REQUEST FOR PROPOSAL - KPC · Request for Proposal #DSS-2018 Digital Signage and Online Ordering...

Kentucky Educational Development Corporation (KEDC) Request for Proposal #DSS-2018

Digital Signage and Online Ordering Software Package

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REQUEST FOR PROPOSAL

Kentucky Educational Development Corporation (KEDC), KY Request for Proposal #DSS-2018 Digital Signage and Online Ordering Software Package Due Date: November 30, 2018 @ 2:00 PM (EST) {upload to www.kpc4me.com/bid-opportunities website}

http://www.kpc4me.com/bid-opportunities



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Table of Contents 1 Table of Contents 2 2 Request for Proposal Certification 3 3 Cover Letter/Executive Summary 4 4 Project Objectives 7

Project Objectives

Features and Functions of MealViewer o MealViewer Digital Suite and Signage Highlights

Physical Facilities 5 References 19 6 Technical Support Guidelines and Procedures 20 7 Professional Development and Training Offerings 22 8 Breakdown of Costs 23 9 Questions & Answers/Addenda 24

10 Explanations/Deviations 25



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Request for Proposal Certification Return the signed RFP Certification.



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Cover Letter/Executive Summary Provide a cover letter with executive summary of the proposed solution.

Cover Letter Heartland Payment Systems, LLC dba Heartland School Solutions (Heartland) understands that Kentucky Educational Development Corporation (KEDC) purpose in releasing the Request for Proposal (RFP) is to seek a vendor who can provide a digital signage and online ordering software package for member food service programs. Heartland is that partner!

The MealViewer family joined the Heartland family in the fall of 2017. MealViewer is a communication tool for parents, students, and schools that can help boost participation and grow your program! MealViewer is the leader and innovator for digital communications for Nutrition Services across the country. Digital signage can display menu choices, highlighting healthy food options that are available, and shares other important information in an engaging way. The digital signage monitors can be displayed anywhere in your school, a prominent hallway, an administrative area, and of course right in the cafeteria. Through MealViewer’s Digital Suite website and mobile app, parents can see menu and nutritional information to help their children make informed decisions.

Heartland currently supports over 6,600 school districts, representing over 54,000 schools in all 50 states. This includes over 4,500 school districts utilizing one of our Back of House solutions. We currently support 144 clients in the State of Kentucky, 21 of which are currently utilizing MealViewer. We welcome this opportunity to present our Digital Signage and Online Ordering Software Package to KEDC, and we believe that the quality of our systems and services, as well as the breadth of our experience, will make Heartland the best choice for KEDC’s current and future needs. Daniel Beaufort will be the primary contact for KEDC. He may be reached by phone at (803) 380-5538 and by email at [email protected]. Please feel free to contact me at (480) 305-6909 or [email protected] if you have any questions or concerns. Sincerely,

Jeremy Loch/VP Sales & Marketing Heartland School Solutions 1620 W. Fountainhead Parkway, Suite 501 Tempe, AZ 85282 F: (585) 227-8594

mailto:(803)%20380-5538

mailto:[email protected]




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Executive Summary As the leading provider of child nutrition technology, point-of-sale and electronic payment solutions to public and private school districts in the United States, Heartland currently supports over 6,600 school districts, representing over 54,000 schools in all 50 states. This includes over 4,500 school districts utilizing one of our Back of House solutions. We currently support 144 clients in the State of Kentucky, 21 of which are currently utilizing our MealViewer software.

The nature of our business is to provide software, hardware, installation, training, support services, online meal/store payments and digital signage/suite to School Food & Nutrition Departments in the K-12 educational industry. Heartland was originally created through the acquisition and integration of 6 well-known and trusted companies and product solutions: MealViewer-Digital Menus, MCS-MCS Newton, Lunchbyte Systems-NUTRIKIDS, School-Link Technologies-WebSMARTT, Data Futures-LunchBox, and Comalex-Café Enterprise, building a team with the most extensive and specialized experience in the industry. For over 30 years Heartland has been providing school nutrition software to School Food & Nutrition Departments in the K-12 educational industry. The team consists of over 260 highly trained, dedicated team members many of which have more than 25 years’ experience in school nutrition technology. This is all we do! Heartland offers industry leading support through our Customer Service Center, which features prompt access to a live representative, fast resolution of issues, and access to some of the most experienced technicians in the industry – many with more than 20 years of experience! Our team of over 260 professionals throughout the country will provide KEDC with unmatched solutions, customer service, and support. On April 21, 2016, Global Payments Inc. (a member of the S&P 500), a leading worldwide provider of payment technology services, completed its merger with Heartland Payment Systems, Inc. (“Heartland”). The combined company, Global Payments Inc. & Heartland School Solutions, now has more than 10,000 employees worldwide and



