UNIVERSITY OF WISCONSIN SYSTEM REQUEST FOR PROPOSAL (RFP) PS-14-2329

UNIVERSITY OF WISCONSIN SYSTEM REQUEST FOR PROPOSAL (RFP) PS-14-2329

RFP PS-14-2329

UNIVERSITY OF WISCONSIN SYSTEM

REQUEST FOR PROPOSAL (RFP) PS-14-2329

EXCLUSIVE SOFT DRINK POURING RIGHTS AND VENDING RIGHTS

DATE OF ISSUE: March 3, 2014

PROPOSAL DUE DATE: April 10, 2014 2:00 PM (CST)

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RFP PS-14-2329

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-14-2329. 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

April 10, 2014 2PM CST

Public

Opening

No Public

Opening X

Name (Contact for further information)

Paul D. Schlough

Phone Date

March 3, 2014 608-265-0557

Quote Price and Delivery FOB

N/A

Description

REQUEST FOR PROPOSAL (RFP): Exclusive Soft Drink Pouring Rights and Vending Rights 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-14-2329

Table of Contents

Section A ........................................................................................................................................................................ 9

1 General Information ......................................................................................................................................... 9

1.1

Introduction ................................................................................................................................................. 9

1.2

Background .................................................................................................................................................. 9

1.3

Definitions .................................................................................................................................................. 10

1.4

Scope of Work (Contract) ........................................................................................................................... 11

1.5

Cash Rights Fees ......................................................................................................................................... 12

1.6

Annual Sponsorship Opportunities ............................................................................................................ 12

1.7

Calendar of Events/Time Table .................................................................................................................. 12

1.8

Fixed Offer Period ...................................................................................................................................... 12

1.9

Procuring and Contracting Agency ............................................................................................................. 12

1.10

Clarification and/or Revisions to the Specifications and Requirements ................................................ 12

1.11

Reasonable Accommodations ............................................................................................................... 13

1.12

Contract Term ........................................................................................................................................ 13

1.13

VendorNet Registration ......................................................................................................................... 14

2 Proposal .......................................................................................................................................................... 14

2.1

University Shall Provide ............................................................................................................................. 14

2.2

Proposer Shall Provide ............................................................................................................................... 14

3 Preparing and Submitting Proposal ................................................................................................................ 15

3.1

General Instructions ................................................................................................................................... 15

3.2

Inspection of Premises ............................................................................................................................... 15

3.3

Incurring Costs ........................................................................................................................................... 15

3.4

Submitting the Proposal ............................................................................................................................. 15

3.5

Proposal Organization and Format ............................................................................................................ 16

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RFP PS-14-2329

3.6

Proposed Contract for Exclusive Soft Drink Pouring Rights and Vending Pouring Rights .......................... 18

3.7

Proprietary Information ............................................................................................................................. 18

4 Mandatory General Requirements (Written Response Required) ................................................................. 19

4.1

Name and Address ..................................................................................................................................... 19

4.2

Reference List and Reference Contact Information ................................................................................... 19

4.3

Historical Background and Capabilities Documentation ............................................................................ 19

4.4

Description of Claims or Lawsuits .............................................................................................................. 19

4.5

Bank References ......................................................................................................................................... 20

4.6

Written Agreement to Terms ..................................................................................................................... 20

5 Value Added Items – (Written Response Required) ....................................................................................... 20

5.1

Cost Proposal: Cash Rights Fee ................................................................................................................. 20

5.2

Cost Proposal: Post-Mix and Canned/Bottled Beverage .......................................................................... 20

5.3

Cost Proposal: Vended Soft Drinks ............................................................................................................ 20

5.4

Cost Proposal: Athletic and Non Athletic & Marketing Sponsorship Opportunities Fee ......................... 20

5.5

Equipment and Service .............................................................................................................................. 21

5.6

Athletic Sponsorship and Non-Athletic & Marketing Sponsorship Opportunities ..................................... 23

6 Proposal Acceptance and Award .................................................................................................................... 23

6.1

Preliminary Review .................................................................................................................................... 23

6.2

Right to Reject Proposals ........................................................................................................................... 24

6.3

Proposal Review ......................................................................................................................................... 24

6.4

Review Criteria ........................................................................................................................................... 24

6.5

Award and Final Offer ................................................................................................................................ 26

6.6

Notification of Intent to Award .................................................................................................................. 26

6.7

Executed Contract to Constitute Entire Agreement .................................................................................. 26

6.8

Dispute Process .......................................................................................................................................... 26

Section B ...................................................................................................................................................................... 27

1 Parties To The Contract .................................................................................................................................. 27

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RFP PS-14-2329

2 Applicable Law ................................................................................................................................................ 28

3 Term of Contract ............................................................................................................................................ 28

4 Excused Performance ..................................................................................................................................... 28

5 Disclosure ....................................................................................................................................................... 28

6 Minority Business ........................................................................................................................................... 28

7 Incorporation of Documents .......................................................................................................................... 29

8 News Releases ................................................................................................................................................ 29

9 Insurance Requirements................................................................................................................................. 29

10 Performance Bond or Irrevocable Letter of Credit ........................................................................................ 30

11 Promotional Materials ................................................................................................................................... 31

12 Hold Harmless ................................................................................................................................................ 31

13 Nondiscrimination and Affirmative Action ..................................................................................................... 31

14 Safety .............................................................................................................................................................. 32

15 Vending Cold Beverage Service Specifications ............................................................................................... 32

15.1

Vending Beverage Service...................................................................................................................... 32

16 General Conditions ......................................................................................................................................... 35

16.1

Service Requirements ............................................................................................................................ 35

16.2

Personnel, Employment and Staffing .................................................................................................... 37

16.3

Fiscal and Accounting Requirements ..................................................................................................... 39

16.4

Products, Ordering and Delivery Requirements .................................................................................... 46

16.5

Pricing .................................................................................................................................................... 47

17 Equipment Requirements ............................................................................................................................... 48

17.1

Specified Equipment .............................................................................................................................. 48

17.2

Equipment Location and Installation ..................................................................................................... 48

17.3

New And Updated Equipment ............................................................................................................... 49

17.4

Required Number of Equipment Review ............................................................................................... 50

17.5

Equipment Maintenance for Life of Contract ........................................................................................ 50

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RFP PS-14-2329

17.6

Equipment Compliance with Safety Requirements ............................................................................... 50

17.7

Installation of New Technology ............................................................................................................. 50

17.8

Installation of Debit Card Readers on Vending Equipment ................................................................... 50

17.9

Monthly Reporting of Debit Card and Cash Sales by Equipment and Location ..................................... 51

17.10

Utilities Responsibility............................................................................................................................ 51

17.11

Equipment Ownership ........................................................................................................................... 51

17.12

Equipment Operation ............................................................................................................................ 51

17.13

Rate Service Attendants ........................................................................................................................ 51

17.14

Equipment Operating Instructions ........................................................................................................ 51

17.15

Refunds and Malfunction Reports ......................................................................................................... 52

17.16

Responsibility for Control of Keys, Proximity Cards and Security Procedures ...................................... 52

17.17

University Storage of Equipment after Contract Cancellation............................................................... 52

17.18

Change Making Equipment .................................................................................................................... 52

17.19

Manual Sale of Items ............................................................................................................................. 53

17.20

Removal of Equipment Upon Termination of Contract ......................................................................... 53

18 Equipment And Facilities Maintenance, Replacement and Sanitation........................................................... 53

18.1

Premises, Equipment, Supplies and Facility Maintenance .................................................................... 53

18.2

State of Wisconsin Inspector Access ...................................................................................................... 54

18.3

Preventative Maintenance Program ...................................................................................................... 54

18.4

Vending and Auxiliary Equipment Maintenance and Repair Service Requirements ............................. 55

18.5

Equipment Replacement Program ......................................................................................................... 55

18.6

New Industry Security ............................................................................................................................ 55

18.7

Floor Maintenance ................................................................................................................................. 55

18.8

Recycling ................................................................................................................................................ 56

18.9

Sanitary Trash Disposal Requirements .................................................................................................. 56

18.10

Insect and Pest Control .......................................................................................................................... 56

18.11

Loss of Equipment.................................................................................................................................. 57

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RFP PS-14-2329

19 Contract Cancellation ..................................................................................................................................... 57

19.1

Contract Termination ............................................................................................................................. 57

19.2

Contract Breach ..................................................................................................................................... 57

19.3

Non-Appropriation of Funds .................................................................................................................. 57

19.4

Failure to Maintain Insurance Requirements ........................................................................................ 57

20 Contract Administration ................................................................................................................................. 58

20.1

Campus Contract Administrator ............................................................................................................ 58

20.2

Contractor Administrator ...................................................................................................................... 58

21 Miscellaneous ................................................................................................................................................. 58

21.1

Separability ............................................................................................................................................ 59

21.2

Waiver .................................................................................................................................................... 59

21.3

Amendments ......................................................................................................................................... 59

21.4

Adverse Interests ................................................................................................................................... 59

21.5

Assignments ........................................................................................................................................... 59

22 Counterparts................................................................................................................................................... 59

23 Payment Schedule .......................................................................................................................................... 59

24 Standard Terms and Conditions ..................................................................................................................... 59

Section C ...................................................................................................................................................................... 63

1 Attachment No. 1 – Contract Exclusivity Inclusion and Exclusion ................................................................. 63

1.1

Inclusions For The Exclusive Contract ........................................................................................................ 63

1.2

Exclusions For The Contract ....................................................................................................................... 64

2 Attachment No. 2 - Required Vending Equipment ........................................................................................ 65

2.1 - Vending Sales by Location .............................................................................................................................. 66

3 Attachment No. 3 – Athletic Sponsorship Opportunities/Non-Athletic Sponsorship and Marketing

Opportunities ........................................................................................................................................................... 67

3.1

Athletic Sponsorship Opportunities ........................................................................................................... 67

3.2

Non-Athletic Sponsorship and Marketing Opportunities .......................................................................... 68

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RFP PS-14-2329

3.3

Written Proposal of Athletic Sponsorship, Non-Athletic Sponsorship and Marketing Opportunities

Required .............................................................................................................................................................. 68

4 Cost Proposal: Athletic and Non-Athletic & Marketing Sponsorship Opportunities Fees ............................. 70

4.1

Athletic Sponsorship Fee: (payable at contract signing and subsequent contract anniversaries) ........... 70

4.2

Non-Athletic Marketing & Sponsorship Fee: (payable at contract signing and subsequent contract anniversaries) ...................................................................................................................................................... 70

4.3

Aggregate (Athletic Sponsorship Fee + Non-Athletic Sponsorship fee)( 100pts): ...................................... 70

5 Cost Proposal: – Post-Mix and Canned/Bottled Beverage ............................................................................ 71

5.1

Brand Name and Flavors of Each Product ................................................................................................. 71

5.2

Cost Proposal Form (Price List) .................................................................................................................. 71

6 Cost Proposal: Vended Soft Drinks (Attachment 6) ...................................................................................... 74

6.1

Vended Soft Drink Products ....................................................................................................................... 74

6.2

Commission Proposal: Vended Soft Drink Beverages ............................................................................... 74

6.3

Option to Propose a Lower Minimum Annual Guarantee ......................................................................... 75

7 Cost Proposal – Cash Rights Fee (Attachment No. 7) ..................................................................................... 76

8 Attachment No. 8 - Vendor Information – DOA 3477 .................................................................................. 77

9 Attachment No. 9 – Vendor Client Reference - DOA 3478 ............................................................................ 78

10 Attachment No. 10 – Bank Reference ............................................................................................................ 79

11 Attachment No. 11 – Terms and Conditions .................................................................................................. 80

12 Attachment No. 12 Proposer Information ...................................................................................................... 80

13 Attachment No. 13 – Designation of Confidential and Proprietary Information DOA 3027 .......................... 81

14 Attachment No. 14 – Vending Reader Requirements .................................................................................... 82

15 Attachment No. 15. – Post Mix Equipment & Coolers ................................................................................... 83

16 Attachment No. 16. – Campus Building Projects ............................................................................................ 86

17 Attachment No. 17 Affidavit ............................................................................................................................... 87

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RFP PS-14-2329

Section A

PROPOSAL RESPONSE REQUIREMENTS

1 General Information

1.1 Introduction

The University of Wisconsin System Administration is seeking proposals for the Exclusive Soft Drink

Pouring Rights and Vending Rights Business at the University of Wisconsin-La Crosse. 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 Exclusive Soft Drink Pouring Rights and Vending Rights at the University of

Wisconsin-La Crosse.

The University of Wisconsin System Administration and the State of Wisconsin as represented by its

Department of Administration (DOA) intends to use the results of this solicitation to award a single contract for Exclusive Soft Drink Pouring Rights and Vending Rights for the University of Wisconsin-La

Crosse on behalf of University of Wisconsin System and the University of Wisconsin Board of Regents.

No other University of Wisconsin System Institutions other than UW-La Crosse will be part of this contract.

1.2 Background

The University of Wisconsin-La Crosse is a University of Wisconsin System Institution. The University of

Wisconsin System is one of the largest systems of public higher education in the country, serving more than 181,000 students each year and employing more than 39,000 faculty and staff statewide. The

University of Wisconsin System is comprised of 13 four-year universities, 13 freshman-sophomore campuses, and administrative offices for UW Colleges, state-wide university Extension, and University

System Administration offices. Together, these institutions are a tremendous academic, cultural, and economic resource for the State of Wisconsin, the nation, and the world.

The University of Wisconsin-La Crosse invites you to join in creating a unique relationship with the

University. This relationship includes exclusive pouring rights for the fountain service and exclusive vending rights for the winning Proposer. Pursuant to the terms of the contract and subject to the exclusions, no competitive products or related items including, but not limited to, cups or premium items, shall be made available, sampled, advertised and/or promoted at or by UW-La Crosse. The

University’s general goal is to improve beverage service and increase net revenues by maximizing the availability of product, offering marketing and sales opportunities and developing strategies that benefit the University of Wisconsin-La Crosse and the beverage provider. It is anticipated that an exclusive, a seven year agreement for beverages will provide additional revenue to support Institutional programs.

