS-15-2496

16.22.9 Surplus

The Contractor has the responsibility to consult with the University on the disposition or use of excess capital, nonexpendable or expendable dining service supplies and equipment. The disposition of declaration as surplus shall be the responsibility of the University and in accordance with state inventory control procedures. Surplus items shall be removed from the inventory list as appropriate.

16.22.10 Lease Equipment

The Contractor shall make contracts for and payments on all lease rental dining service related equipment.

16.22.11 Purveyor Owned Equipment

Purchase of products (food or supplies) which require equipment for their dispensing such as brewed coffee, fruit juice, and cappuccino, and have the equipment and service costs prorated in the cost of their product, shall not be purchased for use at the University without prior approval of the University. If a lease agreement is required for carbonated beverage dispensing equipment, it shall be signed by and held in the name of the University for use by the Contractor as the University's agent.

The Contractor shall provide all equipment necessary for brewing and/or dispensing of beverage products.

16.22.12 Telephone Equipment

The University shall provide the Contractor with telephone equipment/campus network service, installation and repair service. The University shall determine the style, number and locations of equipment to be provided. The

Contractor, at its option, may install additional equipment at its expense.

The Contractor shall have access to local and long distance service using equipment provided by the University and shall reimburse the University on a monthly basis at rates the University pays for lines, local and long distance service.

The University shall pay for equipment repair and replacement and line maintenance unless such is necessary as a result of Contractor negligence or abuse.

16.22.13 Vehicle(s)

The Contractor shall supply vehicle(s) to transport dining service items throughout campus. The Contractor shall provide qualified staff to operate the vehicle(s). The Contractor shall be liable for damages or injuries caused by the negligent operation of said motor vehicle(s) by the employees or agents of the Contractor. Currently the Contractor supplies two vehicles – one truck and one cargo van. The contractor is responsible for working with University parking

Services to pay for parking permits and make appropriate arrangements for parking needs.

16.22.14 Food Service Linens and Uniforms

The Contractor shall provide an adequate inventory of table linens, skirting, employee uniforms, aprons, jackets, towels, bar swipes, pot holders, and such other related dining service linens. The Contractor shall be responsible for the laundry service, dry cleaning, repairing and maintaining of an adequate inventory of these items.

Selection of employee uniforms and table linens shall be mutually agreed upon by the University.

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RFP PS-15-2496

16.22.15 Equipment Storage for Contractor

Equipment owned by the Contractor but not used in the delivery of services to the University may not be stored in

University facilities for more than thirty (30) days without written permission of the University.

Loading docks are not available for storage of pallets, food equipment, carts, containers, etc. Storage for these items will be negotiated with the Campus Contract Administrator.

16.22.16 Inventory upon Contract Termination or Expiration

On expiration or termination of this contract the inventories of food, equipment, and supplies of the Contractor shall remain those of the Contractor unless purchased by the new Contractor. Arrangements for removal or assumption of these inventories by the new Contractor shall be completed by the start of the new contract.

16.22.17 New Contractor Access

A new Contractor shall have access to the premises at reasonable times, as determined by the University, prior to the termination or expiration of the present contract. The University shall determine and coordinate required arrangements for this access. A new Contractor shall not interrupt or disturb the operation of a present Contractor.

16.22.18 Lease of Space

Equipment, dry stores, refrigerated and freezer storage required in addition to such spaces deemed adequate by the

University may be leased from the University if available. A square footage charge comparable to commercial handling and storage rates for similar services shall be invoiced to the Contractor on a monthly basis as a separate transaction from those related to other terms of this contract. Space lease terms shall be determined by mutual agreement of the University and Contractor and amended to the contract after prior approval of system Procurement office.

16.23 Utilities

University shall provide heat, air conditioning, sewer, electricity, steam and cold and hot water. The Contractor agrees to exercise care to keep use of these energy services to a minimum and to comply with established energy conservation practices, regulations and policies and mutually endeavor to conserve the use of energies.

The University shall not guarantee an uninterrupted supply of water, steam, electricity, gas, telephone, computer network connection, heat, air conditioning and high or low temperature refrigeration. However, it shall use its best efforts in restoring services following an interruption. The University shall not be liable for any product loss that may result from the interruption or failure of any such utility services or equipment.

16.24 Facility Space

16.24.1 Space Needs

The University permits the Contractor to use such spaces as necessary to carry out the terms of this contract; such spaces, as defined by the University, as areas for Dining Services equipment and limited supplies. Subsequent modifications of space needs shall be subject to mutual agreement of the University and Contractor.

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RFP PS-15-2496

16.24.2 Use of Dining and Service Areas by University

The University may use the dining and service areas from time to time for meetings, dances, and other student activities, etc. Appropriate setup and cleanup shall be undertaken by the University's personnel at no cost to the

Contractor. Facilities shall be restored to conditions mutually satisfactory to the Contractor and the University before the next regularly scheduled meal service. Restoration shall involve maintenance and sanitation to the areas, dining and service equipment, and trash removal.

16.24.3 Use of Non-Food Service Areas by Contractor

When the Contractor uses areas which are not primarily intended for dining service (e.g., meeting rooms and lounges) for such purposes as may be required (catered meals, beverage service, receptions, etc.), appropriate setup and tear down shall be undertaken by the University. When the Contractor caters in a non-food area, the Contractor is responsible for prompt removal of food equipment and food residue from the area, following the completion of the meeting.

When the Contractor uses regular dining service dining areas and arrangements for set-up are required, appropriate setup and breakdown of dining service equipment shall be undertaken by the Contractor. The Contractor is required to pay room rentals for meeting rooms related to corporate meetings. The University shall be responsible for room set-up and support of audio-visual equipment. The Contractor shall be responsible for cleanup.

Catering and beverage service setup requirements shall be coordinated by the University Reservations Office.

16.24.4 Condition Upon Contract Termination

Upon termination or expiration of this contract, the Contractor shall vacate the premises and deliver the premises to the University in the same condition that the premises were in at the time the Contractor entered the premises hereunder (reasonable use and wear expected). The Contractor shall, at its sole expense, repair any damage to the premises caused by the Contractor.

16.25 Safety and Security

16.25.1 Facility Security and Key Control

The Contractor is responsible for control of keys and combinations obtained from the University and the security of those areas that are used by its representatives. Designated employees shall have the responsibility for determining that all equipment has been turned off, windows are closed, lights and fans are turned off and doors locked. The

Contractor shall be responsible for immediately reporting all the facts relating to losses incurred as a result of breakins to areas of the University. The University shall designate the authority who shall receive these reports and be responsible for key and combination control.

The Contractor is responsible for the purchase of padlocks and other security devices not currently provided by the

University that may be required by the Contractor to further ensure revenue, product, or property security within the dining service areas. The Contractor will provide duplicate keys for all padlocks purchased by the Contractor. The

Contractor shall provide all safes for their use in securing valuables and currency.

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RFP PS-15-2496

The University and Contractor shall mutually determine the additional security measures required to control unauthorized access to all dining service areas included in this contract. The University and Contractor shall mutually determine their responsibility for the cost to provide initial and future additional security.

16.25.2 Area Security

Contractor's staff shall open, close, and check University's dining service facilities as instructed and required by

University. University shall furnish instructions and initially train Contractor's full-time managers in approved procedures.

16.25.3 Lock Cylinder/Key Replacement

The Contractor shall be responsible for the cost of replacement of lost keys and re-keying and replacement of lock cylinders required as a result of its negligence and/or loss of keys. The Contractor is responsible for all costs associated with changing safe combinations.

16.25.4 University Security

The University shall provide the Contractor with campus protection and security services currently available to dining service, such as night patrol, door checks, security consulting, call response, etc. This service shall not include armored car service.

If the Contractor requires additional security, it shall be provided by, or coordinated through, the University Police, for which Contractor agrees to pay prevailing charges. In addition to Police staff, the Contractor may supplement with additional supervisory staff. No other security staff may be employed by Contractor. Contractor shall follow the

University's policies in dealing with improper conduct, and shall report all incidents to the University Police.

Emergency calls shall be reported as promptly as possible to the University Police with notification of incident to proper campus representatives as outlined in the emergency reporting guidelines.

16.25.5 Safety Requirements

All material, equipment and supplies provided by the University and Contractor must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, rules of the Industrial Commission on Safety, and all applicable OSHA Standards.

During the course of this contract, the Contractor is fully liable for public and private protection while work is in process at any site identified as a potential hazard. The Contractor must provide prominently displayed warning devices and/or signs that are in compliance with the aforesaid safety regulations.

All hazardous conditions, physical surroundings, and equipment, or fire shall be reported immediately to the

University. Verbal reports will be followed with written reports by the Contractor within twenty-four (24) hours listing details of the posed hazard.

An aggressive program of accident prevention and safety education shall be instituted by the Contractor. Proper instructions and training shall be provided on the use of equipment and techniques of handling food to aid in the goal of having an accident free and safe environment. First aid supplies, fire extinguishers and fire alarms will be available for use as needed. Employees are to be trained by the Contractor on where to find them and how to use them. All injuries and accidents are to be reported to the University the day they occur.

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RFP PS-15-2496

16.25.6 First Aid Equipment

The Contractor shall be responsible for the costs of first aid equipment and supplies in all production and service areas.

16.25.7 Fire Extinguisher System

The University shall furnish and maintain fire extinguisher equipment and supplies, including automatic hood extinguisher systems and the Contractor shall notify the University immediately of extinguisher use.