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provides market-leading payments solutions and child nutrition technology to nearly 2.5 million merchants in 30 countries globally and throughout North America, Europe, the Asia-Pacific region and Brazil. Global Payment’s corporate office is located in Atlanta, GA. Heartland School Solutions has office locations in Tempe, AZ, Rochester, NY, Harlan, KY and Auburn, AL and Chicago, IL. Vision & Mission Statement: At our core, Heartland School Solutions provides the K-12 industry with the nutrition software and payment services you need to make your job more productive, efficient, and ultimately, more successful. That means we endeavor to understand the challenges you face every day in the ever-changing school nutrition landscape, and help you conquer them with the best, most innovative solutions on the market.

We highly value the partnerships with our customers, striving to deliver exceptional service at each and every turn. Our dedicated team members are passionate about what they do, and they have the experience to prove it – many having over 20+ years’ experience in the school nutrition industry. We are honored to serve you so you are better able to serve millions of students each day.

Organizational Chart



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Project Objectives Detail the following objectives and provide screenshot examples, where applicable, in submitted proposal:

Project Objectives i. Display menus in the following formats:

1. Powerful, interactive online menus (including an available allergen filter for parents whose children have food allergies);



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2. Innovative smart phone menus that work across all platforms;



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3. Convenient email subscription options for parents; and MealViewer can provide several options for email subscriptions. These options are built into the menus. 4. PDF menus for customer printing.



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ii. Menus should include the following information: 1. Customer-Friendly Name; 2. Image; 3. Description; 4. Basic Nutritional information (calories, carbs, sodium, etc.); 5. Allergen information (including the 8 most-common allergens that account for ~90% of food allergies); and 6. Ingredients list (including the ability to include multiple or nested ingredient lists).



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iii. Nutritional data import must be included This feature is included in the MealViewer program. iv. Lifetime feature upgrades This feature is included in the MealViewer program. v. Background image and video library



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vi. The system must support cycle menus and allow users to copy and reuse menu(s). vii. Menus created must be assignable to multiple schools.

viii. Menu changes are updated instantly and available on all menus. Heartland can fully adhere to the project specification outlined above with MealViewer. ix. The provider must host all websites, databases, and applications associated with the solution in a secure location and provide off-site redundancy. Heartland can fully adhere to the project specification outlined above with MealViewer. x. The provider must maintain all websites, databases, and application associated with the solution including providing all required patches and software upgrades for the life of the contract. Heartland can fully adhere to the project specification outlined above with MealViewer. xi. The supplier must provide training to assist staff. Heartland can fully adhere to the project specification outlined above with MealViewer. xii. The provider must perform the initial account set-up. Heartland can fully adhere to the project specification outlined above with MealViewer.



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xiii. Provider must offer an annual report card. The report card should be a private analysis of how effectively each member uses the tool to communicate with customers and suggestions on how to improve menu communication. Heartland can fully adhere to the project specification outlined above with MealViewer. xiv. Digital Signage Display minimum requirements

1. Software must be compatible with Microsoft Windows 10 Professional, Mac, Chrome OS, Android and IOS 2. Minimum 43” display (include optional upgrades for larger screen sizes) 3. Minimum 3 year hardware warranty 4. Commercial grade 5. 1920x1080 resolution 6. Supports HDMI or DisplayPort 7. Wall mounting hardware to be installed at each site

Heartland can fully adhere to the project specification(s) outlined above with MealViewer. xv. Media Player requirements (wired or wireless)

1. Remote Management Software (Windows 10, MAC OS) 2. Configured for each location 3. Plug and Play 4. Include ceiling and/or wall mounting hardware

Heartland can fully adhere to the project specification(s) outlined above with MealViewer. xvi. Digital Online Ordering requirements 1. Include ceiling and/or wall mounting hardware 2. Uses menus in following formats:

a) Interactive online menus (including an available allergen filter for parents whose children have food allergies); b) Smart phone menus that work across all platforms

3. Support real time menu changes 4. Operating hour customization Heartland can fully adhere to the project specification(s) outlined above with MealViewer. 5. Order management Heartland cannot fully adhere to the project specification outlined above solely with MealViewer.



