RFP 9737 REQUEST FOR PROPOSAL

TO: RFP NO.: TITLE: DATE: BUYER: PHONE: EMAIL:

9737 Beverage Pouring Rights May 19, 2015 Lisa Butler 660-543-4523 ljbutler@ucmo.edu

SEALED PROPOSALS MUST BE RECEIVED NO LATER THAN: DATE: THURSDAY, JUNE 25, 2015 TIME: 2:00 p.m. CST

RETURN BID TO: UNIVERSITY OF CENTRAL MISSOURI PROCUREMENT AND MATERIALS MANAGEMENT OFFICE, SOUTH EAST COMPLEX 415 E CLARK STREET, SUITE 116 WARRENSBURG, MO 64093

PROMPT PAYMENT TERMS: _________% ___________DAYS NET________DAYS

BEVERAGE POURING RIGHTS

Prospective firms are hereby invited to submit their proposals to provide a Limited Pouring Rights Partnership as per the specifications in this Request For Proposal. The proposal shall provide firm, fixed prices for the services described herein, in accordance with the terms and conditions of this document. IMPORTANT: Bid may not be accepted if the number is not designated on the outside of the

envelope. Any and all communication from bidders regarding specifications, requirements, competitive procurement process, etc., must be directed to the buyer as indicated on the first page of the solicitation document. Communication made with parties outside of Procurement may result in your solicitation response being disqualified.

QUESTIONS: The last day to submit questions on this RFP is Thursday, June 11, 2015 at 10:00AM. Questions may be emailed or faxed, attention Buyer of Record.

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RFP 9737 MANDATORY PRE-PROPOSAL CONFERENCE: A mandatory pre-proposal conference regarding this Request for Proposal will be

held on Monday, June 1, 2015 at 10:00 am in the Procurement and Materials Management Office 415 E Clark Street, Suite 113, Warrensburg, MO 64093.

SITE VISIT: The site visit will immediately follow the mandatory pre-proposal conference. Please allow for four to six hours to tour campus. Lunch will be provided.

VENDOR PRESENTATIONS: The University has the option to request vendor presentations after the

solicitation has been evaluated.

TIMELINE: Issue Request for Proposal: May 19, 2015 Mandatory Pre-Proposal Conference and Tour: June 1, 2015 Deadline for submitting questions: June 11. 2015 Proposal submission deadline: June 25, 2015 Presentations scheduled Week of July 27, 2015 Contract Negotiations Aug. 2015 – January 2016 Selection of Supplier February 2016 Implementation Planning March – June 2016 Contract Commencement Date July 1, 2016 New Equipment installation deadline July 24, 2016

CONTRACT PERIOD: It is UCM’s intention to enter into a ten-year contract with the successful proposer(s).

AWARD: Expected announcement of award is during the month of February 2016, pending Board of Governors approval.

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RFP 9737 PART ONE

GENERAL INFORMATION

BACKGROUND INFORMATION

UCM is a comprehensive, public university located 50 miles southeast of Kansas City, Missouri. Founded in 1871, the University takes ongoing pride in providing a student-centered learning environment where tenured professors teach the majority of classes. The University boasts a 17:1 student-faculty ratio and an outstanding graduate job placement rate. UCM is well known for its culture of friendship and service that extends far outside its campus boundaries through 33 international exchange agreements.

UCM is fully accredited by the North Central Association of Colleges and Schools. With 150 programs and four academic colleges, UCM has achieved national recognition for many of its academic programs, including aviation, criminal justice, nursing, safety science and education and is a leader among Missouri’s public universities in program-specific accreditation. UCM was recently named a Best Midwestern College by The Princeton Review, and was listed as one of America’s Best Colleges by U.S. News & World Report.

In addition to outstanding academic programs, UCM offers a beautiful residential campus and a welcoming hometown for over 13,000 graduate and undergraduate students. UCM operates its own airport, two research farms, a $30 million library, a 40,000 sq. ft. classroom and administrative facility in Lee’s Summit Missouri, a PBS television station, and Pertle Springs, a 300-acre park that contains an 18-hole golf course, observatory, and nature center, among other facilities.

The University vision, mission and core values may be found online at: http://www.ucmo.edu/about

1. INTRODUCTION The University of Central Missouri is seeking qualified proposers to provide the maximum financial return to the University in exchange for certain promotional and availability rights for beverages, substantial product sales, and maximum marketing exposure. The University hopes to establish a relationship that will complement the many new and exciting initiatives underway. The University of Central Missouri’s main goal is to enter into a long-term cooperative agreement and partnership with the Contractor for beverage sales to enhance current operations and service levels while maximizing financial support to the University. This partnership will create new opportunities to provide substantial benefits for the University and its beverage supply partner. In addition to desiring a solution that will maximize the return to the University, it is equally important that the solution be one which is equitable to each of the Stakeholders. This value should be expressed in various ways, but must include the following:

• Annual amount of complimentary or in-kind beverage support • Annual support of student events and other logistical support necessary to serve the institution’s high

volume activities • Compensation for campus pouring rights with pouring rights pre-payments

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RFP 9737 • Competitive product pricing • Competitive commissions • Concert funding; co-branding marketing • Co-branding of promotional items • Creativity in marketing • Excellent service, dispensing equipment, point of sale refrigerators, and equipment support • Expertise in supporting University’s beverage sales goals • Marketing rights to promote beverage brands on campus • Scholarships • Student Internship Opportunities • Value in-kind

The Contractor will work with the University to improve sales and availability of beverages at University facilities. The Contractor will need to support and supply the University and partner concessionaires with state-of-the-art vending and fountain equipment while also providing outstanding customer service and maintenance.

It is the objective of the University of Central Missouri to identify the beverage program that offers the greatest benefit to the University, one that offers the most advantageous balance of income and service levels to the University.

This RFP solicits proposals for the sale of soft drinks, as well as other beverages defined as follows in established retail, vending, and food service locations on campus:

• Carbonated beverages, nonalcoholic: bottled, canned, and/or post-mix • Soft Drinks: bottled, canned, and/or post-mix • Drinks, fruit juice: bottled, canned and/or post-mix • Lemonade: bottled, canned and/or post-mix • Water, pasteurized: bottled, canned, and/or post-mix • Tea, iced: bottled, canned, and/or post-mix • Energy drinks: bottled, canned, and/or post-mix • Sports drinks: bottled, canned, and/or post-mix

Proposers are encouraged to include additional beverage options in their response. Ultimately, the agreed upon list of beverages will be specified in the contract. There are no categories other than alcohol that are intentionally excluded. It is anticipated that the Contractor will:

• Supply the University with various beverages including bag-in-the-box carbonated and non-carbonated dispensed products, bottled and canned sodas, water, juices, teas, sports drinks, energy drinks, and beverage vending;

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RFP 9737 • Supply, service and maintain new state of the art refrigerated merchandisers, vending machines and

fountain beverage equipment;

• Understand and agree that the University’s Bookstore Operations located at the Elliott Student Union and the C-Store located at The Crossing will stock competitor’s product but the Contractor’s product will be provided a sixty-five (65%) percent allotment of shelf space;

• Understand that the beverage contract excludes beverages sold in any food service operation including franchised food service companies;

• Understand that the beverage fountains located in the Elliott Student Union and Resident dining halls will have Coca-Cola and PepsiCo branded drinks but the beverage contractor will have display rights of 2 to 1.

It is anticipated that the University will:

• Allocate 100 percent of the vending rights on campus ;

• Provide 65 percent allotment of campus wide shelf space;

• Receive consideration in a variety of forms, such as: lump sum payment(s); commissions, value-in-kind and/or other benefits in a variety of possible forms.

The long-term partnership will also provide the Contractor with a unique scholarship opportunity. The University has a variety of activities for students and the general public. Athletic events are held at Audrey Walton Stadium, Multipurpose Building, Pertle Springs Golf Course, Crane Stadium, and South Recreation Athletic Fields. The Performing Arts Series has been a premier cultural venue in the region for over 25 years, providing a wide variety of fine and performing arts programs to UCM students, faculty and staff as well as K-12 students and the regional community. The University hosts a variety of summer conference and programs such as Boys/Girls State and various youth camps that attract many participants.

The University of Central Missouri has approximately 1,340 full time and part time employees, 1,455 student employees, 210 graduate assistants, and an enrollment of approximately 13,803 students representing over 60 different countries around the world. The University Housing System currently has 2,682 students with a capacity for 3,568 students in 16 residence halls and 419 students housed in our 280 apartments located in 6 apartment facilities. With the new mixed use facility set to open August 2015, we will have an additional 325 students residing in 129 apartments. The University campus also contains 37 educational and general buildings. Our campus dining partner, Sodexo serves an average of 23,802 meals per week.

2. ORGANIZATION

2.1 This document, referred to as a Request for Proposal (RFP), is organized as follows: 2.1.1 Part One – General Information

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RFP 9737 2.1.2 Part Two – Scope of Services for Vending Services and Concessions 2.1.3 Part Three – Promotions and University Support 2.1.4 Part Four – Proposal Submission Information 2.1.5 Part Five – General Contractual Requirements 2.1.6 Part Six – RFP Terms and Conditions 2.1.7 Exhibit A – Pricing Proposal 2.1.8 Exhibit B - Offeror’s Prior Experience 2.1.9 Attachments

Attachment One – Vendor No Tax Due Certification Attachment Two – Direct Delivery Outlet Attachment Three – Sodexo Direct Delivery Bottle/Can by Volume Attachment Four - Sodexo Direct Delivery Fountain Volume Attachment Five – Current Fountain Machine and Display Unit Locations Attachment Six – Vending Machine Locations by Building Attachment Seven – Top Line Sales Volume Attachment Eight – Student Actual/Project Enrollment

END OF SECTION

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RFP 9737 PART TWO

SCOPE OF SERVICES – VENDING SERVICES AND CONCESSIONS

SECTION 1 VENDING SERVICES

1. GENERAL REQUIREMENTS

1.1 The Contractor shall provide automatic coin and credit card operated beverage vending machine service in accordance with the provisions and requirements specified herein. 1.2 The Contractor shall furnish, install, maintain, service, repair and/or replace and stock the

automatic coin and credit card operated beverage vending machines. The machines shall remain the property of the Contractor, and the Contractor must remove all of the machines at the contract’s expiration/termination/cancellation. 1.2.1 The term “Beverage” means a carbonated and non-carbonated, non-alcoholic, natural or

artificially flavored drink; including but not limited to water, soda, fruit juice, punch, tea, energy, and sports drinks products.

2. SPECIFIC REQUIREMENTS

2.1 VENDING EQUIPMENT

The Contractor must provide and install beverage vending machines which comply with the following and must maintain ample stock of all products dispensed and sold in the machines provided.

