Executed Contract_Convenience_Store.pdf

R.

2025-UWMIL-00826-RFB

Contract #: P25-015-O30 Prime Vendor Convenience Store: Full Line Grocery and Snacks

PIggybackable

Issuing Agency: This contract is entered by and between The State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee and Contractor

Contractor:

S. Abraham & Sons 4001 Three Mile Rd NW Grand Rapids, MI 49534 616-453-6358

Account Representative / Orders and Billing: Dominique Orsini, 262-337-0456, Dominique.orsini@sasinc.com

Contract Administrators (Day to Day Operations):

Andrew Brandt, 414-251-9104, brandta@uwm.edu

Contract Manager: Pam Loignon, (414) 229-5212, loignon@uwm.edu

1. General Description: This is a contract for a Prime Vendor to supply and deliver a diverse and deep line of candy, snacks, sundries, health & beauty aids, drugs, groceries, and holiday candy for resale.

UWM’s Retail Operations Department will be the primary user of this contract but the contract must be made available to all UWM departments, to include our outlying location in Waukesha County. This contract will be used on an as needed basis and must not be construed as a mandatory or exclusive contract.

2. Types of Orders: Under this contract, Specific orders, and Contract blanket orders, may be issued to the Contractor.

Ordering may also take place with a university-issued Purchasing Card. All orders placed by UWM shall be bound by the terms, conditions, and pricing of the awarded contract whether the department refers to the contract or not.

Specific order(s): issued as one-time orders.

Purchasing Card order(s): issued as one-time order(s).

Contract blanket order(s): issued for a specified period, to allow departmental personnel to issue releases against the Contract blanket order(s) as needed.

3. Contract Length: The contract will be from January 1, 2025, through December 31, 2025, with the option for five (5) available one (1)-year renewals that shall automatically renew unless either party notifies the other in writing of their intent not to renew at least ninety (90) days prior to the expiration of the term. UWM reserves the right to extend the contract on a month-to-month basis upon contract expiration if it is in UWM’s best interest.

4. Pricing: Contractor does accept credit cards with a 3% fee. The contractor will accept purchase orders net 15 terms.

Interest and late payments are as provided for in Wis. Stat. 16.528.

Contract Class and Category Breakdown and %’s: %’s to be held firm throughout the contract:

Class/Subclass Description of Class Cost %

5 CANDY/SMALL SNACKS 4.50%

8 HBC - FIRST AID 7.50%

8-39 Antacids (Class 8 subclass) 4.50%

8-44 Cough Drops Stick (Class 8 subclass) 4.50%

Docusign Envelope ID: 54121DA0-C501-44CF-9B59-67E6B3900217 mailto:Dominique.orsini@sasinc.com mailto:brandta@uwm.edu mailto:loignon@uwm.edu

8-45 Cough Drop Bag (Class 8 subclass) 4.50%

10 GM - HOME/OFF. SUPPLIES 7.50%

11 GM - BAR & OTHER SUNDRIES 7.50%

12 GM - LIGHTERS/ACCESSORIES 7.50%

13 GM BATTERIES/FILM/CAMERAS 7.50%

14 GM - MISC 7.50%

15 GM - TOYS 7.50%

16 GROCERY 8.50%

17 DAIRY 8.50%

18 FROZEN 8.50%

19 CONVENIENCE FOOD/SUPPLIES 8.50%

5. Price Escalation: Escalation/De-Escalation Clause: Bid prices in Exhibit B shall remain firm for thirty (30) days of the contract. Invoice prices must be “Cost Plus Mark Up,” the percent markup the contractor multiplies against their cost to reach the selling price to UWM. The pricing basis (cost plus markup percent) and “category percentages” must remain firm for the entire contract term including any renewals

6. Product/Packaging: Products delivered to UWM must be guaranteed to comply with all Federal Pure Food Laws and Regulations, and Wisconsin State laws. Products must be made, stored, and rotated to the best industry standards and practices to ensure quality and freshness of products.

All products shall be in original containers and individual packages. All shipping containers shall be plainly marked identifying the contents, variety, count (if applicable), net weight, brand and manufacturer and/or distributor.