16.26 Sanitation

16.26.1 Highest Standards Required

The premises, equipment and facilities shall be maintained throughout the life of this contract in condition satisfactory to the University and in compliance with Chapter HSS. 196, 198 and 50.50 of the Wisconsin

Administrative Code. Thus, the Contractor shall adhere to the highest standards of cleanliness and sanitary practices to ensure continual sanitation in all functions and matters related to the execution of the terms of this contract including food handlers' appearance and performance in the preparation, service, transport and storage of food and related items.

16.26.2 Right of Inspection

The University shall have the right of inspection of all Dining Service areas, dining facilities, storage and auxiliary service rooms and the operation of the Contractor with respect to the quality and quantity of Dining Services, the method of service, opening and closing hours, and generally with respect to use, safety, sanitation and the maintenance of said premises, all areas shall be maintained at a level satisfactory to the University. The University shall have the right to establish reasonable regulations from time to time with regard to such matters, and the Contractor agrees to comply with such regulations. Authorized representatives of the University shall have full right of access to all areas of said premises at any and all times.

16.26.3 Facility Inspections

Consultant inspectors of the Wisconsin Division of Environmental Health and Milk Certification Section and/or Agent

Health Departments of the division, and campus safety and sanitation personnel shall have complete cooperation and access to all dining service, production and storage areas on inspections which they may conduct. These inspections may be at the request of the University or at said agency's own discretion. A management representative of the

Contractor shall conduct equipment and facilities maintenance and sanitation inspections periodically. Supplier representatives who normally provide equipment and product inspections and reports as part of their services shall be encouraged to perform frequent inspections and shall furnish a copy of each report to the University and

Contractor. The Contractor is responsible to implement corrective operating measures required as a result of these inspections and reports within ten days of notification and by mutual agreement of the University.

Should the Contractor fail to meet the sanitation standards required by this contract or of any agency having jurisdiction, or fail to comply with the University rules and regulations concerning protection from fire and panic or general safety, the University reserves the right to hire outside Contractors to perform the necessary work, or have this work done by University staff personnel; and, in either case, chargeback the Contractor at actual labor and

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RFP PS-15-2496 materials costs plus twenty-five percent (25%) of the labor and material total cost. The University reserves the right to withhold payment for services not rendered by the Contractor as set forth in this contract.

16.26.4 Daily Sanitation Inspections

A management representative of the Contractor shall conduct equipment and facilities maintenance and sanitation inspections daily and upon request provide a copy of the inspection report to the Campus Contract Administrator.

Supplier representatives who normally provide equipment and product inspections and reports as part of their services shall perform frequent inspections and shall furnish a copy of each report to the Campus Contract

Administrator and Contractor. The Contractor is responsible for implementing corrective operating measures required within ten days of notification with the mutual agreement of the Campus Contract Administrator. (See

Appendix II for example of sanitation inspection/report.)

16.27 Cleaning

16.27.1 Contractor and University Responsibilities

The Contractor shall provide the personnel, equipment, and supplies to complete all required housekeeping, cleaning, maintenance, and sanitation service for all dining service operation areas and equipment on a daily basis, including during and between meals. This shall include, but not be limited to: production areas, serving kitchens, refrigerators, freezers, designated storage areas, trash, garbage, and recycling areas. The Contractor agrees to keep all areas organized.

The University will provide area diagrams for each building and appropriate guidance on cleaning procedures. The

University shall provide custodial service for all dining areas and hallways leading to service areas.

Within each building, the Contractor and University responsibilities shall be:

Whitney Center:

The Contractor shall be responsible for cleaning tables and chairs and picking up items that can’t be vacuumed during and at the completion of service hours in dining areas. The Contractor shall be responsible for the areas behind the serving lines and production and storage areas. The Contractor is responsible for cleaning of Whitney Center dock on a regular basis including sweeping and mopping the floor, removing pallets and returnable shipping containers, cleaning spills, and removing garbage.

The University shall be responsible for maintaining floor surfaces at the close of service each day in the Whitney

Center dining facility. This includes all service, dining, and multi-use areas but excludes the areas behind the service lines and production and storage areas. The University shall be responsible for vacuuming, mopping, sweeping and floor restoration in the Badger Street Station entryway and seating area, Chars/Flying Star entry and seating area, and the Main Dining entry and seating area. In addition, the University will clean the tile area in the Main Dining Room between meal periods after the area has been swept and items picked up by the contractor. The University will perform floor restoration needs in food service areas between semesters. The University shall be responsible for cleaning up trash outside of the building entrances.

The University will provide appropriate guidance as needed on cleaning procedures between and after all meals served.

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RFP PS-15-2496

Cartwright Center (Main Deck, State Room, The Cellar, Cyber Café)

New Student Center (Specific locations to be identified after construction)

Murphy Library (Murphy’s Mug):

The Contractor shall maintain cleanliness Monday - Friday between 7 a.m. – 11 p.m.

Cleaning tasks include but are not limited to:

Wipe tables and chairs – avoiding pushing debris to floor

Return dining service dishes and trays to the dish belt

Straighten tables and chairs

Empty garbage

Wipe down garbage cans (including washing out inside of inner liners once/week)

Pick up items that can’t be vacuumed

Spot clean food/drink spills as needed-(don’t leave it to set in)

The University shall vacuum carpets, spot clean carpets, clean tile floors, and reset furniture on a daily (7 days per week) basis after serving hours of each dining operation.

Cartwright Center The Galley:

The Contractor shall provide the personnel, equipment, and supplies to complete all required housekeeping, cleaning, maintenance, and sanitation service for production areas, serving kitchens, refrigerators, freezers, designated storage areas, trash, garbage and recycling areas, service areas, hallways, and stairs regularly used by food service.

The University will provide appropriate guidance as needed on cleaning procedures between and after all meals served.

Cartwright Center - Service Elevator:

The Contractor shall perform cleaning responsibilities daily. Daily cleaning tasks include but not limited to sweeping and mopping the floor:

The Contractor shall perform the following a minimum of once a week and provide a cleaning schedule to the

University:

Wipe down protective wall material

Wipe down stainless material

Cartwright Center Loading Dock:

The Contractor shall perform all upper loading dock cleaning responsibilities. Cleaning tasks include but are not limited to sweeping and mopping the floor, removing pallets and returnable shipping containers, cleaning spills, and removing garbage. The loading dock must be accessible to Valhalla at all times.

The Cartwright Center custodial staff will perform a thorough cleaning of the loading dock during academic breaks.

Cartwright Center and University Meeting Rooms:

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RFP PS-15-2496

After catered events, the Contractor shall clean tables, pick up items that can’t be vacuumed, and empty trash receptacles. The University shall clean and vacuum the floors and reset furniture.

After non-catered events, University Center staff are responsible for picking up items that can’t be vacuumed and emptying trash receptacles. The University shall clean and vacuum the floors and reset furniture.

The University provides dressing rooms for staff in Whitney Center and the new student center. The Contractor is responsible for cleaning these areas on a regular basis in accordance with University cleanliness standards on a regular basis.

All cleaning chemicals will be designated as green products. A list of green products that the University uses is listed in

Appendix II.

16.27.2 Major Cleaning

The University shall be responsible for end of semester major cleaning, in dining areas as assigned in dining areas as assigned in each area above. The Contractor shall be responsible for end of semester major cleaning in dining areas as assigned in each area above.

16.27.3 Housekeeping

The Contractor shall do everything possible to protect customers and employee’s health and safety by operating clean, safe and sanitary premises. To make the facilities maximally appealing to customers, the Contractor shall employ housekeeping and sanitation programs that meet the highest standards of cleanliness. Daily procedures to meet this standard shall include, but not be limited to, the following:

Regular bussing of all dining and seating areas.

Sanitizing the tables after each meal.

Wiping and spot washing chairs as necessary.

Removing trash from dining room trash receptacles and depositing it in the dumpsters.

Cleaning all kitchen and serving area equipment after its use.

Regular monitoring of the dining and serving areas to identify and swiftly correct deficiencies in any of these areas.

Spilled food products shall be promptly cleaned up in all service, production and dining areas.

16.27.4 Pest Control

The Contractor shall be responsible for the cost and maintenance of insect and pest elimination in all dining, production, serving, storing, preparation, receiving and waste removal areas, vehicles and transport equipment.

These areas include dish-rooms and dining service elevators. The University shall be responsible for insect and pest elimination in all mechanical rooms, meeting rooms, public restrooms, the elevator used by the public, and electrical rooms.

Contractor shall provide once a month service as a minimum with special clean-out service twice in one month at semester break and twice again in May. Contractor agrees to provide as many visits per month as University might

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RFP PS-15-2496 require of Contractor’s exterminator to eliminate insects and pests. Contractor shall maintain records as may be required to identify problem areas for University and exterminator.

Contractor shall designate an employee who shall accompany the exterminator through the buildings when they are treated; schedule all treatments with University representative; and coordinate. The Contractor shall cooperate with the University to keep these costs to a minimum.

16.27.5 Item Specific Cleaning

The University is responsible for cleaning ceilings, drapes, and light fixtures; including maintenance and replacements.

The Contractor shall be responsible for cleaning walls and windows in kitchens and service areas on a mutually agreed schedule.

16.27.6 Stripping and Sealing of Floors

The University shall be responsible for the periodic stripping and sealing or waxing of floors in the dining service dining areas as determined by mutual agreement. The University shall furnish at its expense the necessary equipment and supplies.

16.27.7 Hood Ducts and Vent Cleaning

The University is responsible for the periodic scheduled cleaning of hood ducts, plenums and related vents and fans.