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6. Secure payment options a) Point of sale integration b) Prepaid accounts for students c) Credit cards d) Pay at pick up option

Heartland cannot fully adhere to the project specification outlined above solely with MealViewer.

xvii. The provider must host all websites, databases, and applications associated with the solution in a secure location and provide off-site redundancy. Heartland can fully adhere to the project specification outlined above with MealViewer. xviii. The provider must maintain all websites, databases, and application associated with the solution including providing all required patches and software upgrades for the life of the contract. xix. The supplier must provide training to assist staff. Heartland can fully adhere to the project specification outlined above with MealViewer. xx. The provider must perform the initial account set-up. Heartland can fully adhere to the project specification outlined above with MealViewer. xxi. Software must be compatible with Microsoft Windows 10 Professional, Mac, Chrome OS, Android and IOS Heartland can fully adhere to the project specification outlined above with MealViewer. xxii. Lifetime feature upgrades Heartland can fully adhere to the project specification outlined above with MealViewer. xxiii. Minimum 3 year hardware warranty Heartland can fully adhere to the project specification outlined above with MealViewer.



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Features and Functions of MealViewer

MealViewer Digital Suite and Signage Highlights All Inclusive Items from a Single Platform: The MealViewer Platform is the only one of its kind in the K-12 industry. MealViewer has exclusive, unique solutions (including the MealViewer Player, MealViewer Software, MealViewer Signage, and MealViewer Suite (for mobile applications and web-based interactions) as well as the only, complete provider of in- house MealViewer Services (itemized below). MealViewer is the sole manufacturer and distributor of MealViewer Digital Signage and MealViewer Digital Suite designed specifically for the K-12 nutrition industry. Outlined below is a set of unique, specific, and one-of-a-kind features and functions that, when bundled together, are only found from one source, MealViewer: MealViewer Digital Suite Exclusive Features: {Suite includes: Mobile app (IOS, Android), mobile website, desktop website, export menu to PDF functionality, menu email service, complete setup and integration}

Mobile App System Requirements - The only requirement for running the MealViewer Digital Suite (Mobile App, mobile website, desktop, etc.) is an internet connection to access the platform on the cloud to make updates and changes to the menu as desired.

Analytics - More than tracking food ratings, MealViewer Analytics is a one-of-a-kind, powerful tool that puts information in the form of a dashboard to make business decisions quickly and with confidence. Spotting trends is only possible through our Dashboard so you can quickly see user analytics, best and underperforming menus as well as specific food ratings. Drill down to the school, district, or geographic region to see what menu performs best and learn why. Increase participation and profitability with knowledge gained in our MealViewer Analytics Dashboard.

Item Rating System - The MealViewer System is 20 times more accurate than any tool in the market. Based on ratings that are relevant to the student at their learning stage, we combine colors, words, numbers, and emojis to let students precisely communicate their true rating of food items. Again, this is unique to the market and is a new level in technology built by MealViewer.

MealViewer Exclusive Nutrition Calculator - MealViewer provides the only nutrition calculator in the industry that provides high-level accuracy based on actual meal consumption. All others in the industry provide potential totals which equate to estimates. At MealViewer, we will never accept close enough when dealing with student’s health. Our calculator allows for portion reporting so that carbs for insulin dosing, as well as all other nutrition information is accurately reported. Working with school nurses and school dieticians, we have developed the only, true and accurate nutrition calculator in the industry.

Integrated Summer Meals Program - We are the only company that provides the summer meal program within the app. Users do not have to download another app and/or are not directed to a third-party site. MealViewer works with each individual district to provide real data and locations for every summer meal distribution site. Spending 9 months promoting a menu app, to then ask families to download an additional app, directing them to a 3rd party site creates confusion. MealViewer is the only source that brings accurate information within



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the app for the best communication possible.