Refrigerated, frozen and dry goods shall be separately packed.

Packaging shall be in accordance with the best commercial practices to ensure sanitation, prevention of damage to products and an optimal shelf life. All containers shall meet the requirements of the applicable U.S. Standard for Conditions of Food Containers. Individual and shipping containers shall be new, clean, and unbroken.

7. Labeling: All food and beverage products furnished must be identified with open code dates or code dates, as determined by the type of product delivered. Upon request, the contractor must provide a product code number key to UWM to decipher the code dates within five (5) business days. The product code number key should explain the actual date of production or processing. Products with open code dates should clearly show the use-by date, date of production, date of processing, sell by date, best if used by date, or similar markings.

All food items must contain nutrition labels and ingredient lists.

UPC code information must be provided for all products purchased by UWM. There are multiple UPC’s that may be associated with each item (case, unit, and/or individual pack). This Information must be submitted to UWM prior to purchase.

8. Product Price Lists/Shelf Labels: Current product price lists and shelf labels must be provided for UWM at no cost on an ongoing basis. The product list must include:

Product brand, description if applicable and code number Unit of purchase, including a minimum if applicable (e.g., 3, 6, 12 etc.)

Product brand, description if applicable Size and count (e.g., case) (note: indicate full case ordering discount, if available) UWM cost and/or contractor cost

As manufacturer’s costs change during the contract term, the Contractor must send new shelf tags if pricing is on the labels for each location.

9. Software Integration Technical Requirements: UWM utilizes the CBORD Foodservice Suite (FSS) system/software

Docusign Envelope ID: 54121DA0-C501-44CF-9B59-67E6B3900217 as its food production system. The successful vendor will work with The CBORD Group, Inc. to establish these interfaces. The successful vendor will be required to set up the original database of vendor ordering numbers.

The successful vendor shall assume all Foodservice Suite interface costs, The CBORD Group Inc.’s license costs, the cost of setting up and maintaining the database, as well as any IT needs on the vendor’s systems. As of August 2024, the one-time initial cost to CBORD from the successful vendor would have been $13,564.25 and the annual fee would have been $2952.72. Prices and change to pricing are subject to CBORD’S sole discretion.

The successful vendor will be required to provide nutrition and ingredients in all food products used in recipes.

The successful vendor will provide staff trained by/or CBORD to provide CBORD support to:

Update the database to include, but not be limited to:

• Ingredients

• Item numbers

• Key names

• Nutrition

• Allergens

• Item substitutions in recipes

• Creating labels compatible for:

o Service line.

o Inventory storage areas.

10. Vendor Order Interface: The successful vendor’s direct order entry software must have the ability to interface with CBORD’s Order Transmission Module (OTM). The direct order entry software must have a weekly and monthly automated price updating system.

The successful vendor will provide a technical support person assigned to work with CBORD technical support to ensure proper communication occurs between the different software systems. This support person will also have regular communication with the DRS CBORD Administrator.

A back-up manual call or fax system shall be established for when internet access, the on-line direct order entry system, or the CBORD OTM interface is unavailable.

11. Vendor Electronic Invoicing Interface: A successful vendor must have the ability to accept invoices to a secure FTP website. The preferred method of retrieving invoices is the vendor provides a hyperlink to a file on a secured website (FTP site).

12. Software Interface Requirements: Internet electronic order system, as delineated below:

• Electronic order system with the following capabilities:

• Confirm orders within 1 hour.

• Status on unconfirmed delivery items

• Notification of subbed items with nutrition information to verify like item within 1 hour of order.

• Handle multiple orders daily.

• Handle multiple line orders.

• Periodic product/price updates, as applicable

• The Cost-Plus Mark-Up percentages must remain firm during the contract term.

• Export

• Export, including comma eliminated format.

• Generate product order history.

• Match orders to invoices.

• It is currently used at a similar sized facility.

• Installation & test of system following award prior to start of contract.

System support for:

• Recipe files

• Ingredient lists

• Food costing

• Inventory via barcode

13. Ordering: Orders will be placed via telephone, email, or online on an as needed basis Monday through Friday. Order minimums shall not exceed a full case, although single units are preferred.