The Contractor shall be responsible for routine cleaning and maintenance of hoods and filters and for ensuring that all hoods are operated only when proper grease filters are in place. In the event of improper operation, the Contractor shall be responsible for the costs of the immediate, unscheduled cleaning of hood ducts, plenums, and related fans and any other damage caused by the negligent usage.

16.28 Sustainability

16.28.1 Products Grown Locally and Regionally

The Contractor will collaborate with the University for the potential purchase and use of products grown locally and regionally if said products meet the appropriate risk management, health codes, etc. The Contractor will work with the University to implement the sustainable dining plan (See Appendix II). The University encourages a minimum of

20% of purchases be made from local and regional producers within the Seven Rivers Region with an expectation for growth in this area over the life of the contract. The Contractor will provide monthly procurement reports specifying purchases made with local and regional producers.

16.28.2 Dining Vehicle Low Emission Recommendation

The Contractor is encouraged to have 100% of dining vehicles rates as low emission, super ultra-low emission, or zero emission.

16.28.3 Certified Green Restaurant

The University has a goal to have a retail restaurant in the new student center as Certified Green Restaurants by the Green Restaurant Association.

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RFP PS-15-2496

16.28.4 Tray-less Program

The Contractor is required to offer a tray-less program in all units/restaurants with the exception of the Galley and for special need students and staff. The new student center will also be tray-less.

16.28.5 Waste Program

The Contractor will be expected to collaborate with the University to develop a pre-consumer/post-consumer waste program for use with the vermin-composter.

16.28.6 Compostable paper Products

The Contractor is encouraged to use compostable disposable paper products with picnics and pack outs. These items will be bagged separately and returned to campus for composting.

16.28.7 Sustainability Program Annual Review

Sustainability efforts will be reviewed by June 30 annually for effectiveness and comparison/alignment to goals of the University sustainability initiatives. Upon these reviews and upon mutual agreement between the Contractor and the University, pending notification of and approval from the UW-System Procurement Office, appropriate adjustments/amendments to the contact will be made.

16.28.8 Recycling

The Contractor shall use recyclable packaging materials, cups, sick tray containers, plates and similar items as much as possible.

Chapter 266 State Statutes:

The Contractor shall comply with University and State policies and procedures related to recycling of waste materials, purchase of recycled materials and participate in required waste separation programs. The University shall arrange for space and/or suitable containers required for recycling.

The Contractor shall assist the University in providing data supporting their program participation.

The Contractor shall develop programs, approved by the University, to reduce the use of disposable items that are not recyclable and separate for recycling the following materials that are generated as solid waste by the University and Contractor:

Aluminum containers

Corrugated paper or other container board

Glass containers

Magazine or other material printed on similar paper

Newsprint

Office paper

Plastic containers #1-#7

Steel containers, aerosol cans, paint cans

Recyclable Materials and Trash Removal:

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RFP PS-15-2496

The University will provide dumpster service for trash and garbage under separate contract. The Contractor is encouraged to recycle. No charge will be made for service of recycled items properly separated by the Contractor.

Cooking Oil Recycling Container:

The Contractor will pay for the prompt off-premise removal of cooking oils and greases to a recycling facility. This will require the Contractor to pay for the rental, lease, purchase, or loan of an exterior collection container. Contractor will follow practices outlined by the University Hazardous Waste Management Manager for transporting used cooking oils.

Waste Containers:

Unless otherwise indicated in this section, the University shall provide waste and recycling containers in sufficient quantity to maintain sanitary standards for trash and recycling disposal. The Contractor shall provide trash bag liners as needed. A minimum of 1.9 mil weight must be used for all trash liners. Waste and recycling containers shall be kept in a clean and satisfactory condition at all times, and emptied by the Contractor to maintain sanitary and aesthetically pleasing conditions.

16.29 Charges and Commissions

16.29.1 Separate Accountability

Separate accountability for each type of service resulting from this contract shall be required of the Contractor.

16.29.2 Charges to University

Residence dining other than the declining balance program shall result in a charge by the Contractor to the University per authorized boarders on contract per scheduled days and fraction of days served. Campus Cash sales through all dining areas shall also result in a charge by the Contractor to the University.

Resident contract dining services shall result in a per meal used charge by the contractor to the University. Meal plan,

Faculty/Staff Campus Cash sales through all dining areas shall also result in a charge by the contractor to the University.

The contractor will NOT be paid for unused meals, campus cash, or dining dollars.

16.29.2.1 Fixed Monthly Commission/Annual Guarantee Total Commission

Net cash and Campus Cash sales (gross sales less State Sales Tax) shall result in a fixed commission return monthly to the University or an annual guarantee total commission of two hundred thousand dollars ($200,000) whichever is greater. Cash, debit, Campus Cash and charge sales include revenues from Residence Dining service individual meal purchases), catering and conference sales, all sales from Retail dining services, including malt liquor and alcoholic beverages, and convenience store sales. Cleary Center Commission

The Cleary Center has a standard 15% commission for all individuals catering at the facility. Catering done at the

Cleary Center by the contractor will be split with 10% paid to the Cleary Alumni Center and 5% paid to the

University Centers. The alcohol commission will be 10%. Alcohol commission will be split 50/50 between the

Cleary Alumni Center and University Centers.

16.30 Liability for Revenue and Expense

A glossary of revenue and expense identification is provided in Appendix I.

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RFP PS-15-2496

16.31 Statements, Audits, Payments and Billings

16.31.1 Revenue and Expense Statements Due to University from Contractor

Not later than the 20th day following the last day of each accounting period the Contractor shall provide the Campus

Contract Administrator and System Procurement office with a complete set of revenue and expense statements. The categories in the section of liability for revenue and expense items shall be used as a guide to line item revenues and expenses.

16.31.2 Operating Statement Requirements

Each operating statement on a composite basis shall present revenue and expense accounts for the period being reported and fiscal year-to-date accounts with percentage ratios given for each item and period.

The Contractor shall provide the University with a glossary description of revenue centers as part of the initial period statement submittal. Revisions to the revenue centers reported shall be provided the University on a current basis.

The Contractor will provide a revenue line which represents the rebates generated by the campus account and provided to the parent company. These rebates must be distributed in the local profit and loss account.

The Contractor shall provide a period operating statement of revenue and expenses. Appropriate separate line revenue categories shall be identified on each period statement. In addition, a combined statement of all types of service shall be required.

Residence Dining Service Line Item Revenue Categories:

Contract meal service contractor charge

Cash from Residence Dining contract meal service

Block plan meal sales

Conference and summer camp sales

Non-commission sales

Convenience store sales

Campus cash

Catering sales

Other sales

Contractor charge to the University for Meals Used

Cash Sales

Point Sales

Retail Dining Service Line Item Revenue Categories:

Cash Sales

Catering Sales

Block plan meal sales

Conference and Summer Camp Sales

Malt Liquor Alcoholic Beverage Sales

Non-Commission Sales

Convenience store sales

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RFP PS-15-2496

Campus cash

Rebates

All retail Operations by Unit

Other

Point Sales

16.31.3 Operating Statements Accompanied by Payment and Invoice To University

All operating statements shall be accompanied by respective payments and invoices to the University. Abnormal revenue and expense deviations shall be explained by the Contractor as part of these statements. The University shall be prompt in processing the Contractor's invoices in an effort to ensure payments are made in a timely manner within thirty (30) days of receipt provided the invoices are submitted in accordance with instructions provided by the

University and that required services have been provided to the University.

Annual guarantee, commission, and all charges to contractor not received by the University on the 20th day following the last day of the period in which they were earned or invoiced shall be paid by the Contractor plus an interest penalty on the commission due at the prevailing interest percentage and conditions the State of Wisconsin uses for delinquent income tax.

16.31.4 Reporting Period

The University's fiscal reporting period is July 1 through June 30 and it is desired that the Contractor's year-to-date reports correspond with this period. A month shall be a calendar month. A week shall run from Sunday through

Saturday. Contractors with manual service at more than one University of Wisconsin campus shall provide period statements that are uniform for each type of service at each University as nearly possible as the terms of each contract specification permit.

16.31.5 Operating Statement Review

On request of the University, the Contractor shall meet with the University and review each operating statement, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Operating statement adjustments required as a result of review and/or audit shall be identified and reflected on the next period statement.

The Contractor's revenue and expense statements and their contents shall be retained, used, and treated in strict confidence by the University. The Contractor's revenue and expense statements, in total, shall not be provided third parties without the express prior written approval of the Contractor in accordance with public records laws.

The Contractor will provide monthly procurement reports specifying purchases made from local distributors and purchases made from local producers within the Seven Rivers Region.

16.31.6 Record Retention

The Contractor shall keep in a safe place all financial records and statements pertaining to the operations of the

University for a period of three years from the close of each year's operation. All records pertaining to the operations of Dining Services shall be open for inspection and/or audit by the State and/or University of Wisconsin System.

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RFP PS-15-2496

The University's representative or selected auditors may annually or more often if deemed necessary examine all financial and operational phases of the Contractor's services. Periodic reviews, conducted jointly by representatives of the University and the Contractor shall be made to ensure that the staffing pattern, menu pricing structure and other phases of the operation are conducted in the most efficient manner. The purpose of the review is to ensure that the University is provided with a quality, convenient dining service, under sanitary and healthful conditions, at the most reasonable prices possible.

16.31.7 Contractor Internal Audit

The University shall be informed by the Contractor of the schedule of the Contractor's audit of the records and operations at the University. The University shall have the option to participate in the Contractor's audits and shall receive full report of these audits.

