BEVERAGE POURING RIGHTS

STATE OF NORTH CAROLINA East Carolina University Request for Proposal #: 56-2014PDRFP University Beverage Service Date of Issue: 07/31/2020 Mandatory Site Visit 08/17/2020 Proposal Opening Date: 9/4/2020 At: 3:00pm ET Direct all inquiries concerning this RFP to: Phil DePalma Purchasing Manager Email: depalmap@ecu.edu Phone: 252-328-6434 STATE OF NORTH CAROLINA Request for Proposal # 56-2014PDRFP ______________________________________________________ For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company’s Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This

page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: ______________________________________________________ Federal ID Number or Social Security Number ___________________________________________________ Vendor Name 1 EXECUTION In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #12): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL: Offer valid for at least 60 days from date of proposal opening, unless otherwise stated here: ______ days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the East Carolina University shall affix his/her signature hereto and this document and all provisions of this Request for Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). FOR STATE USE ONLY: Offer accept and Contract awarded this________ day of __________, 20____, as indicated on the attached certification, by ____________________________________________________________________ (Authorized Representative of East Carolina University) Refer ALL Inquiries regarding this RFP to: Phil DePalma depalmap@ecu.edu 252-328-6434 Request for Proposal # 56-2014PDRFP Proposals will be publicly opened: Contract Type: Open market Commodity No. and Description: 96107 Beverage Service Using Agency: East Carolina University Requisition No.: TBD STATE OF NORTH CAROLINA East Carolina University mailto:depalmap@ecu.edu 56-2014PDRFP Vendor: __________________________________________ 2 Contents Contents ............................................................................................................................................. 2 1.0 PURPOSE AND BACKGROUND ............................................................................................ 4 2.0 GENERAL INFORMATION ..................................................................................................... 5 2.1 REQUEST FOR PROPOSAL DOCUMENT ............................................................................. 5 2.2 RESERVED E-PROCUREMENT SOLICITATION N/A ............................................................ 5 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 5 2.4 RFP SCHEDULE ..................................................................................................................... 6 2.5 PROPOSAL QUESTIONS ....................................................................................................... 7 2.6 PROPOSAL SUBMITTAL ....................................................................................................... 7 2.7 PROPOSAL CONTENTS ........................................................................................................ 9 2.8 ALTERNATE PROPOSALS .................................................................................................... 9 2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ............................................................ 9 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS ................................... 10 3.1 METHOD OF AWARD ........................................................................................................... 10 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION....... 10 3.3 PROPOSAL EVALUATION PROCESS ................................................................................. 11 3.4 EVALUATION CRITERIA ...................................................................................................... 12 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................. 12 3.6 INTERPRETATION OF TERMS AND PHRASES .................................................................. 12 4.0 REQUIREMENTS .................................................................................................................. 12 4.1 CONTRACT TERM ................................................................................................................ 12 4.2 PRICING ................................................................................................................................ 13 4.3 INVOICES .............................................................................................................................. 13 4.4 FINANCIAL STABILITY ........................................................................................................ 13 4.5 VENDOR EXPERIENCE ........................................................................................................ 13 4.6 REFERENCES ...................................................................................................................... 13 4.7 BACKGROUND CHECKS ..................................................................................................... 15 4.8 PERSONNEL ......................................................................................................................... 15 4.9 VENDOR’S REPRESENTATIONS ........................................................................................ 15 5.0 SCOPE OF WORK ................................................................................................................ 16 5.1 GENERAL ............................................................................................................................. 42 56-2014PDRFP: Vendor: __________________________________________ 3 5.3 PROJECT ORGANIZATION .................................................................................................. 42 5.4 TECHNICAL APPROACH ..................................................................................................... 42 5.5 ACCEPTANCE OF WORK .................................................................................................... 42 5.6 PRODUCT PAYMENT ........................................................................................................... 42 5.7 EQUIPMENT CLEANLINESS ................................................................................................ 42 5.8 CERTIFICATION AND SAFETY LABELS FOR VENDOR SUPPLIED EQUIPMENT ............ 42 5.9 TRANSITION ASSISTANCE ................................................................................................. 43 6.0 CONTRACT ADMINISTRATION ........................................................................................... 43 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 43 6.2 POST AWARD MANAGEMENT REVIEW MEETINGS ......................................................... 43 6.3 CONTINUOUS IMPROVEMENT ............................................................................................ 43 6.4 PERIODIC STATUS REPORTS ............................................................................................ 43 6.5 DISPUTE RESOLUTION ....................................................................................................... 43 6.6 CONTRACT CHANGES ........................................................................................................ 44 ATTACHMENT A: PRICING ........................................................................................................... 45 ATTACHMENT B: INSTRUCTIONS TO VENDORS ........................................................................ 51 ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ............ 55 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR ....................................... 60 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION ................................................. 61 ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION ..................................................... 62 ATTACHMENT G: EAST CAROLINA UNIVERSITY TERMS AND CONDITIONS........................... 63 ATTACHMENT H: EAST CAROLINA UNIVERSITY COMPLIANCE STANDARDS ........................ 64 ATTACHMENT I: EAST CAROLINA UNIVERSITY DATA SECURITY STANDARDS ..................... 65 ATTACHMENT J: EAST CAROLINA UNIVERSITY QUESTIONNAIRE .......................................... 66 ATTACHMENT K: PAYMENT CARD INDUSTRY (PCI) ADDENDUMS .......................................... 67 ATTACHMENT L: IT MEMORANDUM OF UNDERSTANDING (MOU) ........................................... 69 ATTACHMENT M: VENDOR CONDUCT ON CAMPUS .................................................................. 76 ATTACHMENT N: FINANCIAL CONSIDERATION .......................................................................... 77 ATTACHMENT O: TRANSITION PLAN............................................................................................ 79 ATTACHMENT P: EQUIPMENT ....................................................................................................... 