The minimum order is $500.00 for each delivery location.

The contractor must be able to accommodate campus peak and slack periods. Holiday product ordering schedules and delivery must be given to UWM at least two (2) weeks in advance of the ordering deadline.

14. Ordering Devices: The contractor will provide three (3) Cipherlab RS36 Series, with ZiiZii Mobil Ordering devices. at no cost to UWM. The equipment shall remain the property of the Contractor. In cases where an ordering device is not working, the contractor shall respond within twenty-four (24) business hours via phone or email acknowledgement of service call. The ordering device must be repaired and/or a “substitute ordering device(s)” must be provided at no cost to UWM within seven (7) business days of the service acknowledgement.

The contractor must implement a program of preventative maintenance including batteries if applicable, or replacement of worn, damaged, or malfunctioning equipment.

The contractor is responsible for complete insurance coverage on the order devices, including fire, theft, damage, and extended coverage.

15. Ordering System: The contractor must supply a computer-based remote ordering system that has the following capabilities:

Ability to edit orders and review order summary prior to sending Last order quantity and date assist is shown with inventory management Multiple scan options Fully integrated website including analytics and online ordering Ability to create orders from on-hand inventory counts and PAR values

16. Delivery F.O.B. Destination Prepaid and Allowed: The contractor retains title and control of goods until they are delivered, and the contract of carriage has been completed. The seller selects the carrier and is responsible for the risk of transportation. The seller pays the freight charges. The contractor shall be responsible for unloading products onto the dock or into the store. Tailgate deliveries are not allowed.

17. Delivery Conditions:

17.1. Delivery is to be made in clean, enclosed, and as necessary temperature-controlled trucks, free of foul odors. All products shall be maintained at their proper temperature throughout their staging, loading, transport, and delivery.

Frozen Foods 0 degrees F. or frozen hard Refrigerated Foods 35-40 degrees F.

Grocery and Dry Goods 50-80 degrees F.

Non-compliance will result in refusal of product and replacement at Contractor's expense.

17.2. All vehicles must conform to local, state, and federal rules and regulations regarding sanitation and are subject to inspection by UWM. Vehicles must be in good mechanical order.

17.3. The contractor shall make all deliveries in such a manner that will reduce shifting of cases on the delivery truck and minimizing crushed or damaged cases/products.

17.4. The contractor shall provide any equipment needed to complete the delivery process. Some delivery locations may have “special” delivery considerations that will need to be observed such as no pallets, no loading dock, etc. Delivery personnel will be required to deliver and offload all products to a specific area inside the food service facility or to the store.

17.5. UWM shall return totes within three weeks. If any totes are not returned within that timeframe, UWM will pay a maximum charge per tote of $10.00. The contractor shall pick up empty totes and pallets at each delivery.

18. Delivery Timing: Deliveries are required two (2) business days after receipt of order, (orders placed after 12:00PM CDT will be considered the next day) Monday through Friday to the following locations, all in Milwaukee, WI 53211.

Delivery Location Address Contact Information

Delivery Hours Loading Dock

RESTOR

Sandburg Residence Hall

3400 North Maryland Avenue

Brian Vetter 414-229-2525 bvetter@uwm.edu

Mary Reblin 414-229-6088 reblin@uwm.edu

8:00AM – 11:00AM Yes

RESTOR

Cambridge Commons

2323 N. Cambridge Avenue

Brian Vetter 414-229-2525 bvetter@uwm.edu

Mary Reblin 414-935-6964 reblin@uwm.edu

8:00AM – 11:00AM Yes

UWM Panthershop 2200 East Kenwood Blvd Lucy Balkman 414-229-4146 lucyxu@uwm.edu

8:00 AM – 11:00 AM Yes

Union Station 2200 East Kenwood Blvd Lucy Balkman 414-229-4146 lucyxu@uwm.edu

8:00AM – 11:00AM Yes

Union Cinema 2200 East Kenwood Blvd

Linda Corbin- Pardee 414-229-3111 lcpardee@uwm.edu

8:00AM – 11:00AM Yes

Peck School of the Arts

2419 East Kenwood Blvd Randy Holper 414-229-2445 rgholper@uwm.edu

8:00AM – 11:00AM Yes

UWM reserves the right to add and delete delivery locations to this contract.