16.31.8 Point of Sale Information

The University shall be advised by the Contractor each year/month of the last day of each accounting period. After the last meal served each quarter or accounting period, the University may read out the sales recorded on each point of sale.

At the end of each accounting period, the Contractor shall provide on request of the University the totals for each point of sale used during the period. The recorded sales for each dining service unit shall be used by the University to reconcile reported period sales.

16.31.9 Collection and Billings

Collections and billings for special events, catering, conference, etc. shall be made by the Contractor directly to the organization or individual sponsoring the event. The Contractor may bill the Accounts Payable Office directly. A courtesy copy shall be sent on a timely basis to the department being charged to ensure that the billing is correct. All invoices for Continuing Education functions need to be approved prior to payment by Continuing Education personnel.

If necessary, an appropriate administrative office of the University shall assist in making collections when the

Contractor's customary collection efforts have been unsuccessful. Charges of the Contractor for the services not permitted by or beyond the scope of this contract shall be an expense of the Contractor and shall not be an expense of the University.

The University shall follow required procedures for interest payment on invoices for catering/ conference services when submitted per required procedures unless the Contractor provides the University written permission to waive the interest penalty on a specific invoice.

The University shall audit catering and conference sales reported on the period operating reports. Reported cash and charge sales shall be reconciled to University facility reservation records, customer catering number sequence invoices, and event menu and arrangement contract on a periodic basis.

16.31.10 Unpaid Accounts

At the end of each year of the contract or on expiration or termination of the contract any unpaid accounts that are not collectible shall remain the responsibility of the Contractor.

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RFP PS-15-2496

16.31.11 Partial Service Day Charges

For the purpose of computing charges for partial serving days, the Contractor shall charge the following percentages:

Breakfast :

Brunch/Lunch:

Dinner:

16.31.12 Sales Tax

15% of a serving day

40% of a serving day

45% of a serving day

Sales tax collected shall be deducted from gross receipts, before computing the State and Local Sales Tax, provided the customers are advised of the amount of sales tax they are paying by posted sign or printed notice. (Divide gross receipts by 1.055).

16.31.13 Purchases and Expenses

The taxes or costs described below which are applicable are components of the financial consideration of this contract.

Payroll taxes for the Contractor's employees shall be paid by the Contractor to the appropriate Federal, State or local authorities.

Licenses and Permits, such as health and dining service permits, shall be paid by the Contractor to the appropriate State and local authorities.

All purchases of non-food supplies [except certain disposable one-time use containers resold with meals, per

Sec. 77.54 (6)(b)] for use in the performance of this contract are subject to the State sales and use tax and

Contractor shall pay the tax to the supplier or to the proper government agency.

State and local property taxes are applicable to the Contractor's inventory of food and supplies. Currently, there are no known taxes based on gross receipts (other than the sales tax, covered elsewhere herein) applicable to this contract.

16.31.14 Service and/or Sales

This section covers the exempt status of the University with respect to sales tax and the relationship of sales tax to the various services provided by the Contractor.

16.31.15 Billing to University

The University qualifies for the sales tax exemption as a non-profit educational University under Wisconsin Sales Tax

Law, Sec. 77.54 (9a) and in support thereof.

16.31.16 Applicability of Sales Taxes

State and local sales taxes do not apply to charges for or agreement by a student for student meal plans and Campus

Cash accounts. Charges for meals served to the public are not exempt.

16.31.17 Other Services and/or Sales

Sales tax applies to all direct sales of meals and vended items to students, faculty, guests and other, per Sec. 77.52(2).

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RFP PS-15-2496

16.31.18 Charges to the Contractor

At the start of each contract year, the University shall issue the Contractor Standard Procedure Instructions detailing the terms and amounts of charge-back payments due the University per specifications for services provided with copy to the System Procurement office for prior approval and amending to contract.

For the first year of the contract, these minimum charge-backs are estimated to be:

CBord Access Control System/Micros

Licenses

Computers/Printers (as needed)

Custodial

Special Programs: Cellar Programming

$19,250

$ 1,295

$15,000

$28,047

$6,000

Pest control $3,000

Telephone Service (local & long distance) $5,000

These charges shall be adjusted annually based on actual costs received by the University. In addition the

Contractor will provide $5,000 per year for student organization catering assistance.

16.32 Meal Rate Billings and Escalation

16.32.1 Billings

On a weekly basis, the University shall pay the Contractor an amount equal to the total student meal days and partial meal days at the contract rate on boarding counts, and an amount equal to Campus Cash and block meal sales for the previous week. The University shall not pay the Contractor an advance payment for Retail dining, Residential dining service, and block meals.

In recognition of changes in the total number of resident and non-resident boarders on contract, the University shall adjust the per-day boarder rates on an increment sliding scale of plus or minus one hundred fifty (150) boarders.

The boarder count range to be used for billing for the year shall be based on the combined number of boarders on each of the standard plans, excluding faculty and staff at the start of classes the fourth (4 th

) week first semester. The resultant board rate charges shall be retroactive to the first partial or full day of service. The range of boarders established the fourth (4 th

) week of classes first semester shall apply for the entire year.

16.32.2 Escalation

Board rates and meal prices quoted shall be escalated the same percentage change as determined each year as a result of changes in the Consumer Price Index, North Central Region Averages, All Urban Consumers, Food Away From

Home Index. Changes in this index shall be used to determine any increases or decreases in this charge. The first adjustment shall be effective March 2015. For subsequent years of the contract this formula shall be used. The board rate and meal rate changes shall be effective at the start of each academic year as determined by the

University.

The base annual average for the CPU-I Food Away From Home Index shall be the twelve (12) months, July 1 through

June 30 of each fiscal year.

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RFP PS-15-2496

The initial board rates quoted and the newly established rates effective September 1 of each contract year, shall be the base board rates from which the amount of the rate escalations is determined. The September base rates shall remain fixed until the following September 1.

July-December 2015

January –March 2016

Index Changes

Average Base Period: July, 2015 – June 2016

Effective

March 2016

June 2016

April-June 2016

July-September 2016

September 2016

December 2016

October-December 2016 March 2017

The University shall not pay the Contractor more than the amount provided by the escalation; however, the

Contractor, at its option, may agree to accept less.

In the event of change in definition of the index used, the University shall determine the changes necessary in determining an escalation.

The amount of the escalation shall be subject to applicable Federal Court regulations, if any, and shall not exceed the amount permitted by such regulations.

Block meal prices shall escalate throughout the year with the price being set annually set on September 1. The first block meal price adjustment shall occur September 1, 2016.

16.33 University/Contractor Co-Sponsorships

16.33.1 Cellar Programming

Annual payments for University/Contractor Co-Sponsorship of Cellar Programming shall be paid in full to the

University in two installments. The first shall be paid on or before September 1 and the second shall be paid on or before January 1.

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RFP PS-15-2496

Section C

1 Cost Proposal

COST PROPOSAL FORM FOR DINING SERVICES, UNIVERSITY OF WISCONSIN–LA CROSSE:

We, the undersigned, in compliance with Proposal Request Number PS-15-2496 for Dining Services, dated November

21, 2014, hereby propose the following charges and commissions for Residence and Retail dining services at the

University of Wisconsin-La Crosse, as follows. In making this proposal we acknowledge that we have read and understand this Proposal Request, and hereby submit our proposal in accordance with the terms and conditions of the proposal specifications and agree to fulfill our legal obligations pursuant to these Dining Services contractual provisions.

Alternate proposals shall only be considered if the proposer submitting the alternate meets the University’s qualifications and is under consideration of contract award based on their response to the requirements of the enclosed Proposal Submittal Form.

1.1 Residence Board Rate Charges:

In consideration of Academic Term Residence Dining Services provided those individuals on Residence board contracts the Contractor shall make charges to the University of: (carry out to four decimals). Fixed Board Cost evaluation shall be based on 206.35 serving days.

Sliding Scale Rates per Serving Day per Boarder

Total Boarders: Plan A

All Access Plan

Rate per Boarder:

Plan B

Any 14

Rate per Boarder:

2749 and Under $

2750 - 2899

2900 - 3049

3050 – 3199

3200 - 3349

$

$

$

$

3350 -3499 $

3500 - Up $

Block Meal: $

Block meal cost shall escalate throughout the year; however, the prices will change once per year on September 1.

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1.2 Residence Board Rate Escalation

For Purposes of escalation of the per meal rate, the contractor shall establish _____________( ____%) of the amount of the base board rates for which escalation shall be provided for food, labor and supply costs. This percentage shall not be less than seventy-five (75%) nor greater than ninety percent (90%)

2 Commissions and Guarantees

The Contractor shall pay a period itemized commission on Net, Cash and Charge Sales as follows:

Cash and Charge Sales

All Campus Cash Sales, Retail including Catering,

Alcoholic beverage, Camps/Conferences and Cash

Sales

National Non-Contractor Branded Concepts

Convenience Store

Or

Percent (%) Bid

Guarantee

An annual guarantee of two hundred thousand dollars ($200,000) per year, whichever is greater.

The Contractor, at its option, may elect to quote a lower annual guarantee of :

_________________________________________________________________($__________________________)

Note: Do not make an entry on this option unless a lower annual guarantee is intended!

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THE BELOW ADDENDA HAVE BEEN RECEIVED AND CONSIDERED IN PREPARATION OF THIS BID. PLEASE

COMPLETE THE ACKNOWLEDGMENT BY SIGNING AND INSERTING THE DATE OF THE ADDENDA.

