Purchasing Department s1

MANATEE COMMUNITY COLLEGE REQUEST FOR PROPOSAL RFP 2009-4 MCC Bookstore 04/03/2009

To: All Submitters

From: Tony Radomski, Coordinator of Procurement

You are invited to submit a sealed Request for Proposal subject to the terms, conditions, and specifications contained herein and are hereby made part of this request.

All proposals must be executed and submitted in a sealed envelope. Faxed proposals will not be accepted. The face of the envelope shall contain the RFP number [RFP2009-4], the proposal name [MCC Bookstore], the company name, and delivered to:

Timothy Langenback Manatee Community College Building 7, Room 141 5840 26th Street West Bradenton, Florida 34207

All proposals must be received in the Purchasing Department no later than 3:00 PM, Friday, April 24, 2009 Proposals will be opened publicly at that time. Proposals received after this date and time will be rejected. Proposals will not be evaluated at this time. The evaluation date and time is noted in the RFP document.

With the consent and agreement of the successful proposer, purchases may be made under this RFP by other community colleges, state universities, district school boards, and by other Florida public entities. Such purchases shall be governed by the same terms and conditions stated in the proposal solicitation as provided in State Board of Education Rule 6A-14.0734 (2) (d).

Proposers shall note exceptions to the above paragraph, if any.

In order to insure uniformity, all proposals must be submitted on the enclosed forms or exact photo copies and signed by an authorized representative of the company submitting the proposal. Proposals not submitted in accordance with the terms, conditions, specifications, and other instructions contained herein may be subject to rejection.

Direct all inquiries regarding this Request for Proposal to Timothy Langenback, Director of Business Services, in writing, by e-mail: [email protected], or to the address shown above.

All inquiries, with responses, will be made available to all proposers on an equal basis without prejudice. Proposal Submittal Form

Purchasing Department Manatee Community College 5840 26th Street West Bradenton, Fl 34207 941-752-5356

This is to certify that I (authorized representative) have read and understood the terms, conditions, specifications and other instructions contained in this Request, and further, that the items of materials and/or services rendered do meet minimum specifications set forth in this Invitation.

I further certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or persons submitting a proposal for the same materials, supplies, or equipment and is in all respect fair and without collusion or fraud. I agree to abide by all conditions of this request and certify that I am authorized to sign this proposal for the bidder.

RFP 2009-4 MCC Bookstore

Vendor Name

Bidding As Corporation Individual Other (explain)