Exceptions:

Frozen and refrigerated products may be delivered separately to accommodate special requirements of this product transport, if necessary, but prefer both to be delivered on the same day of the week.

Special orders and pre-bookings (e.g., holiday candy) may also deviate from the delivery schedule.

19. Product Fulfillment: All contracted items must be readily available, to meet the specified delivery requirements. The Contractor is required to notify the ordering department of any back order, discontinuation of item(s), or other shortages or delays in shipping within twenty-four (24) hours of receipt of order.

Product fulfillment of ordered items must be shipped at sufficient inventory levels. “Out of stocks” must not exceed more than 5% of the total product line on a rotating continuous basis throughout the term of the contract. In cases where an ordered item cannot be delivered, a product substitution may be allowed per the requirements in Section

20. If product fulfillment is not achieved, UWM reserves the right to notify the vendor in writing and give the vendor a twenty-one (21) day right to cure. If the vendor is unable to “cure,” UWM reserves the right to cancel the contract and award to the next bidder.

20. Product Substitutions: Product substitutions are not allowed without verbal or written approval from UWM prior to delivery. Substitutions must be made of a quality comparable to or exceeding the contract specifications and are to be provided at the contract price of the original item ordered except when the substituted items are of lessor cost. A substituted item of a lessor cost must be charged at the lessor cost.

mailto:bvetter@uwm.edu mailto:reblin@uwm.edu mailto:bvetter@uwm.edu mailto:lucyxu@uwm.edu mailto:lucyxu@uwm.edu mailto:lcpardee@uwm.edu mailto:rgholper@uwm.edu

21. Receiving/Packing Slips: Packing slips must have the PO number, product name, product code or UPC, and quantity shipped. The packing slip must be verified, signed, and dated by UWM personnel. At the time of delivery, a designated UWM employee will “check in the order” verifying the accuracy of the case count and the quality of the products received. UWM shall report any discrepancies (shortages, overages, damages, and/or products for return or exchange per Section 22. etc.) to the Contractor within two (2) business days. UWM reserves the right to refuse payment on any unsigned packing slip or packing slip signed by unauthorized personnel.

22. Returns/Credit:

The contractor shall accept returns or exchanges without a restocking fee, at full invoiced cost, under the following conditions:

• product shipped in error (overages, shortages, and “items picked in error”)

• product damaged in shipment

• product not in original packaging from manufacturer, faulty, or with compromised packaging upon shipment

• product with concealed damage upon shipment

• product under recall (anytime)

• product that is spoiled upon shipment

• product that does not meet 50% shelf life upon shipment

• product that does not meet quality requirements upon shipment

• product in unsanitary condition upon shipment

• product that exceeds the minimum/maximum required temperature upon shipment

Products that cannot be returned or returned without a fee are holiday, prebooked, and products set by the manufacturer that cannot be returned.

If the items are required to be returned to the contractor, the items must be removed at the contractor’s expense.

UWM reserves the right to dispose of any items that have not been removed within ten (10) business days of written notice and shall not be held liable for any costs for the items.

23. Sales Representative: Contractor must provide a resolute sales representative to UWM. The sales representative must visit UWM upon request a minimum of twice in a fiscal year. UWM reserves the right to request and obtain an alternate Sales Representative within twenty-one (21) business days upon written notification, if it is in UWM’s best interest.

24. Contract Administrator: Contractor must assign an account representative as UWM’s primary contact. Once a contract is established, any changes impacting the day-to-day operations of the UWM departments such as ordering, delivery, etc. must be communicated to Andrew Brandt, brandta@uwm.edu UWM’s contract administrator, at a minimum two (2) weeks in advance.

25. Background Check of Personnel: This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker(s) have no convictions or pending criminal charges that are substantially related to the contracted for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children.

Disqualifying convictions or charges include, but are not limited to, sexual, violent, and drug offenses.