WE ACKNOWLEDGE: ADDENDUM #1 DATE _________

ADDENDUM #2 DATE _________

SIGNED ___________________________________________

TITLE _____________________________________________

FIRM ______________________________________________

ADDRESS __________________________________________

CITY ______________________________________________

STATE ZIP ______________________________

TELEPHONE _______________________________________

FAX _______________________________________________

Email ______________________________________________

Fein ______________________________________________

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3 Standard Terms and Conditions

Pages 97 through 100.

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Wisconsin Department of Administration

Chs. 16, 19, 51

DOA-3054 (R10/2005)

Page 1 of 3

Standard Terms And Conditions

(Request For Bids / Proposals)

1.0

SPECIFICATIONS: The specifications in this request are

7.0

UNFAIR SALES ACT: Prices quoted to the State of

Wisconsin are not governed by the Unfair Sales Act. the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

2.0

DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

3.0

QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.

4.0

QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs.

5.0

DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

6.0

PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

6.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

8.0

ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the

State of Wisconsin.

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

9.0

METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.

10.0

ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

11.0

PAYMENT TERMS AND INVOICING: The State of

Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

12.0

TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel.

However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

13.0

GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

14.0

ENTIRE AGREEMENT: These Standard Terms and

Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written

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(Request For Bids / Proposals)

contract and/or order with referenced parts and attachthe plan to the contracting state agency for approval. ments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

15.0

APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of

Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and nonprocurement contracts.

16.0

ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser).

Therefore, the contractor hereby assigns to the State of

Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

17.0

ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of

Wisconsin.

18.0

WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

19.0

NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.

51.01(5), Wis. Stats., sexual orientation as defined in s.

111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

19.1 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit

Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an

"ineligible" contractor, termination of the contract, or withholding of payment.

20.0

PATENT INFRINGEMENT: The contractor selling to the

State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin

(provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

21.0

SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the

Wisconsin Administrative Code and all applicable OSHA

Standards.

22.0

WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor.

23.0

INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:

23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract.

Minimum coverage shall be one million dollars

($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

23.3 The state reserves the right to require higher or lower limits where warranted.

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Page 1 of 3

Standard Terms And Conditions

(Request For Bids / Proposals)

24.0

CANCELLATION: The State of Wisconsin reserves the

29.0

RECYCLED MATERIALS: The State of Wisconsin is right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

25.0

VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.

26.0

PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities.

Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

27.0

PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted.

However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.

27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin.

27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the

Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary

Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.

28.0

DISCLOSURE: If a state public official (s. 19.42, Wis.

Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve

(12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s.

19.45(6), Wis. Stats., before signing the contract.

Disclosure must be made to the State of Wisconsin Ethics

Board, 44 East Mifflin Street, Suite 601, Madison,

Wisconsin 53703 (Telephone 608-266-8123).

State classified and former employees and certain

University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. required to purchase products incorporating recycled materials whenever technically and economically feasible.

Bidders are encouraged to bid products with recycled content which meet specifications.

30.0

MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

31.0

PROMOTIONAL ADVERTISING / NEWS RELEASES:

Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited.

News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin.

Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

32.0

HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

33.0

FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial

Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial

Institutions, Division of Corporation, P. O. Box 7846,

Madison, WI 53707-7846; telephone (608) 261-7577.

34.0 WORK CENTER

PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of

Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat.

This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.

35.0

FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

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Section D

1 Appendix No. 1

Appendix No. 1

Informational Documentation

University of Wisconsin-La Crosse

Prepared by: Larry Ringgenberg September 2014

Potential bidders of this contract shall be provided the following pertinent information by the University, along with the specifications for this Request For Proposal (RFP). In addition, facts will be available and held (Appendix

No. 2) by the University for later evaluation by prospective bidders. The information is for the most recent and complete fiscal year. Realistic projections may be used where necessary. Where the information is applicable for both resident contract dining and retail dining services, it shall be properly identified and separated.

The statistical data provided in Appendix No. 1 and Appendix No. 2 attached to these specifications does not constitute terms of the resulting contract, nor will it become a part of the contract. Data is attached for informational purposes

1.1 Actual/Estimate Meal Plan Participation

Plan

19 Meal

14 Meal

Fall 2012

Fall 2012

Additional Blocks Fall 2012

19 Meal

14 Meal

Total Meal Plan Participants

Semester/Year Price

Spring 2013

Spring 2013

1250

1230

1250

1230

$48.67 per 10 meals

Additional Blocks Spring 2013

19 Meal Fall 2013

14 Meal Fall 2013

Additional Blocks Fall 2013

19 Meal Spring 2014

14 Meal Spring 2014

Additional Blocks Spring 2014

$48.67 per 10 meals

1225

1205

$50.50 per 10 meals

1225

1205

$50.50 per 10 meals

19 Meal

14 Meal

Fall 2014

Fall 2014

1205

1185

Additional Blocks Fall 2014

19 Meal Spring 2015 (ESTIMATE)

$51.50 per 10 meals

1205

14 Meal Spring 2015 (ESTIMATE) 1185

Additional Blocks Spring 2015 (ESTIMATE) $51.50 per 10 meals

Number of Participants

2300

805

847

2137

825

822

2634

637

1175

2443

649

1155

2751

555

345

2561

575

340

101

PS-15-2496

1.2 Block Plans Offered & Number of Participants

Total Block Plan Participants

Plan

On-Campus Block (Reuter) 75 Meals

On-Campus Block (Reuter) 75 Meals

On-Campus Block (Reuter) 75 Meals

On-Campus Block (Reuter) 75 Meals

Off- Campus Block 50 Meals

On-Campus Block (Reuter) 75 Meals

Off- Campus Block 50 Meals

On-Campus Block (Reuter) 75 Meals

Off- Campus Block 50 Meals

Off- Campus Block Off- Campus Block 50 Meals

Off- Campus Block Off- Campus Block 50 Meals

Semester/Year

Fall 2012

Fall 2012

Fall 2013

Fall 2013

Spring 2013

Off- Campus Block Off- Campus Block 50 Meals Spring 2013

Spring 2014

Spring 2014

Fall 2014

Fall 2014

Spring 2015 (ESTIMATE) 620

Spring 2015 (ESTIMATE) 345

Price Number of Participants

620 328

345 1276

620 326

345

620

345

620

1347

336

1112

317

345

620

345

1206

336

1135

325

1220

102

PS-15-2496

1.3 Meal Plans for 2014-2015 Estimated Number of Participants

Meal Plan

Meal Plans for 2015-2016 Estimated Number of Participants

All Access/All Meals

Whitney Center + $100 Dining

Dollars

Fall 2015

1,530

Spring 2016

1,408

All Access/All Meals

Whitney Center + $350 Dining

Dollars

576 530

All Access/All Meals

Whitney Center + 50 Block Meals

Traditional 14 + $100 Dining Dollars

512 471

507

Block Plan (Reuter & Off-Campus) –

60 Blocks

551

2015-16 Estimated Block Meals

(Actual Block Meals)

128,800 118,554

1.4 Estimated University Population

Fall 2011

Fall 2012

Fall 2013

Summer 2014

Fall 2014

Semester

Student Enrollment (Undergraduate and Graduate Combined)

Head Count Full Time Equivalent

10,074

10,227

9,542.9

9,661.5

10,074

3,308

10,558

9,866.6

1,255.42

10,008.65

Faculty and Staff

YEAR

2014-15

Head Count

1400

103

PS-15-2496

University Projected Growth

The University does not anticipate intentionally increasing enrollment beyond current levels.

1.5 Residence Halls Occupancy

Residence Hall Occupancy

Semester/Program Capacity

Residence Hall Program Capacity 2014-15

(with overflow used)

Fall 2013

Spring 2014

Fall 2014

Spring 2015 (ESTIMATE)

Male/Female Ratio in Residence Halls

2013-2014 School Year:

40.4% Male (1414)

59.6% Female (2093)

1.6 Summer Camp Participation

Fall 2014:

* 39.5% Male (1395)

* 60.5% Female (2144)

Summer Camps

Head Count

3180

3507

3218

3539

3330

Term

Summer 2012

Summer 2013

Summer 2014

Number of Camps

10

12

12

Head Count

455

467

502

Average

45

39

42

104

PS-15-2496

1.7 Number of Serving Days

Number of Serving Days

2012-2013 2013-2014

MONTH

AUGUST

SEPTEMBER

OCTOBER

NOVEMBER

DECEMBER

SUB TOTAL

JANUARY

FEBRUARY

MARCH

APRIL

MAY

SUB TOTAL

GRAND TOTAL

SERVE/BILL

.85

30

31

26

19

106.85

5.5

28

22.5

30

17

103

209.85

SERVE/BILL

1.7

29.85

31

26.5

17.5

106.55

6.35

28

22

30

16

102.35

208.9

2014-15

SERVE/BILL

3

30

31

26

17

107

7.5

28

22

30

15

102.5

209.5

2015-16

(Estimate)

SERVE/BILL

0

26.85

31

27

22

106.85

5.5

29

22

30

13

99.5

206.35

1.8 Meals Served 2013-14

Plan Jul Aug

19

Sept Oct Nov Dec Jan Feb Mar Apr May June

5,617 153,334 156,655 131,474 85,974 30,366 133,746 106,838 137,447 72,783

14

Block

Plan

Reuter

Plan

Res.