80 56-2014PDRFP: Vendor: __________________________________________ 4 1.0 PURPOSE AND BACKGROUND East Carolina University (ECU) is seeking an exclusive beverage contract with a nationally recognized beverage company. The continuing goal is to improve beverage services and increase net revenues by maximizing the availability of product, and by developing creative strategies that benefit East Carolina University and the supplier. It is anticipated that an exclusive, long-term agreement for beverages will provide additional resources, beyond preferential pricing and commissions, to support the University's endowment and capital needs. In return East Carolina University offers a business opportunity that can be highly beneficial to the selected partner. In addition to sales volume, East Carolina University has a diverse package of sponsorship deliverables as well as marketing and promotional opportunities it will provide as a part of this agreement. The University recognizes the value of a long-term commitment to this contract. Yet, it is difficult, if not impossible, to anticipate all events and activities which materially affect the ability of the partnership to achieve its objectives. The respondent is encouraged to anticipate the inevitability of change and provide specific recommendations for capitalizing on newly discovered opportunities and the changing objectives and priorities of the University. If a selection is made, it will be based on the firm that is best qualified among those submitting proposals. The selection will be made based on the evaluation of all qualified proposals, and award will be on the lowest price (best financial return to the University) and best proposal (most advantageous to the University). Cost is an important factor but is not an overriding consideration. Any contract awarded will be to the firm that possesses the qualifications, ability, responsibility, and integrity necessary to faithfully fulfill the provisions of the contract agreement. The University reserves the right to reject any or all bids and is not necessarily bound to accept the lowest cost or highest direct financial return if it conflicts with what may be in the overall best interest of the University. Other factors such as bidder's qualifications, references, employment practices, service commitment, integrity, and quality of facilities and equipment will also be weighed in making an award. While the University has attempted to provide accurate past sales data to the potential contractor via this RFP, the responsibility lies with each contractor to review and validate data and information provided by and on behalf of the University. The contractor should, therefore, develop their independent estimates of sales volumes and other data. ECU assumes no responsibility or liability for the adequacy, accuracy or completeness of any information provided in this RFP or otherwise, by the University, its agents, employees or representatives. The contractor agrees to waive any claim or defense to any claim relating to the adequacy or sufficiency of any information provided prior to the execution of the resulting agreement. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. UNIVERSITY QUICK FACTS: Enrollment: With an enrollment of approximately 23,500 o n c a m p u s students and employment of more than approximately 6,000 faculty and staff, the enrollment consists of students from all NC 100 counties, 47 states and 73 foreign countries. University Facilities: There are 118 buildings located on 385 acres within the city of Greenville, North Carolina. The University currently maintains fifteen residence halls, which provide over 5,800 beds for on campus living. These residence halls feature various amenities including vending areas. The Health Sciences Campus, which houses the Brody School of Medicine, Cardiovascular Center, new Family Medicine Building, School of Dentistry, and new Student Recreational Center is situated on approximately 50 acres on the west side of Greenville. Additionally, there are various leased spaces throughout the main and west campus. 56-2014PDRFP: Vendor: __________________________________________ 5 Campus Dining Services, contracted through Aramark, provides dining options at 19 campus locations. Two dining halls are located in the heart of the residential campus and feature full- service, all-access continual dining menus seven days a week. A full listing of campus dining locations and services is available online, www.ecu.edu/dininq. The Main Student Center offers wide variety of dining options. Campus Dining/Aramark also operates food/beverage concessions for events at Dowdy-Ficklen Stadium, Clark-LeClair Stadium, and Minges Coliseum. Athletics: The newly renovated Dowdy-Ficklen Football Stadium has a capacity of 55,000 fans, new to ECU is the TowneBank Tower renovation. Overall, Dowdy-Ficklen Stadium provides in excess of 200,000 exposure opportunities during football season. Men's and women's basketball and women's volleyball are played in Williams Arena at Minges Coliseum at East Carolina University. There is annual exposure opportunity for over 100,000 people through these sporting events. This facility is also the site of various events throughout the year including graduations, classes, home and garden shows, donor auctions, sports banquets, and concerts. The University feels its success, both academically and athletically, coupled with its size and extended impact on the region; nation and world make it a premier potential business for soft drinks sales. Please note all Starbucks locations listed below are excluded from this RFP and subsequent contract. This affects water and juice and soda. • The Wright Place • Main Campus Student Union • Joyner Library • Health Sciences Campus Student Union • And we have a Starbucks Truck (Starbucks Mobile) For clarity, this RFP is not seeking a proposal for and does not include the provision of sports beverages or water for the athletic teams of ECU. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 2.2 RESERVED E-PROCUREMENT SOLICITATION N/A 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions, the State’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with the instructions in Section 2.5 PROPOSAL QUESTIONS. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this process, the State rejects and will not be required to evaluate or consider any http://www.ecu.edu/dininq http://www.ecu.edu/dininq 56-2014PDRFP: Vendor: __________________________________________ 6 additional or modified terms and conditions submitted with Vendor’s proposal. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive. By executing and submitting its proposal in response to this RFP, Vendor understands and agrees that the State may exercise its discretion not to consider any and all proposed modifications Vendor(s) may request and may accept Vendor’s proposal under the terms and conditions of this RFP. Contact with anyone working for or with the State regarding this RFP other than the State Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor’s offer, at the State’s election. 2.4 RFP SCHEDULE The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP State 7/31/2020 RSVP for Mandatory Site Visit must be received by close of business Bidder 8/14/2020 Mandatory Site Visit State 8/17/2020 Last Day to Submit Written Questions Deadline Bidder 8/20/2020 Response to Questions State ASAP Submit Proposals Bidder 9/4/2020 Contract Award State 10/4/2020 Contract Effective Date State 1/1/2021 TRANSITION COMPLETED 1/11/2021 MANDATORY SITE VISIT Date: 08/17/2020 Time: 10:00 am Eastern Time Location: Trade Club Room in TowneBank Tower 1 Ficklen Dr., Greenville, NC Contact #: 252-328-6047 Only three (3) representatives of any interested bidder will be allowed to attend the site visit. Prior to visit all representatives must read and understand the ECU COVID-19 policy and procedure – see link below. If any representative deviates from the ECU COVID-19 policy/procedure they WILL NOT be able to attend the Mandatory Site Visit. https://returnofpiratenation.ecu.edu/wp-content/pv-uploads/sites/518/2020/07/20- 2660_Visitor_Return_of_Pirate_Nation_m03.pdf It is required that all interested bidders e-mail their RSVP (with names and titles of representatives) no later than close of business on 8/14/2020 to depalmap@ecu.edu . https://returnofpiratenation.ecu.edu/wp-content/pv-uploads/sites/518/2020/07/20-2660_Visitor_Return_of_Pirate_Nation_m03.pdf https://returnofpiratenation.ecu.edu/wp-content/pv-uploads/sites/518/2020/07/20-2660_Visitor_Return_of_Pirate_Nation_m03.pdf mailto:depalmap@ecu.edu 56-2014PDRFP: Vendor: __________________________________________ 7 Any changes to the mandatory pre-bid meeting venue will be communicated via an amendment to this RFP on the NC Interactive Purchasing System (IPS). Instructions: It shall be MANDATORY that each Vendor representative be present for a pre-proposal site per above date and time. Attendees must meet prompt. All attendees must sign in upon arrival and clearly indicate the prospective Vendor represented on the sign in sheet. LATE ARRIVALS WILL NOT BE ALLOWED TO SIGN IN, PARTICIPATE IN THE SITE VISIT, NOR SHALL THEIR PROPOSAL BE CONSIDERED. Once the sign-in process is complete, all other persons wishing to attend may do so to the extent that space and circumstances allow. The purpose of this visit is for all prospective Vendors to apprise themselves with the conditions and requirements which will affect the performance of the work called for by this Request for Proposals. Vendors must stay for the duration of the site visit. No allowances will be made for unreported conditions that a prudent Vendor would recognize as affecting the work called for or implied by this proposal. Vendors are cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal. 2.5 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. Written questions shall be emailed to depalmap@ecu.edu no later than 8/20/2020 by close of business. Vendors should enter “RFP #56-2014PDRFP Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below: Reference Vendor Question RFP Section, Page Number Vendor question …? Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. 