Deepest Customization Options - we are the only product that provides true customization across the digital suite platform that is branded to the specific schools, including logos, colors, content, etc. With MealViewer Digital Suite, the presentation is identifiable with the students and parents and creates buy-in.

Branding - the only provider with the ability to brand the entire digital suite (mobile app, mobile web, desktop website, PDF generation, and email service) to specific high-level branding needs.

Multi-Level, Tier, and Group Communication - the only provider to provide messaging capabilities across the entire account and/or specific groups within the account for marketing, messaging, and other communication requirements. For example, if a State would like to communicate information to all schools, the message could be pushed out statewide. In addition, if a specific subset of schools needs specific communications (such as All High Schools, All Charter Schools, only Elementary schools, etc.), those subset(s) can be selected for direct communication directly to the users.

Partitioned Access - the only provider which allows the ability to create team login accounts with team members having a different set of access privileges. This provides freedom to grant access to certain portions of the software while limiting access to other, sensitive information. For example, a member of the yearbook staff may be granted permission to upload pictures from the high school sporting event, but would not have access to make changes to a menu or allergen information.

Unit Pricing - our products are based on a flat fee per location, not by changing student population. The costs are the same to MealViewer regardless of the number of users of the application, so our price model is set to be simple, fair and affordable compared to the model of per student price adjustments.

Food Images - we have created the capacity to include food images across the entire platform of products and services – including the mobile app and desktop website. This can be the preferred, vendor food images (for truth in advertising), customer upload, or stock images.

Multi-Lingual Support - we provide actual, multilingual support with multi-lingual specialists. The use of automated translation software (Google translate, Bing translate, etc.) that attempts to translate word-for-word instead of accurate translations should not be used when dealing with food, allergen, and nutrition information.

End-to-End Support - we fully integrate and upload data from any nutritional software on the market. Through exports, we are able to upload and generate all data into the MealViewer platform of services.

Unique Design - we are the only product designed by Food Service Directors. The architecture of the software was uniquely designed to meet the specific needs of food service directors and workers.

MealViewer is a 100% hosted solution. MealViewer Digital Suite is web-based and does not require periodic software updates on district hardware. Being a 100% hosted solution gives us the ability to offer our software license for the life of the product and automatically apply product updates.



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MealViewer Digital Signage Exclusive Features:

The only company with a WebOS platform, built into a single display/player combination.

The only signage company with 3 or more platforms to run the MealViewer software for school nutrition departments.

Exclusive “IT Free” programming, constantly monitors and updates machines. We are the sole source to be able to remotely manage and even rebuild components of our system so that the local IT professionals do not have to take their time.

Exclusive “Always Active” system monitors usage and auto-starts the displays at the right service time and restarts the displays in case of power outage.

Cycle System Scheduling - our products and services provide time-saving features for menu creation.


We also are the only provider to provide an in-house install team instead of only independent contractors. Our installations are warranted, insured, and are under the MealViewer line-up of services.

Unique Design - we are the only product designed by Food Service Directors. The architecture of the software was uniquely designed to meet the specific needs of food service directors and workers.

MealViewer is a 100% hosted solution. MealViewer Digital Signage is web-based and does not require periodic software updates on district hardware. Being a 100% hosted solution gives us the ability to offer our software license for the life of the product and automatically apply product updates.

MealViewer Services Exclusive Features:

Professional District Websites - We are marketing experts and it really shows in the websites that we create and customize for you. These are incredible looking websites that engage and create deeper connections with those you serve. Get ready to be called an IT expert with the websites we build for you!

Live support and training.

Access to marketing seminars every month of every year. This provides ways to increase interactions with students and services, which has proven to increase participation.


In-House Installation - We also are the only provider to provide an in-house install team instead of only independent contractors. Our installers are full-time employees are warrantied, insured, have background checks and are included in the MealViewer service platform.

East Coast Offices - the only provider to have offices in EST Time Zone. What this means is that when you need help, we are already at work and ready to assist. No waiting for 2 or 3 hours for the regular office hours of other providers.