Life

782

157

Faculty

11

Plus

Block

1,331

244

97

43

13

20

28,595

13,481

5,007

527

94

3,182

27,777

16,524

6,093

507

184

4,403

23,262 14,992

13,494

5,617

514

105

4,648

9,539

5,602

473

59

5,040

5,906

2,515

1,155

130

34

698

25,181

380

5,398

626

119

3,176

20,073

9,740

4,517

543

111

2,566

26,204 13,825

12,610

6,214

656

111

3,541

6,582

4,290

736

82

3,664

385

128

30

6

1.9 Unused Block Meals

Note: University only pays contractor for Block Meals used. University retains all unused Block Meal funds.

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1.10 Participation Rates

106

PS-15-2496

107

PS-15-2496

1.11 Net Sales

Location

Whitney Center - Main Dining

Centennial Hall

Whitney Center - Convenience Store/Sub Shoppe

Cartwright Center – Galley

Cartwright Center – The Cellar

Murphy’s Mug

2013-14 Net Sales by Location and Type

Cartwright Center – Cyber Café-Einstein Bros.

Type/Total

Cash/Credit Card: $11,071.63

Dining Dollars/Campus Cash: $2,148.65

Sub-Total: $13,220.28

Cash/Credit Card: $72.412.84

Dining Dollars/Campus Cash: $44,570.88

Sub-Total: $116,983.72

Cash/Credit Card: $27,518.92

Dining Dollars/Campus Cash: $77,681.84

Sub-Total: $105,200.76

Cash/Credit Card: $182,247.08

Dining Dollars/Campus Cash: $57,363.43

Sub-Total: $239,610.51

Cash/Credit Card: $125,061.77

Dining Dollars/Campus Cash: $57.971.84

Sub-Total: $183,033.61

Cash/Credit Card: $18,408.75

Dining Dollars/Campus Cash: $13,406.13

Sub-Total: $31,814.88

Cash/Credit Card: $80,411.16

Dining Dollars/Campus Cash: $26,590.31

Sub-Total: $107,001.47

Totals by Tender

Cash/Credit Card: $517,132.15

Dining Dollars/Campus Cash: $279,733.08

Total: $796,865.23

Campus/Conferences/Catering

Upward Bound: $17,062.50

Koehler: $7,438.50

VIP: $8,006.77

Camps: $54,113.56

Campus Catering: $45,193.23

Campus Catering-Alcohol: $18,851.35

Cleary Center Catering-Alcohol: $558.00

Total: $486,329.13

108

PS-15-2496

1.12 Current Hours of Operation

Current hours of operation by venue for the academic year Fall and Spring Semesters (September – May)

Food Service Operation

Whitney Center Main Dining

Chars/Flying Star

Residential Dining - Current Hours of Operation – 2014-2015

Convenience Store/SubConnection

Hours of Operation

Monday-Friday; 7:00 a.m. – 7:30 p.m.

Saturday-Sunday: 9:00 a.m. – 7:30 p.m.

Monday-Thursday: 10:30 a.m. – 7:30 p.m.

Friday: 10:30 a.m. – 1:30 p.m.

Sunday: 4:30 p.m. – 7:30 p.m.

Sunday-Wednesday: 10:30 a.m. – Midnight

Thursday-Saturday: 10:30 a.m. – 1:00 a.m.

The Galley

Erbert & Gerbert’s

Einstein Bros.

Red Mango

The Cellar

Murphy’s Mug

Centennial Coffee Shop

Retail Dining – Current Hours of Operation – 2014-15

Category Hours

Breakfast: 7:30 a.m. – 10:30 a.m. (14 and 19 meal plans accepted at this time)

Chef’s Table, Sushi, Cyclone Salads, Mexican, Simply to Go: 11:00 a.m. – 2:00 p.m.

Monday-Friday: 10:30 a.m. – 8:00 p.m.

Monday-Thursday: 7:30 a.m. – 7:00 p.m.

Friday: 7:30 a.m. – 5:00 p.m.

Monday-Thursday: 10:30 A.M. – 7:00 P.M.

Friday: 10:30 a.m. – 5:00 p.m.

Sunday-Saturday: 11:00 a.m. – 10:30 p.m. (14 and

19 meal plans accepted 1:00 p.m. – 10:30 p.m. and all day Saturday and Sunday)

Monday-Friday: 7:45 a.m. – 2:00 p.m.

Sunday-Wednesday: 7:00 p.m. – 10:00 p.m.

Monday-Thursday: 7:30 a.m. – 4:00 p.m.

Friday: 7:30 a.m. – 2:00 p.m.

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1.13 Estimated Inventory Value

The estimated inventories which the Contractor may purchase from the present Contractor:

Estimated Inventory Value

Food

Paper Supplies

Category Inventory Value

$50,000

$9,000

Cleaning Supplies $3,000

Alcoholic Beverages $823

1.14 Labor Hours

Number of student and part time labor hours used in a normal week of service:

Residential Dining Service 725 hours/week for 30 weeks of Service = 21,750

Retail Dining Service 350 hours/week for 30 Weeks of Service = 10,500

What are the average student and part time employee hourly rates? (Student wage policy is in Appendix II.)

Base Rates $ 7.25.

Student managers $ 8.25 per hour

$.10 per hour raise for each semester worked for base rate employees

$.25 per hour raise per semester worked for student managers

1.15 Cost Estimates

Annual Contractor Cost Estimates by specific Category.

Category

CBord/Micros Access Control System

Annual Cost Estimates by Category

Estimated Annual Cost

$19,250

Pest Control

Licenses

$3,000

$1,295

Special Programs: Cellar Programming

Custodial Services

Computers/Printers (based on 12 computers/3 printers)

Telephone Services (local and long distance)

$6,000

$28,047

$15,000

$5,000

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1.16 Current Rates

1.16.1 Board Rates

Board Rate by Meal Plan as of September 1, 2014:

Range of

Boarders

---------

3350-3499

3500-UP

Block plan

Sep-14

2749 and under

2750-2899

2900-3049

3050-3199

3200-3349

Plan A

Any 14

------

8.3535

8.0291

7.7464

7.5265

7.4427

7.3904

7.3381

5.1084

1.16.2 Commission

Plan B

Any 19

------

8.4582

8.1337

7.8511

7.6313

7.5474

7.4951

7.4427

Block

Meal

___

5.1084

Commission on Cash sales: 15%

111

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1.16.3 Pre-Academic and Summer Meals

2014 Pre-Academic and Summer Meal Prices

The menu-based meals for summer camps include a dessert with each meal. Breakfast will be a buffet with eggs, meat, potatoes, and pancakes or toast. Students will receive a combo meal for lunch or dinner. The meal options include:

Option 1: Sandwich, French Fries, Beverage

Option 2: Burrito, Nachos, Beverage (Mexican concept will be rotated with Asian and other concepts throughout the week.)

Option 3: Baked potato, Pre-made Salad, Beverage

PLAN

DESCRIPTION

MEAL TOWER TENDER

CHARGE

Base Plan

Campus Cash

Plus

Upward Bound

Pre-Season

Camps

The prices are for the menu-based meals served in the

Galley, Cartwright Center.

The prices are for menu-based meals plus a buffet set up in Cartwright Center. An entrée is included plus a pasta plate. Minimum number of participants is 100.

USDA approved menu served in the Galley, Cartwright

Center.

Breakfast

Lunch

Dinner

Total

Breakfast

Lunch

Dinner

Total

Breakfast

Lunch

Dinner

Total

$ 4.70

$ 6.30

$ 6.40

$17.40

$ 4.70

$ 7.90

$ 7.95

$20.55

$ 4.10

$ 6.25

$ 6.25

$16.60

Proposed menus for these meals shall be submitted by the contractor yearly by June 15 for approval by the campus contract administrator after consultation with Athletic and Residence Life personnel. Pre-academic year service will be provided at different rates based on the type of service offered. Prices for 2014 are:

Full service (all you care to eat; three meals per day) - $18.30 (maximum)

Limited service (one time through; three meals per day) $16.25 (maximum)

Full service (all you care to eat; two meals per day) - $14.95 (maximum)

Limited service (one time through; two meals per day) - $12.28 (maximum)

CAMPUS CONFERENCES/WHITNEY CENTER

PLAN # OF PARTICIPANTS DINING SERVICE

COMPANY CHARGE

UNIVERSITY

OVERHEAD

TOTAL CHARGE

All You Care to

Eat (Full Service)

All You Care to

Eat (Full Service)

150-299

300-999

Breakfast: $4.76

Lunch: $5.81

Dinner: $7.33

Total: $17.89

Breakfast: $4.62

Lunch: $5.64

Dinner: $7.15

Total: $17.41

Breakfast: $ .50

Lunch: $ .50

Dinner: $ .50

Total: $ 1.50

Breakfast: $ .50

Lunch: $ .50

Dinner: $ .50

Total: $ 1.50

Breakfast: $5.26

Lunch: $6.31

Dinner: $7.82

Total: $19.39

Breakfast: $5.12

Lunch: $6.14

Dinner: $7.65

Total: $18.91

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PS-15-2496

All You Care to

Eat (Full Service)

1,000-Above

Breakfast: $4.26

Lunch: $5.31

Dinner: $6.82

Total: $16.39

Breakfast: $ .50

Lunch: $ .50

Dinner: $ .50

Total: $ 1.50

Breakfast: $4.75

Lunch: $5.80

Dinner: $7.30

Total: $17.85

2013 Pre-Academic and Summer Meal Prices

The menu-based meals for summer camps include a dessert with each meal. Breakfast will be a buffet with eggs, meat, potatoes, and pancakes or toast. Students will receive a combo meal for lunch or dinner. The meal options include:

Option 1: Sandwich, French Fries, Beverage

Option 2: Burrito, Nachos, Beverage (Mexican concept will be rotated with Asian and other concepts throughout the week.)