2.6 PROPOSAL SUBMITTAL PROPOSAL OPENING LOCATION: TBD AND WILL BE COMMUNICATED VIA AN AMENDMENT TO THIS RFP AND POSTED TO THE NC INTERACTIVE PURCHASING SYSTEM. IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk for late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other delivery service. It is the Vendor’s sole responsibility to ensure its proposal has been submitted to this Office by the specified time and date of opening. The time and date of submission will be marked on each proposal when received. Any proposal submitted after the proposal deadline will be rejected. Mailing address for delivery of proposal via US Postal Service PROPOSAL NUMBER: 56-2014PDRFP Attention: Phil DePalma Materials Management 200 East first Street East Carolina University mailto:depalmap@ecu.edu http://www.ips.state.nc.us/ 56-2014PDRFP: Vendor: __________________________________________ 8 Greenville, NC 27858-4353 For proposals submitted via U.S. mail, please note that the U.S. Postal Service generally does not deliver mail to a specified street address but to the State’s Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency’s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal by U.S. Postal Service, courier, or other delivery service. Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this RFP shall NOT be accepted. a) Submit two (2) signed original executed, and six (6) copies of proposal responses, 5 (five) un-redacted proposals on flash drives and, if required, 5 (five) redacted (Proprietary and Confidential Information Excluded) copies on flash drives of your proposal simultaneously to the address identified in the table above. Flash drives will not be password protected b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. c) Flash drives will be parked with Vendor name and RFP 56-2014PDRFP. File contents shall NOT be password protected and will be in .PDF or .XLS format and shall be capable of being copied to other sources. Un-redacted submissions must contain the entire Technical and Cost Proposal including any proprietary information and have the following label affixed to the flash drive: 1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words “Technical and Cost Proposal Non-Redacted.” Redacted submissions, if required for confidentiality, must contain the Technical and Cost Proposal excluding any proprietary information identified as confidential and proprietary in accordance with Attachment B, Paragraph 14 of the Instructions to Vendors. East Carolina University, in responding to public records requests, will release the contents of this file. It is the sole responsibility of the Vendor to ensure that this file complies with the requirements of B, Paragraph 14 of the Instructions to Vendors. The following label must be affixed to the file: (1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words “Technical and Cost Proposal– Redacted Copy”. Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a vendor’s proposal(s). Critical updated information may be included in Addenda to this RFP. It is important that all Vendors proposing on this RFP periodically check the State’s IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto. Contact with anyone working for or with the State regarding this RFP other than the State Contract Lead named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor’s offer, at the State’s election. 56-2014PDRFP: Vendor: __________________________________________ 9 2.7 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order: a) Cover Letter b) Title Page: Include the company name, address, phone number and authorized representative along with the 56- 2014PDRFP. c) Completed and signed version of EXECUTION PAGES, along with the body of the RFP and signed receipt pages of any addenda released in conjunction with this RFP (if required to be returned). d) Completed version of ATTACHMENT A: PRICING e) ATTACHMENT B: INSTRUCTIONS TO VENDORS f) ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS g) Completed and signed version of ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR h) Completed and signed version of ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION i) Completed and signed version of ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION j) Completed version of ATTACHMENT J: ECU QUESTIONNAIRE k) Completed and signed version of ATTACHMENT K: PCI ADDENDUM l) Completed and signed version of ATTACHMENT L: MEMORANDUM OF UNDERSTANDING m) Completed and signed version of ATTACHMENT M: VENDOR CONDUCT ON CAMPUS n) Completed and signed version of ATTACHMENT N: FINANCIAL CONSIDERATION o) Completed version of ATTACHMENT O: TRANSITION PLAN p) Completed version of ATTACHMENT P: EQUIPMENT 2.8 ALTERNATE PROPOSALS Vendor may submit alternate proposals for various methods or levels of service(s) or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: “Alternate Proposal #___; For RFP 56-2014PDRFP; Vendor Name:__________________________”. Each proposal must be for a specific set of Services and must include specific pricing. If a Vendor chooses to respond with various service offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered. 2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS a) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency. b) BIB: Bag In a Box c) BUYER: The employee of the State or Other Eligible Entity that places an order with the Vendor. d) COMMUNITY COLLEGE: Any of the fifty-eight (58) public North Carolina Community Colleges. e) CONTRACT LEAD: Representative of the East Carolina University who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the State and who will administer this contract for the State. f) E-PROCUREMENT SERVICE(S): The program, system, and associated Services through which the State conducts electronic procurement. g) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in their proposal, but no amount or charge not 56-2014PDRFP: Vendor: __________________________________________ 10 included as part of the total proposal price will be paid. h) LOT: A grouping of similar products within this RFP. i) MCSC: Main Student Center on 10th Street. j) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required. k) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor. l) RFP: Request for Proposal m) SERVICES or SERVICE DELIVERABLES: The tasks and duties undertaken by the Vendor to fulfill the requirements and specifications of this solicitation. n) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law. o) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institutions. p) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD Contracts will be awarded in accordance with G.S. 143-52 and the evaluation criteria set out in this solicitation. Prospective Vendors shall not be discriminated against based on any prohibited grounds as defined by Federal and State law. All qualified proposals will be evaluated, and award will be on the lowest price (best financial return to the University) and best proposal (most advantageous to the University). Cost is an important factor but is not an overriding consideration. While the intent of this RFP is to award a Contract(s) to single Vendor OR multiple Vendors , the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. The status of a Vendor’s E-Procurement Services account(s) shall be considered a relevant factor in determining whether to approve the award of a contract under this RFP. Any Vendor with an E-Procurement Services account that is in arrears by 91 days or more at the time of proposal opening may, at the State’s discretion, be disqualified from further evaluation or consideration. The State reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor’s office), or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the contents of another Vendor’s proposal, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State’s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State 56-2014PDRFP: Vendor: __________________________________________ 11 would not be served by the disqualification. A Vendor’s proposal may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision. 3.3 PROPOSAL EVALUATION PROCESS The State shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The State will conduct a One-Step evaluation of Proposals: Proposals will be received from each responsive Vendor according to the method of submission specified in Section 2.6 of this RFP. All proposals must be received by the issuing agency no later than the date and time specified on the cover sheet of this RFP. At that date and time, the proposal from each responding firm will be opened publicly and the name of the Vendor and total cost offered will be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s proposal position. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. Proposals will generally be evaluated according to completeness, content, and experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed in 3.4 EVALUATION CRITERIA, below. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. The State reserves the right to reject all original offers and request one or more of the Vendors submitting proposals to submit best and final offers (BAFO), prepared in collaboration with the State after the initial responses to the RFP have been evaluated. The State reserves the right to reject all original offers and request one or more of the Vendors submitting proposals within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with the State, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State. 56-2014PDRFP: Vendor: __________________________________________ 12 3.4 EVALUATION CRITERIA All qualified proposals will be evaluated, and award will be on the lowest price (best financial return to the University) and best proposal (most advantageous to the University). Cost is an important factor but is not an overriding consideration. 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State’s business requirements and internal operational culture g) Risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.5. 4.1 CONTRACT TERM The Contract shall have an initial term of 10 years, beginning on the date of contract award (the “Effective Date”). The Vendor shall begin work under the Contract within 120 business days of the Effective Date. At the end of the Contract’s current term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of two additional one-year terms. The State will give the Vendor written notice of its intent whether to exercise each option no later than 30 days before the end of the Contract’s then-current term. In addition, the State reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. 