2.1.1 The Contractor shall provide the number of machines currently required by the University. By mutual agreement, the University and the Contractor will determine the the location of each new vending machine or removal of current vendor machine in order to maintain appropriate staff/student to vendor ratio and obtain maximum revenue generation. If the University sees a pattern of empty machines, the Contractor will either need

to refill the machines more frequently or add another machine in that area to satisfy the product demand. For informational purposes, the current number of beverage vending machines is listed on Attachment Six.

2.1.2 The vending machines must be new or refurbished “like new”, be state-of-the art, and remain in that condition throughout the life of the contract. The opinion of the University as to the acceptability of the refurbished equipment shall be final and binding upon all parties. 2.1.3 The University shall have the right to require the Contractor to remove and replace any

vending machine that in the opinion of the University has deteriorated to where the machine is to mechanically able to provide reliable service. Additionally, the University has the right to require the Contractor to remove vending machines under circumstances deemed

warranted by the University. Repairs will be made during the University’s normal business hours.

2.1.4 The vending machines shall provide a minimum of eight (8) dispensers with a minimum size of twelve to twenty (12 to 20) ounce containers and shall meet the United States Department of Health, Education and Welfare Sanitation Code for the Vending of Foods and Beverages. 2.1.5 The Contractor shall equip all vending machines with dollar bill acceptors and credit card

readers and a minimum of thirty (30) vending machines compatible with the University’s One

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RFP 9737 Card Debit systems at the contractor’s expense. Additional vending machines may be required to be equipped with the debit card reading system at the contractor’s expense.

2.1.6 Unless otherwise approved by the University in writing, the Contractor must equip all machines with sealed transaction counters which cannot be reset. The counters must be such that accumulative reading of all coins numbered by denomination is maintained by each machine. The counting devices are sealed and cannot be reset without being removed from the machine and disassembled. 2.1.6.1 The Director of Procurement must be informed in writing by the Contractor of the final counter reading should a machine be replaced.

2.2 SELECTION OF PRODUCT The Contractor shall provide to the University its complete line of carbonated and non-carbonated vended beverages, including but not limited to water, soda, juice, punch, tea, energy, and sports drinks products.

2.2.1 The University shall have the exclusive right to select the various kinds of products to be vended. It is the intent of the University to insure the majority of items vended (products) in these machines are nationally advertised name brand first quality. 2.2.2 If required by the University, the Contractor must remove products that do not in the opinion of the University meet the required criteria and replace with other products selected by the University.

2.2.3 If required by the University, the Contractor must furnish additional products in the machines as customers demand changes and/or new products become available.

2.2.4 The Contractor shall report to the University’s Office of Public Safety any and all acts of fraud, vandalism, damage, abuse, or lost/stolen product from their machine. The Contractor shall request a University incident report and place on file a copy of that report to the Director of Procurement for the contract file. Any and all actions to reduce damage and or loss revenues will be discussed and mutually agreed upon by the Contractor and Director of Procurement for the University.

3. SPECIFIC PERSONAL AND SERVICE REQUIREMENTS

3.1 The Contractor shall be responsible for ensuring that the vending machines are serviced regularly, not less than weekly, to ensure that ample stock of products are available in each machine. If the University sees a pattern of service calls for machines without product, the contractor will need to service the machines more than once a week. 3.2 The Contractor must have trained, competent repair personnel available within twenty-four (24) hours to make repairs on the machines as needed. The Contractor must give the name(s) and telephone number(s) of the service personnel to the Director of Procurement so that malfunctions may be reported immediately. 3.3 The Contractor shall be responsible for refunds. The uniform system of refunding money, acceptable to the University must be in operation at all times (i.e. the Contractor must provide a workable system for refunding money to individual customers who insert money in a machine and through malfunction of the machine, received no product in return.

3.3.1 Currently, beverage vendor refunds are handled by a designated University employee in close proximity to the vending machine and the beverage company provides a change fund to use.

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RFP 9737 3.4 All service employees of the Contractor must comply with all applicable University rules of

conduct, policies, and procedures while working on the University premises.

4. ACCOUNTING REQUIREMENTS

4.1 The Contractor shall return to the University a percentage (%) commission of the total gross sales for all vending machines on campus. The gross sales shall be the number of units sold times the vending price(s).

4.1.1 The Contractor shall submit the percentage (%) commission and shall make all commission payable to University of Central Missouri, Office of Procurement and Materials Management, SouthEast Complex, 415 E Clark Street Suite 116, Warrensburg, MO 64093 on a monthly basis, within ten (10) calendar days following conclusion of the previous fiscal month. The Contractor shall be responsible for sales tax and shall not deduct it from any commissions owed the University.

4.1.2 The Contractor must include with the commission’s payment a detailed report of sales by building and machines including product name and beginning and ending readings of all sealed transaction counters on all machines. Report must clearly state dates covered by this report. 4.1.3 The Contractor must use generally accepted accounting principles as promulgated by the American Institute of Certified Public Accountants. 4.1.4 The University shall remit the Contractor’s percentage (%) of the revenue collected from all One Card (Debit Sales) and shall retain the commission percentage (%) due the University.

4.2 The Contractor shall remit to the University at the end of each contract year, the difference, if any, between the total of the previous twelve (12) monthly percentage payments and the annual guaranteed gross amount as shown on Exhibit A – Pricing Page.

4.3 Price Adjustments – The Contractor shall not charge more than the current vending pricing (as listed on Exhibit A – Pricing Page) for the period of twelve (12) months.

4.3.1 The cost of products to the Contractor may increase or decrease over the contract period; therefore, adjustments requested by the Contractor shall be based on the U.S. Department of Labor, Consumer Price Index, All Urban Customers, U.S. City Average. 4.3.1.1 In the event that any of the above wholesale price changes occur to the contract, the method of change applicable to this contract; either change in percentage of gross receipts, change in vending price, change of portion size, or combination of any of the above shall be the sole decision of the University. 4.3.1.2 Should the cost to the Contractor of purchasing any vending products be

affected by the passage of any federal or state law, rule, or regulation, the contract will be adjusted by the amount of increase or decrease incurred by this passage of law or rule. However, the Contractor must furnish copies of this class action to the Director of Procurement, specifically, indicating how the contract is affected by said change.

4.4 Revenue - If at any time during the contract period any machine or group of machines are not, in the opinion of the University, producing sufficient revenue, the University shall have the right to require the Contractor to install different machines or to remove and/or relocate certain machines to gain sufficient revenue. The Contractor shall comply upon written notification from the Director of Procurement.

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RFP 9737 4.5 The Contractor agrees that each time machines are restocked, serviced, or otherwise attended by

the Contractor or his employees, the University and/or its designee may conduct a vending count to record the number of the sale items in the machines prior to and/or following restocking.

4.6 The Contractor agrees that on any business day, the University may request that Contractor, or one of the Contractor’s representatives, appear on campus and open any and all machines and permit the University’s designee to count and determine the amount of money and/or verify the reading(s) on the transaction counters in any or all machines on campus. The University will give a minimum of four (4) hours notice of each such inspection.

4.7 The Contractor agrees that the University or its designee may audit, examine, and copy any and all books, records, and information relating to the operation of the vending machines on campus. The Contractor further agrees that failure to keep, maintain, and make available these records for any reason, whether within the Contractor’s control or not, shall constitute a material breach of contract. 4.7.1 The Contractor shall keep and maintain all records for a minimum of five (5) years. 4.8 The Contractor agrees that any breach of or failure to perform Contractor’s duties as set forth herein shall entitle the University to recover from the Contractor all lost profits, or when lost profits cannot be determined with certainty, the University shall be entitled to recover from the Contractor an amount equal to 50 percent (50%) of all gross sales by all the vending machines present on campus during the period of this contract after the breach of failure of the Contractor. For the purpose of this provision only, gross sales shall be computed by multiplying the highest gross sales for any month of the contract by the number of months of the contract affected by the breach or failure. The University’s recovery shall be that entire amount.

5. OTHER REQUIREMENTS

5.1 The Contractor shall agree to and understand that pest control services will be provided by the University on a regular basis in the areas where the vending machines are located. 5.2 The Contractor shall agree and understand that the University will furnish free of charge electricity for vending operation. 5.3 The Contractor must dispose of internal wastes daily and maintain sheets to meet standards of health and sanitation required by Federal, City, and/or State law or regulation.

END OF SECTION 1 VENDING SERVICES

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RFP 9737 SECTION 2 CONCESSIONS

1. GENERAL REQUIREMENTS

1.1 The University’s concessions are operated by its food service contractor. The food service contractor shall honor the University’s beverage contract and therefore, shall sell the Contractor’s beverage products in the following concession areas: 1.1.1 Audrey Walton Stadium 1.1.2 Multipurpose Building 1.1.3 Pertle Spring Golf Course – Traditions 1.1.4 Crane Stadium 1.1.5 South Recreation Athletic Fields 1.1.6 Other University Athletic Fields

1.2. The term “Beverage” means a carbonated and non-carbonated, non-alcoholic, natural or artificially flavored drink; including but not limited to water, soda, fruit juice, punch, tea, energy, and sports drinks products.

2. SPECIFIC REQUIREMENTS

2.1 The Contractor must furnish, install, maintain, service, repair and/or replace all equipment. The University shall have the right to request additional equipment to meet the needs and objectives of the concession operations. The equipment shall remain the property of the Contractor, and the Contractor must remove all of his/her machines as the contract’s expiration/termination/cancellation.

2.1.1 All equipment must be new or refurbished “like new” and be state-of-the-art, and remain in

that condition through the life of the contract. The opinion of the University as to the acceptability of the refurbished equipment shall be final and binding upon all parties.

2.1.2 For all retail display units, locking mechanisms must be provided, where applicable. 2.1.3 The University shall have the right to require the Contractor to remove and replace any

equipment that in the opinion of the University has deteriorated to where the machine is not mechanically able to produce reliable service.

2.2 The Contractor shall sell a variety, including size and type of container, of packaging for bottled and canned beverages for the purpose of resale over the counter or through visual coolers.

2.2.1 The Contractor shall provide a guarantee for shelf life of the products (four months for soft drinks, 90 days for juice and one year for water.

2.2.2 The University shall have the right to select various flavors to be sold. It is the intent of the University to ensure the items services are nationally advertised name brand first quality. 2.2.3 The University shall have the right to return for full refund and/or credit all unopened containers of product.

2.3 The Contractor shall supply, install, service and maintain new or refurbished “like new” agreed upon condition, state of the art mobile concession counters at the Multipurpose and Walton Stadium locations. This equipment must remain in the same condition throughout the term of the contract.

