REQUEST FOR PROPOSALS

REQUEST FOR PROPOSALS June 11, 2014 Snack & Beverage Vending Machine Services Re-Bid Project 2013-2014 Due 10:00 AM CST/CDT Monday, June 30, 2014 Company Name: Contact Information: Printed Name & Title Address, City, State Phone Number

*Please mark the outside of your return envelope: TO: BID: Snack & Beverage Vending Machine Services 1964 Prairie Dell Road, Union MO 63084 Email: bids@eastcentral.edu PH: (636) 583-6703 FAX: (636) 584-8602 DUE: 10:00 AM, June 30, 2014 Questions concerning this Request for Proposals must be received by fax or email no later than 10:00 AM June 20, 2014. Proposals must be received June 30, 2014, No later than 10:00 AM CST/CDT. DIRECT CONTACT WITH BOARD OF TRUSTEES IS PROHIBITED. INSTRUCTIONS AND CONDITIONS: Please quote the lowest net price at which you agree to furnish the service listed. Please send 3 copies of this bid response sheet and descriptive folders giving trade names, specifications, and related information on items bid. Samples may be sent to further describe the merchandise in question. VERIFY YOUR PROPOSAL BEFORE SUBMISSION AS THEY CANNOT BE WITHDRAWN OR CORRECTED AFTER BEING OPENED. The College is exempt from the Missouri State Tax. The College is a state funded institution and requires all bids to be submitted as prevailing wage. Franklin County is listed under section 36 in the Missouri Statute. East Central College is not responsible for Request for Proposals lost in transit or received after time of quotation closing. It is the vendor s responsibility to confirm receipt of their proposal by the Purchasing Department. WE WILL ACCEPT ONLY SEALED WRITTEN BIDS; VERBAL QUOTES OR BIDS SUBMITTED VIA FAX, E-MAIL, OR ANY OTHER MEANS WILL NOT BE ACCEPTED. ALL PRODUCT DESCRIPTION, FEATURES, CHARACTERISTICS AND PRICING ASSOCIATED WITH THIS SERVICE MUST BE DETAILED IN THE BID. RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS, WAVE MINOR IRREGULARITIES, CONSIDER MINOR VARIATIONS TO SPECIFICATIONS THAT ARE CLEARLY DETAILED, AND ACCEPT THE LOWEST BID WHICH APPEARS TO BE IN THE BEST INTEREST OF THE COLLEGE. Item# Qty Description Total Cost 1 Snack & Beverage Vending Machine Services See Page 12 *Return this form to East Central College Purchasing Department with Unit Price and Extension Total indicated. East Central College reserves the right to purchase by individual item. All prices quoted shall be F.O.B. East Central College, Union, Missouri or to any East Central College off-campus location when indicated. All prices quoted shall be valid for a minimum of 90 days from closing date of request for proposal. We agree to furnish the above material and service for delivery as specified, at prices shown opposite each item. This form must be completely filled out and signed, or it will not be accepted. IT IS REQUIRED THAT THE VENDOR READ AND FOLLOW ALL INSTRUCTIONS ON THIS FORM. FAILURE TO DO SO IS SUFFICIENT CAUSE FOR REJECTION. THIS IS NOT AN ORDER Date: Name of Firm Signature & Title 2

Proposals must be received no later than 10:00 AM CST/CDT. Please send 3 Copies of the bid response sheet descriptive folders giving trade names, specifications and related information on items quoted. PROJECT TIMELINE June 11, 2014 Request for Proposals released to public June 14-15 & 18, 2014 Invitation to Issue Request for Proposals advertise June 20, 2014 June 30, 2014 June 30, 2014 July 14, 2014 Questions and inquiries concerning this Request for Proposals must be submitted not later than 10:00 AM: Fax: 636-584-8602 Email: bids@eastcentral.edu Bids due by 10:00 AM, CST/CDT to: Melissa Popp, Purchasing Manager 1964 Prairie Dell Road Union, MO 63084 Attn: Vending Machine Services Mail an original and two copies of the bid. RFP s publicly opened and read aloud, 10:05 AM, Buescher Hall, 2 nd Floor, Room 262 Recommendations submitted to the College Board of Trustees for Approval and Award. It is the responsibility of each vendor to inquire about and clarify any requirement of this solicitation that is not understood. The College will not be bound by oral explanations as to the meaning of specifications or language contained in this solicitation. All inquiries and questions deemed to be substantive in nature must be in writing and submitted as stated in timeline. Please provide business name, contact, telephone number, email address and fax number on inquires. A copy of all queries and the respective responses will be provided in the form of an addendum to all vendors who have indicated an interest in responding to this solicitation. Your signature on the proposal cover sheet certifies that you fully understand all facets of this solicitation. Questions may be sent by FAX to 636-584-8602 or email to bids@eastcentral.edu. ALL SERVICE DESCRIPTION, FEATURES, CHARACTERISTICS AND PRICING ASSOCIATED WITH THIS PROPOSAL MUST BE DETAILED IN THE BID. 3

