Executed Red_Bull_Draft_Soda_Contract_.pdf

2024-UWMIL-00625-RFB

Internal Contract P25-001-O29 Bottled and Canned Beverages UW Milwaukee (Not Pouring

Rights) 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:

Red Bull North America Inc.

1630 Stewart St Santa Monica CA 90404

Account Rep/Orders: Brian Furlick, brian.furlick@rbdc.com 414- 514-1693

Billing: Calvin Mccallister, Calvin.mccallister@redbull.com, 720- 519-3519

Repair Contact Information: RBDC Wisconsin 720-519-3519

Contract Administrators (Day to Day Operations):

Andrew Brandt, brandta@uwm.edu

Contract Manager:

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

1. General Description: This is a contract for nationally recognized canned and bottled beverages with vendor supplied equipment. The types of beverages UWM is seeking are soda, new age beverages, energy drinks, water, and juices.

The items sought pursuant to the contract will be sold for resale to include, our Union Station, located in the Student Union and two (2) “Restore” convenience stores.

This contract will be used by our Retail Operations Department predominantly, but must be made available to all UWM departments, to include our outlying location in Waukesha County. In addition, this contract must allow for additional and reduced equipment and locations as requested by UWM. This contract will be used on an as needed basis and must not be construed as a mandatory or exclusivity contract.

2. Contract Exclusions:

2.1. This is not an exclusivity contract. This is an optional contract for UWM and must be considered a mandatory contract. The contract will be used on an as needed basis only.

2.2. This contract does not include fountain beverages and vending. Our current contractor for Pouring Rights is

Pepsi.

3. 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.

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

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

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

DocuSign Envelope ID: C23F359D-7AD8-4F59-B8BD-5EBC9B70C4A2 mailto:brian.furlick@rbdc.com mailto:Calvin.mccallister@redbull.com mailto:brandta@uwm.edu mailto:loignon@uwm.edu

4. Contract Length: The contract will be from July 1, 2024, through June 30, 2025, with four (4) automatic one (1) year renewals unless either party notifies the other in writing at least ninety (90) days in advance of the next renewal period. The terms and conditions of the bid and renewals shall remain the same. The final contract expiration date is June 30, 2029. UWM reserves the right to extend the contract on a month-to-month basis if it is in UWM’s best interest.

5. Pricing and Payment: Contractor does not accept charge cards. Contractor accepts purchase orders with payment terms of net 30.

Contract product pricing see Exhibit B.

Additional Contractor Pricing see Exhibit C

6. Escalation/De-Escalation Clause: Prices shall remain firm for the first year of the contact. There will be a one-time price increase allowed during each additional period. The price change requests must be supported by documented increases in the cost to the contractor which are demonstrated to be industry wide sixty (60) days prior to the expiration date contract term to allow UWM time to accept and extend award or refuse and rebid. Price change requests must go to loignon@uwm.edu. Price increases greater than 3% may be rejected.

Invoices will be paid according to the current price on file at the UWM Purchasing Office at the time of shipment.

7. Authorized Sellers/Compliance: Contractor must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer to sell the requested products. The contractor is responsible for compliance with all federal, state, county and city laws, codes, and regulations in connection with the equipment and services performed under this contract including all relevant health and safety regulations.

8. Product Compliance: Products delivered to UWM must be guaranteed to comply with all Federal Pure Food Laws, 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. The quality indicated by the brand name and specifications is the minimum acceptable quality for the product desired.

9. 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.

10. Ordering: The method of ordering will be determined by location. Some locations may choose to order on their own and or ordering may be the full responsibility of the Contractor. Upon contract execution the departments will determine the ordering methodology. Contractors must provide a designated Sales Representative, hereafter “Sales Rep,” for the UWM account.

The contractor must not have an order minimum greater than one selling unit. There is no order minimum.

There shall be no extra charge to UWM for any delivery made directly to an operation, no matter what the case count or dollar value of the order. UWM will exercise reasonable judgment when placing small orders and will make every attempt to place correct orders each time.

11. Sales Rep Ordering: The Sales Rep,” must visit the UWM departments a minimum of once a week. The Sales Rep must check in with an UWM designated employee, access and analyze current inventory levels, rotate “backroom” stock, order and maintain a wide product assortment at sufficient inventory levels, and process credits (Section 19).

12. Out of Stocks / Substitutions: Product substitutions are not allowed without prior 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.

13. Delivery FOB Destination Freight Prepaid and Allowed: Seller retains title and control of goods until they are delivered, and the contract of carriage has been completed. The seller selects the carrier, is responsible for the risk of transportation through delivery, and pays freight.

14. Product shall be delivered within four (4) business days upon orders placed on or before 11:00AM CST. Orders placed after 11:00AM CST will be considered the next day.

Delivery will be accepted Monday through Friday, between the hours of 7:00AM and 2:30 PM, to the following locations, all in Milwaukee, WI 53211.

Union dock: 2200 East Kenwood Boulevard Sandburg dock: 3400 North Maryland Avenue Cambridge: 2323 N. Cambridge Avenue Riverview: 2340 N Commerce Street

UWM reserves the right to add or delete delivery locations.