56-2014PDRFP: Vendor: __________________________________________ 13 4.2 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT A: PRICING FORM and include in Proposal. 4.3 INVOICES a) The Vendor must submit one monthly invoice within fifteen (15) calendar days following the end of each month in which work was performed. All invoices will be paid Net 30 days for invoice date. b) Invoices must be submitted to the Contract Lead in hard copy on the Contractor’s official letterhead stationery and must be identified by a unique invoice number. All invoice backup reports and spreadsheets must be provided in electronic format. c) Invoices must bear the correct contract number and purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment. d) Invoices must include an accurate description of the work for which the invoice is being submitted, the invoice date, the period of time covered, the amount of fees due to the Vendor and the original signature of the Vendor’s project manager. 4.4 FINANCIAL STABILITY Each Vendor shall certify it is financially stable by completing the ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. 4.5 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. 4.6 REFERENCES Vendors shall provide at least three (3) references for which your company has provided Services of similar size and scope to that proposed herein. The State may contact these users to determine the Services provided are substantially similar in scope to those proposed herein and Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the proposal. COMPANY NAME CONTACT NAME TELEPHONE NUMBER 56-2014PDRFP: Vendor: __________________________________________ 14 56-2014PDRFP: Vendor: __________________________________________ 15 4.7 BACKGROUND CHECKS See Attachment M of this RFP. 4.8 PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract services provided by such personnel. 4.9 VENDOR’S REPRESENTATIONS a) Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). b) If any Services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor’s proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. 56-2014PDRFP: Vendor: __________________________________________ 16 5.0 SCOPE OF WORK Beverage Proposal requirements and estimated historical volumes for: 1)Soft Drinks, 2) Bottled Water/Flavored Water/Sports Drinks/Tea 3) Juice General Scope of Required Products and Services East Carolina University is seeking proposals from qualified suppliers to provide and sell specific carbonated beverages and/or soft drinks, bottled water/flavored water/sports drinks/tea and juices. The university wishes to continue high levels of sponsorship and commission revenues through up-to-date equipment, efficient beverage marketing, sales, and distribution, and competitive pricing and commissions as elements of an exclusive, long-term arrangement. The successful contractor of this beverage agreement will apply its collective resources to continue to increase and improve the sale, service and availability of soft drinks and beverages at all available University facilities and through the University operations. Successful Contractor is to provide the following: Soft drink, bott led water/flavored water/sports drinks/tea and juice exclusivity (including pouring rights and promotional/marketing rights as defined in this RFP) to all areas of East Carolina University for a period of Ten (10) consecutive years. All proposed beverages, products, and related items supporting the sale of its beverages must be mutually agreeable to the University and the respondent. In addition to preferential product pricing, respondent will be expected to provide an upfront payment, as a signing award, at the beginning of the contract and an installment payment, as exclusivity fee, each year on the anniversary date of the contract for the entire period of the contract agreement. In exchange for the respondent's financial considerations, the University will provide an excellent marketing venue for the successful respondent and its products through signage, event sponsorship, program acknowledgment, and advertisement. As the University desires to increase revenues by increasing beverage product sales in all its venues, Bidders are asked to present a comprehensive suggested marketing program designed to increase sales in Dining Services and Athletic Concessions. Consideration will be given to companies that minimize product packaging and containers that end up in the universities waste stream rather than be easily recycled. It is expected that a comprehensive waste reduction and recycling plan be a part of the proposal. 56-2014PDRFP: Vendor: __________________________________________ 17 1) Soft Drinks (carbonated) Soft Drink Proposal Considerations and Requirements 1) VENDING: The University currently has a beverage vending relationship with the Coke-Cola. The vendor installs and maintains the machines. The vendor collects the money and stocks the machines while complying with all ADA and health compliance issues. The vendor also maintains accounting information and pays monthly commissions to the University on previous month sales. Current vending prices are $.75 per 12 oz bottle/can and $1.25 per 20 oz bottle. The University does not anticipate, nor look favorably, on any price increase with the new contract. The successful respondent will be responsible for all applicable sales tax. Currently there are one hundred and eighty (180) soft drink machines located in various locations throughout the University. Current vending prices are $.75 per 12 oz. beverage, $1.25 for 20 oz. Vending Sale History: Bottles 20 oz: Fiscal Year FY 2018 _6297_____Cases FY 2019 _5787_____Cases Cans 12 oz Fiscal Year FY 2018 _1562_____Cases FY 2019 _1214_____Cases Vending Specifications: The University seeks a relationship that maximizes revenues and resultant commissions and meets customer needs. Mutual agreement will determine the final number and placement of drink machines when the successful respondent assumes responsibility for the drink vending operation at the expiration of the current contract. The successful respondent will be responsible for all applicable sales tax. Vending Equipment: Drink vending machines shall be new, or like new, comparable in style, color, and model in order to provide standardization and uniformity of appearance. Vending machines shall also utilize vandal-proof mechanisms and have the capability of accepting dollar bills and electronic payment. Machines will be s ubject to the approval of the University. Vending machines should meet Energy Star specifications for energy efficiency. Energy Star is a government-backed program helping business and individuals protect the environment through superior energy efficiency. http://www.energystar.gov The successful bidder shall be required to periodically review, and upgrade machines as new or more popular equipment becomes available. The successful contractor shall be required to periodically review, and upgrade machines as new or more popular equipment becomes available. Volume or weight changes may be made only with written approval of the University. Various types of beverages may be sold in the same vending machine. All equipment that needs to be transitioned into ECU will be at the expense of the vendor that has been awarded the contract Credit/Debit Function: Additionally, the University operates a debit card program, ECU 1 Card, utilizing the campus ID card and Cbord is the provider of card-based transaction processing for a variety of accounts. As part http://www.energystar.gov/ 56-2014PDRFP: Vendor: __________________________________________ 18 of this RFP, vendor shall describe in detail a credit/debit card and/or 1 Card payment system. The Contractor shall provide the card readers and mounting hardware required to connect the vending machines to accept the ECU 1 Card and any other telemetry for inventory control or payment system. If the ECU 1 Card system is used for payment, ECU will administer the payment processing system, and access a transaction fee comparable to credit card industry standards for merchant fees. In the future, and at the Vendor’s expense, the equipment may need to be upgraded due to the non-availability of maintenance support. At no time will vendor utilize the ECU wi-fi or data network. All PCI compliance regulations must be followed and certified. Meters: All machines must be equipped with a mechanical non-reset meter or an electronic totalizer device. If equipped with a mechanical meter, the University may, at any time while the contract is in force, require that meters be replaced with an electronic totalizer device. Ownership: The vending machines shall be the property of the contractor. Except as provided in this agreement, the University shall have no duty to care for the vending machines and no obligation or responsibility to protect, maintain; repair, or otherwise care for any vending machines. The University shall use responsible care to reduce the risk of loss (including that from theft and vandalism to any drink machine) while such equipment is located on University property. However, ECU accepts no responsibility or liability for loss. Maintenance: The contractor, at its own expense, shall maintain each of the water vending machines in good working order. Throughout the term, the contractor shall maintain 24- hour, seven days a week telephone answering service, with a minimum of 4-hour response time to provide machine repair, product replenishment and support service. The contractor shall also perform preventative maintenance and regular service audits on all such equipment. A web- based service request system, with access to status updates and reporting functions is preferred. Servicing: The contractor will ensure that all