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RFP PS-14-2329

1.3 Definitions

As used in this proposal, the following terms, whether used in the singular or plural, shall have the following meanings:

Athletic Department: Means the NCAA Division III program of the University of Wisconsin-La Crosse.

Cash Rights Fee: Cash payment offered by a Proposer to obtain exclusive soft drink pouring rights and vending rights at the University of Wisconsin-La Crosse over the time period covered by this contract.

Contract: The written agreement that will be entered into by the University and the successful proposer and will be based on the PROPOSED CONTRACT FOR EXCLUSIVE SOFT DRINK POURING RIGHTS AND

VENDING RIGHTS, ATHLETIC SPONSORSHIP FEE AND NON-ATHLETIC SPONSORSHIP FEE.

Debit Card Readers: Vending Transaction Device as supplied by CBORD.

Dining Service, Athletic Department and campus Venues: The locations specified in Section C,

Attachment No. 1.1.

Equipment and Service: The equipment specified in Section B, Numbers 16 & 17 and shall include any services described therein.

Exclusive Soft Drink Pouring Rights and Vending Rights: The exclusive right to designate the brand of soft drink, isotonic beverages, teas, energy drinks, bottled waters, canned/bottled cold coffee and canned/bottled juices & juice drinks (not dispended or poured juices, dairy drinks or milk) to be served, sold, vended or otherwise made available on campus by the University of Wisconsin-La Crosse. This does not include off campus individual purchase for use in campus residences or personal offices. If the contractor is unable to provide a particular product to meet consumer demand (i.e. 100% natural juice drink, etc.), the University reserves the right to provide a product from a vendor other than the contractor.

Fiscal Year: A consecutive twelve (12) month period commencing on July 1 and ending on June 30.

Isotonic Beverages: Beverages commonly referred to as “sport drink” beverages.

Proposal: The package on which the Proposers will propose and is more fully described in Section A,

Item 2. Proposal requested herein.

Proposer: An entity submitting a Proposal in response to this Request For Proposal (RFP) in accordance with the requirements specified herein.

Soft Drink Beverages: All carbonated and non-carbonated soda and bottled or canned beverages including soda, waters, teas, energy drinks, juice/juice blends, cold coffee and isotonic beverages.

Exceptions include, but are not limited to: all alcoholic and non-alcoholic beer, liquor, and wine beverages, milk, tap water, hot chocolate and the following dispensed or poured items: juices, juice blends, dairy drinks, hot and iced coffees and teas.

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RFP PS-14-2329

Sponsorship Opportunities: Any, all, or any combination thereof, of the sponsorship opportunities specified in the sponsorship Opportunities Section C, Attachment No. 3.

University: The Board of Regents of the University of Wisconsin system on behalf of the University of

Wisconsin-La Crosse.

UW-La Crosse Campus Venues: All University owned acreage including, but not limited to any and all athletic facilities, business offices, residence halls, classrooms, classroom laboratories, restaurants, dining halls, concession areas, retail food outlets, student centers and any and all other buildings or facilities which currently comprise the University of Wisconsin-La Crosse campus or which may be acquired or constructed during the term of this agreement and which are operated by or in conjunction with the campus, except where specifically excluded. Please note that the La Crosse Medical Health

Science Consortium Building (HSC) is not owned by the University and reserves the right to determine the vendor and products utilized within the building. Currently, there are two vending machines at the

HSC location operated by an independent vendor.

Vending Venues: All soft drink beverage vending machines specified in Section C, Attachment No. 2.

1.4 Scope of Work (Contract)

The University Procurement Office, on behalf of the University of Wisconsin-La Crosse, desires to obtain written proposals from companies who wish to obtain Exclusive soft Drink Pouring rights and vending rights for certain related Sponsorship Opportunities for the University of Wisconsin-La Crosse campus facilities for the contract period specified herein. In general and in addition to other needs specified herein, Proposer is requested to submit a Proposal as described in Section A, Item 2.

In return for the specified Exclusive soft drink pouring rights and certain Related Sponsorship

Opportunities offered to the Proposer, the Proposer shall provide the University of Wisconsin-La Crosse certain equipment, services, fees and pricing guarantees. Each Proposer may also include in their

Proposal any other items, such as programs, innovations, or resources that it believes would benefit the

University of Wisconsin-La Crosse.

The University shall only consider Proposals from financially responsible firms presently engaged in the business of manufacturing, distributing or selling, or licensing the right to manufacture, distribute or sell soft Drink beverages available on a nationwide basis and providing support services in conjunction therewith.

Information submitted by each proposer will determine which Proposal will best serve the University.

Failure of successful Proposer to accept any items of its Proposal as part of the Contract may result in cancellation of the award.

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RFP PS-14-2329

1.5 Cash Rights Fees

A Cash rights Fee is required to be paid to the University of Wisconsin-La Crosse for exclusive soft drink pouring rights for a seven (7) year period at the beginning of the contract, August 15, 2014 through June

30, 2015 for the first year of the contract and July 1 st

at each subsequent contract anniversary.

1.6 Annual Sponsorship Opportunities

An Annual Athletic Sponsorship Fee and Non-Athletic Sponsorship Fee will be paid to the University of

Wisconsin-La Crosse for Athletic Sponsorship Opportunities and Non-Athletic Sponsorship Opportunities for a seven (7) year period at the beginning of the contract, August 15, 2014 through June 30, 2015 for the first year of the contract and July 1 st

at each subsequent contract anniversary.

1.7 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 a supplement to this RFP. There may or may not be a formal notification issued for changes in the estimated dates and times.

DATE

March 3, 2014

March 5, 2014-March 20, 2014

March 21, 2014

March 28, 2014

April 10, 2014

May 5, 2014-August 14, 2014

August 15, 2014

1.8 Fixed Offer Period

EVENT

Date of issue of the RFP.

Site Inspection by Appointment

Last day for submitting written inquires.

Written inquiries and responses posted to VendorNet.

Proposals due from vendors.

Conversion/Implementation Period

Contract start date.

All Proposals submitted to obtain Exclusive Soft Drink Pouring rights, Vending Rights and Related sponsorship Opportunities shall remain fixed and valid for acceptance for a ninety (90) day period starting on the Proposal due date, April 10, 2014.

1.9 Procuring and Contracting Agency

The University of Wisconsin-La Crosse issues this Proposal, which is the sole point of contact for the

University of Wisconsin during the selection process. The person responsible for managing the procurement process is Paul D. Schlough, Procurement Specialist Senior, University of Wisconsin System

Administration Office of Procurement.

1.10 Clarification and/or Revisions to the Specifications and Requirements

Any questions concerning this RFP must be submitted in writing on or before March 21, 2014 to:

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RFP PS-14-2329

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

Questions regarding this RFP should reference “RFP PS-13-2329 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 supplements 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.

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.

1.11 Reasonable Accommodations

The University 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 a proposal meeting/vendor conference, contact Paul D. Schlough at (608) 265-

0557.

1.12 Contract Term

The contract shall be effective on the date indicated on the contract and shall run through June 30, 2015 with six (6) automatic one 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 non-appropriation of funds.

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RFP PS-14-2329

1.13 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 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 Exclusive Soft Drink Beverages Pouring rights and Vending rights for University of

Wisconsin-La Crosse for seven (7) year period, and include a Sponsorship Program for the UW-La Crosse

Athletic Department.

2.1 University Shall Provide

The University of Wisconsin-La Crosse shall provide the following to Proposer:

Exclusive Soft Drink Beverages Pouring rights and Vending Rights for the University of

Wisconsin-La Crosse campus for the Contract Period.

University of Wisconsin-La Crosse campus Non-Athletic & Marketing Sponsorship

Opportunities specified in Section C, Attachment No. 3 and Athletic Sponsorship

Opportunities specified in Section C, Attachment No. 3 for the Contract Period.

The University reserves the right to negotiate exclusivity for the campus with the contractor.

2.2 Proposer Shall Provide

The Proposer Shall Provide:

The equipment and services for the University of Wisconsin-La Crosse specified in Section A,

Item 5.5, for the contract period.

Payment to the University of Wisconsin-La Crosse for the Contract Period and pursuant to the payment terms set forth in Section, the applicable Cash rights Fee specified in Section C,

Attachment No. 7.

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RFP PS-14-2329

Payment to the University of Wisconsin-La Crosse vending commissions at or above commissions as listed in Section C, Attachment No. 6.

Guarantee prices for bottled and canned beverages at or below prices as listed in Section C,

Attachment No. 5.

Payment of Non-Athletic & Marketing Sponsorship Fee to the University of Wisconsin-La

Crosse for non-athletic sponsorship opportunities as listed in Section C, Attachment 4.

Payment of Athletic Sponsorship Fee to the University of Wisconsin-La Crosse for Athletic

Sponsorship opportunities as listed in Section C, Attachment No. 4.

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 vendor'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 Inspection of Premises

Proposers are invited to inspect the project site completely between the dates of March 5, 2014 and

March 20, 2014 by appointment prior to submitting the Proposal in order to determine all needs associated with the contract. 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.

For Site Inspection Appointment:

Prospective Proposers are to contact:

Mike Gasper, Assistant to the Vice Chancellor of Administration and Finance

Telephone: (608) 785-6494

Email: [email protected]

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

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RFP PS-14-2329

number on the outside. One (1) copy of the proposal must be submitted on a USB Flash Drive.

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: Exclusive Soft Drink Pouring Rights and Vending Rights for

UW-La Crosse)

Request for proposal number (PS-14-2329)

Proposal due date April 10, 2014 2:00 PM CST

An original plus 1 copy of the Cost Proposal (Section C, Attachment No. 4, 5, 6 and 7) 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 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-14-2329

3.5.2 Section A, No. 4 .0 Mandatory Requirements

Written responses shall be identified by each section number and letter and in numerical order Section

A, No. 4.0, Items 4.1 through 4.6). (Includes Section C Attachments Numbers 8, 9, 10, 11)

3.5.3 Section A, No.5.0 Desired and Value Added Items.

Proposers are to describe in detail their Proposal to meet each requirement. Written responses shall be numbered and in the stated order Section A, Item 5.0, Items 5.1 through 5.6. (Includes Section C

Attachments Numbers 2, 3, 4,5,6,15.)

3.5.4 Section C, Attachment No. 9Proposer References

Proposers are required to provide Vendor Client References as described in Section C, Attachment No. 9.

3.5.5 Section C, Attachment No. 10 Bank References (Financial Stability)

Proposers are required to submit Bank References as described in Section C, Attachment No. 10

3.5.6 Section C, Attachment No. 4 Product Pricing and Beverage List: Cost Proposal

Proposers are required to complete and submit the Product Pricing and Beverage List Cost Proposal.

Failure to provide any requested information in the prescribed format may result in disqualification of the proposal. No mention of the cost proposal may be made in the response to the general or technical requirements of this Request for Proposal. (Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)

3.5.7 Section C, Attachment No. 6 Vended Soft Drinks: Commission Proposal

Proposers are required to complete and submit the Vended Soft Drinks Commission Proposal and

Annual Guarantee. Failure to provide any requested information in the prescribed format may result in disqualification of the proposal. No mention of the commission proposal/cost proposal may be made in the response to the general or technical requirements of this Request for Proposal. (Section C,

Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)

3.5.8 Section C, Attachment No. 7 Cash Rights Fee

Proposers are required to complete and submit the Cash Rights Fee Proposal. Failure to provide any requested information in the prescribed format may result in disqualification of the proposal. No mention of the cost proposal may be made in the response to the general or technical requirements of this Request for Proposal. (Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)

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RFP PS-14-2329

3.5.9 Section C, Attachment No. 3 Athletic Sponsorship/Athletic Sponsorship Opportunities

Proposers are required to complete and submit the Athletic Sponsorship/Athletic Sponsorship

Opportunities documentation identifying marketing sponsorship assistance.

3.5.10 Section C, Attachment No. 3Non-Athletic & Marketing Sponsorship Opportunities

Proposers are required to complete and submit the Non-Athletic Sponsorship/Non-Athletic Sponsorship

Fee documentation identifying marketing sponsorship assistance.

3.5.11 Section C, Attachment No. 4 Athletic and Non-Athletic &Marketing sponsorship

Opportunities Fees

Proposers are required to complete and submit the Non-Athletic Sponsorship/Non-Athletic &

Marketing Sponsorship Fee documentation identifying marketing sponsorship assistance. Items 4.1 and

4.2.

3.5.12 Section C, Attachment No. 11 Terms and Conditions.

Proposers are required to agree to the Terms and Conditions established in the Request for Proposal and the Proposal submission.

3.5.13 Section C, Attachment No. 13. Designation of Confidential and Proprietary Information

(DOA-3027)

Proposers are required to name/document/identify all proprietary and confidential information.

3.5.14 Section C, Attachment No. 8 Vendor Information (DOA-3477)

Proposers are required to document specific vendor information requested on the DOA 3477 form as requested in Section C, Attachment No.8.

3.5.15 Section C, Attachment No. 17 Affidavit

Proposers are required to complete the Affidavit Form - Section C, Attachment No. 17.

3.6 Proposed Contract for Exclusive Soft Drink Pouring Rights and Vending Pouring Rights

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.

3.7 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 C, Attachment No. 13. Proprietary information

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RFP PS-14-2329 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.

4 Mandatory General Requirements (Written Response Required)

The Proposers 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.

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

4.1 Name and Address

Name and Address of your operating firm. Names of owners or principles of your Firm. If a corporation, provide date of incorporation and President’s name. If other than corporation or partnership, describes organization and name of principals. If 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 C, Attachment No. 8.

4.2 Reference List and Reference Contact Information

Provide name, address and phone number of contact person from at least three locations where you provide soft drink products and services to universities of similar size to the University of Wisconsin-La

Crosse and/or beverage service to relevant commercial or institutional dining operations of similar size to the University of Wisconsin-La Crosse campus. Complete and return Section C, Attachment No. 9.