Address

City State Zip Code

Telephone Fax

E-Mail

Representative Title

Signature

2 GENERAL CONDITIONS To insure acceptance of the bid, follow these instructions:

SEALED PROPOSALS: All proposal sheets and forms must be DEFINITIONS: [College] refers to Manatee Community College. executed and submitted in a sealed envelope. Do not include more [Proposer] refers to the dealer, manufacturer, contractor, or business than one proposal per envelope. Proposals not submitted on the organization submitting a proposal to the College in response to this attached form shall be rejected. All proposals are subject to the request for proposal. [Vendor] refers to the dealer, manufacturer, conditions specified herein. Those which do not comply with these contractor, or business organization that will be awarded a contract conditions are subject to rejection. It is the sole responsibility of the pursuant to the terms, conditions and quotations of the proposal. proposer to deliver the proposal to the address contained herein on, or [Proposer] and [Vendor] will be used interchangeably. [Proposer] and before, the closing hour and date indicated. MCC Purchasing will not [Bidder] may be used interchangeably throughout this document. be responsible for the inadvertent opening of a proposal not properly [Proposal] and [Bid] may be used interchangeably throughout this sealed, addressed or identified. document. EXECUTION OF PROPOSAL: Proposals must contain a manual PROPOSAL OPENING: Shall be public, at the address indicated on signature of an authorized representative in the space provided on the the RFP document, on the date and at the time specified on the proposal submittal form. Proposal must be typed or printed in ink. No proposal form. Proposals will not be evaluated at the time of opening. erasures are permitted. If a correction is necessary, draw a single line The proposal opening is to determine the vendor pool only. It is the through the entered figure and enter the correct figure above it. proposer’s responsibility to assure that the proposal is delivered at the Corrections must be initialed by the person signing the proposal. Any proper time and place of the opening. Proposals received after the illegible entries, pencil proposals or corrections not initialed will not be date and time will be retained, unopened, for the record. Proposals by tabulated. fax or telephone will not be accepted. EVALUATION OF PROPOSALS: The evaluation committee intends to recommend to the Manatee Community College Board of NO BID: If not submitting a proposal, respond by returning the Trustees to authorize College administration to award a contract proposal submission form, marking it "NO BID", and explain the with the proposer, or proposers, scoring the overall highest reason. evaluation points. AWARDS: As the best interest of the College may require, the right is reserved to make award(s) by individual item, group of items, all or COSTS: The College is not liable for any costs incurred by a proposer none or a combination thereof; to reject any and all proposals or waive in responding to this RFP, including those for presentations, when any minor irregularity or technicality in proposals received. The applicable. College also reserves the right to make awards to one, or more, vendors based upon the recommendations of the evaluation committee. TAXES: The College does not pay sales taxes on direct purchases of tangible personal property. Do not include these items on invoices. PRICES, TERMS and PAYMENT: Firm prices shall be quoted, typed See exemption number on face of purchase order. Exemption does or printed in ink, and includes all packaging, handling, shipping not apply to purchases of tangible personal property made by charges and delivery to the destination shown herein. contractors who use the tangible personal property in the performance of contracts for the improvement of state owned real property as defined in Chapter 192 F.S. DISCOUNTS: Proposers are encouraged to reflect cash discounts in MISTAKES: Proposers are expected to examine the specifications, unit prices quoted. Proposers may offer a cash discount for prompt delivery schedule, proposal prices, extensions, and all instructions payment; however, discounts for less than 30 days will not be pertaining to supplies and services. Failure to do so will be at considered in determining the lowest net cost for proposal evaluation the proposer’s risk. In case of mistake in extension, the unit price will purposes. Discount time will be computed from the date of govern. satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. CONDITION AND PACKAGING: It is understood and agreed that any CLARIFICATION/CORRECTION OF BID ENTRY: The College item offered or shipped as a result of this proposal shall be the new, reserves the right to allow for the clarification of questionable entries current model in production available at the time of this proposal. All and for the correction of obvious mistakes. containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. SAFETY STANDARDS: Unless otherwise stipulated in the proposal, UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in all manufactured items and fabricated assemblies shall comply with the proposal, all manufactured items and fabricated assemblies shall applicable requirements of Occupational Safety and Health Act and carry U.L. approval and reexamination listing where such has been any standards there under. Failure to comply with the condition will be established. considered as a breach of contract. PAYMENT: Payment will be made by the College after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. All invoices shall bear the purchase order number. Payment for partial shipments shall not be made unless specified in FREIGHT TERMS: All goods will be delivered F.O.B. Manatee the proposal. An original and two copies of the invoice shall be Community College, 5840 26th Street West, Bradenton, Florida 34207 submitted. Failure to follow these instructions may result in a delay in processing invoices for payment. In addition, the purchase order number must appear on bills of lading, packages, cases, delivery lists and correspondence.