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Physical Facilities The offering firm must have the facilities and network infrastructure required to host the website and applications required in this proposal safely and securely. MealViewer Security Overview Heartland has the facilities and network infrastructure required to host the website and applications required in this proposal safely and securely. This document is meant to provide an overview of the risks associated with the MealViewer parent/student app and website and MealViewer digital signage. More in depth information or specific questions will be provided upon request. Parent Student Website and Mobile application User data is stored on each users device and on MealViewer servers. Personally Identifiable Information (PII) is limited to student first name and email. A data dictionary can be provided upon request. Users authenticate to the MealViewer API through a secure tunnel (SSL). Digital Signage Risks

Risk: Loss of control of content on displays.

Risk mitigations.

Application loads content through SSL. This includes text and media.

Application accesses MealViewer API through SSL.

Application updates are remotely triggered to always maintain latest version with up to date security patches. Displays are mounted out of physical reach.

Display IR receivers can be locked out to disallow unauthorized users to access display menu or functions.

Displays can detect when device inputs are used. If enabled, the detection of an input being physically plugged in can cause the device to be locked down until an authorized user unlocks the device with a passcode or similar action.

Displays receive remote firmware updates with latest security patches when available. Other security considerations: All content is managed by the districts with access to the MealViewer admin portal (https://dashboard.mealviewer.com) with support from MealViewer employees. All API requests from the signage application are sent through https://api.mealviewer.com. MealViewer System Requirements The only requirement for running the MealViewer Digital Suite (Mobile App, mobile website, desktop, etc.) is an internet connection to access the platform on the cloud to make updates and changes to the menu as desired.



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References Provide three references from Kentucky school districts (if not available provide references from contiguous states).

District Name: Whitley County Board of Education, KY

Address: 300 Main Street Williamsburg, KY 40769

Contact Name/Title: Sharon Foley/School Nutrition Director

Email Address: [email protected]

Telephone Number: (606) 549-7000 ext. 2031

Brief Description of Work Performed: 17 sites currently utilizing our MealViewer Digital Suite and Signage software module.

District Name: Letcher County Public Schools, KY

Address: 224 Parks Street Whitesburg, KY 41858

Contact Name/Title: Nancy Banks/Food Service Director


Telephone Number: (606) 633-4455


District Name: Daviess County Board of Education, KY

Address: 1622 Southeastern Parkway Owensboro, KY 42303

Contact Name/Title: Lisa Sims/School Nutrition Director


Telephone Number: (270) 852-7000







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Technical Support Guidelines and Procedures Describe technical support guidelines and procedures. Heartland has hundreds of customer support representatives that also provide technical support. They are located in our primary offices as well as around the country in various remote locations. Our Tempe, AZ, Rochester, NY, Augusta, GA call centers and additional remote locations are home to our MealViewer Support Team(s). Heartland’s staff of more than 260 dedicated support professionals is committed to providing outstanding customer service. Services include product update releases and service packs, documentation, troubleshooting and support, unlimited access to the #800 support line, customer service portal, knowledge base and remote support. Help Desk for Software & Hardware Support

For MealViewer software support, please contact Technical Support between the hours of 8 AM-5 PM (ET), Monday to Friday, at 803-380-5538.

Email inquiries to [email protected] to reach the support center via email. After Hours Support

For Severity 1 incidents that occur after hours, you may leave a voicemail at our 800-256-8224 support line.

A representative will respond back to you as soon as possible. Severity Levels

Severity Description Response Time

Severity 1 Critical Service Impact

Issue critically affects the primary business service, major application, or mission critical system. We will work with district IT outside of business hours to resolve critical issues. Some examples of a Severity 1 issues are:

Business service is not operational

Production system crashes

Data integrity at risk

POS is non-operational

Cashier terminals are non-operational

Within 2 hours of reported incident

Severity 2 Significant Service or Implementation Impact

The business service, major application, or system is seriously affected or implementation stopped. No acceptable workaround is available. Some examples of Severity 2 issues are:

Production backup and recovery operations fail

Reports give error message

Student import failed

Within 4 hours of reported incident




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Severity 3 Moderate Service Impact

The business service, major application, or system is moderately impacted, no data has been lost, and the business service, application, or system is still functioning. The issue may be temporarily circumvented using an available workaround. An example of a Severity 3 issue is:

POS is operational at School but replication is not working.