residence hall machines are full at the beginning of the weekend. Should a call be made to report an empty machine in the residence halls, the contractor will dispatch someone to refill the machines within 4 hours. If the call is made during the night, the contractor will respond at 8:00a.m. the following morning. The contractor shall have representatives, located within a 60-mile radius of Greenville, North Carolina, at the dispatch of the University with names and local telephone numbers submitted with the RFP response. Lack of proper attention to details, such as machinery and inventory, results in a loss to the University. The University reserves the right to terminate this contract if the contractor fails to live to the conditions outlined herein. Facilities: The University shall provide the contractor with such heat, water, electricity, and ventilation as are necessary to operate the drink machines and devices provided. The contractor shall not permit its employees, agents, or servants to remove, alter, or make changes in any University equipment or premises without the express approval of the University. The contractor shall be liable for the complete renovation of all or any part of the premises, which may be damaged or destroyed by the acts of omissions of the contractor or its employees, officers, guests or invitees. The contractor shall return the premises, upon expiration or termination of any contract resulting from this RFP, to the University in the same condition that existed at the commencement of any contract resulting from this RFP less reasonable wear. All parking on the ECU Campus is restricted. Parking permit(s) must be purchased by vendor at its expense from ECU Parking and Traffic regulations must be obeyed. Parking on the curbs and sidewalks is prohibited on ECU campus. Contractor will be provided a list of the sites on ECU campus where parking is permitted during unloading and stocking vending machines. 56-2014PDRFP: Vendor: __________________________________________ 19 Health and Safety: The contractor shall comply with all applicable Health and Sanitation laws, rules and regulations of the Federal Government, the State of North Carolina, East Carolina University, and the City of Greenville and keep in a clean, sanitary, neat and orderly condition the appearance the vending areas, including its equipment, fixtures, and other personal property at all times by: • Cleaning the outside of machines as they are serviced; • Cleaning up any spillage and/or overflows caused by malfunctions and/or servicing; • Removing from the premises all cartons, trash, or refuse of any nature, whatsoever, which may accumulate and arise from the servicing of its machines. In particular, all food and drink products of any nature which are removed from machines are not to be discarded in the waste receptacles located in the vending areas or other parts of the residence halls or buildings; and • Performing routine cleaning procedures on the interior of vending machines and, during vacation periods, a major and detailed cleaning of all machines, both exterior and interior. • Fully cooperating at all times with the University, its agents and representatives in the testing of its vending machines or devices and/or its products for the purpose of determining adherence to proper health and sanitation standards. Staff: Part of this contract requires servicing machines in the residence halls. All residence halls have locked exterior doors. Access to vending locations will be provided, with any keys or devices used for access signed-out to the vendor, with their return required upon request. Payment for replacement of lost keys or access devices will be the responsibility of the contractor, to include any cost associated with re- keying facilities. It is imperative that the contractor employs only those individuals of impeccable moral character to work on this campus. The university reserves the right to request a background check of vendor employee at the vendor expense. Any allegations of improper conduct by contractor's employees will result in immediate demand of replacement of that employee. Repeated offenses may be grounds for termination of the contract. 2) Dining Services: at East Carolina University is a thriving, growing food services operation that will generates revenues from the sale of beverages, Dining Services is very interested in working with the contractor to continue to increase beverage sales. While interested in preserving its tradition of offering customers a choice of beverage product, Dining Services will work with contractor collaboratively to promote the mutually beneficial sale of exclusive soft drink products via a constant and active marketing campaign. Dining Services does not encourage over consumption of sugar-based drinks by providing “super-sized” drink containers, bottles or cans in retail. Serving sizes should not exceed 20 ounces for bottle or canned beverages and fountain drinks will not exceed 22-ounce containers. Dining Contractor: Dining Services currently contracts for its pouring rights through its contractor, ARAMARK. The University's Dining Services contractor will directly purchase all RFP-related beverage products for consumption in Dining Services restaurants from the successful bidder and be invoiced for same. Post Mix Usage History: Dining Services utilizes the five-gallon bag in a box product in its fountain carbonated soft drink and punch/lemonade programs. The combined usage rate of all campus restaurants for the various products currently utilized is as follows: Fiscal year FY 2018 __14540___ Gallons purchased FY 2019 __14500___ Gallons Purchased Post Mix Syrup Dispensing Equipment Requirements: All dining services fountain dispensing equipment is used in a self-service manner and must be equipped with locks and/or shut off devices; a separate water 56-2014PDRFP: Vendor: __________________________________________ 20 supply shut off valve; a stainless steel, vented, double check valve backflow preventer; all necessary components to support a bag in the box system; and the necessary components of a C02 system. All fountains dispensing equipment must be supplied, installed and maintained by the contractor at no cost to the University. All equipment installed in dining services must be new and of state-of-the-art models, and must remain in a like new and market current condition throughout the life of the contract. Utilities provided will be standard 3/8" or better cold water line, 110 voltage and grounded 20 amp electrical service Fountain Dispensers: A minimum of 25 fountain dispensers’ units to duplicate the services currently in dining services. All dispensers must be of the "quick fill" variety and include head configurations and ice dispensers of the size noted in specification. All dining halls unit must have (2) Two heads dedicated to dispensing chilled tap water. Chilled tap water must be dispensed in the nine campus cafes. It will be at the contractor’s expense to add additional dispensers if required. All fountain dispensing units must be equipped with no less than 1/3 HP compressors, must be completely self-contained and have a closed dispensing system. All fountain dispensing units must meet appropriate State of North Carolina Health Department codes. Fountain Dispenser Units: The following list describes the minimum fountain dispensing units to be provided in the dining area. The successful contractor will be expected to provide additional units as consumer demand warrants and as facility renovation or new construction warrants. Todd Dining Hall • 4 soda units with 8 heads & minimum 250# ice dispensers for each • 2 juice units with 4 heads West End Dining Hall • 3 soda units with 8 heads & minimum 250# ice dispensers for each • 1 juice units with 4 heads Wright Place • 4 soda units with 8 heads & minimum 250# ice dispensers for each Galley • 2 soda units with 8 heads & minimum 250# ice dispensers for each Croatan CFA • 3 In-counter soda units with 10 heads & ice bins Croatan Chili’s. Closed in Year one of contract, to reopen fall 2021 • 1 soda units with 8 heads & minimum 250# ice dispensers for each • 1 soda units with 8 heads + 4 additional options & minimum 250# ice dispensers for each Reade Street/Subway • 1 soda units with 8 heads & minimum 250# ice dispensers for each Murphy Center • 1 soda units with 8 heads & minimum 250# ice dispensers for each Health Science Student Center • 1 Freestyle type unit with 250# ice dispenser (if there is no rental fee, if there is please provide a 1 soda units with 8 heads & minimum 250# ice dispensers for each) 56-2014PDRFP: Vendor: __________________________________________ 21 MCSC Raising Canes’ • 1 In-counter soda units with 8 heads & ice bins MCSC 1907 • 1 soda units with 8 heads & minimum 250# ice dispensers for each MCSC Panda Express • 1 soda units with 8 heads & minimum 250# ice dispensers for each MCSC Au Bon Pain • 1 soda units with 8 heads & minimum 250# ice dispensers for each Flavor Selection: Flavor selection on all units will be matched to consumer preferences and be agreed upon by Dining Services managers. All flavor selections available must be clearly marked for the customer. C02 Units: Successful contractor will provide, install and maintain a C02 system for all fountain-dispensing units of a type that is mutually agreeable to Dining Services management. Successful contractor will provide and deliver C02 necessary to dispense fountain beverages at no cost for the life of the contract. Bottled Beverage Usage History: Dining Services sells a large variety of bottled carbonated soft drinks, fruit punches; cold tea products and sports drinks in its five campus cafes. The combined usage rates of all five campus cafes for the various products currently utilized are as follows: • Carbonated Soft Drinks (20oz.) • July 1, 2018 -June 30, 2019 2881 Cases • All Other Bottled Beverages • July 1, 2018 -June 30, 