3 GENERAL CONDITIONS

INTERPRETATIONS: Any questions concerning conditions and DELIVERY: Unless actual date of delivery is Specified (or if specified specifications shall be directed in writing to Manatee Community delivery cannot be met), show number of days required to make College Purchasing office for receipt no later than ten (10) days prior delivery after receipt of purchase order. Delivery time may become a to the RFP opening. Inquiries must reference the date of RFP opening basis for making an award. Delivery shall be within the normal working and RFP number. Failure to comply with this condition will result in hours of the user, Monday through Friday, unless otherwise proposer waiving his right to dispute the RFP conditions and specified. specifications. CONFLICT OF INTEREST: The award hereunder is subject to the MANUFACTURERS' NAMES AND APPROVED EQUIVALENTS: provisions of Chapter 112, Florida Statutes. All proposers must Any manufacturers' names, information and/or catalog numbers listed disclose with their proposal the name of any officer, director, or agent in a specification are for information and not intended to limit who is also an employee of Manatee Community College. Further, all competition. The proposer may offer any brand for which he is an proposers must disclose the name of any employee who owns, authorized representative, which meets or exceeds the specification directly or indirectly, an interest in the proposer’s firm or any of its for any items(s). If proposals are based on equivalent products, branches. The proposer shall not compensate, in any manner, indicate on the proposal form the manufacturer's name and number. directly or indirectly, any officer, agent, or employee of the College for Proposer shall submit with his proposal, cuts, sketches, descriptive any act or service that he/she may do, or perform for, or on behalf of literature, and complete specifications. The bidder shall also explain in any officer, agent or employee of the proposer. No officer, agent, or detail the reason(s) why the proposed equivalent will meet the employee of the College shall have any interest, directly or indirectly, specifications and not be considered an exception thereto. Reference in any contract or purchase made, or authorized to be made by to literature submitted with a previous bid will not satisfy this provision. anyone for, or on behalf of the College. The proposer shall have no Proposals that do not comply with these requirements are subject to interest and shall not acquire any interest that shall conflict in any rejection. Proposals lacking any written indication of intent to quote manner or degree with the performance of the services required under an alternate brand will be received and considered in complete this RFP. compliance with the specifications as listed on the proposal form. PURCHASES BY OTHER ENTITIES: With the consent and ADDITIONAL QUANTITIES: The College reserves the right to agreement of the successful bidder(s), purchases may be made under acquire additional quantities at the prices quoted in this invitation. If this bid by other community colleges, state universities, district school additional quantities are not acceptable, the proposal sheets must boards, political subdivisions, or state agencies with the State of note: For Specified Quantity Only. Florida. Such purchases shall be governed by the same terms and conditions stated in the bid/proposal solicitation as provided in State Board of Education Rule 6A-14.0734(2)(d). SAMPLES: Samples of items, when required, must be furnished free of expense, on or before RFP opening time and date, and if not destroyed by testing may, upon request, be returned at the proposer’s SERVICE AND WARRANTY: Unless otherwise specified, the expense. Each individual sample must be labeled with the proposer’s proposer shall define any warranty service and replacements that will name, manufacturer's brand name and number, RFP number and be provided during and subsequent to performance of this contract. item reference. Request for return of samples shall be accompanied Proposers must explain on an attached sheet to what extent warranty by instructions which include shipping authorization and name of and service facilities are provided carrier and must be received with your proposal. If return instructions are not received with the proposal, the commodities shall be disposed of by the College. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications by appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in INSPECTION, ACCEPTANCE AND TITLE: Inspection and accordance with Chapter 119, Florida Statutes. Items delivered not acceptance will be at destination unless otherwise provided. Title and conforming to specifications may be rejected and returned at vendor's risk of loss or damage to all items shall be the responsibility of the expense. These items and items not delivered as per delivery date in contract supplier until accepted by the ordering agency, unless loss or RFP and/or purchase order may result in proposer being found in damage results from negligence by the ordering agency. default in which event any and all procurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in the supplier's name being removed from the vendor mailing list. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, GOVERNMENTAL RESTRICTIONS: In the event any governmental county and local laws, and of all ordinances, rules, and regulations restrictions may be imposed that necessitate alteration of material, shall govern development submittal and evaluation of all proposals quality, workmanship or performance of the items offered on this received in response hereto and shall govern any and all claims and proposal prior to their delivery, it shall be the responsibility of the disputes which may arise between person(s) submitting a RFP successful proposer to notify the College at once, indicating in his response hereto and the College by and through its officers, letter the specific regulation which required an alteration. The College employees and authorized representatives, or any other person, reserves the right to accept any such alteration, including any price natural or otherwise; and lack of knowledge by any bidder shall not adjustments occasioned thereby, or to cancel the contract at no constitute a cognizable defense against the legal effect thereof. expense to the College. DISPUTES: In case of any doubt or difference of opinion as to the ADVERTISING: In submitting a proposal, proposer agrees not to use specifications, equivalent products, or items to be furnished here the results there from as a part of any commercial advertising. under, the decision of the College shall be final and binding on both parties.