26. Additional Products: UWM reserves the right to purchase any additional similar products from the Contractor’s product line. The contractor shall provide items on the same pricing basis (cost plus mark- up bid per category (Exhibit B). In instances where the pricing discounts do not apply (such as a new category) pricing must be forwarded to the UW-Milwaukee Purchasing Office, Pam Loignon, loignon@uwm.edu for written approval. Prior written approval must be obtained before delivery. Any items that are not in the Contract and that have not met the criteria set forth will not be paid.

27. Promotion Collaboration: The contractor may provide marketing materials, point of purchase materials and periodic promotion and/or demonstration of new products. Additionally, the contractor may participate in the Vendor Fair at UWM, which is held at the start of each school year around the end of August. UWM will provide all tables required for the Fair.

The contractor must supply at a minimum 1,000 give-away items to support and promote their product line.

28. Required Reports: Upon request, the Contractor must provide UWM a list of all items purchased against this contract mailto:brandta@uwm.edu during the requested report period. Reports shall be requested no more than twice per year and must be provided within ten (10) business days of the request. The information shall include, but be limited to the following information:

Date of order/release Item manufacturer’s name or abbreviation (if applicable) Complete item description including catalog, model, and/or stock number(s) identical to those stated in proposal Prices per the Contract Quantities ordered

29. Vendor Agreements/Contracts: UWM will not sign Vendor-supplied agreements/contracts. Agency Purchase Orders along with this document and any amendments to this document, listing all required and necessary items will serve as the only contract document including but not limited to terms submitted on order acknowledgments, invoices and click throughs.

30. Travel Per Diems: In conducting the scope of this Contract, the Contractor shall be required to perform services on UWM property. All the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility.

Payment to the Contractor by the University shall not include an additional amount for this purpose.

31. Insurance: The Contractor shall maintain Standard Insurance levels as required here:http://uwm.edu/risk-management/insurance/certificates-of-insurance/. A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees, and agents as an ‘additional insured’ under the commercial general and automobile liability policies.” The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases

32. Record and Audit: The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract at no cost to UWM. The contractor will be required to provide records within ten (10) days upon written request proving their cost basis as responded to in the bid. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with the federal, State of Wisconsin, and local ordinances.

The Contractor will be given instructions and a spreadsheet detailing the invoice number, date, item, brand, UPC code number and/or part number, product size and pack, quantity shipped, and price billed to UWM. The request will be for copies to be provided of the manufacturer's (supplier's) invoices for applicable items via email.

The audit process may be conducted two (2) times yearly, or as needed if determined that UWM is not being billed in accordance with Contract terms. All records necessary to verify the validity of pricing must be kept by the Vendor for eight (8) months following an audit period. These audits may also include a review of the Vendor's facilities to verify proper product storage.

The Contractor shall retain all applicable documents for a period of not less than five (5) years after the final contract payment is made. UWM reserves the right to inspect any facilities used to support this Contract.

33. Remedies of Audit: The contractor must reimburse UWM for any audit discrepancies in the amount of 1% or higher in the form of vendor credit or a check made payable to UWM within five (5) calendar days, to be determined by UWM’s sole discretion. If it is found that the Contractor has recurring audit discrepancies on a perpetual continuous basis of 10% or higher, UWM reserves the right to terminate the contract upon written notification within five (5) calendar days. The contractor’s costs shall be subject to verification at any time upon request by the UWM Purchasing Office.

34. Entire contract: This contract is awarded based on the criteria established in the RFB, including attachments and any amendments issued. The contract, the RFB, the Bidder’s response, and any written communications incorporated into the contract constitute the entire contract between the parties. The order of priority in interpreting the contract shall be in the order listed.

http://uwm.edu/risk-management/insurance/certificates-of-insurance/ http://uwm.edu/risk-management/insurance/certificates-of-insurance/

For the State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee

Pamela Loignon Printed Name

Signature

Dated:

For the Contractor

Printed Name

Signature

Dated:

Stephanie Farnworth

11/13/2024 | 9:48 AM CST

11/13/2024 | 9:49 AM CST