2.4 All equipment supplied must have co-branding signage installed at the Contractor’s expense.

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RFP 9737

3. DELIVERY OF PRODUCTS 3.1 The Contractor shall coordinate with University personnel or its designee as to day and time for delivery of product and supplies. 3.2 All deliveries shall be scheduled to assure authorized University personnel or its designee is available for check-in procedures. 3.3 In the event that product or supplies becomes depleted during an event, the University shall have access to telephone numbers of the Contractor’s personnel to assure delivery of additional products for that event. 4. EQUIPMENT MAINTENANCE

4.1 The Contractor must service machines and/or equipment regularly. 4.2 Machines and/or equipment must be repaired and/or replaced by trained, competent personnel within 24 hours or less after reported to designated Contractor personnel. 4.3 The Contractor must maintain proper cleaning/sanitation schedule for all machines and equipment. 4.4 The Contractor must provide and comply with the repair and maintenance schedule for all equipment located on the UCM campus.

END OF SECTION 2 CONCESSION SERVICES

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RFP 9737 PART THREE

PROMOTIONS AND UNIVERSITY SUPPORT

1. The Contractor shall donate, at a minimum, the total dollar amount to cover the items listed in 1.1, 1.2, and 1.3 to the University of Central Missouri Foundation, a 501 (c) 3 tax exempt corporation, hereinafter referred to as “Foundation”, no later than July 24, 2016 for the following capital project:

1.1 PORTABLE SCOREBOARDS FOR SOUTH RECREATION ATHLETIC FIELDS

1.1.1 The Foundation shall purchase two (2) portable scoreboards that will be located at the South Recreation Athletic Fields.

1.1.2 The University shall grant beverage advertising rights exclusively to the Contractor. The Contractor shall advertise his/her product(s) on the scoreboard(s) to the University’s faculty, staff, students and visitors to the South Recreation Athletic Fields.

1.1.2.1 The Contractor shall provide the message(s) to the University and upon approval of such, the University will program the message(s) into the display software.

1.2 GALAXY PRO® 16mm OUTDOOR LED VIDEO DISPLAY GP4 SERIES by DAKTRONICS

Model: GP4-110x176-16-2V Matrix: 110 lines by 176 columns Line Spacing: 16mm LED Color: RGB-144 Quadrillion Colors Face Configuration: 2V – two one sided displays – same content View Angle: 140 degrees Horizontal x 70 degrees Vertical Cabinet Dimensions: 6’8” H x 10’ 2” W x 0’ 9” D (Approx. Dimensions) Max Power: 2790 watts/display Weight: Unpackaged 570 lbs per display; Packaged 920 lbs per display Donation amount to include GP4 Message Display, Physical Installation, Venus® 1500 v4 Software Training, Five Year Warranty Parts Coverage, and one year extended service for on-site labor coverage.

1.3 Scoreboard forWomen’s Soccer

1.3.1 The Foundation shall purchase one (1) scoreboard for the Women’s Soccer Team.

1.3.2 The University shall grant beverage advertising rights exclusively to the Contractor. The Contractor shall advertise his/her product(s) on the scoreboard to the University’s faculty, staff, students and visitors.

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RFP 9737 1.3.3 The Contractor shall provide the message(s) to the University and upon

approval of such, the University will program the message(s) into the display software.

2. The University shall grant beverage advertising rights exclusively to the Contractor. The Contactor

shall advertise his/her product(s) on the Multipurpose Building Basketball Scoreboard, Crane Stadium Baseball Scoreboard, and Walton Stadium Football Scoreboard by the following methods:

2.1 A message display time of 8 minutes at each baseball, basketball or football game.

2.1.1 The Contractor shall provide the message(s) to the University and upon approval of such, the University will program the message into the display software.

3. The University shall grant beverage advertising rights to the Contractor to market their product on the University’s video boards.

3.1 The Contractor shall provide the message(s) to the University’s marketing staff and upon approval of such, the University will program the message into the display software.

4. The Contractor shall include a scholarship section in their financial proposal that will be used for retention purposes.

5. The Contractor shall provide marketing, branding, and promotions including, but not limited to, the following:

• Campus Arts Performance – a minimum of one each year

• Concerts

• Game Day Promotions

• Greek Week

• Week of Welcome

• Homecoming

• Family Weekend

• Earth Week

• Annual Athletic Auction

• Pertle Spring Golf Course – Golf Tournaments, etc.

• Full Branding Fountains and Coolers

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RFP 9737 • Full Branding Recycling and trash receptacles

• Co-branding giveaways to advertise and promote sustainability initiatives.

6. The Contractor shall make, at a minimum, an annual unrestricted contribution in the amount of $125,000 to the Foundation during the length of the contract for the funding of the University’s programs and activities as designated by the University President.

END OF SECTION

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RFP 9737 PART FOUR

PROPOSAL SUBMISSION INFORMATION

1. PREPARATION OF PROPOSALS:

1.1 Offerors must examine the entire RFP carefully. Failure to do so shall be at offeror’s risk.

1.2 Unless otherwise specifically stated in the RFP, all specifications and requirements constitute minimum requirements. All proposals must meet or exceed the stated specifications and requirements.

1.3 Proposals must be priced, signed, sealed, and returned (with all necessary attachments) to the Procurement Office by the bid receipt date and time specified on the first page of the RFP.

1.3.1 Specifically, any form containing a signature line must be manually signed and returned as part of the proposal.

1.3.2 In addition to the original proposal, the offeror should include fourteen (14) copies of his/her proposal, and two (2) electronic versions (either CD or USB disc). Grand total seventeen (17), one (1) original plus fourteen (14) paper copies and two (2) electronic versions.

1.4 The offeror must respond to this RFP by submitting all required data in order for the bid to be evaluated and considered for award. Failure to submit such data shall be deemed sufficient cause for disqualification of a bid from further consideration for award.

1.5 The offeror shall submit the RFP document separately from Exhibit A Pricing Proposal. The

Pricing Proposal shall be submitted in its own sealed envelope. In addition to the original pricing proposal, the offeror should include fourteen (14) copies of his/her proposal, and two (2) electronic versions (either CD or USB disc) for a grand total of seventeen (17).

1.6 To facilitate the evaluation process, the offeror is encouraged to organize his/her offer into

distinctive sections that correspond with the individual evaluation categories described in item 3, Evaluation Process.

1.7 To facilitate evaluation of the offers, it is required that the proposals be organized to respond to each paragraph of the RFP, particularly, utilize the same numbering arrangement for each item in the Scope of Services.

1.8 The offeror shall address each paragraph and subparagraph in the Part Two Scope of Services with words such as “agree”, “will comply”, “accept” or “understood” to acknowledge that they have read that paragraph or subparagraph. Offerors that fail to address all the General Requirements in the Scope of Services maybe considered as non-responsive.

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RFP 9737 2. CLARIFICATION OF REQUIREMENTS

2.1 Any and all questions regarding specifications, requirements, the competitive procurement process, etc. must be directed to the Buyer of Record as indicated on the first page of this RFP. Questions should be submitted in writing or may be faxed to the Buyer’s attention at 660-543-8345. Questions and or comments regarding this RFP shall be submitted not later than the date indicated on page one (1) of this RFP.

2.2 Offerors shall not contact any other employees of the University during the competitive procurement and evaluation processes.

2.3 The offeror is advised that the only official position of the University is that position which is stated in writing and issued by the Procurement Office as a Request for Proposal and any amendments thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

3. EVALUATION PROCESS

3.1 After determining that an offer satisfies the mandatory requirements stated in the Request for Proposal, the comparative assessment of the relative benefits and deficiencies of the offer in relationship to the published evaluation criteria shall be made by using subjective judgment. The award of the contract resulting from this Request for Proposal shall be based on the best offer received in accordance with the evaluation criteria stated below:

• Marketing and promotions for University events - support of current and new programs; Ability of marketing and promotions plan; development opportunities; Ability to partner with the University……..300 points

• Ability to meet the University’s service needs………………………….200 points

• Qualifications of the vendor and their personnel – Experience of the personnel who are committed to work on the contract will be given greater weight than that of the company…….100 points

• Completeness, thoroughness, and detail of response as reflected by the proposer’s response…………………………………….100 points

• Financial Proposal – Commission, Concession Prices, Promotion/Marketing Support, Scholarships, and Unrestricted Annual Guaranteed Revenue…300 points

3.2 After an initial screening process, a vendor presentation may be requested, if deemed necessary by the University, to clarify or verify the offeror’s offer and to develop a comprehensive assessment of the offer. If vendor presentations are requested, the maximum points awarded would be 250 points.

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RFP 9737 3.3 The University reserves the right to consider historic information and fact, whether gained from

the offeror’s offer, questions and answer conferences, references, or any other source, in the evaluation process.

3.4 The offeror is cautioned that it is the offeror’s sole responsibility to submit information related to the evaluation categories and that the University is under no obligation to solicit such information if it is not included with the offer. Failure of the offeror to submit such information may cause an adverse impact on the evaluation of the offeror’s offer.

3.5 In the event that only one offer is received in response to this Request for Proposal, the Procurement Office reserves the right to negotiate the terms and conditions, including the price, as proposed in the sole offeror’s offer. In addition, as part of such negotiations, the Procurement Office reserves the right to require supporting cost, pricing and other data from the offeror in order to determine the reasonableness and acceptability of the offer.

4. CONTRACT AWARD

4.1 Any award of a contract resulting from this RFP will be made only by written authorization from the Procurement Office.

4.2 The University reserves the right to reject any and all offers received in response to this RFP and to waive any minor irregularity or informality.

5. PRICING

5.1 The offeror must provide price(s) for all requirements as set forth in Exhibit A Pricing Proposal of this Request for Proposal. PLEASE NOTE: Exhibit A Pricing Proposal shall be placed in a separate sealed envelope clearly marked on the outside “EXHIBIT A PRICING PROPOSAL”.

5.2 Any cost and/or pricing data submitted or related to the offeror’s offer including any cost and/or pricing data related to contractual extension options, whether required or voluntary, shall be subject to evaluation if deemed by the University to be in its best interests.

5.3 For evaluation purposes only, cost shall be based on the price(s) proposed by each offeror with the offeror with the lowest price(s) proposed receiving the maximum points and the remaining offerors prorated accordingly.

6. OFFEROR’S EXPERIENCE AND RELIABILITY

6.1 Experience and reliability of the offeror’s organization are considered in the evaluation process. Therefore, the offeror is advised to submit the following information:

6.1.1 Capacity and capability to perform the work as outlined in the Scope of Services. Also the types of services your firm is particularly qualified to perform.