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.

4.3 Historical Background and Capabilities Documentation

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 Soft Drink Beverages, equipment for serving and dispensing the Soft Drink beverages and related support services to facilities of comparable size and complexity to the University of Wisconsin-La Crosse and its Dining Service Venues.

4.4 Description of Claims or Lawsuits

List and describe any claims or lawsuits that have been made against your company for nonperformance or inadequate performance as a provider of beverages and related services or as a licensee or recipient of other similar rights to pour and/or sell your brand of beverages at an athletic or dining service facility or other similar facility, building or event.

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RFP PS-14-2329

4.5 Bank References

List three bank references with which your firm is currently transacting business. Complete and return

Section C, Attachment No. 10.

4.6 Written Agreement to Terms

Describe your firm’s willingness to agree to as written the terms and conditions specified in section B,

Proposed Contract for Exclusive soft Drink Pouring Rights and Vending rights. Describe your firms approach to meeting these written terms and conditions. Complete and return Section C, Attachment

No 11.

5 Value Added Items – (Written Response Required)

Provide a written response for each item identified in 5.1 through 5.6, by each number and in the numbered order. If a response cannot be made to the Proposal on a particular item number, respond with the answer “N/A” or Explain in detail.

5.1 Cost Proposal: Cash Rights Fee

The Cash Rights Fee will be part of the Net Proposal Value. Complete Section C., Attachment No. 7 and include with your response.

5.2 Cost Proposal: Post-Mix and Canned/Bottled Beverage

Product Pricing for Post-Mix and Canned/Bottled Beverages must be at the levels designated in Section

C, Attachment No. 5 or less. Complete Section C, Attachment No.5 and include with your response.

The University of Wisconsin-La Crosse shall be allowed to purchase the winning Proposers products at or below the prices as listed in Section C, Attachment No. 5. The same shall apply for all University contracted services (e.g. Dining services, etc.) they will have the right to purchase the winning Proposers products at the contract prices for re-sale at University of Wisconsin-La Crosse.

5.3 Cost Proposal: Vended Soft Drinks

Vending Soft Drinks commissions paid to the University of Wisconsin-La Crosse shall be at or above the commissions as listed in Section C, Attachment No. 6. The Current Contracted University of Wisconsin-

La Crosse Flat rate Commission for Vending Dining Service (canned and bottled soda, bottled water and sports drink, etc.) is sixty percent (60%)

5.4 Cost Proposal: Athletic and Non Athletic & Marketing Sponsorship Opportunities Fee

Athletic and Non-Athletic & Marketing Sponsorship Opportunities Fees paid to the University of

Wisconsin-La Crosse at signing of contract and annually on July 1 of each year of the contract. Section C,

Attachment No. 4.

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RFP PS-14-2329

5.5 Equipment and Service

Equipment for vending is required per Section C, Attachment No.2. The equipment required for fountain dispensed drink is designated in the following sections: Section A, 5.5.1 and Section C,

Attachment No.15.

5.5.1 University Dining Service – Post Mix Equipment

POST MIX EQUIPMENT

Equipment meeting or exceeding specification of existing units, to be furnished on this contract, shall be new and furnished at no charge to the University. The Contractor will provide all materials, accessories and labor required for proper installation. Contractor instruction regarding setting and adjustment of the Brix reading to meet standards and daily cleaning type of maintenance shall be provided to the using locations as required.

Dispensers operate with their own electrical refrigeration unit for service of cold beverages. All equipment, beverage and CO2 cylinders, hoses and other accessory components must be maintained in good condition at no charge by the contractor or be promptly replaced.

Contractor is to provide, install and maintain all necessary equipment for the CO2 system used on dispensers at no cost to the university (excludes CO2 gas supply). Location of CO2 system is to be mutually agreeable between contractor and Contract Administrator.

All equipment provided on this contract must be insured by the Contractor with complete coverage for any damage, theft, etc. incurred during the entire contract period.

Equipment additions and deletions during the period of contract must be approved by the University

Contract Administrator and will be issued by formal purchase order.

Required Post Mix Equipment by Location: Section C, Attachment No. 15.

5.5.2 Vending Machines

Vending Machines at locations listed in Section C, Attachment No. 2.

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RFP PS-14-2329

5.5.3 Equipment Information

Proposer Shall Attach Separate Pages Indicating:

5.5.3.1 Ability and Proposal to meet such equipment needs, including Proposer’s willingness to use its best efforts to provide equipment that effectively operates in conjunction with the overall

University Venues.

5.5.3.2 The manufacturer model numbers and year manufactured for each piece of equipment that will be provided by Proposer.

5.5.3.3 The list price for each piece of equipment that will be provided by the Proposer.

5.5.3.4 The useful life for each piece of equipment that will be provided by Proposer.

5.5.3.5 The depreciation schedule for each piece of equipment that will be provided by Proposer.

5.5.3.6 Proposer’s Proposal for replacing the equipment to ensure that the University of Wisconsin-

La Crosse Venues continually operate with stat of the art equipment.

5.5.3.7 As identified in Section C, 16, the university has several new buildings and renovation projects. Please describe the evaluation process and requirements for requesting equipment to service new point of sale opportunities.

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RFP PS-14-2329

5.5.4 Submit a Service Proposal for the Following:

5.5.4.1 Cleaning and flushing post-mix beverage equipment.

5.5.4.2 Twenty-Four (24) Hour, Seven (7) Day Per Week, toll free telephone number for equipment support service.

5.5.4.3 Repair or replacement of any fountain within Twenty-Four (24) hour and vending equipment within Forty-Eight (48) hour notice.

5.5.4.4 Twenty-Four (24) Hour, Seven (7) Day Per Week, tool free telephone number for emergency repair services.

5.5.4.5 Respond to emergency repairs within Two (2) Hours of notification.

5.5.4.6 Please describe your methods of determining customer preference of product and flavors to be served at various venues along with the process to initiate ideas for delivering these products to consumers.

5.5.4.7 Please describe how you will work with the University to resolve issues that may arise with the card readers linked to student ID card system and vending machines.

5.6 Athletic Sponsorship and Non-Athletic & Marketing Sponsorship Opportunities

Athletic Sponsorship and Non-Athletic & Marketing Sponsorship Opportunities: Complete Section C,

Attachment No. 3.

6 Proposal Acceptance and Award

6.1 Preliminary Review

The Proposals will be reviewed initially to determine if mandatory requirements are met. Failure to meet mandatory requirements will result in rejection of the Proposal. In the event that all vendors do not meet one or more of the mandatory requirements, 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.

The University shall only consider Proposals from financially responsible firms presently engaged in the business of manufacturing, distributing or selling soft drink beverages, or licensing any such rights.

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RFP PS-14-2329

6.2 Right to Reject Proposals

The University reserves the right to accept or reject any and all Proposals. The University may 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.

6.3 Proposal Review

All Proposers will submit a Proposal (Section C)

The successful Proposer will at a minimum be required to meet all of the equipment, service and product requirements with the exception of the exclusions listed in Section C, Attachment No. 1. and meet the guidelines and requirements noted in Section C, Attachment No. 2, 4, 5, 6 and 7. The

Proposer will also be required to submit written response to Section A, Item No. 5 (5.1 through 5.6 in

entirety) and respond to and submit all required Attachments within Section C: 3, 4, 5, 6, 7, 8, 9, 10, 11,

12, 13, 15, 17. Once minimum requirements are met, accepted Proposals will be reviewed against the stated criteria. A Proposer may not contact any member of a review committee except at the

University’s direction. The committee may review references, request interviews, and/or conduct onsite visits and use the results in reviewing the Proposals. Proposals from certified Minority Business

Enterprises may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses (Wis. Tats. 16.75 (3m)). The evaluation committee’s scoring will be tabulated and proposals ranked based on the numerical scores received.

6.4 Review Criteria

Accepted Proposals will be evaluated by the University. Review and selection of a Proposal will be based on the analysis of the product pricing, commissions, fees, innovations, equipment, marketing, services and supplies at the facilities for the time period specified in the Proposal. Oral interviews may be required after the written proposals are received. Failure to attend an oral interview may result in rejection of the Proposer’s proposal.

6.4.1 Evaluation Criteria/Point Matrix

6.4.1.1 Cost Proposal: Cash Rights Fee

6.4.1.2 Cost Proposal: Vending Commission (excess of 60%)

0-100 points

0-100 points

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RFP PS-14-2329

6.4.1.3 Cost Proposal: Post-Mix and Canned/Bottled Beverage 0-100 points

6.4.1.4 Cost Proposal: Athletic and Non-Athletic & Marketing Sponsorship Op. Fee 0-100 points

6.4.1.5 Equipment and Service (Section 5 Value Added Items and

Section 4 Mandatory General Requirements Written Response)

6.4.1.6 Athletic/Non-Athletic and Marketing Sponsorship Opportunities

0-100 points

0-100 points

Maximum Points: 600 points

6.4.2 The Cash Rights Fee and Vending Commission Individual Evaluation

The Cash Rights Fee and Vending Commission will individually be evaluated with the most points awarded to each proposal with the highest cash commitment, using the formula:

Cash rights Fee/or Vending Commission – (100 Maximum points each)

To determine the points to be awarded for each the following formula is used:

Other Proposal score / Greatest total Financial investment (constant) X 100 = Score

The greatest Cash Rights Fee and the largest Vending Commission shall each score 100.

6.4.3 The Post-Mix and Canned/Bottle Beverage Evaluation

The Value of Post-Mix and Canned/Bottled Beverage Savings will be evaluated with the most points awarded to the proposal with the lowest cost to the University, using the following formula:

Lowest Total Product Costs (Constant)

(maximum Cost less the bid price)

Other Proposals

/ (Varies according to firm being scored) X 100 = Score

The lowest costs shall score 100 points.

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.

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RFP PS-14-2329

6.4.4 Athletic, Non-Athletic and Marketing Sponsorship Fee Evaluation

The Athletic, Non-Atheletic and Marketing Sponsorship Opportunities Fee will individually be evaluated with the most points awarded to each proposal with the highest cash commitment, using the formula:

Other Proposal score / Greatest total Financial investment (constant) X 100 = Score

The greatest Athletic, Non-Atheletic and Marketing Sponsorship Opportunities Fee shall score 100.

6.5 Award 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.

6.6 Notification of Intent to Award

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.

6.7 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. 19)

6.8 Dispute 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.

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RFP PS-14-2329

Any dispute 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 dispute 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 dispute 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

Proposed Contract for Exclusive Soft Drink Pouring Rights and Vending Pouring Rights

1 Parties To The Contract

This agreement, hereinafter referred to as “the Contract”, shall be between the 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 designate the brand of Soft Drink Beverages to be poured or served and vended by the University of Wisconsin-La Crosse campus. Such rights shall hereinafter be referred to as

“Exclusive Soft Drink Pouring and Vending rights: according to the terms set forth in this contract.

Michael Gasper, Assistant to the Vice Chancellor of Administration and Finance shall be the representative of the University responsible for the administration of the contract and referred to herein as “the appropriate campus authority”.

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RFP PS-14-2329

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.

3 Term of Contract

It is the intent of the University to start the resulting Contract on or about August 15, 2014through June

30, 2015 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, 180 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.

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.

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RFP PS-14-2329

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-14-2329

C. Response received

D. Written communication starting August 15, 2014

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-14-2329 shall not be made without the prior written approval of the University.

9 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

Coverage (B)

Commercial General Liability (CGL)

General Aggregate incl. Prdt/co

Each Occurrence

$100,000/500,000/100,000

$2,000,000

$1,000,000

Automobile Liability (including hired & non-owned)

Combined Single Limit

Additional Insured Provision

$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.

Remodeling or Renovation

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RFP PS-14-2329

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.

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.

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.

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.

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.

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 Performance Bond or Irrevocable Letter of Credit

The successful Proposer, hereafter referred to as “contractor”, shall be required to furnish a performance bond in the amount of $50,000. 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

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RFP PS-14-2329 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.

11 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 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.

12 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.

13 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.

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RFP PS-14-2329

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.

14 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.

15 Vending Cold Beverage Service Specifications

15.1 Vending Beverage Service

The University desires a sound, well-managed vending beverage service which will serve the varied components of the University, reflect the professional attitudes that will enhance the image of the

University, and provide its customers consistent and predictable service. The vending beverage service shall be supportive service for student activities and react to the changing trends in the vending industry

(debit card vending) and changes in campus demographics.

15.1.1 CBORD Transaction System –CS Gold version 6

The University utilizes the CBORD Transaction System – CS Gold version 6. The University has implemented a vending debit card program for use by students, faculty and staff for purchase of products at select vending locations on campus. The University shall be responsible for purchase/lease of the cards, card readers, installation of communication lines, selling and establishing purchase value and vending categories for purchases.

15.1.2 Vending Equipment and Debit Card Readers

The contractor shall be responsible for providing vending machines compatible with the CBORD

Transaction System and installing University provided card readers on vending machines.

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RFP PS-14-2329

15.1.3 Addition of Equipment Requirements

Additional Equipment added or replaced for mechanical malfunction, failure or any other reason is required to have installed CBORD Transaction System debit card vending readers prior to service if required at that campus location.

15.1.4 Comparable Standards of Service

The University shall determine which is in the University’s best interest regarding all such matters of the bookstore, convenience store and dining services. The contractor shall cooperate with the University to maintain comparable standards of service, menu variety and comparable portions and prices with that available in dining services.

15.1.5 Sale of Food and Beverages by Organizations Recognized by the University

Upon advance approval of the University and after advance notice to the contractor, recognized organizations shall be permitted to sell food and beverages on campus in connection with authorized

University events such as bake sales, fund-raisers and student activity programs.

15.1.6 Additional Vending Service Potential

When appropriate, the University shall advise the contractor of campus functions which may require additional vending beverage service to maximize service and revenue potential. Athletic tournament, large conferences, summer camp and department sponsored activities are examples of such functions.