Within 1 business day of reported incident

Severity 4 No Service Impact

Non-critical issues, general questions, enhancement requests, or documentation issues

Within 3 business days of reported incident

Resolution Process & Response Times All attempts will be made to solve the client issue during the call, and we strive to resolve these issues as quickly as possible. Some issues may require follow-up assistance with subject matter experts. Each contact follows a defined escalation path. In each instance, the support representative answers the phone, assigns a case number, and assesses the problem. The case will be resolved with one of three outcomes: 1. Problem solved by the representative. 2. Representative provides product documentation to assist customer in solving the problem.

3. Representative assigns the case and escalates to a subject matter expert if unable to resolve the issue.



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Professional Development and Training Offerings Explain professional development and training offerings including delivery method, frequency, cost, etc. MealViewer provides initial and ongoing training to those that will have access and use any portion of the system. From the initial training to ongoing support training for new features, to refresher courses throughout the year, MealViewer has multiple trainings each week for customers to join. In addition, free training is offered to new hires at any time during the year. Continuous access to marketing seminars is also available which provides ways to increase interactions with students and services and has proven to increase participation. The skills of the MealViewer staff range from Marketing to Performing Arts to Dietetics, and this diversity allows the MealViewer staff to provide and maintain such an innovative and engaging experience. MealViewer is the first solution of its kind that was built for Nutrition Staff, by Nutrition Staff. MealViewer’s Staffing Plan includes a 4-member Customer Experience Team, a Marketing specialist for any promotional materials or campaigns, an IT and hardware Manager who remotely monitors any Signage situations, along with the MealViewer Representative to guarantee the effectiveness and satisfaction of our service and product. KEDC will be assigned a dedicated Customer Experience representative who will be available to provide support at all times. The Implementation process will be managed by Daniel Beaufort. Daniel may be reached by phone at (803) 380-5538 and by email at [email protected]. The Cost is outlined in the Breakdown of Costs section. IMPLEMENTATION TIMELINE: Full implementation of digital signage, online ordering and software package setup and installation is required within two weeks of receiving menus, nutrition, allergen information, and other district data that is required from each member. MealViewer can adhere to the Implementation Timeline above.

mailto:(803)%20380-5538




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Breakdown of Costs Provide a complete breakdown of all prices and fees. PRICING: All bid prices must include transportation and delivery charges to the location (school district, KEDC, etc.) specified during ordering (F.O.B. destination). Fuel surcharges and other similar charges are not permitted. The awarded bidder shall provide each item on this bid to all KEDC members at the same price, assuming equal quantities and purchases made within the same timeframe. The awarded bidder MAY NOT submit multiple discount levels for the same product by KEDC member or region. Additional discounts and/or special pricing are encouraged and may be accepted when consistent with other terms and conditions of the contract and offered equally to all members.

MealViewer Digital Suite and Signage Quantity Price

Digital Suite: includes digital sign display, mobile app, digital library, and all updates, per site annual

1 $299

Digital Sign 43”: includes preloaded software, mounts & cables per sign 1 $999

Digital Sign Installation: per sign * optional if the district installs 1 $350

*Heartland can provide full installation service, or the district can install the signs.



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Questions & Answers/Addenda Heartland acknowledges receipt of November 27, 2018 email from Buffy Cater/Member Services re KEDC answers to Heartland questions submitted 11/16/18.



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Explanations/Deviations REQUEST FOR PROPOSAL DOCUMENT STANDARD TERMS AND CONDITIONS 16. LIABILITY {reference Page 5}: The awarded firm agrees to protect, defend, and save harmless KEDC and its members from any suits or demands for payment that may be brought against it for the use of any patented material, process, article, or device that may enter into the manufacture, construction, or form a part of the work covered by either order or contract; and awarded bidder further agrees to indemnify and save harmless KEDC, and its members from suits or actions of every nature and description brought against it for, or on account of any injuries or damages received or sustained by any party or parties by, or for any of the acts of the bidders, his servants or agents. The awarded firm will hold KEDC and participating members harmless for any and all damages resulting from consumption of products delivered under this contract when such damages are attributed to foreign materials or other defects in products delivered by the awarded firm.