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RFP 9737 6.1.2 The principle in charge and the individual members of their project team and their

specific qualifications and experience.

6.1.3 Contact persons in at least three (3) schools or institution of higher education or organizations who have employed your firm for projects of the nature and capacity as outlined in the Scope of Services.

6.1.4 The address from which your firm will be providing services for this RFP and a list of services your firm has completed for the University within the last five (5) years.

7. PREFERENCES

7.1 By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions, and all other articles produced, manufactured, made or grown within the State of Missouri. Such preference shall be given when quality is equal or better and delivered price is the same or less.

7.2 In accordance with Executive Order 05-30, contractors are encouraged to utilize certified minority and women-owned businesses in selecting subcontractors. 8. PROPOSED METHOD OF PERFORMANCE

8.1 Offers will be evaluated based on the offeror’s distinctive plan for performing the requirements of the RFP. The offeror should present a written narrative, which demonstrates the method or manner in which the offeror proposes to satisfy the requirements of the Scope of Service. The language of the narrative should be straightforward and limited to facts, solutions to problems, and plans of proposed action. The offeror should specifically address the following:

8.1.1 Who will be the primary service organization directly responsible for providing this service? Name, address and telephone number of contracting agency and a contact person who may be contacted for verification of all data submitted.

8.1.2 How the offeror will function as a single point of contact for the University, including for any subcontract arrangements. This includes responsibilities and liabilities of the offeror for all problems relating to the equipment and service provided under the contract.

9. SUBMITTAL REQUIREMENTS

Tab 1. Cover Letter: The response shall contain a cover letter signed by the person who is authorized to commit the offeror to perform the work included in the proposal, and should identify all materials and enclosures being forwarded in response to the RFP. Tab 2. Executive Summary: The Executive Summary of the proposal shall be limited to five typewritten pages. The purpose of the Executive Summary is to provide a high-level description of the offeror’s ability to meet the requirements of the RFP.

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RFP 9737 Tab 3. General Information: Briefly describe the offeror’s business history and current purpose/function in the marketplace. Discuss how many years you have been offering pouring rights services. Provide current profile financial information including an annual report, statement of assets or other financial information. Tab 4. Offeror’s Contact Information: Identify and describe the offeror’s management and staff who will be dedicated and assigned to this contract. Submit a management support personnel-staffing chart that describes positions, titles, contact information, and include a brief job profile and description. Each offeror is required to describe corporate strategies and past experiences that best qualify the respondent related to this proposal. Tab 5. Marketing Plan: Describe in detail how your firm plans on enhancing current operations and services; how your firm plans to increase sales; your firms marketing and promotions plan for the University; your ability to co-brand merchandise with the University; and your plan for future development opportunities. Also elaborate on opportunities for establishing a marketing internship program with the University. Do not reference or include any pricing.

Tab 6. Ability to meet the University’s service needs: Describe in detail a delivery plan and schedule for the University. In this section, include any proposed regular deliveries and any ‘as needed” deliveries. Describe your firm’s response to service requests, you plan for periodic equipment inspections, and replacement plans for vending machines and concessions. The offeror should also include any knowledge of actual or potential labor disputes, plant closings or other conditions that would delay or threaten to delay timely performance of delivery.

Tab 7. Response to Scope of Services – Vending Services and Concessions: Indicate the offeror’s agreement and ability to provide the services requested. Include a business plan to meet the specific requirements within this section of the RFP. (see pages 7-12). Tab 8. Environmental and Sustainability Initiatives: Provide information on any environmentally friendly or sustainability initiatives that have been implemented at the manufacturing, transportation, distribution or other processes in the supply chain. The University recognizes its responsibility to foster stewardship of our natural resources and to promote environmental citizenship through its purchasing decisions when practicable. Tab 9. Additional Required Proposal Submittal Forms: References (at least five (5) college or university references including a contact person and telephone number) for which the offeror has successfully installed, managed, and operated beverage pouring rights agreements, beverage related operations for an extended period of time. With regards to each reference, offeror is requested to provide details regarding the beverage operations, relationship with client, financial arrangement, and any other relevant information. The University reserves the right, but is not obligated, to contact and review the beverage program of any institution by any proposer listed as a reference. Certificate of Insurance sample, Vendor No Tax Due Certificate, Proposer’s Sample Standard Service Agreement, and

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RFP 9737 Sample Reports. Separate, Sealed Envelope: The contents of this separate, sealed envelope will include Exhibit A, pricing proposal signed by a person who is authorized to commit the offeror and acknowledgement of any addendas. END SECTION

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RFP 9737 PART FIVE

GENERAL CONTRACTUAL REQUIREMENTS

1. CONTRACTUAL PERIOD:

1.1 The contract period shall be as stated on page two of the Request for Proposal (RFP). The contract shall not bind, nor purport to bind, the University for any contractual commitment in excess of the original contract period.

2. CONTRACT PRICE:

2.1 All prices shall be firm, fixed. The University shall not pay, nor be liable for, any other additional costs including, but not limited to taxes, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

3. APPLICABLE STATE LAWS:

3.1 The contract shall be construed according to the laws of the State of Missouri.

4. CONFLICT OF INTEREST:

4.1 No official or employee of the University or its governing body and no other public official of the State of Missouri who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project covered by the contract shall voluntarily acquire any personal interest, directly or indirectly, in the contract or proposed contract.

4.2 The Contractor covenants that he/she presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. The Contractor further covenants that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in the contract.

5. MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION

5.1 Executive order 05-30 directs the University to strengthen efforts to increase purchases to certified minority and women-owned businesses (MBE/WBE). All state agencies shall continue to make every feasible effort to target the percentage of goods and services procured from certified MBEs and WBEs to 10% and 5%, respectively. The targets may be met through the use of prime contractors, subcontractors, joint ventures, or other arrangements that afford meaningful opportunities for MBE/WBE participation. The Contractor shall therefore make a good faith effort to obtain MBE/WBE participation in any subcontracting activities. Businesses must meet the eligibility requirements outlined in 37.020 RSMo. MBE or WBE is defined as a business in which at least 51% of the ownership interest is held by minorities or women and the management and daily business operations are controlled by one or more of the minorities or women who own it. Minority is defined as belonging to one of the following racial minority

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RFP 9737 groups: African Americans, Native Americans, Hispanic Americans, Asian Americans or other similar racial groups.

5.2 In the event a MBE/WBE subcontractor is unable to satisfactorily perform, the Contractor shall make a good faith effort to replace the subcontractor with another MBE/WBE subcontractor. The Contractor must secure written approval from the Purchasing Office prior to the replacement of a MBE/WBE subcontractor. If the Contractor proposes replacement of a MBE/WBE subcontractor with a non-MBE/WBE, the Contractor must provide documentation of any and all efforts made to secure a MBE/WBE replacement. The Purchasing Office shall have sole discretion in determining if the actions taken by the Contractor constitute a good faith effort.

6. CONTRACT DOCUMENTS:

6.1 The contract between the University and the Contractor shall consist of: (1) the Request for Proposal (RFP) and any amendments there to, and (2) the Contractor's response to the Request for Proposal. The University reserves the right to clarify any contractual relationship in writing with the concurrence of the Contractor, and such written clarification shall govern in case of conflict with the applicable requirements stated in the RFP or the Contractor's response. In all other matters not affected by the written clarification, if any, the RFP shall govern. The offeror is cautioned that his/her response shall be subject to acceptance without further clarification.

6.2 To the extent that a provision of the contract is contrary to the Constitution or laws of this state or of the United States, the provision shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties.

7. AMENDMENTS TO CONTRACT:

7.1 No modification of any provision in the contract shall be made or construed to have been made unless such modification is mutually agreed to in writing by the Contractor and the University Procurement Office and incorporated in a written amendment to the contract approved by the University Procurement Office prior to the effective date of such modification.

8. ASSIGNMENTS:

8.1 The Contractor shall not transfer any interest in the contract, whether by assignment, merger, or otherwise, without the prior written consent of the University Procurement Office.

9. COMMUNICATIONS AND NOTICES:

9.1 Any written notice to the contractor shall be deemed sufficient when deposited in the United States mail, postage prepaid, and addressed to the contractor at his/her address as listed on the signature page of the contract or at such address as the contractor may have requested in writing, or by telegram when delivered to a telegraph office, fee prepaid, and addressed to the contractor at his/her address as listed on the signature page of the contract, and/or hand-carried and presented to an authorized employee of the contractor at his/her address as listed on the signature page of the contract.

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RFP 9737 10. INDEMNIFICATION

10.1 Each party shall be responsible for damages that result from its wrongful acts or omissions, or each respective party’s employees, agents, and/or representatives due to neglect or wrongful acts or omissions occurring during or arising out of the performance of duties and obligations agreed to herein. By so agreeing, the University is not waiving its sovereign immunity as provided by RSMo. Section 537.600, nor is it waiving any of the protection afforded it as a quasi-public body of the State of Missouri. Rather, the University agrees to be responsible hereunder only to the extent that it would otherwise be liable under the provisions of RSMo. Section 537.600.

10.2 In the event of legal actions or claims arising out of this contract against the University, its Board of Governors, or its employees or agents, the University shall reserve the right to engage legal counsel and determine whether settlement or defense of litigation is appropriate. This section is not withstanding worker’s compensation claims.

10.3 If allegations of wrongdoing are alleged against the University, the Board of Governors, or its employees which in fact are solely attributable to the Contractor or were solely the fault of the Contractor, the Contractor will indemnify and reimburse the University for all legal costs and expenses incurred by the University in extricating itself from the legal action or claim.

11. BANKRUPTCY OR INSOLVENCY:

11.1 Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the Contractor must notify the University Procurement Office.

11.2 Upon learning of any such actions, the University Procurement Office reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the Contractor responsible for damages.

12. NON-DISCRIMINATION IN EMPLOYMENT:

12.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall agree not to discriminate against receipts of services or employees or applicants for employment on the basis of race, color, religion, national origin, sex, age, disability, or veteran status. If the contractor or subcontractor employs at least 50 persons, they shall have and maintain an affirmative action program which shall include:

12.1.1 A written policy statement committing the organization to affirmative action and assigning management responsibilities and procedures for evaluation and dissemination;

12.1.2 The identification of a person designated to handle affirmative action;

12.1.3 The establishment of non-discriminatory selection standards, objective measures to analyze recruitment, an upward mobility system, a wage and salary structure, and standards applicable to layoff, recall, discharge, demotion, and discipline;

12.1.4 The exclusion of discrimination from all collective bargaining agreements; and contracts. 24

RFP 9737 12.1.5 Performance of an internal audit of the reporting system to monitor execution and to

provide for future planning.