Overview East Central College is seeking proposals from experienced vendors to provide snack and beverage vending services that are reasonably priced and customer service oriented. The service must offer energy efficient, well maintained, quality equipment with a reasonable financial return to the college. East Central College currently has vending machines located at the following locations: Main Campus Rolla North Campus 1964 Prairie Dell Road 2303 N. Bishop Union, MO 63084 Rolla, MO 65401 In addition, ECC reserves the right to add additional negotiated sites if necessary. Scope of Services: The awarded vendor shall install and manage vending machines at optimum professional and food safety standards and provide high quality products at all times. Vendor shall ensure that machines are in good operating condition at all times, which includes maintenance, servicing, temperature monitoring (as needed) and the replenishment of items dispensed by the machines. A. Vending Machines 1. Vendor must hold title to all machines and other auxiliary equipment installed. 2. All vending machines must be energy efficient ENERGY STAR equivalent or equipped with an energy miser. 3. Machines must be new or refurbished models in excellent condition, no older than 4 years old. 4. Change Making Equipment: a. Vendor must provide change-making equipment which shall have the capability of customer selection or changing coins, currency or both as determined by the college and mutually agreed to by the vendor. b. ECC is not responsible for the security of the change machines or the contents of the vending machines. c. The vendor shall provide and service the changers with amounts of change at frequent intervals to assure change is continually available. d. All vendor equipment shall have the capability of returning change in amounts of 5, 10, or 25 cents as required, and have adequate change inventory for required returns. e. Machines will be required to have dollar bill acceptors. 5. Vendors must describe the machines being used, including whether they are new or refurbished and their energy consumption and energy efficiency features. 6. Provide color brochures of proposed machines and how many of each will be utilized. 7. Current machine locations and commissions are included on Attachment A to this document. 8. Vendors will be responsible for the delivery, installation and positioning of all vending machines at vendor s sole cost and expense. 4

Scope of Services cont d 9. The college will provide the electrical and data jacks at the vending machine locations. 10. Vendor to provide all electrical and mechanical requirements to the college Facilities & Grounds Director prior to vending machine delivery to the campuses. 11. All machines shall be maintained by vendor throughout the contract period in a condition satisfactory to the college. The interior of each machine as well as on top of, behind and around base of each machine shall be maintained in a clean and orderly manner by vendor. 12. ECC reserves the right to alter the machine locations. The vendor shall be responsible for the relocation or removal of machines as needed at vendor s sole cost and expense. 13. ECC reserves the right to increase/decrease the number of machines as deemed necessary. 14. The college will not be responsible for loss or damage to the vending machines or their contents resulting from any cause while on college premises whether such damage should be caused by any agent or employee of the college or by any other person. 15. At least 2/3 of the machines shall be equipped with card readers. B. Product Mix 1. Provide menu lists of vending offerings being proposed, including brand names, product size, and vending price. 2. In addition to traditional vending offerings, ECC is interested in providing healthy alternatives in a product mix including 1/3 of product meeting a definition of health alternative. a. Vendors are to provide information on health options that they offer, again including brand names, product size and vending price. 3. If vendors provide nutritional information on the products, state whether the information is available and how the information is presented (example: via website, on the machines, etc.) 4. All vended products must be stamped with a final sale date, and removed from machines prior to that date. 5. Price Adjustments: a. Price adjustments will be considered on an annual basis in June. b. Consideration for price increases must be supported by appropriate manufacturer s documentation. The college must approve any price adjustment. C. Service & Maintenance 1. Vendor shall assign a Customer Service Representative to act as the single point of contact for all issues pertaining to this contract. The Customer Service Representative shall assist with the initial setup of the program through total implementation. This representative shall meet with designated ECC staff to discuss operational effectiveness as need or requested by the college. 2. Describe the process for service calls or machine trouble notification. 5