15.1.7 Vending Minimum Portions and Product specifications

15.1.7.1 Compliance to Portions and Prices Specified in the Contract

The contractor shall comply with the portions and prices specified in this contract and those additions arrived at by mutual agreement of the University and contractor at the start of this contract. The item portion and price schedule included in these specifications shall serve as a price and portion guide for other items not specifically included.

15.1.7.2 Detailed listing of Pricing and Portions

One month prior to the start of the contract, the contractor shall provide a detailed listing of portions and prices of all other products intended to be served for prior approval by the University. All portion and price change requests shall be submitted to the University in writing for approval prior to implementation.

Price and portion change requests from the contractor may be submitted to the University for consideration on an annual basis. The University intends to only make price and/or portion changes July

1 of each year, and not until after the first six months of the contract. Under extenuating circumstances, and with price adjustment documentation, the University will consider price/portion adjustment requests.

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RFP PS-14-2329

The contractor shall provide the University with price and portion change requests a minimum of fortyfive (45) days prior to July 1. The contractor shall provide the University with data supporting changes being recommended. After cost change verification, the University shall determine those price and/or portion changes to be approved and the effective day. The University may in part, use the Consumer

Price Index (CPI) – All Urban Consumers, Midwest Region – Size B/C, Food away from home changes as a guideline in evaluating the contractor’s price change proposals. Then University may negotiate increased commissions on select products when cost increases are less than the amount of the sale price increases.

15.1.7.3 Sales Tax Requirements

All Prices include State and local sales tax.

15.1.7.4 Selling Price and Minimum Portion Schedule

Natural Fruit &

Vegetable Juices & Teas

Natural Fruit &

Vegetable Juices & Teas

Cold Coffee

Product

Soft Drink

Isotonics / Sports Drinks

Energy Drink

Waters – regular, flavored, carbonated, vitamin, etc.

Specification Specification/Portion

Size

Price

Minimum of six (6) flavors per vendor to include Pepsi-Cola or

Coca-Cola. Other flavors and brands including water determined by mutual agreement.

Bottle Vending 20 oz. $1.50

Natural Fruit & Vegetable Juices &

Teas: Blended/100%

Natural Fruit & Vegetable Juices &

Teas: Blended/100%

Cold Coffees/Frappuccino

Drink 20 oz.

Container 12 oz.

Container 15-20 oz.

Container 9-16 oz.

$1.50

Energy Drink 16-20 oz. $2.00 - $2.50

16-20 oz. $1.25-$1.75

$1.00/$1.25

$1.50/$1.75

$1.25-$1.75

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RFP PS-14-2329

15.1.7.5 Soft Drink Product Requirements

The University shall require that the vendor be able to furnish a minimum of six (6) flavors including Cola

(Pepsi or Coca-Cola), a diet cola (Pepsi or Coca-Cola), and other soft drinks not limited to Root Beer,

Orange, Lemon Lime, Diet Lemon Lime, Diet Caffeine-Free Cola (Pepsi or Coca-Cola), Sports Drinks,

Energy Drinks, Teas and Water. Product mix and sizes by machine and location shall be determined by mutual agreement of the University and contractor. The vendor should supply a full list of product offerings with the Proposal. The University may require a sample before using a particular product. If the contractor is unable to provide a particular product to meet consumer demand (i.e. 100% natural juice drink, etc.), the University reserves the right to provide a product from a vendor other than the contractor.

15.1.7.6 Natural Fruit & Vegetable Juice & Teas Product Requirements

The natural fruit and vegetable juice selections shall be grapefruit, grape, tomato, V/8 cocktail, orange, pineapple, cranberry, etc. Combination juices (less than one hundred percent (100%) juice) may be vended from the juice vendor but no more than fifty percent (50%) of the selections in the juice vendor may be combination juices. Name brands of national acceptance shall be provided and all other brands shall require prior University approval. At locations where a juice vendor is not provided, these products may be vended from the variable priced beverage machine and commissions shall be paid on natural juices as quoted per Proposal Submittal. If the contractor is unable to provide a particular product to meet consumer demand (i.e. 100% natural juice drink, etc.), the University reserves the right to provide a product from a vendor other than the contractor.

15.1.7.7 University Advisement of Product

The contractor shall take under advisement the University’s wishes regarding such considerations as brand preference, design and material specifications of supply items, use of state products, and use of local vendors where the resulting costs do not significantly jeopardize the fixed guarantee and commissions of this contract.

16 General Conditions

16.1 Service Requirements

16.1.1 Service Provided

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-14-2329

16.1.2 Relative Service Items

The contractor agrees that items relative to obtaining Exclusive Soft Drink pouring and Vending rights for beverage operations 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.

16.1.3 Quarterly Business Review

Recognizing that successful performance of this Contract is dependent on favorable response from the users, the Contractor shall meet a least quarterly 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. A mid-April meeting is required to plan additional machines and services for summer camps and conferences. After the initial contract year, the parties may upon mutual agreement adjust the specific terms, commissions or guarantees 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.

16.1.4 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.

16.1.5 Determination of Customer Preference

The Contractor shall provide methods of determining customer preference of product and flavors to be served at various venues. The contractor shall be alert to changing beverage trends and new market and changing diet patterns being evolved throughout the beverage service industry. As a result, the contractor shall be expected to initiate ideas for varied methods of beverage service and by mutual agreement implement these variations within the conditions of this contract.

16.1.6 Promotion Collaboration

The University shall encourage and cooperate with the contractor to promote and merchandise services and products to the fullest to attract students, faculty, staff, and guests to enjoy and fully utilize beverage services. The contractor, with approval from the University, shall implement merchandise and promote these new services and product variations in a manner typically used by commercial operations

(e.g. sample tasting, temporary food stands). Promotion techniques may consider all campus publicity

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RFP PS-14-2329 and advertisement including paid ads in authorized campus publications, radio announcements, posters, and approved point of purchase displays. National marketing promotions with the approval of the

University are encouraged.

16.1.7 Occupation of the Premises

The contractor shall occupy and use the premises, as defined by the University, only for vending beverage service. 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.

16.1.8 Regulation of the Method of Service

The University shall have the right to make reasonable regulations on the method of service, opening and closing hours, safety, sanitation, maintenance and use of Vending Beverage Service areas and the contractor agrees to comply with such regulations. Authorized representatives of the University shall have the full right of access to all vending areas at any and all times.

16.1.9 Applicable Terms and Obligations

The terms and obligations of this contract shall be applicable to vending beverage services operated in various and separate locations of University owned space (e.g. Student Center, etc.), 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. Please note that the La Crosse Medical Health Science

Consortium Building (HSC) is not owned by the University and reserves the right to determine the vendor and products utilized within the building. Currently, there are two vending machines at the HSC location operated by an independent vendor.

16.1.10 Product Samples for Evaluation and Approval

Prior to the start of the contract and at any time during the life of the contract the University at its option may require samples of vending products for evaluation and approval prior to the sale at the

University of Wisconsin-La Crosse. The university also reserves the right to allow product samplings or tasting events for vendors other than the contractor.

16.2 Personnel, Employment and Staffing

16.2.1 Maintain Adequate Staff

Contractor shall at all times maintain on duty for the University an adequate staff of employees for efficient operation. The contractor shall provide expert administrative, purchasing, equipment consulting and personnel supervision.

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RFP PS-14-2329

An adequate staff of employees, to be approved by the University, shall be on duty to provide the campus efficient, prompt and sanitary service. The University shall have the right to review the staffing patterns and job schedules and require the contractor to take appropriate action to insure adequate service. The University may require the contractor to increase staff based on the needs of the operation. The University shall be the final approving authority for adequate staffing requirements.

Contractor shall be responsible for supervision and control of its employees and agents while on

University property. The University reserves the right to require the Contractor to remove any employee or agent of the Contractor at any time, whether temporarily or permanently from University property.

16.2.2 Management Staff

Contractor shall provide headquarters management staff, made known to the University by name, to routinely review and inspect operations, fill staff vacancies if necessary, consult with the University on current and future vending beverage programs and act with full authority on the Contractor’s behalf in all matters pertaining to Contract specifications.

16.2.3 Personnel Relations of Employees

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. Personnel of the contractor shall observe all regulations of the University. Failure to do so may be grounds for dismissal.

16.2.4 Training and Development Programs

The contractor shall have the resources and staff for continually providing satisfactory training and development programs for their employees at all levels of the organization. Regularly scheduled employee training shall be conducted by the contractor regarding such subjects as refrigeration maintenance, defensive driving, equipment repair, and proper sanitation. The contractor shall be responsible for the expense of such training meetings.

16.2.5 Uniforms

Employee uniforms shall be provided by the contractor, which are mutually agreed by the University and contractor, to be best suited for the job function intended. Uniforms are required to easily and appropriately identify the contractor and employee by name. Exceptions shall be determined by mutual agreement of the University and contractor. All employees of the contractor shall wear an approved uniform while on duty at the University.

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RFP PS-14-2329

16.2.6 Free or Discounted Vended Beverages

The contractor shall not furnish free or discounted vended beverages to its employees, those of the

University or any customer as a direct operating expense with a reduction of vending sales and/or commissions.

16.2.7 Certification of Food Handlers

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, and to submit satisfactory evidence of compliance with all health regulations to the University.

16.2.8 Parking Fees

The University requires the contractor to purchase a service vehicle parking permit for each vehicle that is used on campus in the service of the contract. For information regarding parking fees and regulations, please contact Victor Hill, Campus Parking at Parking Services Manager at 608-785-8056.

16.2.9 Report of Child Abuse or Neglect

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 System Institution, the contractor shall also report that abuse to the

University of Wisconsin System Institution Office of Equity and Diversity.

16.3 Fiscal and Accounting Requirements

16.3.1 Records and Retention

Contractor shall maintain complete and accurate records in accordance with accepted industry accounting practices and shall keep in a safe place all such financial records and statements pertaining to the operations of this institution for a period of five (5) years from the close of each year’s operation.

All records maintained by the Contractor pertaining to the Exclusive Soft Drink Pouring and Vending rights shall be open to inspection and/or audit by the State of Wisconsin and/or the University at any mutually agreed upon time. The Contractor shall advise the Contract Administrator and University’s

Internal Auditor of the Contractor’s schedule of records and operations at the University. The University

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RFP PS-14-2329 shall have the option to participate in the contractor’s audits and may request a full report of these audits.

The contractor shall maintain complete and accurate records of vending transactions for each machine in accordance with accepted industry accounting practices, and shall keep in a safe place all such financial records and statements pertaining to the operations at the University for a period of three (3) years from the close of each year’s operation.

16.3.2 Payments

Contractor shall pay the University of Wisconsin-La Crosse the Cash Rights Fee, Athletic Sponsorship Fee and Non-Athletic Sponsorship Fee at the beginning of the contract, August 2014 and annually thereafter on July 1 of each year.

16.3.3 Invoice Requirements

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt at

University of Wisconsin-La Crosse Accounts Payable. Before payment is made, the University also must verify that all invoiced charges are correct and identified as being a part of this contract. Only properly submitted invoices shall be officially received for payment. Prompt payment requires that all invoices be clear and complete in conformity with the instructions below.

All invoices (not vending debit card invoices) must be itemized showing:

16.3.3.1 Purchase order number

16.3.3.2 Contractor Name

16.3.3.3

16.3.3.4

16.3.3.5

16.3.3.6

Remit to address

Product manufacturer’s name or abbreviation

Contractor’s catalog and/or stock number(s)

Prices per the contract

16.3.3.7

16.3.3.8

16.3.3.9

Complete product description

Manufacturer’s product number

Products covered by the designated purchase order

Each invoice should contain only those products covered by the purchase order designated on that invoice. All invoice prices are to be stated in the same units as the units shown on the proposal form.

Invoices accompanying deliveries will be in triplicate.

Invoices not meeting the above criteria may disqualify Proposer from future Proposals.

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RFP PS-14-2329

16.3.4 Vending Collections/Metering Counts

A representative of the University may accompany the contractor’s route employees when meter counts and money collections are made at a time pre-determined and agreed by the University. When accompanied by a University auditor cash receipts collected from the equipment shall be jointly counted by the University and the route employee at a location and by means determined by the University and mutually agreed by the contractor. Revenue discrepancies from the composite of these collections and that reported on the period statement shall be explained by the contractor in writing as part of such period statements.

16.3.5 Basis for Vending Commissions

Commissions shall be expressed on the included Proposal submittal forms by the contractors on net sales (gross sales, less State and Local Tax) on all items as follows: Percentage on individual vending product categories or maximum guarantee total commission per year or one hundred thousand dollars

($100,000), whichever is greater. The contractor may elect to quote a lower guarantee than the maximum specified. Contract award shall be determined in part based on the commissions quoted.

The contractor’s non-resettable meters, after reconciliation to cash collections and debit card sales, shall be used as the basis to compute commissions payable to the University. Cash collections shall be bagged and counted by machine, reconciled to reported inventory sales and not co-mingled with changer funds. When reported inventory sales differ from cash collections and debit card sales,

commissions payable shall be determined on the reported inventory sales.

The vendor shall on a regular basis collect the cash and swipe a manager card on each card reader when the money is collected. This will allow the University to report sales that can be reconciled by the contractor.

All vending equipment shall be equipped by the contractor with non-reset item sale counters and /or totalizers which are maintained in continual operative condition; and each period statement shall include beginning and ending counter route inventory cards.

Inventory control records shall be kept for each machine indicating date product was added, product description and sales price. The contractor shall make available any and all vending product inventory records to the University for the purpose of periodic vending audit and to reconcile contractor vending sales on a schedule to be determined by the University.

Product inventory and sales shall be recorded by machine at the time of each service occurrence.

Inventory control records shall be retained a minimum of two (2) years after the sales and commissions for each period are recorded and reported to the University.

The vendor shall provide to the contract administrator a vending machine sales report for each collection period which identifies:

Vending Machine Number

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RFP PS-14-2329

Date and Time of Collection

Reported Sales from the Vending Machine

The report shall subtotal sales by location(s) as defined by the University.