12.2 If discrimination by a contractor is found to exist, the university shall take appropriate enforcement action which may include, but not necessarily be limited to, cancellation of the contract, removal from all offeror’s lists until corrective action is made and ensured, and referral to the Attorney General’s Office, whichever enforcement action may be deemed most appropriate.

13. AMERICANS WITH DISABILITIES ACT:

13.1 In connection with the furnishing of goods and services under the contract, the Contractor and Contractor's subcontractor shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA).

14. LIABILITIES:

14.1 The Contractor shall agree that the University shall not be responsible for any liability incurred by the Contractor or the Contractor’s employees arising out of the ownership, selection, possession, leasing, rental, operation, control, use, maintenance, delivery, return, and/or installation of equipment provided by the Contractor, except as otherwise provided in the contract.

14.2 The Contractor shall be responsible for any and all injury or damage as a result of the Contractor’s negligence involving any equipment or service provided under the terms and conditions of the contract. In addition to the liability imposed upon the Contractor on account of personal injury, bodily injury (including death), or property damage suffered as a result of the Contractor’s negligence, the Contractor assumes the obligation to save the University, including its employees and assigns from every expense, liability, or payment arising out of such negligent act. The contractor also agrees to hold the University, including its employees and assigns, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the Contractor under the terms of the contract.

14.2.1 However, the Contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the University, including its agencies, employees, and assigns.

15. INSURANCE:

15.1 The Contractor shall understand and agree that the University cannot save and hold harmless and/or indemnify the Contractor or employees against any liability incurred or arising as a result of any activity of the Contractor or any activity of the Contractor’s employees related to the Contractor’s performance under the contract.

15.2 The Contractor shall maintain adequate liability insurance to protect the University, its agencies, its clients and the general public against any loss, damage and/or expense related to his/her

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RFP 9737 performance under the contract. The insurance coverage shall include, but shall not necessarily be limited to, general liability, professional liability, etc. Written evidence of the insurance coverage shall be provided by the Contractor to the University. The evidence of insurance shall include, but shall not necessarily be limited to: effective dates of coverage, limits of liability, insurers’ names, policy numbers, endorsement by representatives of the insurance company, etc. Evidence of self-insurance coverage or of another alternate risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable. The evidence of insurance coverage must be submitted before or upon award of the contract. In the event the insurance coverage is canceled, the University must be notified immediately.

15.3 Contractor will indemnify the University and Board of Governors and hold them harmless from any and all costs, claims, complaints or suits arising out of this service, including attorney fees, penalties and judgments.

16. CANCELLATION FOR BREACH:

16.1 The University may cancel the contract at any time for material breach of contractual obligations by providing the contractor with written notice of such cancellation. Prior to issuing such a notice, the University will, if appropriate, provide the contractor with an opportunity to cure the breach within 30 days after notification. Should the University exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the contractor.

17. FUNDING SHORTFALLS:

17.1 In the event that funds are not available for any of the remaining years after year one (1), the University will have the option to terminate the contract with sixty (60) days’ notice.

18. VENDOR NO TAX DUE CERTIFICATION:

18.1 The State of Missouri requires the University to have a Vendor No Tax Due Certificate on file before the final award letter is provided. The selected vendor for this contract shall be in compliance with the state mandate. The procedure for obtaining this certificate is provided herein (attachment one).

19. PRECEDENCE:

19.1 In the event of a conflict between this document and the terms and conditions of any Contractor agreement, contract, proposal or any other legally binding document the terms and conditions of this document shall govern. 20. CONTRACTOR’S PERSONNEL/REPRESENTATIVES:

20.1 The Contractor agrees and understands that the University’s agreement to the contract is predicated, in part and among other considerations, on the utilization of the specific individual(s) and/or personnel qualification(s) as identified and/or described in the Contractor’s bid. Therefore, the Contractor agrees that no substitution of such specific individuals and/or personnel qualifications

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RFP 9737 shall be made without the prior written approval of the University. The Contractor further agrees that any substitution made pursuant to this paragraph must be equal or better than originally proposed and that the University’s approval of a substitution shall not be construed as an acceptance of the substitution’s performance potential. The University agrees that an approval of a substitution will not be unreasonably withheld. 20.2 In the event that the University is dissatisfied with an individual provided under this contract, the University shall give written notice to the Contractor of such fact and the reason(s) therefore. If the problem cannot be resolved to the satisfaction of the University, the Contractor shall replace the individual.

21. CONTRACTOR’S WORK ACTIVITIES AND REPORTS:

21.1 The Contractor shall fully coordinate his activities in the performance of the contract with those of the University. As the work of the Contractor progresses, advice, updated progress reports and information on matters covered by the contract shall be made available by the Contractor to the University throughout the effective period of the contract.

21.2 All reports, documentation, and material developed or acquired by the Contractor as direct requirement specified in the contract shall become the property of the University. The contractor shall agree and understand that all discussions with the Contractor and all information gained by the Contractor as a result of the Contractor’s performance under the contract shall be confidential and that no reports, documentation or material prepared, as required by the contract shall be released to the public without the prior written consent of the University.

22. SAFETY GUIDELINES

22.1 The University of Central Missouri is committed to creating a safe and healthy learning and working environment for our campus community which includes faculty, staff, students, visitors and others.

All contractors are required to perform work in a safe manner by not creating unsafe conditions. If an unsafe condition is created, the contractor is responsible for establishing and maintaining a physical barrier (for example - fencing) around their work area to protect the campus community.

The University expects all contractors to perform frequent inspections (daily or more frequent if needed) of their work area. University representatives from Facilities and/or Public Safety will also conduct inspections. If unsafe conditions are found, the job may be shut-down until all hazardous or unsafe conditions are contained or eliminated. If these hazards are not addressed in a timely manner and to the university's satisfaction, contractor agrees and understands that the university will respond appropriately up to and including possibly banning contractor from any further work on campus, either now or in the future. All contractors are responsible for helping protect the campus community from hazards and unsafe conditions. All contractors are

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RFP 9737 responsible for ensuring all safety and environmental regulations are following, i.e. OSHA, EPA, MoDNR.

END OF SECTION

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RFP 9737 PART SIX

UNIVERSITY OF CENTRAL MISSOURI PROCUREMENT AND MATERIALS MANAGEMENT

TERMS AND CONDITIONS

REQUEST FOR PROPOSAL

1. TERMINOLOGY/DEFINITIONS

Whenever the following words and expressions appear in a Request for Proposal (RFP) document or any amendment thereto, the definition or meaning described below shall apply. a. Amendment means a written, official modification to a RFP or to a contract. b. Attachment applies to all forms which are included with a RFP to incorporate any informational data or

requirements related to the performance requirements and/or specifications. c. Proposal Opening Date and Time and similar expressions mean the exact deadline required by the RFP

for the Physical receipt of sealed proposals in the Procurement and Materials Management Office. d. Offeror means the person or organization that responds to a RFP by submitting a proposal with prices to

provide the equipment, supplies, and/or services as required in the RFP document. e. Buyer means the procurement staff member of the Procurement and Materials Management Office. The

Contact Person as referenced herein is usually the Buyer. f. Contract means a legal and binding agreement between two or more competent parties, for a consideration

for the procurement of equipment, supplies, and/or services. g. Contractor means a person or organization who is a successful offeror as a result of a RFP and who enters

into a contract. h. Exhibit applies to forms which are included with a RFP for the offeror to complete and return with the

sealed proposal prior to the specified opening date and time. i. Request for Proposal (RFP) means the solicitation document issued by the Procurement and Materials

Management Office to potential offerors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes these Terms and Conditions as well as all Pricing Pages, Exhibits, Attachments, and Amendments thereto.

j. May means that a certain feature, component, or action is permissible, but not required. k. Must means that a certain feature, component, or action is a mandatory condition. Failure to provide or

comply will result in a proposal being considered non-responsive.

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RFP 9737 l. Pricing Page(s) applies to the form(s) on which the offeror must state the price(s) applicable to the

equipment, supplies, and/or services required in the RFP. The pricing pages must be completed and returned by the offeror with the sealed proposal prior to the specified proposal opening date and time.

m. Shall has the same meaning as the word must. n. Should means that a certain feature, component and/or action is desirable but not mandatory. 2. OPEN COMPETITION/REQUEST FOR PROPOSAL DOCUMENT

a. It shall be the offeror's responsibility to ask questions, request changes or clarification, or otherwise advise

the Procurement and Materials Management Office if language, specifications or requirements of a RFP appear ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source. Any and all communication from offerors regarding specifications, requirements, competitive procurement process, etc., must be directed to the buyer as indicated on the first page of the RFP. Communication made with parties outside of Procurement may result in your solicitation response being disqualified. Such communication should be received at least seven calendar days prior to the official proposal opening date.

Every attempt shall be made to ensure that the offeror receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all offerors will be advised via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. Therefore, offerors are advised that unless specified elsewhere in the RFP, questions received by the Procurement and Materials Management Office less than seven calendar days prior to the RFP opening date may not be answered.

b. Offerors are cautioned that the only official position of the University is that position which is stated in writing and issued by the Procurement and Materials Management Office in the RFP or an amendment thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

c. The Procurement and Materials Management Office monitors all procurement activities to detect any possibility of deliberate restraint of competition, collusion among offerors, price-fixing by offerors, or any other anticompetitive conduct by offerors which appears to violate state and federal antitrust laws. Any suspected violation shall be referred to the Missouri Attorney General's Office for appropriate action.

d. The Procurement and Materials Management Office reserves the right to officially modify or cancel a RFP

after issuance. Such a modification shall be identified as an amendment.

e. The Contractor certifies, by submitting this bid or proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency.

3. PREPARATION OF PROPOSALS

a. Offerors must examine the entire RFP carefully. Failure to do so shall be at offeror's risk.