2019 9675 cases • Bottled Beverage Merchandising Equipment Requirement: All bottled beverages are dispensed from sliding or pull-open door, glass fronted merchandiser refrigerators in a self-service manner. Many of the units are rear-loaders and all are sized to fit the spaces they occupy. Successful contractor must supply, install and maintain refrigerated merchandisers in exact duplication of the units currently in place. All merchandisers installed in Dining Services must be new and of state-of-the-art models and must remain in a like new and market current condition throughout the life of the contract. All merchandisers must be of the size and type (single, double or triple door; front or rear loader) that is appropriate to the location and that is acceptable to Dining Services unit manager. Utilities provided will be 110 voltage and grounded 20-amp electrical service. Refrigerated Merchandisers: There are 3 refrigerated merchandisers in use currently by Dining Services. All units provided must come equipped with all necessary features to dispense the intended product and all must meet appropriate State of North Carolina Health Department codes. The contractor will be expected to provide additional units as consumer demand warrants and as facility renovation or new construction warrants. Bate Quantity of 2 front loading upright refrigerated coolers with 2 doors each. Flavor Selection: Selection of all bottled beverage products offered will be matched to consumer preference and be agreed upon by Dining Services management. 56-2014PDRFP: Vendor: __________________________________________ 22 Current Product Costs: The following product cost information is presented to enable the offerors to assemble an attractive product cost proposal. The prices listed are an average for each product calculated from prices paid currently to multiple vendors. • BIB Carbonated Soft Drink Syrup • BIB Non-Carbonated Punch I Tea/Lemonade Syrup • 20 oz. Bottled Carbonated Soft Drinks • 16 and 17.5 oz Bottled Juice • 20 oz. Bottled Cold Tea/Coffee $_10.22_per gallon $_10.22__per gallon $_.57____each $__1.14___each $__1.42___each Mobile Units: Dining Services and other campus departments provide beverage service to a variety of outdoor functions each year. Contractor will provide at no cost, a mobile trailer, cart, or other unit with a dispensing fountain of 4 heads as needed throughout the life of the contract. Mobile pre-mix or substitute will be stocked or supplied during use with desired pre-mix product, and cups in appropriate quantity to provide service to the number of expected customers. The expectation is for the University to be allowed up to 20 uses per year of above described fully stocked mobile pre-mix units and disposable cups at no cost each year of the contract. Other Pouring Rights Requirements Equipment Service: All equipment and service shall be provided by the contractor, free of charge, within 24 hours of notification, all parts included. Automatic monthly preventive maintenance adjustment on all machines to be performed by contractor's service personnel is required. The contractor will provide all parts that are needed for repairs free of charge. With respect to any and all University dining operations providing continuous all access dining of fountain equipment must occur before the next scheduled meal service. Daily Deliveries: The contractor shall make daily product deliveries, including Saturdays and Sundays if needed. All deliveries shall arrive between 6:30a.m. and 4:30p.m. Maintenance and Repairs: The contractor will have designated maintenance technician on call Monday through Friday and available on weekend if needed. The maintenance technician must be capable of performing maintenance and repairs to all equipment and shall remain on the premises for a minimum of two hours to assure proper operation of all equipment. Notification: The Dining services unit manager will inventory and verify all daily delivery. Marketing: The University expects to actively work with the successful contractor to constantly increase sales of vendor’s beverage products through Dining Services by: • Successful contractor is expected to routinely participate in joint marketing meetings with Dining Services Unit Managers, Contract Administrator, and University Marketing Coordinator, to review and discuss sales goals, as well as upcoming promotional opportunities. • Marketing calls or in-person meetings should be planned no less than quarterly to discuss upcoming promotions and opportunities. Written marketing plan and reporting on marketing dollars spent will be provided to University marketing coordinator(s) on a quarterly basis. • Contractor will provide contractor-branded equipment in addition to that provided to dining, such as drink coolers for Campus Recreation and Wellness. • Contractor will provide banners, clings, counter cards and promotional signage, at no cost, and upon demand. Co-branded printed materials must be pre-approved by Dining Services, ECU Athletics or University Marketing Coordinator. 56-2014PDRFP: Vendor: __________________________________________ 23 • Contractor will provide complimentary branded labeled, wax-coated paper cups in all dining locations. Small foam cups are only acceptable for special events on a pre-approved basis. • Contractor will provide major contest prizes for campus special events, and a supply of branded promotional items at no cost. • The above suggestions are merely a sampling of the expected ways the contractor will work with Dining Services Unit Managers and University Marketing Coordinator to promote product movement and campus exposure to brands. Successful contractor is encouraged to provide examples of other ways they will promote brand and increased sales as part of their proposal. Bidders are to specify the minimum dollar amount to be spent on annual campus marketing, excluding Athletics. This should encompass donated beverage products; experiential events; approximate value of providing promotional offers through dining services; and marketing collateral. However, necessities such as dining hall cups, branded cooler case clings, etc. are excluded. Direct Purchase: ECU departments such as medical clinics, facilities services, and campus recreation, have needs for bulk case purchases of product for supply use. ECU Central Stores / Medical Storeroom accommodate these customers by serving as the liaison between the contractor and the department to offer products through its supply catalog. The expectation is that ECU shall be given a reduced pricing structure for all direct purchases. In addition to the availability of bulk product for business purposes, the University desires a co-branded label for bottled water. This branded bottled water will be given out at Admissions tours, Open houses, and other events, and will be purchased by the University department hosting the events. Small quantities of the co-branded water bottles may also be requested for donation by the vendor for select special events. Contractor will work with University Marketing to create a mutually agreeable label design. Pricing should be at or below the same bulk cost of water per case. Please provide your plan to produce co-branded water. Usage: Box in a Bag Carbonated Soft Drink Usage July 1, 2018 to June 30, 2019 2135 Gallons Bottled Beverage Usage Carbonated Soft Drinks (20oz.) July 1, 2018 to June 30, 2019 Cases 596_______ 3) ATHLETIC CONCESSION: The net proceeds support the operational needs of the ECU Athletic Department. Athletic Concessions manages all Concession booths and Kiosks in Dowdy Ficklen Stadium, Minges Coliseum, Clark-LeClair Stadium, Johnson Stadium, and Max Ray Joyner Family Softball Stadium. Dowdy Ficklen Stadium has a capacity of 50,000; Minges Coliseum has a capacity of 7,500; and Johnson Stadium and Max Ray Joyner Family Softball Stadium has a capacity of 1,000 each; Clark-LeClair Stadium has a capacity of 2,500. The successful contractor will provide soft drink sale service and support to include all concessions variety booths, tents beverage trailers, portable kiosks and hawker's station during ECU sporting events. Equipment Requirements - Athletic Concessions Dowdy-Ficklen Stadium • Twenty-Eight (28) - 6-head fountains with compressors and racks to hold two 5-gallon post Mix-syrup containers per head. (Includes new end zone concession booth) • Four (4)- 4-head fast-fill units with compressors and three 5 gallon post-mix syrup containers per head capability. (Hawker Booth) 56-2014PDRFP: Vendor: __________________________________________ 24 • Two (2) - lighted menu boards per concession booth with removable characters and merchandising windows. Minges Coliseum • Twelve (12)- 6-head fountains with compressors and two 5 gallon post-mix containers per head. • Two (2) - lighted menu boards per concession booth with removable characters and merchandising windows. Clark-LeClair Stadium • Three (3) - 6-head fountains with compressors and two 5 gallon post-mix containers per head. • One (1) - Lighted menu board with removable characters and merchandising windows. • Three (3) Refrigerated Merchandisers Mobile Trailers: Provide mobile trailers for all special event requirements as needed. Standby Service Personnel: The University will require on-site repair/service personnel during all home football, men's basketball games and baseball games. Site Preparation: All concession fountain dispensers will be sanitized, tested, and made operational no later than five (5) working days prior to the first event of each season. A service and inventory check of all required concession locations will be accomplished no later than three (3) working days prior to every event. Coordination: Coordination with the Athletics Concession Manager will be made to accomplish these tasks. The Concession Manager will provide a schedule of all sporting events to the contractor occurring at the University. Concession