The report shall be provided to the contract administrator or designee following the collection from any/all vending machines and prior to departing campus.

Refunds and test transaction amounts shall be deducted from vending commission statement gross sales item categories in which refund and tests occurred prior to computation of State and local sales tax and commissions due the University.

16.3.6 Vending sales Tax Determination

In addition to the five percent (5%) State Sales Tax, La Crosse County has enacted a one-half of one percent (0.5%) sales tax on all vending gross sales. Commissions quoted per Proposal submittal shall be in recognition of the State and county sales taxes and the same commission percentage shall be applied to the calculated taxable sales.

Commissionable sales (taxable sales) shall be determined by deducting from gross sales refunds, test transactions and dividing by 1.055, provided the customers are advised of the amount of the sales tax they are paying by posted sign or printed notice. The contractor on request shall make available to the

University copies of all sales and other excise tax report which the contractor is required to furnish any government or governmental agency which identify those revenues and resulting taxes generated at the

University.

16.3.7 Vending Sales Tax Change

The University’s commission under this contract are determined in part with the contractor’s full consideration of applicable State, Federal, county or local excise and sales taxes on all products at the start of this contract. In event of an increase in these taxes or change in tax structure increasing contractor’s tax liability and affected vending product sale price is not adjusted, commissions shall be reduced the exact same amount in dollar terms to compensate the contractor for tax increase. In the event of tax decrease, and no decrease in gross sales price is affected, the University shall receive the exact same amount in commission compensation for such decreased tax.

16.3.8 Uniform Statements

Contractors with vending service at more than one University of Wisconsin University shall provide period statements which are uniform at each University as nearly possible as the obligations of each contract specifications permit.

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RFP PS-14-2329

16.3.9 Vending Vandalism or Theft

Vending commissions shall not be paid on the contractor’s revenue losses resulting from vandalism or theft of money or product from vending equipment at the University. The University shall receive commissions on any funds recovered.

16.3.10 Vending Reports

The University shall require the contractor to provide vending sales and commission reports that provide the following information:

(Prior to the start of the contract, the University and Contractor shall mutually agree on the report(s) format and contents to satisfy.)

16.3.10.1 Product code for the following individual categories: Bottled Soda 20 oz., Isotonic

Beverages 20 oz., Canned Juice, Bottled Juice, Waters and Other/Energy Drinks.

16.3.10.2

16.3.10.3

Building Location of Machine(s)

Machine Number

16.3.10.4

16.3.10.5

16.3.10.6

Selling Price of Products

Date Machine Installed (Separate Report)

Date Machine Removed From Service (Separate Report)

16.3.10.7

16.3.10.8

Designation of new or used machine at time of installation (Separate Report)

Gross and Net sales and Sales Tax for each machine by Location each Period

16.3.10.9

Period.

Year-To-Date Gross Sales, Net Sales and Sales Tax for each Machine by Location each

16.3.10.10 Total Commission for each Machine by Location for each Period

16.3.10.11 Year-To-Date Commission for each Machine by Location each Period

16.3.10.12 Refunds and Tests for each Item Category

16.3.10.13 Required Beginning and Ending Meter Reading

16.3.11 Vending Refund System

A voucher refund system shall be required and shall involve dispersing of funds through authorized representatives of the University. The voucher system shall include a form supplied by the University to be filled out by the person making refund claim and shall include the following information: Machine,

Description of What happened, amount of loss, amount of refund, date, building and who suffered the loss. The contractor shall supply and maintain funds for the refunds to the satisfaction of the University.

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RFP PS-14-2329

On a mutually agreed upon schedule the contractor shall check with the designated University party to replenish funds. The university and contractor shall mutually determine the locations on-campus where refunds are administered and the maximum fund to be provided each location. The University shall provide refund instructions and debit card signs for each machine. The University shall provide source documents to verify reported refunds.

16.3.12 Vending Commission Payments

The University shall pay to the Contractor the amount of debit card gross sales as reconciled to the machine meter readings and CBORD transaction system data. The monthly payment shall be paid to the contractor no later than the last day of the month following the monthly sales collection period. A report shall accompany this payment with a detailed explanation of dollar sales by each machine, by location, and extension of commissions and a composite statement of said dollar sales and commissions.

Causes of abnormal revenue deviations shall be noted by the University as part of these statements.

The University shall remit payment in accordance with prompt payment policy guidelines.

At collection dates, a representative of the University shall assemble debit card point sales data from each vending machine. The University shall accumulate these reading and shall remit to the contractor gross sales of all debit card sales recorded through the electronic access system for the previous period by each machine.

The contractor shall pay the University the commission percentage of each period net (gross sales less

State and Local Sales Tax) vending sales on or before the 20 th

day of the period following the last day of the period in which commissions were earned for cash sales and shall accompany this payment with a detailed explanation of dollar sales by item category, by location, by each vendor and an extension of commissions and a composite statement of said sales and commissions. Causes of abnormal revenue deviations shall be noted by the contractor as part of these statements.

The University requires a minimum of twelve (12) monthly revenue and commission statements annually, including periods of reduced revenues.

The University shall determine the number of separate statements and commission checks required from the contractor for various divisions of the University. At the start of the contract the University shall require one period statement and commission payment check to the University.

All period commission statement and payments shall be sent to the University. Vending commission payments not received by the University on the 20 th

day following the last day of the period in which it was earned shall be paid by the contractor plus a minimum interest penalty on the commissions due at the prevailing interest percentage and conditions the State of Wisconsin uses for delinquent income tax.

All period commission statements and payments should be sent to Business Services, 1725 State Street,

University of Wisconsin-La Crosse, La Crosse, WI 54601

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RFP PS-14-2329

16.3.13 Guaranteed Payments

One year from the new effective date of this contract and each full year thereafter during the life of the contract the contractor shall pay the University that portion of commissions due, if any, to equal the guaranteed annual commission required in this contract. Payments shall be made by the 20 th

day of the following accounting period in which they were earned and recorded as commissions paid in the year the guarantee was due.

On expiration or termination of this contract, partial year guarantee commissions due, if any, shall be determined by dividing the prior year commissions earned through the date of termination by the prior contract year total commission or guarantee received, whichever is greater. Multiply the resulting percent prorated commission received the prior year by the annual guarantee required per Proposal submittal. If the resulting prorated guarantee is greater than the commissions received to date of termination, any balance due shall be paid the University by the 20 th

day of the following accounting period.

The University has established the annual guarantee at a level sufficient to ensure the quality and service standards specified are maintained. However, in the event the University requires the contractor to remove equipment from a location or locations which reduce annual commission payments below the guarantee, the contractor may request a reduction of the guarantee in the amount equal to the commission generated as a result of added locations during the term of the contract shall be used to offset the amount of annual guarantee reduction. Guarantee adjustments require prior approval of Procurement Services Office and amending to the contract.

16.3.14 Vending Equipment Removal Commissions

On expiration or termination of this contract, vending commissions due the University shall be paid on sales until all equipment has been removed, and the removal date shall be indicated on the period statement when each piece of equipment was removed, including equipment removed at any time during the contract period prior to expiration.

16.3.15 Vending Statement Review

On request of the University the contractor shall meet with the University and review each period statement, explain deviations, discuss problems and mutually agree on courses of action to improve the results of the required services included in this contract. Period statement adjustments required as a

result of review and/or audit shall be identified and reflected on the next period statement.

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RFP PS-14-2329

16.3.16 Vending Audit

16.3.16.1 Cash collections reports, route inventory cards and reported sales shall be audited on a regular schedule, as determined by the University auditor, to verify the contractor’s inventory control and reported commissions.

16.3.16.2 Periodic reviews conducted jointly by representatives of the University and the contractor shall be made to ensure that commissions and guaranteed payments, pricing structure and other phases of the operation are conducted in the most efficient and financially sound basis.

16.3.16.3 All records pertaining to the operations of vending beverage service shall be open for inspection and/or audit by the State and/or University of Wisconsin at any or all reasonable times.

16.3.16.4 The University of Wisconsin-La Crosse shall be advised by the contractor of the schedule of the contractor’s audit of their records and operations at the University. The

University shall have the option to participate in the contractor’s audits and may request a full report of these audits.

16.4 Products, Ordering and Delivery Requirements

16.4.1 General Requirements

16.4.1.1 All products delivered shall be transported at the proper storage temperature.

Delivery is to be made in clean, enclosed, and as necessary, temperature controlled trucks. Noncompliance will result in refusal of product and replacement at contractor’s expense. Delivery trucks size should be appropriate to the campus size and limitations.

16.4.1.2 Additional items may be added to this contract at the discretion of the University of

Wisconsin-La Crosse. Prices for these items will be at the same rate as like items on the contract. Products which are no longer manufactured or which are not being ordered in sufficient quantity may be deleted from this contract by the University. The Contractor shall promptly notify the University of new or discontinued items.

16.4.1.3 Only the University of Wisconsin-La Crosse and the campus Dining Services

Contractor shall be eligible to purchase from this contract.

16.4.2 Non -Vended Beverages

16.4.2.1 Authorized University personnel must sign all delivery invoices.

16.4.2.2 locations:

Delivery of all items will be required, F.O.B. destination, to the following campus

Cartwright Center

Whitney Dining Hall

Veterans Memorial Stadium

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RFP PS-14-2329

Mitchell Hall

Other areas as required

16.4.2.3 Minimum delivery charges or stop charges are not acceptable and Proposals so designated may be rejected.

16.4.2.4 Delivery requirements will be determined weekly at the University. Quantities for the following required delivery week shall be ordered no more than three (3) days in advance of the delivery day unless mutually agreed upon. The University reserves the option to add to the originally submitted order based on a change in needs. Quantities listed are one year total estimates. Contractor should be advised that University requirements vary drastically during break periods (Summer Break, Winter Break, Spring Break, etc.). The University does not agree to purchase specific quantities of any items.

16.4.2.5 Weekly delivery will be required, subject to the time of the year. Deliveries shall be made to the University receiving stations between 7:00 a.m. and 2:30 p.m. Monday – Friday.

Should an emergency situation occur, the contractor shall contact the purchasing units at numbers designated prior to 2:30 p.m. for late delivery approval.

16.4.3 Vended Products

16.4.3.1 The contractor shall supply vended beverage products to the equipment Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. during the regular academic semesters and summer school. At the beginning of each term (Fall, Spring, Summer) a meeting will be held with the Assistant to the Vice Chancellor of Administration & Finance to review and approve the deliver cycle for each machine.

16.4.3.2 Any machine that is consistently found with two (2) or more selections empty will require more frequent delivery visits.

16.4.3.3 The contractor shall be alert to specific equipment that requires product inventory stocking more frequently than once per day to maintain adequate product variety and inventory to provide satisfactory service twenty-four (24) hours per day.

16.4.3.4 Prior to the start of the contract and each semester, the University and contractor shall mutually determine those vending locations requiring weekend service.

16.5 Pricing

16.5.1 Price Adjustments

Product Prices quoted herein shall be firm for one (1) year. Thereafter, price adjustments may be made at twelve (12) month intervals not to exceed the Consumer Price Index (CPI) – All Urban

Consumers, Midwest Region – Size B/C, Food away from home. The base index shall be the index average for the month prior to the time this contract is awarded.

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16.5.2 Price Change Proposal

Price Change proposals must be submitted not less than forty-five (45) days prior to the beginning of the twelve (12) month period in which they are to be effective. The price change Proposals must be supported by documented increases in the cost to the contractor which are demonstrated to be industry wide. The documentation may include, but not limited to, Consumer Price Index (CPI) – All

Urban Consumers, Midwest Region – Size B/C, Food away from home. The base index shall be the index average for the month prior to the time this contract is awarded.

16.5.3 Price Change Submission Process

Price change proposals must be submitted to:

Mike Gasper

Assistant to the Vice Chancellor of Administration & Finance

University of Wisconsin-La Crosse

125 Graff Main Hall

La Crosse, WI 54601

Phone: 608-785-6494

Email: [email protected]

If approved, a contract amendment incorporating the new prices will be issued by the System

Procurement Office. Failure to agree on a price change shall be grounds for termination of the contract in accordance with the Termination Clause.

16.5.4 Invoice Prices

All invoice prices shall be the last approved pricing.

17 Equipment Requirements

17.1 Specified Equipment

Contractor shall provide the equipment specified in Section A, Article 5.5 herein.

17.2 Equipment Location and Installation

The University and Contractor shall determine installation location of the required equipment at new and existing sites by mutual agreement. The Contractor shall assume sole expense and risk to place, install and maintain all soft drink dispensing and holding equipment. Where necessary, electricity, water and waste space and facilities shall have prior approval of the Contract administrator or area designee.

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Location and description of required Vending Equipment, presents the initially required minimum equipment; but it is intended that at regular intervals during the duration of the contract the amount of required equipment shall be examined by the University and contractor with the objective of providing the best possible service to the students, staff, faculty, and guests. All equipment must be in compliance with the American with Disabilities Act (ADA). All machines shall be capable of having debit card readers.

The contractor shall provide multi-priced beverage vendors. Changes of product and equipment shall require prior approval of the University. The wholesaler may provide the University cold beverage vending equipment in compliance with the Wisconsin Administrative Code, Agr. Chapter 129. The contractor shall coordinate the ordering, delivery, repair requirements and return of the soda vending equipment. All cold beverage vending equipment shall remain the property of the bottler/wholesaler on loan to the University.

The contractor shall stock, maintain, service and repair all equipment. Then contractor shall provide the labor and parts required for equipment repair at no charge to the University. Contractor shall clean and service the soft drink dispensing and holding equipment.

17.3 New And Updated Equipment

The University requires the contractor to provide new and updated vending and related auxiliary equipment. New equipment shall be of most recent model and not manufactured prior to 2013.

Updated equipment shall be model 2007 or newer, and shall be shop rebuilt and refurbished prior to installation. Energy efficient or energy star rated equipment is required. Equipment not meeting this requirement should be equipped with energy conserving devices such as VendingMiser technology.