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RFP 9737 b. Unless otherwise specifically stated in the RFP, all specifications and requirements constitute minimum

requirements. All proposals must meet or exceed the stated specifications and requirements. c. Unless otherwise specifically stated in the RFP, any manufacturer's names, trade names, brand names,

information and/or catalog numbers listed in a specification and/or requirement are for informational purposes only and are not intended to limit competition. Theofferor may offer any brand which meets or exceeds the specification for any item, but must state the manufacturer's name and model number for any such brands in the proposal. In addition, the offeror shall explain, in detail, (1) the reasons why the proposed equivalent meets or exceeds the specifications and/or requirements and (2) why the proposed equivalent should not be considered an exception thereto. Proposals which do not comply with the requirements and specifications are subject to rejection without clarification.

d. Proposals lacking any written indication of intent to offer an alternate brand or to take an exception shall be

received and considered in complete compliance with the specifications and requirements as listed in the RFP.

e. All equipment and supplies offered in a proposal must be new and of current production and available for

marketing by the manufacturer unless the RFP clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered.

f. Prices shall include all packing, handling and shipping charges FOB destination, freight prepaid and allowed

unless otherwise specified in the RFP. g. Prices offered shall remain valid for 90 days from proposal opening unless otherwise indicated. If the

proposal is accepted, prices shall be firm for the specified contract period. 4. SUBMISSION OF PROPOSALS a. A proposal submitted by an offeror must (1) be signed by a duly authorized representative of the offeror's

organization, (2) contain all information required by the RFP, (3) be priced as required, (4) be sealed in an envelope or container, and (5) be mailed or hand-delivered (not faxed) to the Procurement and Materials Management Office and officially clocked in no later than the exact opening time and date specified in the RFP.

b. The sealed envelope or container containing a proposal should be clearly marked on the outside with (1) the

official RFP number and (2) the official opening date and time. Different proposals should not be placed in the same envelope, although copies of the same proposal may be placed in the same envelope.

c. A proposal may only be modified or withdrawn by signed, written notice which has been received by the

Procurement and Materials Management Office prior to the official opening date and time specified. A proposal may also be withdrawn or modified in person by the offeror or its authorized representative, provided proper identification is presented before the official opening date and time. Telephone or telegraphic requests to withdraw or modify a proposal shall not be honored.

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RFP 9737 5. FACSIMILE DOCUMENTS

All responses to RFP's and amendments to RFP's including "no bid" responses and requests to modify a proposal, must be delivered to the Procurement and Materials Management Office in a sealed envelope or container. Submission by unsealed facsimile, telegram or telephone is not acceptable. However, sealed proposals containing faxed pages are acceptable. In addition, requests to withdraw proposals may be submitted by facsimile but must be received by the Procurement and Materials Management Office prior to the official opening date and time specified. 6. PROPOSAL OPENING

a. Proposal openings are public on the opening date and at the opening time specified on the RFP document.

Only the names of the offerors shall be read at the proposal opening. The contents of the proposals shall not be disclosed.

b. It is the offeror's responsibility to ensure that the proposal is delivered by the official opening date and time

to the Procurement and Materials Management Office. c. Proposals which are not received by the Procurement and Materials Management Office prior to the official

opening date and time shall be considered late, regardless of the degree of lateness or the reason related thereto, including causes beyond the control of the offeror. Late proposals shall not be opened.

7. PREFERENCES

a. By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions and

all other articles produced, manufactured, made or grown within the state of Missouri. Such preference shall be given when quality is equal or better and delivered price is the same or less.

b. In accordance with Executive Order 98-21, contractors are encouraged to utilize minority and women-

owned businesses in selecting subcontractors. 8. EVALUATION /AWARD

a. Any clerical error, apparent on its face, may be corrected by the Procurement and Materials Management

Office before contract award. Upon discovering an apparent clerical error, the buyer shall contact the offeror and request written clarification of the intended proposal. The correction shall be made in the notice of award. Examples of apparent clerical errors are (1) misplacement of decimal point; and (2) obvious mistake in designation of unit.

b. Any pricing information submitted by an offeror but not reflected on the pricing page shall be subject to

evaluation if deemed by the Procurement and Materials Management Office to be in the best interests of the University.

c. Unless otherwise stated in the RFP, cash discounts for prompt payment of invoices shall not be considered

in the evaluation of prices. However, such discounts are encouraged to motivate prompt payment.

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RFP 9737 d. Awards shall be made to the offeror whose proposal (1) complies with all mandatory specifications and

requirements of the RFP and (2) is the lowest and best proposal, considering price, responsibility of the offeror, and all other evaluation criteria specified in the RFP and any subsequent negotiations.

e. In the event all offerors fail to meet the same mandatory requirements in a RFP, the Procurement and

Materials Management Office reserves the right, at its sole discretion, to waive that requirement for all offerors and to proceed with the evaluation. In addition, the Procurement and Materials Management Office reserves the right to waive any minor irregularity or technicality found in any individual proposal.

f. When evaluating a proposal, the University reserves the right to consider relevant information and fact,

whether gained from a proposal, from an offeror, from offeror's references, or from any other source. g. Any information contained in the proposal package, regardless of the format or placement of such

information, may be considered in main decisions related to the responsiveness and merit of a proposal and the award of a contract.

h. Negotiations may be conducted with those offerors who submit potentially acceptable proposals. Proposal

revisions may be permitted for the purpose of obtaining best and final offers. In conducting negotiations, there shall be no disclosure of any information submitted by competing offerors.

i. Any award of a contract shall be made by written notification from the Procurement and Materials

Management Office to the successful offeror. The Procurement and Materials Management Office reserves the right to make awards by item, group of items, or an all or none basis. The grouping of items awarded shall be determined by the Procurement and Materials Management Office based upon factors such as item similarity, location, administrative efficiency, or other considerations in the best interest of the University.

j. Pursuant to Section 610.021 RSMo, proposals and related documents shall not be available for public

review until after a contract is executed or all proposals are rejected. k. The Procurement and Materials Management Office reserves the right to request written clarification of any

portion of the offeror's response in order to verify the intent of the offeror. The offeror is cautioned, however, that its response shall be subject to acceptance or rejection without further clarification.

9. CONTRACT/PURCHASE ORDER

a. By submitting a proposal, the offeror agrees to furnish any and all equipment, supplies and/or services

specified in the RFP, at the prices quoted, pursuant to all requirements and specifications contained therein. b. A binding contract shall consist of: (1) the RFP and any amendments thereto, (2) the contractor's response

(proposal) to the RFP including the contractor's best and final offer and (3) the Procurement and Materials Management Office's acceptance of the response (proposal) by "notice of award" (for ongoing provision of equipment, supplies, and/or services) or by "purchase order."

c. A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive

to proceed with services. Before providing equipment, supplies and or/services, the contractor must receive a properly authorized purchase order.

33

RFP 9737 d. The contract expresses the complete agreement of the parties and performance shall be governed solely by

the specifications and requirements contained therein. Any change, whether by modification and/or supplementation, must be accompanied by a formal contract amendment signed and approved by and between the duly authorized representatives of the contractor and the Procurement and Materials Management Office or by a purchase order change order prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment/change order to the contract.

10. INVOICING AND PAYMENT

a. The University does not pay state or federal taxes unless otherwise required under law or regulation. The

University's Missouri sales tax exemption number 12496308. b. Each invoice submitted must reference the contract or purchase order number and must be itemized in

accordance with items listed on the purchase order and/or contract. Failure to comply with this requirement may delay processing of invoices for payment.

c. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without

the prior written consent of the Procurement and Materials Management Office. d. Payment for all equipment, supplies, and/or services required shall be made in arrears. The University shall

not make any advance deposits. e. The University assumes no obligation for equipment, supplies and/or services shipped or provided in excess

of the quantity ordered. Any unauthorized quantity is subject to the University's rejection and shall be returned at the contractor's expense.

11. DELIVERY

Time is of the essence. Deliveries of equipment, supplies, and/or services must be made no later than the time stated in the contract or within a reasonable period of time, if a specific time is not stated. 12. INSPECTION AND ACCEPTANCE

a. No equipment, supplies, and/or services received by the University pursuant to a contract shall be deemed

accepted until the University has had reasonable opportunity to inspect said equipment, supplies, and/or services.

b. All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or

which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

34

RFP 9737 c. The University reserves the right to return any such rejected shipment at the contractor's expense for full

credit or replacement and specify a reasonable date by which replacements must be received. d. The University's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any

other legal, equitable or contractual remedies the University may have. 13. WARRANTY

a. The contractor expressly warrants that all equipment, supplies and/or services provided shall: (1) conform to

each and every specification, drawing, sample or other description which was furnished to or adopted by the Procurement and Materials Management Office, (2) be fit and sufficient for the purpose expressed in the RFP, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect.

b. Such warranty shall survive delivery and shall not be deemed waived either by reason of the University's

acceptance of or payment of said equipment, supplies and/or services. 14. APPLICABLE LAWS AND REGULATIONS

a. The contract shall be construed according to the laws of the State of Missouri. The contractor shall comply

with all local, state, and federal laws and regulations related to the performance of the contract to the extent that the same may be applicable.

b. To the extent that provision of the contract is contrary to the Constitution or laws of the State of Missouri or

of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and the Procurement and Materials Management Office.

c. The contractor must be registered and maintain good standing with the secretary of State of the State of

Missouri and other regulatory agencies, as may be required by law or regulations. d. The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required

Missouri tax returns and taxes, including interest and additions to tax. e. The exclusive venue for any legal proceeding relating to or arising out of the RFP or resulting contract shall

be in the Circuit Court of Johnson County, Missouri. 15. CONFLICT OF INTEREST

a. Officials and employees of the University, its governing body, or any other public officials of the State of

Missouri must comply with Sections 105.452 and 105.454 RSMo regarding conflict of interest. b. The contractor hereby covenants that at the time of the submission of the proposal the contractor has no

other contractual relationships which would create any actual or perceived conflict of interest. The contractor further agrees that during the term of the contract neither the contractor nor any of its employees shall acquire any other contractual relationships which create such a conflict.

35

RFP 9737 16. REMEDIES AND RIGHTS

a. No provision in the contract shall be construed, expressly or implied, as a waiver by the University of any

existing or future right and/or remedy available by law in the event of any claim by the University of the contractor's default or breach of contract.

b. The contractor agrees and understands that the contract shall constitute an assignment by the contractor to

the University of all rights, title and interest in and to all causes of action that the contractor may have under the antitrust laws of the United States or the State of Missouri for which causes of action have accrued or will accrue as the result of or in relation to the particular equipment, supplies, and/or services purchased or procured by the contractor in the fulfillment of the contract with the University.

17. CANCELLATION OF CONTRACT

a. In the event of material breach of the contractual obligations by the contractor, the Procurement and

Materials Management Office may cancel the contract. At its sole discretion the Procurement and Materials Management Office may give the contractor an opportunity to cure the breach or to explain how the breach will be cured.

b. If the contractor fails to cure the breach or if circumstances demand immediate action, the Procurement and

Materials Management Office will issue a notice of cancellation terminating the contract immediately. c. If the Procurement and Materials Management Office cancels the contract for breach, the Procurement and

Materials Management Office reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and charge the contractor for any additional costs incurred as a result.

d. The contractor understands and agrees that funds required to fund the contract must be appropriated for each

fiscal year included within the contract period (the University's fiscal year runs July 1 through June 30). The contract shall not be binding upon the University for any period in which funds have not been appropriated, and the University shall not be liable for any costs associated with termination caused by lack of appropriations.