Scope of Services cont d 3. Vendor shall provide machine maintenance & repair service between 8:00am and 4:00pm Monday through Friday. 4. Service technician shall within twenty-four (24) hours of notification of malfunction. 5. Submit a refund policy and procedure. 6. All machines shall be labeled or have sign(s) prominently displayed that contain concise instructions as to the procedure for obtaining cash refunds. 7. Describe stocking policy to address, at the minimum, the following: a. Product Replenishment Schedule normal schedule and special events such as commencement, etc. b. College notification of any food or product recalls. D. Reporting 1. Provide the reports to be submitted to the college with the commission payment. At a minimum vendor must provide: a. Commissions & Sales: by machine and building on a schedule suitable for both vendor and ECC. 2. The college shall have the right to inspect the books and records of the awarded vendor with respect to sales made and may have said records audited by a competent auditor at its own expense. Such records shall be kept by the vendor for a period of three (3) years, and maybe be audited by the college. E. Compensation 1. The vendor shall specify the percentage of commission the college will receive for merchandise dispensed by the vendor s vending machines. 2. The commission structure must be clearly stated as a specific percentage for commission applied solely to gross sales. NOTE: commission structure must be clearly stated and based on total gross sales. Any offerings that are incomplete or unclear will be deemed nonresponsive and removed from consideration. 3. Commission payments are due quarterly or a schedule suitable for both vendor and ECC. F. Warranties In submitting a bid for this offering, the vendor expressly warrants that 1. The vendor has legal capacity to execute and perform any Agreement arising from this RFP. 2. Any Agreement arising from the award of this RFP is a valid and binding Agreement enforceable against the vendor according to it terms. 3. The execution and performance of an agreement by the vendor does not, and will not, violate or conflict with the terms of any existing Agreement or understanding of which the vendor is a party. 6

Scope of Services cont d 4. The execution and performance of an Agreement by the vendor does not, and will not, violate or conflict with any law, rule, regulation, judgment or order of any court or other adjudicative entity binding the vendor. 5. The vendor knows of no reason why the vendor is in any way, physically, legally, or otherwise, precluded from performing the obligations under an Agreement arising from this RFP, in accordance with its terms, including without limitation those relating to health and safety. 6. Such warranties shall survive and shall not be deemed waived by delivery or acceptance of, or payment for the goods and services. 7. The proposer warrants and represents that the equipment, when delivered, shall meet or exceed all applicable standards for food handling and vending as mandated by State and Federal regulation. G. Indemnity The awarded vendor agrees to indemnify, protect, save harmless, and defend East Central College, its governors, officers, employees, and agents from and against any and all claims, losses, costs, damages, and expenses, including legal costs and attorneys fees, and demands of any kind whatsoever, whether for bodily injury, including death, damage to property, including the loss of use thereof, loss of business, otherwise resulting from or arising out of operations, services, or work performed by the Proposer, its agents or employees, alone or with others, or resulting from or arising out of services provided jointly by the Bidder, its agents or employees, or through any act or omission on the part of the bidder, its agents or employees, or servants. H. Default In case of failure to deliver goods or services in accordance with the contract(s) terms and condition, East Central College, after due oral or written notice, may procure substitute goods or service from other sources and hold the contractor(s) responsible for any resulting additional purchasing and administrative costs. This remedy shall be in addition to any other solution, which ECC may have. I. Sale or Bankruptcy of Business 1. If during the life of this Agreement, the awarded vendor disposes of its business by sale, transfer, force of law or by any means to another party, all obligations are transferred to such purchaser. In this event, the new owner(s) may, in ECC s discretion, be required to submit a performance bond in the amount of the value of services to be delivered pursuant to this Agreement. 7