Option 3: Baked potato, Pre-made Salad, Beverage

PLAN

DESCRIPTION

MEAL TOWER TENDER

CHARGE

Base Plan

Campus Cash

Plus

Upward Bound

Pre-Season

Camps

The prices are for the menu-based meals served in the

Galley, Cartwright Center.

The prices are for menu-based meals plus a buffet set up in Cartwright Center. An entrée is included plus a pasta plate. Minimum number of participants is 100.

USDA approved menu served in the Galley, Cartwright

Center.

Breakfast

Lunch

Dinner

Total

Breakfast

Lunch

Dinner

Total

Breakfast

Lunch

Dinner

Total

$ 4.65

$ 6.25

$ 6.35

$17.25

$ 4.65

$ 7.85

$ 7.90

$20.40

$ 4.10

$ 6.25

$ 6.25

$16.60

Proposed menus for these meals shall be submitted by the contractor yearly by June 15 for approval by the campus contract administrator after consultation with Athletic and Residence Life personnel. Pre-academic year service will be provided at different rates based on the type of service offered. Prices for 2013 are:

Full service (all you care to eat; three meals per day) - $18.25 (maximum)

Limited service (one time through; three meals per day) $16.20 (maximum)

Full service (all you care to eat; two meals per day) - $14.90 (maximum)

Limited service (one time through; two meals per day) - $12.25 (maximum)

CAMPUS CONFERENCES/WHITNEY CENTER

PLAN

All You Care to

Eat (Full Service)

All You Care to

# OF PARTICIPANTS

150-299

300-999

DINING SERVICE

COMPANY CHARGE

Breakfast: $4.75

Lunch: $5.80

Dinner: $7.30

Total: $17.85

Breakfast: $4.50

Lunch: $5.55

Dinner: $7.05

UNIVERSITY

OVERHEAD

Breakfast: $ .50

Lunch: $ .50

Dinner: $ .50

Total: $ 1.50

Breakfast: $ .50

Lunch: $ .50

Dinner: $ .50

TOTAL CHARGE

Breakfast: $5.25

Lunch: $6.30

Dinner: $7.80

Total: $19.35

Breakfast: $5.00

Lunch: $6.05

Dinner: $7.55

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PS-15-2496

Eat (Full Service)

All You Care to

Eat (Full Service)

1,000-Above

Total: $17.10

Breakfast: $4.25

Lunch: $5.30

Dinner: $6.80

Total: $16.35

Total: $ 1.50

Breakfast: $ .50

Lunch: $ .50

Dinner: $ .50

Total: $ 1.50

Total: $18.60

Breakfast: $4.75

Lunch: $5.80

Dinner: $7.30

Total: $17.85

1.17 Liability for Revenue and Expense Items

For the purpose of establishing a ready reference of the financial terms for Dining Services, the following glossary of revenue and expense identification is provided.

1.17.1 Glossary of Contractor Revenue and Expenses Responsibility

The glossary revenues and expenses of Dining Services related to this contract for which the Contractor is responsible are as follows:

1.17.1.1 Sales

Cash Sales: Income, including tax from the sale of food, beverages and sundry items provided in all areas of contract and retail dining service as set forth in the specifications of this contract.

Catering and Conference Sales: Charge or cash sales income from food, beverages and services provided to any individual or group, both on and off campus.

Malt Liquor and Alcoholic Beverage Revenues: those gross revenues derived by the contractor from malt liquor and alcoholic beverage service in conjunction with or separate from other forms of dining service.

Gross Sales: The combined revenue of cash, catering and conference sales.

Sales Tax: All applicable state, federal or local taxes on gross food and beverage service.

Net Sales: Gross sales less applicable sales tax.

Contract Sales: The net dollar and cents paid to the contractor by the University for the number and partial number of meal days served and point plan sales by the contractor for the period.

Other Income: Cash or charge income not appearing in other revenue categories.

Non-Commission Income: Subsidies rebates, employee meals, sales of grease, recycled materials and other waste, and University’s employee evaluation meals, etc.

1.17.1.2 Cost of Sales

Product Costs, Food: Food, Beverages, Fish, Fowl Groceries, fruits and Vegetables, Sundry Foods, Dairy.

Paper Supplies: Includes disposable foam, paper or plastic plates, cups, trays, glasses, flatware, napkins, table linen, wrapping materials, and necessary dispensers.

Variable Labor Costs:

o Wages: salaries and wages for all employees exclusive of fringe benefits including one time personnel hired for special occasions. o Vacation, Holiday and Sick Leave: Accrued period provisions for vacation, holidays and sick leave wages on a reserve basis; when paid or charged to a reserve account and credited to wages.

114

PS-15-2496 o Group Insurance: Expenses of the Contractor for employees’ medical, dental disability, catastrophic or other related group insurance. Deductions from employees for their share of group insurance, life or other. o Workers Compensation: Statutory. o Overtime: Total dollar amount for non-exempt employees. o Unemployment Compensation, Payroll Taxes: Charges by headquarters office for company portion of operation contribution.

Semi-Variable Labor:

o Wages: Salaries and wages for clerical, office, management and supervisory staff employed on campus in the University’s food services and exclusive of fringe benefits. o Fringe Benefits: Expenses of the Contractor for clerical, office, management and supervisory staff fringe benefits.

Other Allowable Personnel Costs:

o Company portion of Union dues o Company portion of profit sharing contributions o Replacement of lost badges o Training and Education o Required employee health exams o University related travel expenses o Contractor employee meals

Car and Truck Depreciation: Period depreciation charge by headquarters office on company owned vehicles used on campus.

Car and Truck Expense – Other:

o Vehicle registration fees o Cost of collision repairs o Gass and oil purchases o Credits from insurance claims – collision o Repair – parts and labor o Insurance o Company owned vehicle parking permits o Repair and purchase of tires and tubes o Motor vehicle lease

Shortages and Overages: Gross cash overages or shortages.

Insurance – Other: o Period charge by headquarters office for Money and securities o Vandalism o Fire and extended coverage on product inventory o Comprehensive liability

Equipment Replacement: Period provision for replacement of expendable and non-expendable equipment and nonexpendable equipment parts. Equipment and facilities repair or replacement costs due to loss or negligence of the Contractor or its employees. To be used by the Contractor on a reserve basis and purchases to be charged against this reserve account. Balance in this account at the end of each annual accounting period or on termination of this contract shall be credited to the University’s year end operating report.

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PS-15-2496

Janitorial Equipment and Supplies: Expense of the Contractor for detergent, sanitizer, brooms, mops, etc., used in the maintenance of the production, service and dining areas and equipment specified in the terms of this contract, including catering set-up and clean-up.

Cleaning Supplies: Expenses of the contractor for detergent, sanitizer and rinse compounds used for ware washing, pots and pans and rough laundry, including those compounds used for personal hygiene.

China, Silverware and Glassware: Expense for mutually agreed non-expendable supply inventory replacement level of original inventory for china, silverware, glassware and serving trays.

Office Supplies, Postage, Printing: Expenses normally incurred in the performance of standard office operations and printing costs of a routine or informational nature used for the University food service including menus, forms flyers, etc.

Pest Elimination: Cost of premises pest elimination services, equipment and supplies.

Employee relocation Costs: Expenses for moving supervisor-management staff on employment to the

University.

Sundry Direct Costs: o Car Allowance for managers assigned the University o Armored Car Service o Leased Equipment o Computers & Software o Computer Maintenance o Change on safe combinations, keys o Telephone; local and long distance including monthly line charges o Licenses, permits and bonding o Expenses of a non-recurring nature not classified elsewhere and arrived at by mutual consent

Approved public relations, marketing, advertising, and promotion: Expenses in the amount specified and mutually agreed resulting in improved marketing of food service such other expenses required to maintain or improve revenues and the image of food service.

Commissions: Rebates paid to the University each period on charge, point and cash sales per proposal submittal.

Administration Management Fee: Headquarters office charge per terms of commissions and charges of this contract including accounting and data processing, clerical, purchasing, dietary, management recruiting and relocating expenses, equipment consulting and supervision expense and additional items listed in this appendix. This fee shall not exceed six percent (6%) of net Dining Service sales and may be established by the contractor to approximate his administration management fee estimate for income tax purposes.

Profit Distribution: That portion of operating profit retained by the contractor per contract specifications.

Credit Accruals: Itemized expenses identified which have not been paid.

Rubbish and Garbage Removal: Period charges for exterior removal of rubbish and/or garbage resulting from food service.

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PS-15-2496

1.17.2 Glossary of University Revenue and Expenses Responsibility

The glossary revenues and expenses of Dining services related to this contract for which the University is responsible are as follows:

1.17.2.1 Sales

Card Access Equipment: University is responsible for providing card access equipment.

Equipment Cost: Purchase of new and replaced capital equipment and costs of installation and equipment repair, other than those incurred due to gross neglect of the contractor or its employees.

Identification Cards: The University is responsible for the costs of providing proper identification cards for the access system.

Janitorial Services: Materials and labor for cleaning ceilings, drapes, light fixtures, for the food service areas. Materials and labor required in dining area break down clean up and set ups, for such purposes as special programs, dances, student testing, not including set-up and clean-up required for catered revenue functions.

Malt Liquor and Alcoholic Beverage Revenues: Those gross revenues derived by the contractor from malt and alcoholic beverage service in conjunction with our separate from other forms of dining services.

Meal Contract Revenues: Those revenues derived from the sum of various meal contract plan sold to boarding students including contracts provided in retail dining, if any. Applicable sales tax shall be collected by the University, if any, and shall not appear as part of these net sales.