4 GENERAL CONDITIONS

PATENTS AND ROYALTIES: The proposer, without exception, shall PROTEST: “Failure to file a protest within the time prescribed in S. indemnify and save harmless the College and its employees from 120.57(3), Florida Statutes, or failure to post the bond or other security liability of any nature or kind, including cost and expenses for or on required by law within the time allowed for filing a bond shall constitute account of any copyrighted, patented, or unpatented invention, a waiver of proceedings under Chapter 120, Florida Statutes.” All process, or article manufactured or used in the performance of the protests must be delivered to the Director of Business Services and contract, including its use by the College. If the proposer uses any Public Safety, Bldg. 7, Rm. 142, 5840 26th Street West, Bradenton design, device, or materials covered by letters, patent or copyright, it is FL. 34207 within the time prescribed in Chapter 120, Florida Statutes mutually agreed and understood without exception that the quoted to be considered valid. prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP CONSORTIUM PURCHASE: When an RFP is issued on behalf of a invitation and the moneys which may become due hereunder are not consortium, prices shall be F.O.B., Ordering Institution address. assignable except with the prior written approval of the College. Invoices shall be delivered to the Institution placing the order unless otherwise stated. LIABILITY: The supplier shall hold and save the College, its officers, STATE LICENSING REQUIREMENT: All entities defined under agents and employees harmless from liability of any kind in the Chapters 607, 617 or 620, Florida Statutes, seeking to do business performance of this contract. with the College shall be on file and in good standing with the State Of Florida’s Department of State. PUBLIC ENTITY CRIME INFORMATION STATEMENT: All RETENTION OF RECORDS: Contractor agrees to retain all client invitations to bid as defined by Section 287.012(11), Florida records, financial records, supporting documents, statistical records, Statutes, requests for proposals as defined by Section 287.012(16), and any other documents (including electronic storage media) Florida Statutes, and any contract document described by Section pertaining to any contract resulting from this RFP for a period of five 287.058, Florida Statutes, shall contain a statement informing persons (5) years. Copies of all records shall me made available to the College of the provisions of paragraph (2)(a) of Section 287.133, Florida upon request. All invoices and documentation must be clear and Statutes, which reads as follows: “A person or affiliate who has been legible for audit purposes. Documents must be retained by contractor placed on the convicted vendor list following a conviction for a public within the State of Florida at an address to be provided, in writing, to entity crime may not submit a bid on a contract to provide any goods the College within 30 days of the contract execution. Any records not or services to a public entity, may not submit a bid on a contract with a available at the time of an audit will be deemed unavailable for audit public entity for the construction or repair of a public building or public purposes. The contractor will cooperate with the College to facilitate work, may not submit bids on leases of real property to a public entity, the duplication and transfer of any said records or documents during may not be awarded or perform work as a contractor, supplier, the required retention period. The contractor shall inform the College subcontractor, or consultant under a contract with any public entity, of the location of all records pertaining to the contract resulting from and may not transact business with any public entity in excess of the this RFP and shall notify the College by certified mail within ten (10) threshold amount provided in Section 287.017, for Category Two for a days if/when the records have been moved to a new location. period of 36 months from the date of being placed on the convicted vendor list.” AUDIT RECORDS: The contractor agrees to maintain books, records, PUBLIC RECORD LAW: Any material submitted in response to this and documents (including electronic storage media) in accordance RFP will become a public document pursuant to Section 119.07, F.S. with generally accepted accounting procedures and practices which This includes material which the responding proposer might consider sufficiently and properly reflect all revenues and expenditure of funds to be confidential or a trade secret. Any claim of confidentiality is provided by the College under any contract resulting from the RFP, waived upon submission, effective after opening pursuant to Section and agrees to provide a financial and compliance audit to the College 119.07. Contractor’s refusal to comply with this provision shall or to the Office of the Auditor General and to ensure that all related constitute sufficient cause for termination of the contract resulting party transactions are disclosed to the auditor. The contractor agrees from this RFP. to include all record keeping requirements on all subcontracts and assignments related to the contract resulting from this RFP. ANTI-DISCRIMINATION CLAUSE: The non-discrimination clause AMERICANS WITH DISABILITIES ACT: The contractor shall comply contained in Section 202, Executive Order 11246, as amended by with the Americans with Disabilities Act. In the event of the contractor’s Executive Order 11375, relative to Equal Employment Opportunity for non-compliance with the non-discrimination clauses of the Americans all persons without regard to race, color, religion, sex or national with Disabilities Act, or with any other such rules, regulations or origin, and the implementing rules and regulations provided by the orders, any contract resulting from this RFP may be cancelled, Secretary of Labor are incorporated herein. terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts. DISCRIMINATORY VENDOR’S LIST: Any entity or affiliate who has been placed on the Discriminatory Vendors List may not submit a UNAUTHORIZED EMPLOYMENT OF ALIEN WORKERS: The proposal to provide goods or services to a public entity, may not be College does not intend to award publicly funded contracts to those awarded a contract or perform work as a contractor, supplier, entities or affiliates who knowingly employ unauthorized alien workers, subcontractor, or consultant under contract with any public entity and constituting a violation of the employment provisions as determined may not transact business with any public entity. pursuant to Section 274A of the Immigration and Nationality Act.