Canned soda and juice vendors provided with product identification graphic shall be acceptable.

For purpose of this contract, updated, rebuilt and refurbished requires the equipment be in like new condition prior to final acceptance by the University for location on campus. Acceptance of machines will be based on compatibility with the CBORD Transaction System – CS Gold version 6.

New and update equipment shall be listed as certified by the Automatic Merchandising Industry Health

Code. If the 2007 model equipment has been used, it shall be inspected by the University for approval prior to installation. All updated equipment shall be subject to inspection and approval by University prior to final installation.

The vending equipment shall be compatible in terms of décor when two or more beverage machines are placed together at one location. The vending equipment shall be the same height to give uniformity of appearance, except as otherwise mutually agreed by the University and contractor. The University shall install and pay the costs of any decorative motif.

The cold beverage machine shall be equipped with non-reset electronic sales totalizers and selection panels which have the capability to provide digital display of total sales. Cash collections reports, debit card sales, reported sales, inventory control records, and non-reset item sales counters and totalizers,

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RFP PS-14-2329 revenues shall be audited on a schedule, determined by the University Auditor, to verify the contractor’s inventory control and reported commissions.

The contractor shall provide the University with invoice copies to verify new vending equipment purchases are in compliance with contract requirements. Initial and subsequent installations of new and updated vending equipment shall be identified by type of equipment, serial number, manufacturer’s meter readings and location. These listing are to be provided to the University not later than thirty (30) days after the effective date of the contract.

After the start of this contract, the contractor shall not add or remove vending or auxiliary equipment without prior written approval of the University. All schedule revisions shall be recorded on the monthly revenue and equipment commission report.

17.4 Required Number of Equipment Review

At regular intervals during the contract, the amount of required equipment shall be examined by the

University of Wisconsin-La Crosse campus operations managers and contractor with the objective of providing the best possible service to eligible users.

17.5 Equipment Maintenance for Life of Contract

Equipment shall be maintained throughout the life of the Contract free and clear of any liens, mortgages, and encumbrances unless otherwise agreed by the University. Contractor shall institute and maintain a program of preventive maintenance and regular replacement of worn, damaged, or malfunctioning soft drink pouring equipment.

17.6 Equipment Compliance with Safety Requirements

All material, equipment and supplies provided to the University must comply fully with all safety requirements 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.

17.7 Installation of New Technology

As “state of the art” soft drink dispensing capabilities evolve, the University and contractor will discuss the feasibility and terms of installing equipment and programs for new technological developments at mutually agreed locations.

17.8 Installation of Debit Card Readers on Vending Equipment

The University has a debit card program for use by students, faculty, staff and guests for purchase of products at most of the vending locations. The University owns the card readers and shall be responsible for the installation of communication lines, selling and establishing purchase value and determining vending categories for purchases. The contractor shall be responsible for the installation of the debit card readers on vending equipment.

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17.9 Monthly Reporting of Debit Card and Cash Sales by Equipment and Location

The contractor shall be responsible to provide the university with monthly debit card and cash sales by vending machine by location.

17.10 Utilities Responsibility

Where necessary, and mutually agreed by the University, utilities shall be brought to equipment by the

University. The contractor shall be responsible for paying the costs of connections from the equipment to the provided utility source, including all other costs of installation of the equipment.

The University shall not guarantee an interrupted supply of water, steam, electricity or heat except that it shall be diligent in restoring service following an interruption. The University shall not be liable for any loss that may result from the interruptions or failure of any such utility services.

17.11 Equipment Ownership

All vending equipment owned by the contractor shall remain with the contractor. However, the

University agrees to take such measures as may be reasonably required, as defined by the University, for the protection against loss by pilferage or destruction. Required equipment repairs expense shall be the contractor’s responsibility.

17.12 Equipment Operation

The vending machines shall be operated during the entire year, but with reduced selections arrived at by mutual agreement for the University vacation breaks. The contractor shall meet annually in May with the University to determine if any number of additional machines are required to service summer camps and conferences.

17.13 Rate Service Attendants

The contractor shall provide uniformed rate service attendants at high sales volume locations during peak service periods, as mutually agreed. The rate service attendants hall assist with the operation of equipment, re-stock vending items, maintain the service area in a sanitary and orderly condition, and other such services as may be required.

17.14 Equipment Operating Instructions

The contractor shall provide at each vending food equipment location operating instructions. The contractor shall post on every machine the following information: refund location, University vending hotline number, University vending Email address for concerns/suggestions etc., vendor toll free telephone number to accept service calls.

All information including permits, licenses and price regulation required to be posted shall be displayed in an appropriate manner agreed by the University without defacing of the facilities of the University.

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17.15 Refunds and Malfunction Reports

The contractor shall provide at each vending beverage service equipment location, operating instructions and information to eligible users where malfunction reports and refund requests may be made. All information including permits, licenses and price regulation required to be posted shall be displayed in an appropriate manner agreed by the University without defacing of facilities of the

University.

17.16 Responsibility for Control of Keys, Proximity Cards and Security Procedures

The contractor shall be responsible for control of keys or proximity cards obtained from the University and the security of those areas for which and when they are used by its representatives. The contractor shall be responsible for immediately reporting all the facts relating to losses incurred, equipment damage or break-ins to their equipment and areas of the University. The University shall designate the authority who shall receive these reports and be responsible for key and card issue and periodic review of key and card control.

At this time the contractor has not been issued proximity cards and University keys. The contractor is responsible for the purchase of padlocks and other security devices which may be required by the contractor to further endure revenue, product or property.

The University shall provide the contractor with routine campus protection currently available to vending food service, such as night patrol, door checks, security consulting, call response, etc.

The University and contractor shall mutually determine the additional security measures required to control unauthorized access to all vending beverage service areas included in this contract.

The contractor shall be responsible for replacement of lost keys and the cost of re-keying and replacement of lock cylinders required as a result of their negligence and/or loss of keys.

17.17 University Storage of Equipment after Contract Cancellation

Vending and auxiliary vending equipment not removed from the University locations on cancellation or expiration of this contract and/or after ten days written notice to the contractor may be removed and placed in storage by the University. All costs of removal, storage and product and revenue loss shall be the contractor’s.

17.18 Change Making Equipment

Change making equipment installed in machines shall have the capability of customer selection of changing coins, and $1.00 and $5.00 currency or both as determined by the University. The changer model, capacity and arrangements for security shall be by mutual agreement. The contractor shall provide and service the changers with amounts of change at frequent intervals to ensure change is continually available. All vending equipment shall have the capability of returning change in amounts of

$0.05, $0.10, or $0.25 as required, and have adequate change inventory for required returns.

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All machines unless otherwise noted, shall be equipped with a microprocessor controlled dollar bill acceptor as equipment accessory for all vending locations.

All vending machine coin/bill changer mechanisms shall be electronic and maintained at the full change bank capacity and inventoried each time the machine is serviced and brought up to capacity. The coin changers shall be designed with automatic refill features.

Dollar bill and/or acceptor mechanisms on vending machines installed within the duration of this contract must be compatible with the CBORD Transaction System. Any dollar bill acceptors that do not function properly, or do not provide the desired audit outputs to the CBORD debit card readers shall be replaced or upgraded. Any and all costs associated with replacing or upgrading dollar bill validators or coin mechanisms shall be the sole responsibility of the contractor.

17.19 Manual Sale of Items

Items sold through vending equipment shall not be manually sold by vending attendants or route employees. Prior to requiring manual sales of items sold through vending equipment high volume areas shall be equipped with additional vending equipment of the type required. Location sales during the equipment stocking processes shall not be done manually.

17.20 Removal of Equipment Upon Termination of Contract

Upon termination or expiration of this Contract, Contractor shall vacate and return the premises to the

University in the same condition as at the time the contractor entered the premises. (Reasonable use and wear expected.)

Soft drink dispensing and holding equipment not removed from the University locations on termination of this Contract after ten (10) days written notice to the contractor may be removed and treated as abandoned property. All costs of removal, storage and product revenue loss shall be the contractor’s.

In all locations, remote soda and CO2 lines are to remain in location and in no way be removed, damaged or destroyed.

18 Equipment And Facilities Maintenance, Replacement and Sanitation

18.1 Premises, Equipment, Supplies and Facility Maintenance

The premises, equipment, supplies and facilities shall be maintained throughout the life of this Contract in condition satisfactory to the University and in compliance with Chapters HSS 196 and HSS 198 of the

Wisconsin Administrative Code and Sec. 50.50 (4), Wisconsin Statutes. The contractor shall adhere to the highest standards of cleanliness and sanitary practices, including beverage and equipment handler’s appearance and performance in the preparation, service, transport and storage of beverage and related

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RFP PS-14-2329 items. Structural, utility and equipment changes necessary in order to comply with such requirements shall be made by the University at its expense.

18.1.1 Sanitary Maintenance of Vending Machines

The contractor shall maintain in a sanitary condition all vending machines. The customer-contact surfaces of all equipment including selector buttons, knobs and handles shall be cleaned with germicidal solution applied with disposable toweling. Visible products residue shall be removed with warm water and detergent before application of the germicide.

18.1.2 Sanitary Maintenance of External Vending Machine Cabinet

The external cabinet of all vending machines, including cabinet tops, shall be kept free from dust and other contaminants. Screens, compressor zones and condensers shall be inspected regularly for dust seepage and other residue and shall be kept clean.

18.1.3 Equipment Sanitation Inspection

Contractor’s employees shall be responsible for inspecting under and behind the vending machines and supplemental equipment for evidence of dirt, debris and vermin. When cleaning of these areas is required, the contractor shall provide access, by kick plate (skirt) removal or machine movement, and advise the University of the need for cleaning.

18.2 State of Wisconsin Inspector Access

Consultant inspectors of the Wisconsin State Division of Environmental Health and Milk Certification

Section and/or Agent Health Departments of the division and campus safety personnel and environmental health specialists shall have complete cooperation and access to all vending service, production and storage areas for inspections which they may conduct. These inspections may be at the request of the University or on said agency’s own discretion. A management representative of the contractor shall conduct equipment and facilities maintenance and sanitation inspections periodically. A copy of all inspection reports shall be furnished to the University by contractor. The contractor is responsible to implement corrective operating measures required as a result of these inspections and reports within ten days notification from the inspecting agency and by mutual agreement of the

University.

18.3 Preventative Maintenance Program

The contractor shall institute and maintain a program of preventative maintenance and regular replacement of worn, damaged, or malfunctioning equipment. This program shall be described in detail with each Proposer specifying equipment and parts on-hand to meet emergencies and routine maintenance and repair. The University shall not perform maintenance or repair on any equipment of the contractor or that on loan to the University.

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The University shall institute a preventative maintenance program and regular replacement of worn damaged or malfunctioning non-vending capital equipment and related facilities. The program shall be paid by the University and executed with the full cooperation of the contractor.

18.4 Vending and Auxiliary Equipment Maintenance and Repair Service Requirements

The contractor shall provide on call, as needed, vending and auxiliary equipment maintenance and repair service twenty-four (24) hours a day, seven (7) days a week so as to minimize equipment down time should malfunctions be reported. The contractor shall respond to emergency equipment service and repair calls/reports within a minimum of two (2) hours between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and two (2) hour response time during weekends. Equipment which cannot be returned to full services within forty-eight (48) hours of notification of needed repair shall be replaced with comparable equipment of like quality until the original equipment is returned to service.

The equipment repair service shall respond to emergency and daily routine maintenance requirements in a manner which limits equipment down time and customer inconvenience. The contractor shall provide the University a toll free number to call or accept long distance calls for required service twentyfour (24) hours a day, seven (7) days a week.

18.5 Equipment Replacement Program

The contractor shall maintain a continual program of equipment replacement in high volume locations where obsolescence becomes a factor resulting in potential service or sales reduction.

18.6 New Industry Security

The contractor shall keep the University informed on new industry security measures in use. The

University shall institute or execute such measures required to accomplish maximum property, product and revenue security when presented in writing by the contractor and mutually agreed by the

University. Industry improvements on vending equipment occurring during the life of this contract shall be incorporated by the contractor on the originally installed equipment and subsequent installations where it is deemed feasible by the University and mutually agreed by the contractor. Such improvements shall include, but not be limited to: fail-safe no touch burglar alarms, self-locking coin boxes and various electronic security, debit card readers and metering devices.

18.7 Floor Maintenance

The University shall provide daily floor maintenance in the vending areas, and the contractor shall cooperate in keeping this service to a minimum. Route employees shall clean floor spillage which occurs in the process of filling or sanitizing equipment.

The University shall be responsible for the periodic stripping and sealing or waxing of floors in the vending areas, and shall furnish at its expense the necessary equipment, supplies and labor. The

University and contractor shall mutually develop a semi-annual schedule for the University to thoroughly clean and seal the floor under and in the adjacent area of vending equipment.

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18.8 Recycling

The contractor shall comply with University and State Law PL 335, 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 remove from campus all waste packaging, master cartons, boxes, etc. from the vending service and storage areas. Wisconsin law requires a phased-in recycling program. The contractor shall assist the University with various recycling programs and assist in providing data supporting recycling 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 and following materials that generated as solid waste by the University and contractor:

Aluminum containers, foil, food containers

Corrugated paper or other container board

Foam polystyrene, formed and filler material

Glass containers

Magazine or other material printed on similar paper

Newspaper or other material printed on newspaper

Office paper

Plastic containers #1, #2, #6

Metal containers, aerosol cans, paint cans

Containers for carbonated or malt beverages that are primarily made of a combination of steel and aluminum

Waste metals, waste oils, clear plastic/shrink wrap, fabric, textiles, tires, batteries, laser printer cartridges, poly coated aseptic containers, cooking oils, dinnerware

18.9 Sanitary Trash Disposal Requirements

The University shall provide waste containers, bag liners and recycling containers in the vending areas, where necessary, and in sufficient number to maintain sanitary standards for trash disposal. All waste containers and recycling containers shall be kept in a clean and satisfactory condition at all times, and emptied as necessary by the University.