Scope of Services cont d. 2. In the event of the institution of any proceedings by or against the awarded vendor, voluntarily or involuntarily, in bankruptcy or insolvency, or under the provisions of the Federal Bankruptcy Act, or for the appointment of a receiver or trustee or an assignee for the benefit of creditors of the property of the vendor, ECC shall have, in addition to the rights previously stated, the right to cancel this Agreement forthwith. J. Term of Contract 1. The anticipated contractual period will be for three (3) years with the option for three (3) possible renewals of one year each. ECC reserves the right to alter this time period upon review of all proposals. ECC s fiscal year runs July 1 through June 30. The contract will commence on July 1, 2014 and end June 30, 2017 to coincide with the college s fiscal year. 2. The college reserves the right to terminate the awarded vendor s services for cause at any time during the term of the contract. In the event the services are terminated by the college written notice will be provided thirty (30) days in advance of termination date. The vendor will be responsible for any additional costs incurred by the college in utilizing any replacement firm. 3. The awarded vendor may not assign, sell or sub-contract its obligations under the contract to any third party without prior approval in writing by the college. 4. East Central College reserves the right to award one or more contracts for snack and beverage vending machine services. K. Insurance Requirements 1. Proof of Insurance: Vendors must document and detail their insurance coverage applicable to the services described herein. Such coverage must be adequate to sufficiently cover the services detailed herein and must include, at a minimum, general liability insurance coverage and professional liability insurance coverage. 2. ECC requires being named on any policy or certificate of insurance as an additional insured, along with the State of Missouri, during the contract period and on all policies required after the contract is terminated. If requested, copies of the policy/policies will be provided, at no cost, upon request to ECC. 3. The awarded vendor shall assume all responsibility for its actions and those of anyone else working for it while engaged in or traveling to or from any activity connected with this agreement. The vendor shall carry sufficient insurance to protect it and the college from any property damage of bodily injury claims arising out of the contracted work. 4. The bidder agrees to carry the insurance policies described herein and submit to ECC clarifying all coverage. All policies and certificates of insurance, except workers compensation, shall name ECC as an additional insured and provide for the insurer s waiver of subrogation in favor of ECC. The bidder agrees to bear any self-insured retention or deductible for all policies herein. All affiliates shall contain the provision that the insurance shall not be canceled or reduced for any reason, except after thirty (30) days written notice. 8

Scope of Services cont d. 5. The insurance coverage required shall be primary coverage and shall not relieve the bidder of any liability where liability for injury, death, and property damage is greater than the insurance coverage. 6. Coverage may be provided through a combination of primary and excess policies. All carriers should be A+ rated or better by A.M. Best Company. Maintenance of the minimum amounts of insurance listed should in no way be construed as limiting in any way the contractor s obligations to defend, indemnify and hold the University harmless as stipulated in the Hold Harmless and Indemnification section. 7. The bidder agrees to obtain, pay for, and maintain Worker s Compensation Coverage and Employers Liability insurance covering all their employees in accordance with the laws of the state of hire of said employees and for employers liability for bodily injury by accident at a minimum limit of five hundred thousand ($500,000) for Employers Liability, throughout the term of this Agreement, including any potential extension period, and provide evidence thereof. 8. The bidder agrees to obtain, pay for, and maintain Comprehensive General Liability insurance coverage with a minimum of one million dollars ($1,000,000) combined single limit per occurrence, throughout the term of this Agreement, including any potential extension period, and provide evidence thereof. Such insurance shall be primary over other collectible insurance that may apply and shall include coverage for the indemnification required by this Agreement. 9. The bidder agrees to obtain, pay for, and maintain Business Automobile Liability insurance coverage for all owned, non-owned, or hired vehicles throughout the term of this Agreement, including any potential extension period, and provide evidence thereof with at least one million dollars ($1,000,000) combined single limit per occurrence. 10. The bidder shall submit to ECC annually and upon execution of this Agreement, an insurance certificate evidencing all coverage noted herein. 11. Evidence of current insurance coverage shall be provided in the form of a certificate, which shall be submitted no later than ten (10) days after receipt of notice of intent to award contract. 12. All required insurance coverage s must be in effect not later than 12:01am at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions. 13. Liability insurance must remain in effect for the duration of the contract, including any extensions, and for ninety (90) days following termination of all work. 14. Vendors may, if they so desire, include with their proposal the applicable certificate of insurance. This will expedite the contract award process for the awarded vendor. 15. The awarded vendor shall forward all Certificates to: East Central College, Attn: Purchasing Manager, 1964 Prairie Dell Road, Union, MO 63084. 9