15. Delivery Vehicles / Conditions: All vehicles must conform to local, State, and federal rules and regulations regarding sanitation and are subject to inspection by UWM.

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.

16. Delivery Procedure: Delivery personnel must be identifiable by a clearly visible company issued ID name badge, preferably with current photo. It is preferred that delivery personnel also wear a company issued uniform. The contractor shall be responsible for unloading the products onto the dock or into the service location. Tailgate deliveries are not allowed.

At the time of delivery, the Contractor shall provide a separate itemized packing slip or invoice for each order.

UWM shall record the counts of the product delivered against the packing slip or invoice and report any receiving discrepancies to the Contractor verbally followed by an email confirmation within forty-eight (48) business hours of any shortages, overages, and/or defective or unacceptable product. UWM will only be responsible for what product is received as an acceptable product and will pay accordingly. Overages will be accepted or rejected at the discretion of UWM. UWM will not be responsible for any additional costs.

Delivered products must be for the awarded product only. The contractor may not informally change products. (See Out of Stocks/Substitutions Section 12).

17. Date Coding:

Full sugar 2-year postproduction Sugar free >1 year postproduction

18. Product Returns: 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”) Damaged product including product not in original packaging from manufacturer, faulty, or with compromised packaging upon shipment Product under recall (anytime) Receipt of product must be at a minimum 90 days prior to the expiration date noted on packaging, if applicable and/or within an acceptable period after the manufacturer’s pack date, according to proper industry standards.

Product that is spoiled or expired upon shipment including previously delivered goods 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

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 (10) business days of written notice and shall not be held liable for any costs for the items.

19. Return and Credit Procedure for Sales Rep Ordering Locations: Credited product shall be pulled from the sales floor by the Sales Rep to a UWM designated area. Credit shall be issued and approved by the UWM designated employee before any product is removed from the premises. It is preferred that credits and returns occur upon delivery of orders.

The contractor must provide a credit memorandum within twenty-four (24) hours upon pick up of goods or if not picked up, within forty-eight (48) hours of notification, or a mutually acceptable alternative.

20. Return and Credit Procedure for UWM Ordering Locations: The contractor must provide a credit memorandum within forty-eight (48) hours upon goods that are picked up or UWM has been instructed to destroy, or a mutually acceptable alternative.

21. Vendor Product Fulfillment: All contracted items should be readily available to meet the specified delivery requirements. “Out of stocks,” or “short ships,” must not exceed more than 5% of the total product ordered on a rotating six (6) month continuous basis throughout the term of the contract. Noncompliance with the delivery requirements may lead to contract cancellation.

22. Furnishing of Equipment: The contractor shall furnish, install, (if necessary), and maintain in good operating condition and appearance, coolers, and equipment for the contractor’s products for resale.

22.1. All equipment to be furnished by the successful Contractor must be approved by the UWM.

22.2. UWM may approve the furnishing of equipment to reduce equipment space requirements, facilitate service, or improve the quality of the furnished beverage.

22.3. All equipment must be NSF and UL approved. When available, equipment should be Energy Star compliant.

22.4. Equipment must comply with all federal, state, and local laws, fire and life safety codes, and regulations, including USDA regulations, as applicable.

22.5. UWM reserves the right to require the Contractor to install additional equipment should circumstances or volume of business warrant. The installation of additional equipment shall be as specified within thirty (30) days after receipt of a written request at no additional charge to UWM.

22.6. When new upgraded products, systems or equipment become available, UWM reserves the right to request installation of the new upgraded items.

23. Service of Equipment:

23.1. Equipment will remain the property of the Contractor and will be the Contractor's responsibility to provide all maintenance, repair, or replace equipment as required.

23.2. Shall furnish all mechanical services necessary to keep the equipment in a satisfactory working condition at no expense to UWM.

23.3. Shall provide a phone number, fax, and/or email for repairs to UWM. UWM strongly prefers that this information can be found on the machines if space allows. The contractor shall respond within twenty-four (24) business hours via phone or email acknowledgement of the service call. Coolers must be repaired and/or a “substitute temporary cooler(s)” must be provided at no cost to UWM within seven (7) business days of the service acknowledgement.

23.4. The Contractor's service technician shall conduct equipment inspections and calibrations periodically to maintain a preventative maintenance program. A copy of the inspection reports shall be furnished to the University's representative upon request.

23.5. The Contractor shall furnish at no cost to the UWM all replacement parts, including labor for replacement

24. Contract Administrator: Contractor must assign a dedicated 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. Sales Representative: Contractor must assign a dedicated account representative to this account. 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.

26. UWM Management: UWM Management for the purposes of this contract are listed below. UWM Management will have full authority to delegate and name UWM designated employees to have UWM Management signature authority based on the best needs of the departments.

Student Union: Lucy Balkman, 414-229-5833, lucyxu@uwm.edu.

Sandburg, Cambridge, Riverview, and Northwest Quadrant: Brian Vetter, 414 229-7276, bvetter@uwm.edu.