5 OTHER REQUIRMENTS AND CONDITIONS

When performing a service, construction work or any type of installation is required on College property, the successful vendor Is required to supply a Certificate of Insurance evidencing coverage during the period the vendor is providing services per the following:

1. Workers compensation and employee's liability in accordance with the laws of the State of Florida.

2. Bodily injury liability, minimum of $1,000,000 per person and $1,000,000 per accident.

3. Property damage liability, minimum of $1,000,000 per INSURANCE REQUIREMENTS occurrence and $2,000,000 aggregate.

4. Umbrella liability with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate.

5. Contingent coverage for sub-contractors for liability at the site. The bidder must list any sub-contractor that will perform work under this bid.

The Certificate of Insurance must be provided to the College prior to the commencement of any work.

A submitted proposal may be withdrawn by submitting a written request for its PROPOSED RULES FOR WITHDRAWL withdrawal to the College, signed by the proposer/contractor, prior to the bid opening date. The College may reject any and all proposals not meeting mandatory responsiveness requirements, which include terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. These responsiveness REJECTION OF PROPOSALS requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of the proposal. In addition, the College may reject any or all proposals containing material deviations. Any bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed. The proposer may examine this RFP to determine if the College's requirements PROPOSAL INQUIRIES are clearly stated. If there are any requirements that restrict competition, the proposer may request, in writing, to the College that the specifications be changed. The proposer that requests changes to the College's specifications must identify and describe the proposer’s difficulty in meeting the specifications, must provide detailed justification for a change, and must recommend changes to the specifications. Requests for changes to this RFP must be received within 72 hours of receipt of the RFP documents. Proposer’s failure to request changes shall be considered to constitute proposer’s acceptance of the specifications. The College shall determine what changes to this RFP shall be acceptable to the College. If required, the College shall issue an addendum reflecting the acceptable changes to this RFP, which shall be sent to all proposers in order that all proposers shall be given the opportunity of proposing to the same specifications.

ADDENDA All addenda to this RFP will be posted to the MCC Purchasing web page containing the original solicitation. http://www.mccfl.edu/pages/3217.asp

Any discussion by the proposer with any employee or authorized representative of PRE-DECISION DISCUSSIONS the College involving proposal information occurring after the proposals are opened and prior to the posting of the recommended award will result in the rejection of that proposal. No negotiations, decisions, or actions shall be initiated or executed by the proposer as a result of any discussions with any College employee. Only those communications that are in writing from the College's Purchasing staff identified in VERBAL INSTRUCTIONS this RFP shall be considered a duly authorized expression on behalf of the College. Only communications from the proposer's representative that are in writing and signed will be recognized by the College as duly authorized expressions on behalf of the proposer. POSTING OF RECOMMENDED AWARD The recommended award may be reviewed on the MCC web page http://www.mccfl.edu/pages/3217.asp.

6 OTHER REQUIRMENTS AND CONDITIONS

The Contract resulting from this RFP may be terminated by either party upon no less than sixty (60) calendar days' notice, without cause, unless a lesser time is TERMINATION AT WILL mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. The obligations of the College under this award are subject to the availability of AVAILABILITY OF FUNDS funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida.