18. COMMUNICATIONS AND NOTICES

Any written notice to the contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, or hand-carried and presented to an authorized employee of the contractor at the contractor's address as listed in the contract. 19. BANKRUPTCY OR INSOLVENCY

a. Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, whether voluntary

or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the contractor must notify the Procurement and Materials Management Office immediately.

36

RFP 9737 b. Upon learning of any such actions, the Procurement and Materials Management Office reserves the right

at its sole discretion, to either cancel the contract or affirm the contract and hold the contractor responsible for damages.

20. INVENTIONS, PATENTS AND COPYRIGHTS

The contractor shall defend, protect, and hold harmless the University, its officers, agents, and employees against all suits of law equity resulting from patent and copyright infringement concerning the contractor's performance or products produced under the terms of the contract. 21. NON-DISCRIMINATION AND AFFIRMATIVE ACTION

In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall agree not to discriminate against recipients of services or employees or applicants for employment on the basis of race, color, religion, national origin, sex, age, disability, or veteran status. If the contractor or subcontractor employs at least 50 persons, they shall have and maintain an affirmative action program which shall include: a. A written policy statement committing the organization to affirmative action and assigning management

responsibilities and procedures for evaluation and dissemination; b. The identification of a person designated to handle affirmative action; c. The establishment of non-discriminatory selection standards, objective measures to analyze recruitment, an

upward mobility system, a wage and salary structure, and standards applicable to layoff, recall, discharge, demotion, and discipline;

d. The exclusion of discrimination from all collective bargaining agreements; and e. Performance of an internal audit of the reporting system to monitor execution and to provide for future

planning. If discrimination by a contractor is found to exist, the Procurement and Materials Management Office shall take appropriate enforcement action which may include, but not necessarily be limited to, cancellation of the contract, removal from all offeror's lists issued by the Procurement and Materials Management Office until corrective action by the contractor is made and ensured, and referral to the Attorney General's Office, whichever enforcement action may be deemed most appropriate. 22. AMERICANS WITH DISABILITIES ACT

In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA).

37

RFP 9737 23. TITLES

Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language. termsandconditions (8/13)

END OF SECTION

38

RFP 9737

EXHIBIT A PRICING PROPOSAL

The bidder shall state firm, fixed prices for providing services in accordance with the terms and conditions set forth herein. PLEASE NOTE: This page shall be placed in a separate sealed envelope clearly marked on the outside “PRICING PROPOSAL Exhibit A.

1. The vending prices listed below shall be effective July 1, 2016 and remain unchanged for twelve (12) months. 1.1 Branded Carbonated soft drinks, 12 oz. $_________________ 1.2 Assorted Branded Juices/Punch, 12 oz. $_________________ 1.3 Assorted Branded Tea, 16 oz. $_________________ 1.4 Branded Carbonated soft drinks, 20 oz. $_________________ 1.5 Assorted Branded Juices/Punch, 20 oz. $_________________ 1.6 Assorted Branded Tea, 20 oz. $_________________ 1.7 Assorted Branded Sports drinks, 20 oz. $_________________ 1.8 Water, Purified or Spring, 20 oz. $_________________

2. The bidder shall state a firm, fixed percentage of gross sales from vending as a monthly commission payment: _________________% 3. The bidder shall state a firm, fixed annual vending commission guaranteed amount: $_________________ 4. The bidder shall state a firm, fixed price for the following products:

4.1 Pre-Mix Syrups 4.1.1 Cola $__________________/gal 4.1.2 Lemon-Lime $__________________/gal 4.1.3 Diet Soda $__________________/gal 4.1.4 Mountain Dew or Mellow Yellow or equivalent $__________________/gal 4.2 Post-Mix Syrups 4.2.1 Cola $__________________/gal 4.2.2 Lemon-Lime $__________________/gal 4.2.3 Diet Soda $__________________/gal 4.2.4 Mountain Dew or Mellow Yellow or equivalent $__________________/gal

39

RFP 9737 4.3 Concession Areas

4.3.1 Cola, 20 oz. Qty: ________/case $__________________/case 4.3.2 Lemon-Lime, 20 oz. Qty: ________/case $__________________/case 4.3.3 Diet Soda, 20 oz. Qty:________/case $__________________/case 4.3.4 Mountain Dew or Mellow Yellow or equivalent, 20 oz. Qty:________/case $__________________/case 4.3.5 Water, Purified or Spring, 20 oz. Qty:________/case $__________________/case 4.3.6 Assorted Branded Tea, 16 oz. Qty:________/case $__________________/case 4.3.7 Assorted Branded Sports drinks, 20 oz. Qty:________/case $__________________/case 4.3.8 Assorted Branded Energy drinks Qty:________/case $__________________/case

5. Financial Proposal: The bidder should express, in exact dollars and in-kind value figures, the amount of contractor support available, including #3 above and scholarships, to the University on an annual basis over the length of the contract. 6. Product Selection: Identify all beverages, including carbonated soft drinks, juice, tea, sports drinks, energy drinks, water, milk, etc. packaged, manufactured or distributed by respondent and/or its subsidiaries. Please include additional beverages available to the University through subcontracts, supplier agreements or other cooperative efforts. As part of the beverage partnership, at the University’s option, the supplier will provide all of the identified products and all future beverages packaged, manufactured or distributed by the supplier and/or its subsidiaries. This includes other future beverages made available through other supplier arrangements.

7. Product Specification: Identify all specifications pertaining to the above products including the portion size,

packaging, nutritional labeling, ingredient listing and dispending capability in concentration, if applicable, of each beverage. Also provide a list of syrups and concentrate flavors offered by respondent. All beverages shall be made available to the University in packages and pursuant to specifications reasonably requested by the University.

8. Cost of Product: Identify the beverage category, package size, case count (if applicable) and cost/discounts of

each beverage product offered by the supplier. The University’s expectation is product pricing and/or discounts will be equal to or lower than the price/discounts offered on beverage and beverage related items to the supplier’s most favored customers, individual university customers or governmental agencies and will be maintained during the term of the agreement.

9. Product Delivery: Provide a proposal outlining a delivery plan and schedule for the University. In this section, include any proposed regular deliveries and any “as needed” deliveries. The supplier should also include any knowledge of actual or potential labor disputes, plant closings or other conditions that would delay or threaten to

40

RFP 9737 delay timely performance of delivery.

10. Beverage Fountain Equipment: Provide a CO2/nitrogen proposal to include the installation of CO2 gas lines for CO2 tanks for dispensing equipment where such installation is necessary. The University will be responsible to provide passage through walls, ceilings, etc., if required. Depending on the total investment required, the university reserves the right to withhold approval of dispensing equipment installation. The University’s present supplier owns all current fountain equipment. The supplier will be required at the inception and throughout the term of the agreement, to supply, install, service and maintain all fountain, display, and other equipment used to sell, dispense or display beverages, without cost to University of Central Missouri or partner concessionaires. The University will require that all equipment and service be maintained at current-state-of-the-art and energy efficient standards. 11. Beverage Equipment: Provide proposed beverage and vending equipment proposal. All current Beverage

Coolers units, vending and signage are provided by current beverage supplier. The units would need to be replaced and provided by the new beverage provider. If any type of equipment provided by the successful supplier will not fit into existing areas, any modifications (i.e. new counters, coolers, etc.) will be made at the supplier’s expense. Proposed renovations must be approved in writing by the University. The supplier will be required at the inception and throughout the term of the agreement, to supply, install, service and maintain all beverage coolers, vending machines, display and other equipment used to sell, dispense or display beverages, without cost to University of Central Missouri or partner concessionaires. The University will require that all equipment and service be maintained at current-state-of-the-art and energy efficient standards.

12. Service: The supplier’s proposal is required to describe its service and quality control programs for all beverage

equipment. The supplier will include in the proposal a plan for regular maintenance of all equipment, including the filters, cleaning, flushing, winterizing of post-mix and pre-mix beverage equipment.

13. Performance Incentives: Provide a proposed incentive program for each beverage category. The performance

incentive should be specified in sufficient detail to determine the incentive for each product and volume of each product purchased in support of the beverage agreement. Any volume or other variable incentive should be similarly specified. The University understands and fully supports a plan that benefits both parties and achieves the goals and objectives of the beverage agreement. The incentives should include a performance threshold for each product selection and specification and should be mutually beneficial to the supplier and the University.

14. Contract Administration, Communication and Reporting Plan: The supplier’s proposal should offer specific suggestions regarding contract administration, reporting, planning and dispute resolution. Given the anticipated structure of the beverage partnership, and the inevitability of events and activities which today are difficult to predict, certain terms and conditions can and will be stated in dynamic terms. In this section, the University is interested in each proposer’s suggested means to strategically administer the program to meet mutually agreed upon goals of market capture, sales, service levels, customer satisfaction, new placement development and maintaining contemporary standards relating to service equipment.

15. Management Support: Identify and describe the supplier’s management and staff who will be dedicated to the program. Submit a management support personnel-staffing chart that details positions, titles, and telephone

41

RFP 9737 numbers and provides a brief job profile and description. Each supplier is required to describe corporate strategies and past experiences that best qualify the respondent for this project.

16. Transition Plan: The supplier will articulate a transition strategy for a July 1, 2016 start date.

17. Assumptions, Clarifications, and Exclusions: Describe any and all of the assumptions, clarifications, or exclusions to the proposal.

42

RFP 9737 The contractor certifies, by submitting this bid or proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency.

By submitting your proposal, you understand and agree that the terms and conditions provided throughout this solicitation are the governing terms and conditions of the Agreement. Any exception or additional terms you may wish to propose must be presented in your initial proposal at that time.

Signature

By signing this Proposal, the offeror signifies agreement with and acceptance of all the terms, conditions and specifications shown in this RFP, signifies that this is an accurate estimate for providing the requested services, and agrees to hold prices firm as required in the RFP. The person signing below represents and warrants that he/she has authority to bind his/her company. I (We) received Amendment Number ____________(Fill in number(s) received. If none, write none.)

Please complete all the information requested below:

Company name: ___________________________________________________________________

Address: ___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

Telephone number: ___________________________________________________________________

Signature: ___________________________________________________________________ Typed or printed name of individual signing proposal: ___________________________________________________________________

Date: ___________________________________________________________________

43

RFP 9737 EXHIBIT B

OFFEROR’S PRIOR EXPERIENCE

The offeror should copy and complete this form for each reference being submitted as demonstration of the offeror and subcontractor’s prior experience. In addition, the offeror is advised that if the contact person listed for the reference is unable to be reached during the evaluation, the listed experience may not be considered.