18.10 Insect and Pest Control

The University shall be responsible for the costs of insect and pest control in all vending service and storage areas. The contractor shall maintain maximum insect and pest control for its products and equipment.

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18.11 Loss of Equipment

All losses of equipment supplied as part of this Agreement incurred by the contractor for whatever cause, including but not limited to fire, accident, theft or vandals, shall be the sole responsibility of the contractor.

19 Contract Cancellation

19.1 Contract Termination

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 on hundred and twenty (120) days prior to such anniversary date.

19.2 Contract Breach

The University may cancel this contract for breach, as determined by the University, for 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.

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 sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this contract.

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 sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this contract.

19.3 Non-Appropriation of Funds

The University may discontinue this Contract, in whole or in part, without penalty at any time due to non-appropriation of funds.

19.4 Failure to Maintain Insurance Requirements

If the contractor fails to maintain and keep in force required insurance, the University shall have the right to cancel and terminate the contract without notice.

.

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20 Contract Administration

20.1 Campus Contract Administrator

The Campus Contract Administrator for the University is:

Mike Gasper

Assistant to the Vice Chancellor

Administration and Finance

University of Wisconsin-La Crosse

Room 233 Graff Main Hall

1725 State Street

La Crosse, WI

Phone: (608) 785-6494

Fax: (608) 785-8035

Email: [email protected]

The Contract administrator for the University is authorized to give the approvals for vending price changes required under this Contract on behalf of the University including changes in costs of fountain product or canned or bottled beverage to the Dining Services.

Day to day operations will be handled by area designees.

20.2 Contractor Administrator

The successful Proposer is required to name a Contract Administrator to represent the Contractor.

The Contract Administrator will be named here by the successful Proposer:

Name:

Title:

Company:

Address:

City/State/Zip:

Phone:

Fax:

Email:

The Contract Administrator for the Contractor is authorized to give the approvals and negotiate changes required under this contract on behalf of the Contractor.

21 Miscellaneous

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RFP PS-14-2329

21.1 Separability

Separability. If any provision of the Contract shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this contract.

21.2 Waiver

Waiver. A waiver by either party of any terms or conditions, provisions, or covenants of this Contract in any instance shall not be deemed or construed to be a waiver of any such term, condition, provision, or covenant for the future, or of any subsequent breach of same. All remedies, rights, undertakings, obligations, and agreements contained in this Contract shall be cumulative and shall not be in limitation of any other right, remedy, undertaking, obligation, or agreement of either party.

21.3 Amendments

Amendments. This Contract may be modified or amended in writing signed by authorized signatories of the Contractor and University.

21.4 Adverse Interests

Adverse Interests. During the term of this Contract and any renewals, the contractor will not provide services nor enter into any agreement to provide services to a person or organization that has interests that are adverse to the University. If the University believes that the Contractor is violating this paragraph, the University will notify the Contractor in Writing by certified mail. The University and the contractor will meet and discuss the alleged violation within thirty (30) days of such notice and in good faith seek a mutually acceptable resolution.

21.5 Assignments

Assignment. Contractor shall not assign or subcontract any of its rights or obligations under this contract in whole or in part without prior written consent of the University. Any attempted assignment or subcontracting without consent shall be void and of no effect.

22 Counterparts

This Contract may be executed in two counterparts, each of which shall be deemed an original, and both of which shall constitute a Contract.

23 Payment Schedule

NOTE TO PROPOSERS: Include the payment schedule option from Proposal, (Section C, Attachment No.

7, Cash Rights Fee.), (Section C, Attachment No. 4, Athletic and Non-Athletic Sponsorship Fee), (Section

C, Attachment No. 6 Vending Commission/Guarantee).

24 Standard Terms and Conditions

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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.

61

Wisconsin Department of Administration

Chs. 16, 19, 51

DOA-3054 (R10/2005)

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.

62

PS-14-2329

Section C

Attachments

1 Attachment No. 1 – Contract Exclusivity Inclusion and Exclusion

1.1 Inclusions For The Exclusive Contract

Dining Services

“Dining Service Venues” shall mean the following Dining Service facilities and operations:

Whitney Center, which includes the cafeteria. Located on the northwest end of campus, this

 facility serves approximately 3,100 Students.

Cartwright Center, which includes the Bookstore, the Galley, the Cellar, the Cyber Café, and selected food service catering. Located on the southeast end of campus, this facility serves the remaining commuter students, faculty, staff, and guests of the university.

Athletic Department

All “Athletic Department Venues”: University-owned athletic facilities where athletic events are scheduled.

On-Campus Athletic Events: All athletic related events on campus

General Campus

“Campus Venues” shall mean the following: All Campus Buildings and Grounds owned and associated with the University of Wisconsin-La Crosse campus. Please note that the La Crosse Medical Health

Science Consortium Building (HSC) is not owned by the University and reserves the right to determine the vendor and products utilized within the building. Currently, there are two vending machines at the

HSC location operated by an independent vendor.

Inclusions for this Exclusive Contract

Campus soda and Beverage Vending: this vending contract includes soda, juice, isotonics and waters.

Campus Pouring rights and Canned/Bottled beverage sales in Units not specifically excluded.

Campus Athletic Venue Exclusivity as noted in this Attachment No. 1

Excluded sales units may have competing product and point of purchase displays within their units. However, these products may not be advertised or promoted at the University of

Wisconsin-La Crosse.

63

PS-14-2329

University event sponsorships for covered products will be offered exclusively to the winning proposer.

Athletic sponsorship opportunities: (see Attachment 3)

Vending machines in the La Crosse Health Science Consortium Building (see Attachment 2)

1.2 Exclusions For The Contract

Locations Excluded from the contract are as follows:

A cooler at the Bookstore (exclusion includes floor or wall display units)

A cooler at the Badger Street Station convenience store (exclusion includes floor or wall display units)

Catered events will be allowed to provide the beverage of choice to customers.

Products Excluded from the contract:

Snack Vending

Milk

Tap Water

Hot Chocolate

Dispensed Hot and Iced Coffee & Teas

Non-alcoholic “Beer” and “Wine” Beverages

Alcoholic Beverages

Dairy Drinks

Dispensed 100% juices

Dispensed Juice Blends and Drinks in Dispensers

Draft Sodas (such as Sprecher)

64

PS-14-2329

2 Attachment No. 2 - Required Vending Equipment

Location and Description of Required Vending Equipment and Type of Machine

Note: *=Update Equipment 2007 or newer – All other Equipment New 2013

All equipment should be capable of multi-price sales and multi-product vends.

All equipment must be compatible with debit card readers. There are currently 43 machines equipped with debit card readers.

Energy efficient or Energy Star rated equipment is required. Machines not meeting this requirement should be equipped with energy conserving devices such as VendingMiser technology.

Additional Units will be required as new locations are added on campus or changes to venues occur.

Location Multi-Product Multi-Product

Glass Front

Total

Angell

Coate

Drake

Hutchinson

Laux

Reuter

Sanford

Eagle

Wentz

White

2*

2*

2*

2*

2*

2*

2*

2

2*

2*

2

2

2

2

2

2

2

2

2

2

REC

Cartwright

Health Science Center

Centennial Hall

Cowley

Fine Arts

Graff Main

Mitchell

Morris

Physical Plant

Wimberly

Wing

Murphy Library

TOTAL

2

2

2

3* & 3

2*

1*

3

3*

1*

1*

4

1

1

49

1*

1*

1*

3

2

2

2

6

3

1

3

4

1

1

5

1

1

52

65

PS-14-2329

2.1 - Vending Sales by Location

Vending Sales by Location

FY 2012-2013

Machine Location

Total

$ of Sales

Angel Hall

Angel Hall

Cartwright Center

Cartwright Center

$ 2,553.98

$ 1,542.86

$ 1,772.35

$ 1,170.75

Centennial Hall

Centennial Hall

Centennial Hall

Centennial Hall

Centennial Hall

Centennial Hall

Center for the Arts

Center for the Arts

Coate Hall

Coate Hall

Cowley Hall

Cowley Hall

Cowley Hall

$ 2,488.87

$ 3,540.51

$ 2,301.44

$ 760.64

$ 3,788.81

$ 3,857.31

$ 3,314.98

$ 1,688.64

$ 2,747.77

$ 2,272.58

$ 4,153.11

$ 3,858.15

$ 1,865.76

Drake Hall

Eagle Hall

Eagle Hall

Eagle REC Center

Eagle REC Center

Graff Main Hall

Graff Main Hall

Graff Main Hall

Health Science Consortium

Health Science Consortium

Hutchinson Hall

Hutchinson Hall

Laux Hall

Laux Hall

Mitchell Hall

Mitchell Hall

Mitchell Hall

Mitchell Hall

Morris Hall

Murphy Library

Physical Plant

Reuter Hall

Reuter Hall

Sanford Hall

$ 3,399.57

$ 4,685.97

$ 3,586.89

$ 2,916.90

$ 2,349.01

$ 1,402.74

$ 4,401.91

$ 858.62

$ 523.65

$ 3,670.59

$ 2,702.09

$ 1,514.59

$ 2,235.41

$ 372.99

$ 2,827.45

$ 2,621.20

$ 3,337.77

$ 980.40

$ 1,608.19

$ 9,861.10

$ 972.21

$ 3,061.03

$ 1,138.26

$ 2,732.24

66

PS-14-2329

Sanford Hall

Wentz Hall

Wentz Hall

White Hall

White Hall

Wimberly Hall

Wimberly Hall

Wimberly Hall

Wimberly Hall

Wimberly Hall

Wing Technology Center

Total

$ 453.80

$ 2,133.34

$ 776.37

$ 2,128.46

$ 1,113.36

$ 2,697.86

$ 3,343.92

$ 2,428.00

$ 5,407.85

$ 1,702.82

$ 2,217.70

$131,842.77

3 Attachment No. 3 – Athletic Sponsorship Opportunities/Non-Athletic Sponsorship and

Marketing Opportunities

Athletic Department Sponsorship Opportunities, Non-Athletic Sponsorship and Marketing

Opportunities

3.1 Athletic Sponsorship Opportunities

The Athletic Department will provide marketing/promotional opportunities for an Athletic Sponsorship

Fee payable annually to the Athletic Department for the life of the contract. The current annual sponsorship fee is $15,000.

The details of such sponsorship and marketing/promotional opportunities will be contingent upon the respondent’s proposal for the Athletic Sponsorship Fee. The following is a list of possible sponsorship opportunities.

Recognition on stadium video board during all home competitions.

Public address announcements at all home athletic events.

Venue signage.

In-game promotions sponsorship at home events.

Maroon Platoon sponsorship, the student support organization for UW-L Athletics, which currently numbers approximately 1,200 members.

Permanent signage opportunities

Logo on seasonal schedule cards.

Game Day program advertisement.

Website recognition.

67

PS-14-2329

3.2 Non-Athletic Sponsorship and Marketing Opportunities

Marketing Proposal for Non-Athletic Departments: The contractor shall pay the University with an annual Non-Athletic Sponsorship Fee to assist in marketing services on campus as determined by the

University. These funds will be managed by University Centers and may be held as a debit fund by the contractor. The contractor will provide a monthly report to University Centers of expenditures and the remaining balance. University Centers will approve requests made by campus organizations prior to sending the request to the Contractor. The current annual sponsorship fee is $11,000.

The marketing opportunities should promote the campus initiatives and events as well as the proposer’s relationship with the University. Marketing Sponsorship Opportunities at the University of Wisconsin-

La Crosse include, but is not limited to, the following: Banners for special events, seasonal promotions, product or merchandise (such as t-shirts and other apparel) for giveaways, contests, door prizes and special events ( i.e. Fall Move-in/Welcome Week) and other events open to the entire campus community and benefiting UW-La Crosse students.

3.3 Written Proposal of Athletic Sponsorship, Non-Athletic Sponsorship and Marketing

Opportunities Required

SUBMIT A WRITTEN PORPOSAL FOR ATHLETIC SPONSORSHIP, NON-ATHLETIC SPONSORSHIP AND

MARKETING AT THE UNIVERSITY OF WISCONSIN-LA CROSSE FOR A SEVEN (7) YEAR CONTRACT

INCLUDING THE FOLLOWING ITEMS.

EVALUATION VALUE: 100 POINTS

1) Please describe your organizations sustainability efforts in the manufacturing, packaging and distribution of the products proposed within this RFP.

2) Please provide examples of how your organization has assisted in the promotion of Athletics programs. For this proposal, please describe support opportunities that would be made available in addition to the Athletic Sponsorship Fee. These may include, but is not limited to the following: a. Giveaways/Merchandise b. Banners c. Product d. Other creative proposals

3) Please describe the process and procedures the University will follow to receive funds proposed in Section C, 4.2 (Non-Athletic Sponsorship and Marketing Opportunities) from the contractor.

Also, please provide responses to the following items for each section. a. Giveaways/Merchandise i. How would these items be purchased? ii. How would these items be provided to UW-La Crosse? iii. What types of items would be available from the contractor? b. Banners i. Please provide samples of design options. ii. How would they be ordered?

68

PS-14-2329 iii. How would they be provided to UW-La Crosse? c. Product i. What products would be available from the contractor? ii. What package options would be available (12oz./12-pack, 20oz./24-packs, etc.)? d. Describe other creative proposals or ideas available for marketing.

69

PS-14-2329

4 Cost Proposal: Athletic and Non-Athletic & Marketing Sponsorship Opportunities Fees

Please submit an Annual Athletic and Non-Athletic Sponsorship Opportunities Fee.

Fill in the information below and include with your response.