Cups: The successful contractor will provide all necessary soft drink souvenir cups for concession operations, to include one-size Pirate Club specific cups. Standard cup sizes will be 20 oz. plastic and 32 oz. plastic. Cups should be of a thickness considered reusable, souvenir cups. The beverage company and athletic logos shall be displayed on each cup in a pleasing design, along with designated co-sponsor logos of companies as determined by ECU Athletics or designated sports marketing corporation. A representative from ECU Athletics will have final approval of the cup design. The successful contractor may purchase cups from a company of its choice. However, vendor must be licensed by the Collegiate Licensing Corporation (CLC) as ECU trademarks should be included in the cup design. The successful respondent will work with the concession's manager to ensure that the right number and sizes of cups, including lids, are ordered and received on-site no later than 15 working business days prior to the first home football game. Approximately 100,000 – 150,000 cups are ordered annually. Quantity will fluctuate based on need as determined by concessions manager. Unused cups remain the property of ECU to be donated for use at campus events. Hawker Smocks: The successful bidder will provide all drink "hawker" smocks for use in the Dowdy-Ficklen stadium or any other Athletic Facility as requested by Athletics. Design of the smocks will be in collaboration with the Concessions Manager. Facilities: Concession booths at the Dowdy-Ficklen Football Stadium, Minges Basketball Arena, Clark- LeClair Baseball Stadium, Johnson Stadium and Max Ray Joyner Family Softball Stadium, TowneBank Tower are currently setup handle to soft drink dispenser units identify in section “Equipment Requirements – Athletic Concessions” per this RFP. Any modification to concession facilities to retro fit beverage equipment will be coordinated and managed through Athletics and University Facilities. 56-2014PDRFP: Vendor: __________________________________________ 25 NOTE: The successful respondent will be responsible for outfitting the new concession booths with equipment and fountains in a similar fashion to the current concession booths. Service: The University is committed to exemplary and legendary service. Each respondent is required to describe its service and quality control program for all contractor provided equipment. ECU requires that the supplier provide twenty-four (24) hour service and repair of all equipment within (24) hours, seven (7) days a week, at no cost to the University. With respect to any and all University operations providing three (3) meals per day, repair of fountain equipment must occur before the next scheduled meal service. Sponsorship and Promotions Exposure: This RFP offers the inherent opportunities associated with the various programs mentioned in this RFP plus additional exposure for the successful respondent through negotiated packages with the designated ECU contracted sports marketing corporation. Signage: The successful proposer will receive visibility at the following East Carolina University venues (cost of sign production will be the responsibility of the successful respondent): Dowdy/Ficklen Stadium: S i g n a g e opportunities will be provided in each of the 18 concession booths as well as with third party vendors that contract athletic concessions during football season. Minges Coliseum/Williams: this 7,500-seat arena is home of ECU men's and women's basketball and volleyball. It is also the site of numerous concerts and programs. During the spring it is often home to the eastern North Carolina High School regional basketball championship games. Signage/menu boards inside the 8 arena concession booths will be provided to the successful respondent. Clark-LeClair Stadium: Signage/menu boards inside the stadium concession booths will be provided to the successful respondent Max Ray Joyner Family Softball Stadium: Signage/menu boards inside the stadium concession booth will be provided to the successful respondent. Johnson Stadium: Signage/menu boards inside the stadium concession booth will be provided to the successful respondent. Tickets: The successful proposer will receive tickets for the following University sporting events held at ECU facilities where tickets are sold: • Football: 10 season tickets • Men's Basketball: 6 season tickets • Women's Basketball: 6 season tickets • Baseball: 6 season tickets • Softball: 6 season tickets Other sporting event tickets will be made available for purchase, upon timely, advanced request: • Bowl Games (football): 8 tickets • Men's AAC Basketball Tournament: 6 tickets • Women's AAC Basketball Tournament: 6 tickets • Baseball AAC Tournament: 6 tickets P. A. Announcements: The successful bidder will have product name(s) included in ECU Concession P.A. Announcements at a variety of athletic venue events. 56-2014PDRFP: Vendor: __________________________________________ 26 Sponsorship of ECU sporting events: The successful respondent will have first right of refusal for a paid sponsorship of sporting events at the University. Cost of sponsorship will be determined by ECU Athletics, or designated sports marketing corporation. Purple and Gold Pigskin Pig-out Sponsorship Opportunities: This event celebrates the end of spring football practice. It is a multi-day event that draws in excess of 5,000 fans and alumni to campus for a golf tournament, pig cooking contest, outstanding academic athlete recognition breakfast and football scrimmage. Proceeds from this event go to the athletic scholarship fund. Other general considerations: Dining Services provides service to 16,000 customers in its restaurants every class day and is very activity in attempting to increase its revenues through beverage product sales and offers the successful bidder every opportunity to cooperatively promote its products in campus dining restaurants. Dining Services' marketing manager will be the point person to coordinate all marketing and promotional efforts related to campus dining. These opportunities will include, but not be limited to, inclusion in Dining Services' Value Meal program; special priced offerings to Dining Services Advantage Account customers as part of its Advantage Declining Balance program; beverage product samplings; contests for contractor- provided prizes designed to promote excitement and product interest; incentives for frequent beverage product purchases; etc. Dining Services will heavily utilize contractor provided banners and other materials for signage to promote its numerous special events and special programs throughout the contract. Advertising: The successful proposer will have the right to advertise the fact that its products are available at the University. However, this exclusivity agreement does not grant the contractor a license or other right to duplicate or use the name, any image or intellectual property of the University in any manner other than as may be expressly approved in writing in connection with the performance of the contract and approved by the 56-2014PDRFP: Vendor: __________________________________________ 27 2) Bottled Water/Flavored Water/Sports Drinks/Tea General Scope of Required Products and Services for Bottled Water/Flavored Water/Sports Drinks/Tea This RFP is seeking proposals from qualified suppliers to provide bottled water, bottled flavored water, bottled sport drinks and tea. The University wishes to continue high levels of sponsorship and commission revenues through up-to-date equipment, efficient beverage marketing, sales, and distribution, and competitive pricing and commissions as elements of an exclusive, long-term arrangement. The contractor for bottled water will work with the university and use its collective resources to provide water and flavored water products and equipment as required per this agreement. Through this RFP, East Carolina University intends to form a contract with a qualified organization for the purposes of providing exclusive bottled water pouring rights within the University. Successful contractor is to provide the following service and support: Bottled water exclusivity (including pouring rights and promotional/marketing rights as defined in this RFP) to all areas of East Carolina University for a period of ten (10) consecutive years. All proposed bottled water beverages, bottled flavored water products, equipment and related items supporting the sale of bottled water beverages must be mutually agreeable to the University and the contractor. In addition to preferential product pricing, respondent will be expected to provide an upfront payment, as a signing award, at the beginning of the contract and an installment payment, as exclusivity fee, each year on the anniversary date of the contract for the entire period of the contract agreement. In exchange for the respondent's financial considerations, the University will provide an excellent marketing venue for the successful respondent. As the University desires to increase revenues by increasing water product sales in all its venues, bidders are asked to present a comprehensive suggested marketing program designed to increase sales in Dining Services, Concessions and Vending. 