TRAVEL EXPENSES The College shall not be responsible for the payment of any travel expense for the Contractor which occurs as a result of the Contract resulting from this RFP. The proposer is fully responsible for all work performed under the Contract resulting from this RFP. The proposer may, upon receiving prior written consent from the College's Purchasing Director, enter into written subcontract(s) for performance of certain of its functions under the Contract. No subcontract, which SUBCONTRACTORS the proposer enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the proposer of any responsibility for the performance of its duties, including any and all liabilities that may arise out of the subcontractor's work related to the project. All payments to subcontractors shall be made by the proposer. Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under the Contract resulting from this RFP or interruption of FORCE MAJEURE performance resulting directly or indirectly from acts of God, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes. In the event the successful proposer desires to substitute any key personnel SUBSTITUTION OF KEY PERSONNEL submitted with his/her proposal, either permanently or temporarily, the College shall have the right to approve or disapprove the desired personnel change in advance in writing. The invalidity or unenforceability of any particular provision of the Contract resulting from this RFP shall not affect the other provisions hereof and the SEVERABILITY Contract resulting from this RFP shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes of the Contract resulting from this RFP can still be determined and effectuated.

Any Contract resulting from this RFP is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in GOVERNING LAW AND VENUE accordance with the laws, rules and regulations of the State of Florida. Any action hereon or in connection herewith shall be brought in Manatee County, Florida.

Proposers must include a copy of their standard contract with their submissions. If proposers do not have a standard contract, The College will provide a contract SAMPLE CONTRACT subject to the terms and conditions of this RFP. Proposers are encouraged to alter their contracts to conform to the terms of the RFP.

All meetings to judge and/or evaluate this solicitation or to make recommendations for award are held in strict compliance with Florida Statutes as they pertain to PUBLIC MEETING NOTIFICATION Florida in the Sunshine regulations. All meetings are fully open to all proposers as well as the public at-large.

BLANK Intentionally left blank.

7 Proposer's Checklist

Please use this checklist as an aid to help you ensure that your proposal is complete

Did you attach information that effectively answers the qualification criteria of this document?

Did you attach proof of insurance as requested?

Did you complete, sign and attach the Proposal Submittal Form?

Did you submit 8 copies of your proposal?

Did you write the RFP number, RFP name and your company name on the mailing package?

Did you send the package, in time, to make it to its destination on time?

If you do not wish to make a proposal, but wish to stay on our vendor list for these services, you only need to return the Proposal Submittal Form. Please indicate a reason for not proposing as indicated.

The completed proposal must be received at the Purchasing office no later than 3:00 p.m. on Friday, April 24, 2009

8 RFP 2009-4 MCC Bookstore

TABLE OF CONTENTS

I. Purpose 10 II. Background 10 A. Institutional History 10 B. Enrollment Data and Projections 10 C. Description of Present Bookstore Facility 10 D. Renovation / Relocation Plans 10 E. Bookstore Sales Figures 10 F. Bookstore Operating Systems 10 G. Employee Information 10 III. General Information and Requirements 11 A. Program Objectives 11 B. Scope of Work 11 C. Term 11 D. Requirements of a Proposal 11 E. Proposal Preparation and Submission 13 F. Award 14 G. Schedule 15 IV. Specific Requirements 15 A. Financial Requirements and Administration 16 B. Specific Operating Requirements 17 C. Services to be Provided by the Bookstore Operation 17 D. Facilities and Equipment 20 E. Personnel 21 F. Purchase of Merchandise and Equipment 22 G. Laws and Regulations 22 V. Accounting, Records, Reports, and Methods of Payment 24 VI. Contract Terms, Renewals, Extensions, Cancellations, Termination, Requirements, 24 Additions and Assignment VII. Miscellaneous 25 Appendices 26

9 I. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from experienced firms in order to establish a contract through competitive negotiation for providing Bookstore Management Services for students, faculty and staff of Manatee Community College, hereinafter referred to as the “College’

II. BACKGROUND

A. Manatee Community College is an accredited 2-year institution serving both Manatee County and Sarasota County in southwest Florida. The College has just celebrated its 50th anniversary as one of the 28 Florida community colleges. Manatee Community College has operated its own bookstore for over fifty (50) years at the Bradenton Campus. Approximately twenty-one years ago, the College implemented a separate bookstore at its Venice campus. The Lancer Bookstore is recognized as a leader in customer satisfaction and product creativity.