Offeror/Subcontractor Name:

Reference Information (Prior Services Performed For)

Name of Reference Company/Client:

Address of Reference Company/Client:

Reference Contact Person Name, Telephone Number, and E-mail address:

Title/Name of Service/Contract:

Dates of Service/Contract:

Description of Service performed:

Personnel Assigned to Service Contract (including position title):

END SECTION

44

RFP 9737 ATTACHMENT ONE

VENDOR NO TAX DUE CERTIFICATION

In order for the University to be able to assign the contract to your company, you must verify that you are either registered to collect sales and/or use tax in Missouri, or you are not making retail sales of tangible personal property or providing taxable services in Missouri. You can provide this verification by submitting an official “Vendor No Tax Due” certificate issued by the Missouri Department of Revenue. The Department of Revenue will issue the “Vendor No Tax Due” certificate if you are properly registered to collect and have properly remitted sales and/or use tax, or if you are not making retail sales in Missouri. Once the “Vendor No Tax Due” certificate is issued, submit it to my attention at the address noted above. (The certificate may also be faxed to my attention at 660-543-8345). If you do not provide the “Vendor No Tax Due” certificate and/or maintain a compliant tax status, it may render your company unacceptable for further consideration for University of Central Missouri contracts.

You may obtain a “Vendor No Tax Due” certificate by contacting the Missouri Department of Revenue. The attached document provides information on how to obtain the “Vendor No Tax Due” certificate. Additional information regarding Section 34.040.6 RSMo is available on the Department of Revenue’s website at http://www.dor.mo.gov/tax/business/sales/hb600.htm.

If you are not already registered as a vendor with the State of Missouri, you are encouraged to register on the state’s On-Line Bidding/Vendor Registration System website (https:www.moolb.mo.gov). Instructions for registering on this website are available on the Home page of the website.

Thank you for your attention to this urgent matter.

45

RFP 9737 How To Obtain A Certificate Of Vendor No Tax Due

A certificate of vendor no tax due can be obtained from the Missouri Department of Revenue when a business pays all of its sales/use tax in full, up to date, does not have a sales tax delinquency or does not sell tangible personal property at retail in Missouri.

If taxes are due, depending on the payment history of the business, a cashier’s check or money order may be required for payment before a certificate of vendor no tax due can be issued.

A certificate of vendor no tax due can be obtained by contacting the Missouri Department of Revenue, Division of Taxation & Collection, P.O. Box 3666, Jefferson City, MO 65105-3666. You may also call (573) 751-9268, fax (573) 522-1160, or email taxclearance@dor.mo.gov. For walk-in assistance, you can visit a Tax Assistance Center near you:

Jefferson City St. Louis 301 West High Street, Room 330 3256 Laclede Station Rd., Ste 101

Kansas City St. Joseph 615 E 13th St., Room 127 525 Jules, Room 314

Cape Girardeau Joplin 3102 Blattner Dr., Suite 102 705 Illinois Avenue, Suite 4

Springfield 149 Park Central Square, Room 313

END ATTACHMENT ONE

46

RFP 9737 ATTACHMENT TWO

DIRECT DELIVERY OUTLET

UCM

UCM ADMISSIONS OFFICE

UCM BOOKSTORE

UCM FOOTBALL

UCM BASKETBALL

DIRECT DELIVERY BY VOLUME

for the period of

July 2014 through March 2015

Direct Delivery Volume Quantity UCM 717 UCM Admissions Office 172 UCM Bookstore 87 UCM Football 78 UCM Basketball 30

END ATTACHMENT TWO

47

RFP 9737 ATTACHMENT THREE

SODEXO DIRECT DELIVERY BOTTLE/CAN BY VOLUME

for the period of

July 2014 through March 2015

Direct Delivery Volume Quantity Student Union 1934 Concessions 1515 C Store 1111 Einsteins 669 Catering 632 Traditions 188 Ellis Hall 4 Todd Hall 4 Fitzgerald Hall 4

END ATTACHMENT THREE

48

RFP 9737 ATTACHMENT FOUR

SODEXO DIRECT DELIVERY FOUNTAIN VOLUME

POST MIX

for the period of

July 2014 through March 2015

Sodexo Direct Delivery Quantity Todd Hall 2115 Ellis Hall 1048 Student Union 568 Traditions 420 Fitzgerald Hall 133

END ATTACHMENT FOUR

49

RFP 9737 ATTACHMENT FIVE

CURRENT FOUNTAIN MACHINE AND DISPLAY UNIT LOCATIONS

FOUNTAIN LOCATIONS

Chick-Fil-A

Elliott Student Union

Pertle Springs Golf Course

Fitzgerald Hall

Todd Hall

Ellis Hall

RETAIL DISPLAY UNITS

Baseball

Football

Softball

Multipurpose Building

Pertle Springs Golf Course

Chick-Fil-A

Fitzgerald Hall

Elliott Student Union

Todd Hall

Ellis Hall

END ATTACHMENT FIVE

50

RFP 9737 ATTACHMENT SIX

VENDING MACHINE LOCATIONS BY BUILDING

Building

Number of Vending

Machines Type Administration 1 Bottle Airport Terminal/Hanger 2 Bottle Art Center 1 Bottle Bowling Alley 2 Bottle Diemer Hall 1 Can Dockery 1 Bottle Driving Range 1 Bottle Ellis Hall 5 Bottle/Can SouthEast Complex 4 Bottle/Can Fitzgerald Hall 2 Bottle/Can Foster Knox 2 Bottle/Can Fraternity Complex 3 Bottle Golf Maintenance 1 Bottle Grinstead 1 Can Houts Hosey 3 Bottle Humphreys 2 Bottle JCKL 2 Bottle Lovinger Hall 3 Bottle/Can Martin 4 Bottle WCMorris 3 Bottle/Can Multipurpose 2 Bottle Nattinger/Bradshaw 3 Bottle/Can Nickerson 1 Bottle Panhellenic 2 Bottle/Can Police Institute 1 Bottle Public Safety 1 Bottle Rec Center 2 Bottle South Yeater 2 Bottle/Can Todd Hall 1 Bottle TR Gaines 2 Bottle/Can Union 3 Bottle UCC 1 Can UTT 3 Bottle Ward Edwards 5 Bottle Woods 4 Bottle

As of March 31, 2015

END ATTACHMENT SIX

51

RFP 9737 ATTACHMENT SEVEN

TOP LINE SALES VOLUME

for the period of

July 2014 through March 2015

Building Qty WARD EDWARDS #1 BTL 140 UNV CONFERENCE #1 CAN 138 WARD EDWARDS #2 BTL 131 FITZGERALD CAN 121 WCMORRIS BLD #2 BTL 115 BOWLING ALLEY GF #1 114 LEES SUMMITT 103 HOUSTS HOSEY #3 BOTTLE 97 ELLIS HALL LOUNGE GLASSFT 92 JCKL LIBRARY #3 BTL 91 NATTINGER BRADSHAW #3 BTL 90 WOODS #2 GLASSFRONT 89 JCKL LIBRARY #1 BTL 86 WARD EDWARDS #4 BTL 77 LEES SUMMIT 76 ELLIS HALL NORTH #1 BTL 76 HUMPREYS BLD #3 BTL 76 SOUTH YEATER BTL 75 REC CENTER 73 ELLIS HALL LOUNGE DASANI 71 UTT BLD #3 BTL 67 BOWLING ALLEY GF #2 65 LOVINGER HALL #1 BTL 64 SOUTH YEATER CAN 64 UTT BLD GLASSFRONT 64 NATTINGER BRADSHAW #1 BTL 62 UNION BY BOOK STORE 62 NICKERSON BSMT BTL 61 ELLIS HALL SOUTH CAN 59 REC CENTER 58 NATTINGER BRADSHAW #1 CAN 58 FITZGERALD BTL 56 LEES SUMMIT 54 LOVINGER HALL #2 CAN 54 ADMINSTRATIONS BLD BTL 52 WOODS #3 BTL 49 FRATERNITY COMPLEX #3 49 LOVINGER HALL #3 BTL 47 MARTIN #1 BTL 46 WOODS #1 GLASSFRONT 46 DIEMER HALL CAN 41 HUMPREYS BLD #1 BTL 41 WCMORRIS BLD #3 CAN 40

52

RFP 9737 ART CENTER BTL 37 DOCKERY BTL 36 UNION BY BOOK STORE 35 HANGER #3 33 FOSTER KNOX BTL 32 MULTIPURPOSE #2 BTL 30 WCMORRIS BLD #1 BTL 29 FOSTER KNOX CAN 29 MARTIN BUILDING 29 MULTIPURPOSE #1 BTL 28 PANHELLENIC BTL 28 WARD EDWARDS #5 BTL 27 WARD EDWARDS #3 BTL 25 UTT BLD #2 BTL 25 POLICE INSTITUTE BTL 25 WOOD #4 BTL 24 TR GAINES BTL 23 GRINSTEAD CAN 23 DRIVING RANGE #1 BTL 22 MARTIN #4 BTL 20 GOLF MAINTANCE #1 BTL 18 FRATERNITY COMPLEX #2 16 TODD HALL BTL 15 MARTIN #3 BTL 15 PANHELLENIC #2 CAN 15 AIRPORT TERMINAL BTL 14 TR GAINES #2 CAN 14 YEATER CAN 14 HOUSTS HOSEY #1 BTL 14 ELLIS HALL NORTH #2 13 PUBLIC SAFETY BTL 12 HOUSTS HOSEY #2 BTL 10 STUDENT HEALTH CAN 5 FRATERNITY COMPLEX #6 2

END ATTACHMENT SEVEN

53

RFP 9737 ATTACHMENT EIGHT

UCM STUDENT ACTUAL/PROJECTED ENROLLMENT

Insert PDF “Total UG and GR Headcount Enrollment at Fall Census 2006-2014 Actual/2015-2016 Projected”

54

10,711 10,918 11,063 11,191 11,351 11,637

11,878

12,513

13,379 13,647

13,920

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

Fall 2006 Fall 2007 Fall 2008 Fall 2009 Fall 2010 Fall 2011 Fall 2012 Fall 2013 Fall 2014 Fall 2015 Fall 2016

Total UG and GR Headcount Enrollment at Fall Census 2006-2014 Actual / 2015-2016 Projected

Pro

ject

ed

incr

ease

of

2%

ove

r p

revi

ou

s ye

ar

Pro

ject

ed

incr

ease

of

2%

ove

r p

revi

ou

s ye

ar

Source, Fall 2006 - Fall 2014: UCM Fact Book 2014