Scope of Services cont d 16. Each policy of insurance should contain an endorsement as follows: It is understood and agreed that Insurance Company shall notify in writing, the Purchasing Manager, thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy. 17. The successful vendor must have liability insurance sufficient to protect ECC from any liability arising out of services performed pursuant to this RFP throughout the term of this contract and for at least three (3) full years thereafter. In the event that the vendor fails to provide liability insurance naming ECC as an additional insured, ECC may, at its option, procure equivalent insurance coverage and contractor shall be liable for the cost of the premium thereof. The obligations set forth in this provision shall survive the termination of the contract. 18. Policy/policies shall include coverage for claims made that may arise of the activities described in this RFP and that may be presented while this policy is in force. Coverage shall cover any liability resulting from pollution or environmental contamination as determined by the college s Facilities & Ground Director. The minimum acceptable coverage is $5,000,000. Any deductible shall not exceed $25,000. 19. The successful bidder agrees to defend, indemnify, and hold harmless ECC and its officers, agents, staff members and employees, from all action, claims, and demands whatsoever that may be asserted by, or on behalf of anyone, against the University, its officers, agents, staff members and employees because of a result of, any accident, injury or illness that may occur to or be sustained by any person, agency or company that arises out of the activities conducted under this RFP by the bidder, their employees or anyone acting on the bidder s behalf. L. Procedural Requirements & Amendments 1. The awarded vendor will comply with all procedural instructions that may be issued from time to time by the college. 2. During the contract period, no change is permitted in any of its conditions and specifications unless the awarded vendor receives written approval from the Purchasing Manager or the respective designee. 3. Should the awarded vendor find at any time that existing conditions make modification in requirements desirable; it shall promptly report such matter to the Purchasing Manager or the respective designee of the college for consideration and decision. 4. During the period of the contract or any extension thereof, the college reserves the right to add or delete specific services, the awarded vendor will be given thirty (30) days notice to effect requested changes. 5. Due to changes in need and technology, ECC may require a change in the scope of the work set forth in the contract(s), the cost set forth in the contract(s) will be the basis for the evaluation of such change. Change in the scope of services may include the addition or change in the snack and beverage vending machine services. 10

Scope of Services cont d 6. ECC may from time to time make changes in the general scope of the contract of services provided by the vendor by written notice to the vendor. The vendor shall promptly comply with the notice and shall bring all subsequent service in conformance with the notice. 7. If any such change causes a material increase or decrease in the vendor s cost of operation or the cost or time allotted for fulfillment of the contract shall be negotiated and the contract modified accordingly. Any change, alteration, or modification of any contract will be valid and binding only if mutually agreed upon and documented in a change in order issued by ECC. By the submittal of a bid, vendor hereby agrees to negotiate in good faith. 8. The awarded vendor s engagement partner and/or manager may be required to meet periodically with the Purchasing Manager or the respective designee to discuss services. M. Vendor Personnel 1. While on college property: a. All personnel shall observe all rules and regulations in effect at ECC governing safety and personal conduct. b. Vendor employees shall be subject to control of the college but under no circumstances, shall such persons be deemed to be employees of the college. 2. The vendor or his personnel shall not represent themselves or be considered as employees of ECC or the State of Missouri. 3. In the event the college begins requiring criminal background for all non-college personnel performing work on the East Central College campuses. Vendors, consultants, contractors and subcontractors are required to take all reasonable steps to assure that their employees do not represent a threat to the campus community. Failure to comply with this requirement may result in immediate termination of any award or contract. 4. Vendor shall provide uniforms with proper identification badges for all vendor employees. While on college premises, all vendor employees must wear attire that identifies them as vendor s employee with identification visible from both the front and the back. 5. Dedicated Vehicles and personnel must be properly identifiable when entering college property. The selected vendor shall provide a complete list of names (including supervisors) that may be working on campus. 6. Vehicles shall be clearly identified as company vehicles and be maintained in a neat clean and sanitary condition. At least one person in each vehicle, preferably the driver, must be able to speak, read and write the English language. It shall be the vendor s responsibility to see that employees render quiet and courteous service. No loud talking or undue noise shall be permitted during the early morning hours at classroom, auxiliary and office building. 11

Percentage Commission on the following sales: 1. Snack Machines % commission on gross sales 2. Beverage Machines % commission on gross sales (Bottled) % commission on gross sales (Canned) Product Pricing Provide a price list of for snacks and beverages vended from machines. 12

Attachment A Snack Vending Machines Snack Vending Machine Commission Buescher Hall 2 Bi-Monthly 2013 2014 Multipurpose Building 1 July $ 389.10 $ 434.60 AC Building 2 September $ 1,009.35 $ 1,317.73 BC Building 1 November $ 1,369.88 $ 1,665.14 CC Building 0 January $ 505.88 $ 712.76 Health Science 1 March $ 8,803.85 ECTC 1 June $ 6,317.08 Rolla North Campus 1 $ 18,395.14 $ 4,130.23 Total Machines 9 Current Snack Commission Rate: 15.5% Beverage Vending Machines Beverage Commission Buescher Hall 3 Quarter 2013 2014 Multipurpose Building 3 1st $ 6,282.61 $ 6,487.63 AC Building 4 2nd $ 8,500.67 $ 7,301.22 BC Building 1 3rd $ 8,497.47 CC Building 5 4th $ 6,391.29 Health Science 2 $ 29,672.04 $ 13,788.85 ECTC 1 Rolla North Campus 1 Total Machines 20 Current Beverage Commission Rate: 45.83% Bottle & 36.62% Cans 13