56-2014PDRFP: Vendor: __________________________________________ 28 1 VENDING: The University currently has a beverage vending relationship with Coke Cola which included. Dispensing of bottled water, bottled flavored water and bottled sport drinks vending. The contractor is responsible for the install and maintenance of all the machines. The vendor collects the money and stocks the machines while complying with all ADA and health compliance issues. The vendor also maintains accounting information and pays monthly commissions to the university on the previous month sales. Current vending prices are $.75 per 12 oz bottle/can and $1.25 per 20 oz bottle. The University does not anticipate, nor look favorably, on any price increase with the new contract. The successful respondent will be responsible for all applicable sales tax. Vending Sale History: Bottled Water 20 oz: July 1, 2017 to June 30, 2018 _1187___ Cases July 1, 2018 to June 30, 2019 _1161___ Cases Flavored Water 20 oz: July 1, 2017 to June 30, 2018 _4___ Cases July 1, 2018 to June 30, 2019 _31____ Cases Bottled Sports Drink 20 oz: July 1, 2017 to June 30, 2018 _312___ Cases July 1, 2018 to June 30, 2019 _396____ Cases Bottled Vitamin Water: July 1, 2017 to June 30, 2018 _ 113___ Cases July 1, 2018 to June 30, 2019 161____ Cases Bottled Tea: July 1, 2017 to June 30, 2018 _89___ Cases July 1, 2018 to June 30, 2019 _92____ Cases Vending Specifications: The University seeks a relationship that maximizes revenues and resultant commissions and meets customer needs. Mutual agreement will determine the number and placement of drink machines. Placement of vending machines is determined by various ECU departments/Materials Management, and contingent upon approval from the ECU Office of Environmental Health and Safety. Exact location of vending machines will be determined by several factors including, but not limited to customer request, availability of suitable location. When multiple machines are in close proximity to each other, every effort will be made to ensure bottled water is one of the options. It is anticipated that upon full implementation of all beverage contracts, no less than 15% of campus vending machines will sell bottled water. In the case of contractor winning multiple beverage bids, i.e. bottled water and juice; bottled water and soft drinks, these beverages may be sold in the same vending machine. Vending Equipment: Vending machines shall be in new or like new condition, comparable in style, color, and model in order to provide standardization and uniformity of appearance. Vending machines shall also utilize vandal-proof mechanisms and have the capability of accepting dollar bills. Machines will be subject to the approval of the University. Vending machine should meet Energy Star specifications for energy efficiency. Energy Star is a government-backed program helping business and individuals protect the environment through superior energy efficiency. http://www.energystar.gov The successful bidder shall be required to periodically review, and upgrade machines as new or more popular equipment becomes available. Volume or weight changes may be made only with written approval of the University. All http://www.energystar.gov/ 56-2014PDRFP: Vendor: __________________________________________ 29 equipment that needs to be transitioned into ECU will be at the expense of the vendor that has been awarded the contract. Credit/Debit Function: Additionally, the University operates a debit card program, ECU 1 Card, utilizing the campus ID card and Cbord is the provider of card-based transaction processing for a variety of accounts. As part of this RFP, vendor shall describe in detail a credit/debit card and/or 1 Card payment system. The Contractor shall provide the card readers and mounting hardware required to connect the vending machines to accept the ECU 1 Card and any other telemetry for inventory control or payment system. If the ECU 1 Card system is used for payment, ECU will administer the payment processing system, and access a transaction fee comparable to credit card industry standards for merchant fees. In the future, and at the Vendor’s expense, the equipment may need to be upgraded due to the non-availability of maintenance support. At no time will vendor utilize the ECU wi-fi or data network. All PCI compliance regulations must be followed and certified. Meters: All machines must be equipped with a mechanical non-reset meter or an electronic totalizer device. If equipped with a mechanical meter, the University may, at any time while the contract is in force, require that meters be replaced with an electronic totalizer device. Ownership: The vending machines shall be the property of the contractor. Except as provided in this agreement, the University shall have no duty to care for the water vending machines and no obligation or responsibility to protect, maintain; repair, or otherwise care for any vending machines. The University shall use responsible care to reduce the risk of loss (including that from theft and vandalism to any drink machine) while such equipment is located on University property. However, ECU accepts no responsibility or liability for loss. Maintenance: The contractor, at its own expense, shall maintain each of the water vending machines in good working order. Throughout the term, the contractor shall maintain 24hour, seven days a week telephone answering service, with a minimum of 4-hour response time to provide machine repair, product replenishment and support service. The contractor shall also perform preventative maintenance and regular service audits on all such equipment. A web-based service request system, w i th access to status updates and reporting functions is preferred. Servicing: The contractor will ensure that all residence hall machines are full at the beginning of the weekend. Should a call be made to report an empty machine in the residence halls, the contractor will dispatch someone to refill the machines within 4 hours. If the call is made during the night, the contractor will respond at 8:00a.m. the following morning. The contractor shall have representatives, located within a 60-mile radius of Greenville, North Carolina, at the dispatch of the University with names and local telephone numbers submitted with the RFP response. Lack of proper attention to details, such as machinery and inventory, results in a loss to the University. The University reserves the right to terminate this contract if the contractor fails to live to the conditions outlined herein. Facilities: The University shall provide the contractor with such heat, water, electricity, and ventilation as are necessary to operate the drink machines and devices provided. The contractor shall not permit its employees, agents, or servants to remove, alter, or make changes in any University equipment or premises without the express approval of the University. The contractor shall be liable for the complete renovation of all or any part of the premises, which may be damaged or destroyed by the acts of omissions of the contractor or its employees, officers, guests or invitees. The contractor shall return the premises, upon expiration or termination of any contract resulting from this RFP, to the University in the same condition that existed at the commencement of any contract resulting from this RFP less reasonable wear and tear. 56-2014PDRFP: Vendor: __________________________________________ 30 As mentioned earlier, all parking on the ECU Campus is restricted. Parking permit(s) must be purchased by vendor at its expense from ECU Parking and Traffic regulations must be obeyed. Parking on the curbs and sidewalks is prohibited on ECU campus. Health and Safety: The contractor shall comply with all applicable Health and Sanitation laws, rules and regulations of the Federal Government, the State of North Carolina, East Carolina University, and the City of Greenville and keep in a clean, sanitary, neat and orderly condition the appearance the vending areas, including its equipment, fixtures, and other personal property at all times by: • Cleaning the outside of machines as they are serviced; • Cleaning up any spillage and/or overflows caused by malfunctions and/or servicing; • Removing from the premises all cartons, trash, or refuse of any nature, whatsoever, which may accumulate and arise from the servicing of its machines. In particular, all food and drink products of any nature which are removed from machines are not to be discarded in the waste receptacles located in the vending areas or other parts of the residence halls or buildings; and • Performing routine cleaning procedures on the interior of vending machines and, during vacation periods, a major and detailed cleaning of all machines, both exterior and interior. • Fully cooperating at all times with the University, its agents and representatives in the testing of its vending machines or devices and/or its products for the purpose of determining adherence to proper health and sanitation standards. Staff: Part of this contract requires servicing machines in the residence halls. All residence halls have locked exterior doors. Access to vending locations will be provided, with any keys or devices used for access signed-out to the vendor, with their return required upon request. Payment for replacement of lost keys or access devices will be the responsibility of the contractor, to include any cost associated with re- keying facilities. It is imperative that the contractor employs only those individuals of impeccable moral character to work on this campus. The university reserves the right to request a background check of vendor employee at the vendor expense. Any allegations of improper conduct by contractor's employees will result in immediate demand of replacement of that employee. Repeated offenses may be grounds for termination of the contract. 56-2014PDRFP: Vendor: __________________________________________ 31 2 DINING SERVICES: Dining Services at East Carolina University is contracted through Aramark Food Services. As a percentage of revenues are derived from the sale of beverages, Dining Services and its contracted vendor will work together with the contractor to increase sales and expand variety of bottled water beverages. Dining Contractor: Dining Services currently contracts for its pouring rights through its contractor, ARAMARK. The University's Dining Services contractor will directly purchase all RFP- related beverage products for consumption in Dining Services restaurants from the successful bidder and be invoiced for same. Bottled Water Usage History: Dining