NOTE: Heartland’s standard indemnification clause(s) will govern. In the event Heartland is selected as the successful bidder for this contract, we expect the opportunity to discuss with the District their needs and any issues surrounding this provision during the contract negotiation process, ensuring that any issues addressed are resolved on behalf of both Heartland and the District.

24. VELOCITY REPORTS {reference Page 6}: Velocity reports in an electronic format (Microsoft Excel, Access, or SQL) specified by KEDC shall be issued to KEDC upon request. The awarded contractor shall compile velocity reports by member. The reports shall indicate purchasing entity, awarded bidder’s item number, manufacturer item number, item description, quantity sold, and dollar value of each item sold. KEDC may request procurement data from participating KEDC members to verify velocity report accuracy.

NOTE: In the event Heartland is selected as the successful bidder for this contract, we expect the opportunity to discuss with the District their needs and any issues surrounding this provision during the contract negotiation process, ensuring that any issues addressed are resolved on behalf of both Heartland and the District.

27. TERMINATION FOR NON-PERFORMANCE (DEFAULT) {reference Pages 6-7}: KEDC may terminate the resulting contract for non-performance, as determined by KEDC, for such causes as: a. Failing to provide satisfactory quality of service, including, 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 KEDC is not in its best interest, or failure to comply with the terms of this contract; b. Failing to keep or perform, within the time period set forth herein, or violation of, any of the covenants, conditions, provisions or agreements herein contained; c. Adjudicating as a voluntarily bankrupt, making a transfer in fraud of its creditors, filing a petition under any section from time to time, or under any similar law or statute of the United States or any state thereof, or if an order for relief shall be entered against the Contractor in any proceeding filed by or against contractor thereunder. In the event of any such involuntary bankruptcy proceeding being instituted against the Contractor, the fact of such an involuntary petition being filed shall not be considered an event of default until sixty (60) days after filing of said



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petition in order that Contractor might during that sixty (60) day period have the opportunity to seek dismissal of the involuntary petition or otherwise cure said potential default; or d. Making a general assignment for the benefit of its creditors, or taking the benefit of any insolvency act, or if a permanent receiver or trustee in bankruptcy shall be appointed for the Contractor.

NOTE: Heartland’s standard contractual termination clause(s) will govern. In the event Heartland is selected as the successful bidder for this contract, we expect the opportunity to discuss with the District their needs and any issues surrounding this provision during the contract negotiation process, ensuring that any issues addressed are resolved on behalf of both Heartland and the District.

30. ATTORNEY’S FEES {reference Page 7}: In the event that either party deems it necessary to take legal action to enforce any provision of the contract, and in the event KEDC prevails, the Contractor agrees to pay all expenses of such action, including attorney’s fees and costs at all stages of litigation.

NOTE: Heartland takes partial exception to Item 30. Attorney’s Fees. We propose a mutual split of expenses. In the event Heartland is selected as the successful bidder for this contract, we expect the opportunity to discuss with the District their needs and any issues surrounding this provision during the contract negotiation process, ensuring that any issues addressed are resolved on behalf of both Heartland and the District.

31. COMPENSABLE DAMAGES FOR BREACH {reference Page 7}: The Contractor agrees that the following items shall be included as compensable damages for any breach of a contract with KEDC. a. Replacement costs b. Cost of repeating the competitive bidding procedure expenses c. Expenses incurred as the result of delay in obtaining replacements. The enumeration of compensable damage contained in this section is not intended to be exclusive and will not operate to bar recovery by KEDC for any other damages occasioned by the Contractor’s breach of a contract. However, in cases where contract provides for liquidated damages, said liquidated damages shall be in lieu of all other damages, including those enumerated.

NOTE: In the event Heartland is selected as the successful bidder for this contract, we expect the opportunity to discuss with the District their needs and any issues surrounding this provision during the contract negotiation process, ensuring that any issues addressed are resolved on behalf of both Heartland and the District.

Our response to this RFP is a good faith offer to engage in negotiations such that an agreement between the parties may be reached for the products and services contemplated by the parties. We will negotiate in good faith to reach mutually agreeable terms, which shall be evidenced by a formal written contract that will control the rights and obligations of the parties. We are confident we will be able to arrive at mutually agreeable language.

REQUEST FOR PROPOSAL - KPC · Request for Proposal #DSS-2018 Digital Signage and Online Ordering...

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