27. Reports to UWM: The contractor must provide upon request on a yearly basis to purchasing agent Pam Loignon at loignon@uwm.edu all items/services purchased against this contract during the designated report period including, but not limited to:

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 mailto:loignon@uwm.edu

28. Additional Products: UWM reserves the right to purchase or add all relevant products, services, equipment listed on the Contractor’s full product list as well as any additional products related items in the Contractor’s product line. Like items in the Contractor’s product line that are not provided for in the Bid Response shall be sold to UWM at the same contract prices (or pricing basis) as like items. Instances where the pricing structure may not be clear, i.e. a new flavor of an existing brand that does not follow the same cost structure, or a new size bottle, or a new unique product, the Contractor must provide written documentation justifying the cost and obtain prior written approval at least ten (10) days prior to delivery from Purchasing Agent Pam Loignon, loignon@uwm.edu. Invoices will be paid according to the most current price list on file.

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.

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. Pouring Rights Shall Take Precedence: If the contractor is also awarded the Pouring Rights Contract during the term of this contract, then the Pouring Rights Contract shall supersede, replace, and take precedence over the Canned and Bottled Soda Contract.

32. 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

33. 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:

Alex Rosengren

6/18/2024 | 9:35 AM PDT

6/18/2024 | 11:35 AM CDT

Product Name Size Product Name if Bidding an Alternate Size if bidding alternate Price for 1 each (Use individual price, NOT case)

Red Bull Energy 4pk 8.4oz Red Bull Energy Drink (Assortment - ED, SF, + 9

Editions 8.4 oz 1.48$

Red Bull 12pk 20oz Red Bull Energy Drink 4pk (Assortment- ED + SF) 8.4 oz 5.92$

Red Bull Energy 12oz Red Bull Energy Drink (Assortment- ED, SF + 9

Editions ) 12 oz 2.01$

Red Bull Energy 16oz Red Bull Energy Drink (Assortment - ED & SF) 16 oz 2.51$

Red Bull Bluebry 4pk 8.4oz

Red Bull Energy 4pk 12oz

Red Bull S.F. 4pk 8.4oz

Red Bull Cranbry 4pk 8.4oz

Red Bull Zero 4pk 8.4oz

Red Bull S.F. 12pk 20oz

Red Bull S.F. 12oz

Red Bull Zero 12oz

Red Bull S.F. 4pk 12oz

Red Bull Energy 8.4oz

Red Bull S.F. 8.4oz

11.92$

Exhibit B: Cost Sheet

Directions: Bid on as many products as you can. You do not have to bid each item to be considered responsive. However, it may be in your best interest to bid on as many items as you can, as UWM reserves the right to award by groupings of items.

If bidding named product: Fill out the price for a single unit (can, bottle etc.) for each item you care to bid in Column E, which is highlighted in "blue".

If bidding alternate product: Fill out Columns C and D which are highlighted in "green". Fill out the price for a single unit (can, bottle etc.) for each item you care to bid in Column E, which is highlighted in "blue".

You bid cost must be fully inclusive of all costs to UWM. UWM will not pay any additional costs that what is bid below.

Subtotal

Category or Item Description Item Name Container Type (bottle, can, bib) Container Size (in ounces or gallons) Case Count Unit Pricing Energy Drink Red Bull Energy Drink (Original) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Energy Drink (Original) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Energy Drink (Original) Can 16 oz 12pk/Single Serve $2.51 Energy Drink Red Bull Energy Drink (Original) Can 20 oz 12pk/Single Serve $3.10 Energy Drink Red Bull Sugarfree (Low-Calorie/Sugar-Free option) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Sugarfree (Low-Calorie/Sugar-Free option) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Sugarfree (Low-Calorie/Sugar-Free option) Can 16 oz 12pk/Single Serve $2.51 Energy Drink Red Bull Sugarfree (Low-Calorie/Sugar-Free option) Can 20 oz 12pk/Single Serve $3.10 Energy Drink Red Bull Total Zero (Low-Calorie/Sugar-Free option) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Total Zero (Low-Calorie/Sugar-Free option) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Amber Edition (Strawberry Apricot) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Amber Edition (Strawberry Apricot) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Blue Edition (Blueberry) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Blue Edition (Blueberry) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Green Edition (Dragonfruit) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Green Edition (Dragonfruit) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Coconut Edition (Coconut Berry) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Coconut Edition (Coconut Berry) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Sea Blue Edition (Juneberry) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Sea Blue Edition (Juneberry) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Peach Edition (Peach-Nectarine) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Peach Edition (Peach-Nectarine) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Red Edition (Watermelon) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Red Edition (Watermelon) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Yellow Edition (Tropical) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Yellow Edition (Tropical) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Summer Edition (Seasonal Rotating Flavor) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Summer Edition (Seasonal Rotating Flavor) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Winter Edition (Seasonal Rotating Flavor) Can 8.4 oz 24pk/Single Serve $1.48 Energy Drink Red Bull Winter Edition (Seasonal Rotating Flavor) Can 12 oz 24pk/Single Serve $2.01 Energy Drink Red Bull Energy Drink Can 8.4 oz 6 x 4 Packs (4 Cans) $5.92 Energy Drink Red Bull Sugarfree Can 8.4 oz 6 x 4 Packs (4 Cans) $5.92