Painting, Redecorating and Remodeling: Materials and labor costs other than those incurred due to the gross neglect of the contractor or its employees.

Product Costs, Food or Beverages: An expense for food and beverages used in special service variations provided by the University. Other food product costs incurred by the University by mutual agreement in writing prior to service.

Public Relations, Advertising, Promotions and Programs: Expenses which are reasonable and mutually agreed relating to improved marketing food service including but not limited to University staff meals provided in connection with evaluation of the Contractor’s food service and such expenses required to maintain or improve revenues and image of food service.

Rubbish and Garbage Removal: Period charges for exterior removal of rubbish and/or garbage resulting from food service on campus.

Silverware, Glassware, China: Expenses for new items or increased inventory level requirements above those mutually determined adequate.

Utilities Expense: Including electricity, hot and cold water, steam, heat, gas, refrigeration and telephone installation.

1.17.3 Glossary of Contractor Financial Responsibility for Administration and Management

Expenses

The Contractor is financially responsible for the following administration and management expenses as part of the administration and management fee. The following expenses shall not be charged to the University as a separate line expense item.

All applicable taxes.

Bank service charges.

Consulting and administrative service furnished by the headquarters office.

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PS-15-2496

Employee relocation costs upon leaving the University.

Free meals for employees or the contractor or University.

Labor relations.

Legal and professional fees.

Management time or expenses incurred at other accounts or in training until permanently assigned to the

University.

Other expenses not identified in this contract and which are not approved in writing by mutual agreement.

Professional employment recruiting fee.

Public relations expenses for: o Business o Entertainment o Professional journal subscriptions o Contributions o Employee parties and contributions o Social or professional organization membership dues o Other expenses not approved in writing by mutual agreement

Travel expense for management not permanently assigned to the University.

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PS-15-2496

2 Appendix No. 2

Appendix No. 2

Informational Documentation

University of Wisconsin-La Crosse

Prepared by: Larry Ringgenberg September 2014

In an effort to provide the prospective Contractor with additional pertinent facts about the University, the following information shall be accumulated by the University and held. At the time bidders evaluate the

University, copies of this information shall be made available to each prospective bidder in addition to other reasonable data and information that may be requested at that time. This information covers the most recent and complete fiscal year, and may include realistic projections where necessary. Where the information is applicable for both resident Contract Dining and Retail Dining Service, it shall be properly identified and separated.

1. Academic calendar. Class schedules are available on-line.

2. Schedule of Anticipated 2014-2015 resident contract serving days

3. Copy of reservations, catering, malt liquor and alcoholic beverage policies and other such policies applicable to this contract.

4. Complete listing of food service full time non-management employees by classification, seniority and hourly wage.

5. Copy of the current Union contract.

6. Samples of recent menus and prices by each type of dining service. Includes: a. Catering b. Meal plan brochure and monthly menu c. List of select Snack Bar and Coffee Bistro items d. Day Care Weekly Menu e. Sumer Camp Weekly Menu

7. Copy of Union floor plans and equipment schedule.

8. Campus Student Wage Policy

9. List of scheduled catered events and anticipated summer camps.

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PS-15-2496

3 Attachment No. 3 - Vendor Information – DOA 3477

VENDOR INFORMATION

1. Proposing Company Name:

Fein:

Phone:

Address:

Fax:

Toll Free Phone:

City: State: Zip:

2. Name of person we may contact in the event there are questions about your Proposal.

Name:

Phone:

Title:

Toll Free Phone:

Fax:

Address:

3. Vendor that is awarded this contract will be required to submit affirmative action information to the University. Please name the person in your company we may contact about this plan.

Name:

Phone:

Fax:

Title:

Toll Free Phone:

Address:

4. Mailing address where state purchase orders are to be mailed.

Name:

Phone:

Title:

Toll Free Phone:

Fax:

Address:

RETURN THIS PAGE WITH PROPOSAL

120

PS-15-2496

4 Attachment No. 4 – Vendor Client Reference - DOA 3478

Vendor Client Reference

Company 1 Name:

Address (include Zip + 4):

Contact Person:

Products and/or Services used:

Company 2 Name:

Address (include Zip + 4):

Contact Person:

Products and/or Services used:

Phone No.:

Email:

Phone No.:

Email:

Company 3 Name:

Address (include Zip + 4):

Contact Person:

Products and/or Services used:

Company 4 Name:

Phone No.:

Email:

Address (include Zip + 4):

Contact Person:

Products and/or Services used:

Phone No.:

Email:

RETURN THIS PAGE WITH PROPOSAL

121

Bank 1 Name:

Address (include Zip + 4):

Contact Person:

Products and/or Services used:

Bank 2 Name:

Address (include Zip + 4):

Contact Person:

Products and/or Services used:

Bank 3 Name:

Address (include Zip + 4):

Contact Person:

Products and/or Services used:

Bank 4 Name:

Address (include Zip + 4):

Contact Person:

Products and/or Services used:

PS-15-2496

5 Attachment No. 5 – Bank Reference

Bank Reference

Phone No.:

Phone No.:

Phone No.:

Phone No.:

RETURN THIS PAGE WITH PROPOSAL

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PS-15-2496

6 Attachment No. 6– Terms and Conditions

TERMS AND CONDITIONS

If awarded this PROPOSAL, we agree to all the terms and conditions of this PROPOSAL (including all attachments), PROPOSAL addenda and revisions, and the Proposal of the successful Proposer, and additional terms agreed to, in writing, by the agency and the contractor shall become part of the contract. I understand that failure to accept and carry out this contractual agreement in its entirety may result in a cancellation of award.

Proposer:

By:

Printed Name:

Title:

Date:

7 Attachment No. 7 Proposer Information

Proposer Information

Contractor:

Ordering/Expediting:

Invoice Information:

Contract Renewal/Cancellation:

Contract Problems:

Returns:

Phone No.:

Fax No.:

RETURN THIS PAGE WITH PROPOSAL

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PS-15-2496

8 Attachment No. 8 – Designation of Confidential and Proprietary Information DOA 3027

DESIGNATION OF CONFIDENTIAL AND PROPIETARY INFORMATION

THE ATTACHED MATERIAL SUBMITTED IN RESPONSE TO Proposal No. PS-13-2329 includes proprietary and confidential information which qualifies as trade secret, as provided in Section 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this Proposal/Proposal Response be treated as confidential material and not be released without our written approval. We request that the following pages not be released:

Section Page# Topic

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE

UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSSARY ASSISTANCE TO

DEFEND THE DESIGNATION OF CONFIDENTIALITY.

This does not apply to Proposal or Proposal prices. Prices are always open. Other information usually cannot be kept confidential unless it is a trade secret. Trade secret is defined in s.134.90(1)(c), Wis. Stats. As follows: “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. Failure to include this form in the

Proposal/Proposal Response may mean that all information provided as part of the Proposal response will be open to examination and copying. The state considers other markings of confidential in the Proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Name Authorized Representative

Signature Authorized Representative

Company Name

Date

RETURN THIS PAGE WITH PROPOSAL

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PS-15-2496

9 Attachment No. 9 Affidavit

University of Wisconsin System

780 Regent Street

Madison, WI 53715

This completed affidavit must be submitted with the bid/proposal.

Proposer Preference: Please indicate below if claiming a proposer preference:

Minority Business Preference (§ 16.75(3m), Wis. Stats.) – Must be certified by the Wisconsin Department of

Administration. If you have questions concerning the certification process, contact the Department of

Administration, 101 E Wilson St, 6 th

floor, PO Box 7970, Madison, WI, 53707 or (608) 267-9550.

Work Center Preference (§ 16.752, Wis Stats.) Must be certified by the State of Wisconsin Use Board. If you have questions concerning the certification process, contact the Wisconsin State Use Board, 101 East

Wilson St, 6 th

floor, PO Box 7867, Madison WI, 53707 or (608) 266-2553

American-Made Materials: The materials covered in our proposal were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

☐ Yes ☐ No

☐ Unknown ☐ N/A (Does not apply)

Services Performed in the United States (2009 Wis Act 136): All services provided to the University of

Wisconsin System or any of its campuses under this proposal will be performed in the United States.

☐ Yes ☐ No

☐ N/A (Does not apply)

Non-Collusion: In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free trade; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor, or potential competitor; that this proposal has not been knowingly disclosed prior to opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions, and specifications required by the State of Wisconsin in this Announcement of

Bid/Proposal and the terms of our Bid/Proposal.

Authorized Representative:

Authorized Representative:

(Type or Print)

Company Name:

(Signature)

Title:

Date:

Telephone:

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PS-15-2496

10 Attachment No. 10 Bid Submittal Checklist

PS-15-2496

Bid Submittal Checklist

Required Cost Proposal Forms (Must be Sealed in a Separate Envelope):

Section C, Number 1 Cost Proposal, Item 1.1 Residence Board Rate Charges

Section C, Number 1, Item 1.2 Residence Board Rate Escalation

Section C, Number 2 Commissions and Guarantees

Required Proposal Documentation (With No Mention of Cost Proposals):

Attachment No. 3: Vendor Information DOA 3477

Attachment No. 4: Vendor Client Reference DOA 3478

Attachment No. 5: Bank Reference

Attachment No. 6: Terms and Conditions

Attachment No. 7: Proposer Information

Attachment No. 8: Designation of Confidential and Proprietary Information

Attachment No. 9: Affidavit

Note: This checklist is to help proposers ensure their submittal packet is complete. This sheet does not need to be returned as part of the proposal submittal.

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