4.1 Athletic Sponsorship Fee: (payable at contract signing and subsequent contract anniversaries)

$_________________________________________

4.2 Non-Athletic Marketing & Sponsorship Fee: (payable at contract signing and subsequent contract anniversaries)

$_________________________________________

4.3 Aggregate (Athletic Sponsorship Fee + Non-Athletic Sponsorship fee)( 100pts):

$_________________________________________

RETURN THIS PAGE WITH PROPOSAL

70

1 Post-Mix Soda

2 Post-Mix Teas

3 Post-Mix Isotonic

(ie. Gatorade,

Powerade)

4 Post-Mix Soda

5 Soda in 20 oz.

Plastic Bottles

6 Soda 2 Liter

Plastic Bottles

7 Canned Soda, 12 oz. 12 Pk.

8 Canned Soda, 16 oz.(ie. Alumnitek can)

9 Isotonic in 32 oz.

Plastic Bottles (ie.

Gatorade,

Powerade)

10 Isotonic in 20 oz.

Plastic Bottles

(i.e. Gatorade,

Powerade)

11 Bottled Water,

12 oz. Bottle

PS-14-2329

5 Cost Proposal: – Post-Mix and Canned/Bottled Beverage

Product Pricing and Soft Drink Beverage List

RETURN THIS ATTACHMENT NO. 5 WITH PROPOSAL

5.1 Brand Name and Flavors of Each Product

List the brand name and flavors of each product listed below that Proposer intends to provide. (Please provide List on a separate page and attach to Attachment No. 5)

5.2 Cost Proposal Form (Price List)

Product Price Proposal for University of Wisconsin-La Crosse

Product Brand Name Pack

3 Gal. BIB

3 Gal. BIB

3 Gal. BIB

Indicate New

Pack, if

Necessary

Estimated

Annual

Usage

Current

Unit

Price

1675 Gallon $13.43

350 Gallon $12.52

675 Gallon $13.43

Cost to

Institution

5 Gal. BIB.

24/20 oz./Case

8/Case

2/12Pk./Case

12/Case

15/32 oz./Case

24/20 oz./Case

3/8Pk./Case

600 Gallon $12.98

975 Case $20.59

20 Case $12.12

2825 Case $8.30

25 Case $13.68

85 Case $25.56

75 Case $23.90

250 Case $13.87

12 Bottled Water, 1 liter Bottle

13 Bottled Water,

20 oz. Bottle

15/Case

24/Case

20 Case $18.49

375 Case $20.32

71

PS-14-2329

14 Bottled Water,

Flavored Vitamin

(i.e. Klarbrunn

Vita Ice,

Aquafina,

Propel), 17 oz.

15 100% Fruit juices,

15.2 oz. Bottle

16 Juice Blends &

Drinks, (i.e., MD

Kickstart), 16 oz.

Can

17 Bottled Natural

Teas, (i.e. Lipton,

Nestea), 20 oz.

Bottle

18 Canned Teas, (i.e.

Lipton, Nestea),

24 oz. Can

19 Bottled Pure Leaf

Teas, (i.e. Lipton)

18.5 oz. Bottle

20 Bottled Tea, (i.e.

Lipton, Nestea), 1 liter Bottle

21 Bottled Coffee

Based Beverage

(i.e. Frappuccino,

Caribou,

Starbucks) 11 oz.

Bottle

22 Bottled Coffee

Based Beverage

(i.e. Frappuccino,

Caribou,

Starbucks) 13.7 oz. Bottle

23 Coffee Based

Beverage (i.e.

Frappuccino,

Caribou,

Starbucks) 15 oz.

Can

24 New Age

Beverage (i.e.

Sobe, Glaceau,

Fuze) 20 oz.

Bottle

25 New Age

Beverage (i.e.

Sobe Life Water

20 oz. Bottle

12/Case

12/Case

12/Case

15/Case

12/Case

12/Case

15/Case

12/Case

12/Case

12/Case

12/Case

12/Case

72

25 Case $10.64

285 Case $14.05

90 Case $10.29

80 Case $16.56

105 Case $13.68

70 Case $13.23

30 Case $18.73

55 Case $20.26

125 Case $21.06

30 Case $23.56

50 Case $15.22

80 Case $14.63

PS-14-2329

26 Energy Drinks

(i.e. Amp) 16 oz. can

12/Case 70 Case $19.08

27 Energy Drinks

(i.e., Full Throttle,

Rockstar, NOS)

16 oz. can

28 Muscle Milk 14 oz. bottle

24/Case

12/Case

60

20

Case $37.78

Case $31.99

29 Carbonic Gas in

20 lb. tank, where applicable

(picnics, banquet bars, etc.)

20 lb. tank tanks No

Charge

No Charge

*List is based on current product usage; please provide available package types and pricing if not indicated within this list.

* If your pack is different than specified, please indicate new pack and pricing.

*Identify all available flavors.

RETURN THIS ATTACHMENT NO. 4 WITH PROPOSAL

73

PS-14-2329

6 Cost Proposal: Vended Soft Drinks (Attachment 6)

Vended Soft Drinks

6.1 Vended Soft Drink Products

List on a separate page and attach to Attachment No. 6 the available Vended Soft Drink Beverages that

Proposer intends to provide. (List the Brand Name and Flavors of each product listed below in Section C,

Attachment No. 6, Item 6.2.)

6.2 Commission Proposal: Vended Soft Drink Beverages

Complete the Following: (Refer to Section C, Attachment 2 for detail on required new equipment, debit card requirements, etc.)

Product Brand Name Commission % Estimated

Use per

Year

(Cases)

2,900

Soda

(20 oz. Bottle)

Isotonics / Sports Drinks

(20 oz. Bottle)

Juice Drinks

(15 oz. – 20 oz. Bottle)

Waters

Regular/Flavored/

Carbonated/Vitamin

(16 oz. - 20 oz. Bottle)

Teas

(16 oz. – 20 oz.)

Cold Coffee

Drinks/Frappuccino

(9.5 oz. – 16 oz.)

Energy

(16 oz. – 20oz.)

Flat Rate commission % for all Sales:

300

175

525

225

45

15

Selling

Price

$1.50

$1.50

$1.50/$1.75

$1.25-$1.75

$1.50/$1.75

$1.50/$1.75

$2.00-$2.50

Minimum

Commission

(No sales volume % increments)

60%

60%

60%

60%

60%

60%

60%

74

PS-14-2329

Estimated sales (including tax of 5.5%)

Minimum Annual Guarantee Required:

$135,000

$100,000

6.3 Option to Propose a Lower Minimum Annual Guarantee

The Contractor, at its option, may elect to quote a lower annual guarantee of

$_________________________________________

Note: Do not make an entry on this option unless lower maximum guarantee is intended.

75

PS-14-2329

7 Cost Proposal – Cash Rights Fee (Attachment No. 7)

CASH RIGHTS FEE

Fill in the information below and include with your response.

CASH RIGHTS FEE FOR EXCLUSIVE SOFT DRINK POURING AND VENDING RIGHTS AT THE UNIVERSITY OF

WISCONSIN-LA CROSSE. SUBMIT A CASH RIGHTS FEE PROPOSAL FOR A SEVEN (7) YEAR CONTRACT.

Annual cash rights fee (payable at contract signing and subsequent contract anniversaries). The current cash rights fee is $70,000 annually.

$_________________________________________

RETURN THIS PAGE WITH PROPOSAL

76

PS-14-2329

8 Attachment No. 8 - 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

77

PS-14-2329

9 Attachment No. 9 – 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

78

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-14-2329

10 Attachment No. 10 – Bank Reference

Bank Reference

Phone No.:

Phone No.:

Phone No.:

Phone No.:

RETURN THIS PAGE WITH PROPOSAL

79

PS-14-2329

11 Attachment No. 11 – 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:

12 Attachment No. 12 Proposer Information

Proposer Information

Contractor:

Ordering/Expediting:

Invoice Information:

Contract Renewal/Cancellation:

Contract Problems:

Returns:

Phone No.:

Fax No.:

RETURN THIS PAGE WITH PROPOSAL

80

PS-14-2329

13 Attachment No. 13 – 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

81

PS-14-2329

14 Attachment No. 14 – Vending Reader Requirements

VENDING READER SURVEY GUIDE

Introduction

The University utilizes the CBORD Transaction System – CS Gold version 6. The University has implemented a vending debit card program for use by students, faculty and staff for purchase of products at select vending locations on campus. The University shall be responsible for purchase/lease of the cards, card readers, installation of communication lines, selling and establishing purchase value and vending categories for purchases.

The contractor shall be responsible for providing vending machines compatible with the CBORD

Transaction System and installing University provided card readers on vending machines.

Product Specifications

IP-MDB Vending Reader – CBORD Part Number 4VEN0309

Card reader

Magnetic stripe: 300 to 4000 oersted magnetic stripe reader with a floating read head

Card type: ISO 7810 to 7813

Card insert: Horizontal insert type style card

Magnetic head life: 300,000 passes

Optional: Card swipe, iClass, or Prox available

Physical dimensions

Size: 4.25” h x 3.875” w x 5.25” d; front bezel width 3.375”

Shipping weight: 5 lbs

Technical specifications

Network connectivity: 10 base-T TCP/IP network protocol

Operator display: 2 line x 16 segment LCD with backlight

Power required: 24-34 VDC from MDB interface

Environmental characteristics

Operating temperature: 0-45° C

Ambient humidity: 30-85% RH without condensation and frost formation

Mounting location: Indoors, away from wind, rain, sunlight, and dust

For additional information, please contact Paul D. Schlough, Procurement Specialist Senior at 608-265-

0557 or by email at [email protected]

82

PS-14-2329

15 Attachment No. 15. – Post Mix Equipment & Coolers

POST MIX EQUIPMENT & COOLERS REQUIRED BY LOCATION

Location: Whitney Center

Equipment

Soda Fountain

Soda Fountain

Soda Fountain

Number of

Equipment

1

1

Location: Whitney Center – Flying Star:

Number of

Faucets

12

12

Ice Maker

No

No

Notes

1 – Ice Tea Dispenser - liquid

Notes Equipment

Soda Fountain

Number of

Equipment

1

Number of

Faucets

8

Location: Whitney Center - Sub Shop/Smart Market

Ice Maker

No

Equipment

Soda Fountain

Soda Fountain

One Door End

Cap Coolers

Large Two Door

Cooler

Number of

Equipment

1

1

1

3

Number of

Faucets

10

12

2 – Simply to Go

1 – Smart Market

Location: Cartwright Center - Galley

Ice Maker

No

No

Equipment

Soda Fountain

Soda Fountain

Soda Fountain

Number of

Equipment

1

1

1

Number of

Faucets

12

12

8

Ice Maker

No

No

No

83

Notes

Naked Juice one door cooler

1-ice tea dispenser, liquid

Notes

In counter dispenser at E&G

PS-14-2329

Location: Cartwright Center - Cellar

Equipment

Soda Fountain

Open air cooler

Number of

Equipment

1

1

Number of

Faucets

10

Location: Cartwright Center: Various Locations

Ice Maker

No

Notes

For Naked Juice

Equipment Number of

Equipment

1

Number of

Faucets

Ice Maker Notes

One Door Cooler Bottled Pepsi around 4 feet tall

Galley

One Door Cooler

Two Door Cooler

1

1

Centennial Cafe

Murphy’s Mug

*Additional Units will be required as new locations are added on campus or changes to venues occur.

The University of Wisconsin-La Crosse will be building a new student center. Construction will begin in summer of 2014 with completion anticipated in summer of 2016. The new student center is anticipated to have three 12-head beverage locations in the main floor dining areas and one 12-head dispenser in the lower level pizza area. In addition, preliminary plans indicate the following equipment needs: 3

Counter-Top Ice and Soda Dispensers, 1 Glass Door Refrigerator and and 1 in-counter soda dispenser with bin. There may be a need for some reach in coolers or open air coolers, but this has not been determined at this time.

Estimated Daily Traffic by location

Whitney Main Dining, Flying Star – 3,900

Simply to Go – 700

Smart Market (C-Store) – 2,000

Galley – 1,000

Cellar (Food on Demand) – 1,200

Centennial Café – 400

84

PS-14-2329

Murphy’s Mug - 350

85

PS-14-2329

16 Attachment No. 16. – Campus Building Projects

Planned new building construction and renovation projects with anticipated openings during the contract period: o Softball Complex – Spring 2014 o New Gymnastics Facility – Summer 2015 o New Residence Hall – Fall 2015 o New Student Center – Fall 2016 o Wittich Hall Renovation for College of Business – Fall 2017 o New Science Building – Fall 2018

86

PS-14-2329

17 Attachment No. 17 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: Title:

Authorized Representative:

(Type or Print)

(Signature)

Company Name:

Date:

Telephone:

87

PS-14-2329

PS-14-2329

Bid Submittal Checklist

Required Cost Proposal Forms (Must be Sealed in a Separate Envelope):

Attachment No. 4 – Cost Proposal: Athletic and Non-Athletic and Marketing Sponsorship Opportunities

Fee

(

Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)

Attachment No. 5 – Cost Proposal: Post Mix and Canned/Bottled Beverage

(

Section C, Attachments No. 4, 5, 6, and 7 must be submitted together in a separate sealed envelope)

Attachment No. 6 – Cost Proposal Vended Soft Drinks (Commission Proposal)

(

Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)

Attachment No. 7- Cost Proposal: Cash Rights Fee

(

Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)

Required Proposal Documentation (With No Mention of Cost Proposals):

Signed Request for Proposal form (DOA 3261)

Attachment 9 - Completed Vendor Client Reference (DOA-3478)

Attachment 13 - Completed Designation of Confidential and Proprietary Information

Attachment 8 - Completed Vendor Information (DOA-3477)

Attachment 10 – Bank Reference

Attachment 17 - Completed Affidavit

Attachment 11 – Terms and Conditions

Attachment 12 – Proposer Information

Attachment No. 3 – Written Proposal of Athletic Sponsorship, Non-Athletic sponsorship and Marketing

Opportunities (3.2)

Completed narrative responses to Section A, No. 4.0, Items 4.1-4.6 (Equipment & Service)

Completed narrative responses to Section A, No. 5.0, Items 5.1-5.6 (Equipment & Service)

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.

88

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