The College has just been awarded status as a 4-year institution by the Florida Department of Education. As such, the College will begin offering Bachelors of Nursing Degrees beginning January 2010. Approximately 175 new students will be enrolled in the new 4-year program. Other 4-year programs are under development which will afford students various degree paths.

B. Enrollment has grown dramatically at the College over the past ten years. In 1998, Manatee Community College credit students numbered 7,219 and in 2008 this figure increased to over 10,000 students. Economic conditions have spurred an even greater increase in the growth of the College’s student body. Coupled with the expected enrollment in the new 4-year BSN program, enrollment should surpass 11,000 students soon.

C. Currently, the College operates two (2) Lancer Bookstores; one at the Bradenton Campus and one at the Venice Campus. The Bradenton Bookstore has 3,172 sq. ft. of sales space, 533 sq. ft. of office space and 1,198 sq. ft. of storage space. The Venice Lancer Bookstore has 1,254 sq. ft. of sales space, 220 sq. ft. of office space and 198 sq. ft. of storage space.

D. The College has fully renovated both its Bradenton Lancer Bookstore and its Venice Lancer Bookstore in the past three years. Specialized shelving / display cabinets were installed giving maximum efficient utilization of the space provided. Floors, walls, lighting and window treatments were also updated.

E. Please see attachment “A” for a breakdown of the past three (3) year revenue and expense illustrations.

F. The following is a breakdown of College Bookstore systems:

The bookstore uses the MBS Textbook Management System which has the following: -Touch screen POS cash registers -Accounts Payable module -Real Time Student Financial aid -Online textbook and merchandise orders -Physical Inventory module -Daily used book buyback -Online Faculty adoptions -Accepts MasterCard, Visa, AMEX, gift cards as payment for purchases

G. See attachment “D” for a description of current bookstore employee duties.

10 III. GENERAL INFORMATION AND PROPOSAL REQUIREMENTS

A. Program Objectives

The College is seeking a qualified contractor to furnish management, temporary labor only, equipment, goods and supplies necessary to manage and operate a professional Bookstore that will provide the highest caliber of services to the College community. The College’s overall goal in soliciting a Contractor to provide Bookstore management services is to enhance and improve upon the level of financial effectiveness, services and satisfaction currently being provided on each campus. It is essential that the Bookstore be managed with maximum sensitivity to the needs and concerns of our students, faculty and staff. Products, prices, and services must promote confidence that the College community is obtaining the best possible combination of quality, customer service and price.

Please Note: All permanent fulltime and permanent part-time labor will remain as employees of the College. All payroll, payroll taxes, benefits and associated costs will remain the College’s responsibility and ALL of the above listed costs will be billed back to the Contractor for reimbursement on a monthly basis. The Contractor will reimburse the College for its proportionate share of all Florida workers compensation premium costs. Such reimbursement will be included in the monthly reimbursement billing from the College to the Contractor.

B. Scope of Work

During the term of the Contract between the College and the Contractor, the Contractor shall operate the College Bookstore, in accordance with the requirements, terms, specifications, conditions, and provisions hereinafter contained.

Contractor shall provide the College with the services usually expected of a top quality College bookstore.

C. Term

The Contract shall commence on July 1, 2009 and continue for a period of three (3) years ending June 30, 2012. If it is deemed to be of mutual benefit to both parties, the College and the Contractor can mutually agree to continue annually the Contract beyond the original three (3) year period for up to an additional three (3) consecutive one year periods.

D. Requirements of a Proposal

In order to be considered responsive to the College’s RFP, the Contractor must include, and / or acknowledge, all of the following in their proposal.

RFP Cover Sheet Return of the RFP cover sheet, signed and filled out as required.

Addenda

A written addendum may be issued prior to the bid/proposal opening which may modify, supplement or interpret any portion of this Request. No verbal or written information from other sources are authorized as representing the College.

Equal Opportunity Statement

The College believes in equal opportunity practices which conform to both the spirit and the letter of all laws against discrimination and is committed to non-discrimination because of race, creed, color,

11 sex, age, national origin, or religion. To be considered for inclusion as a supplier under this agreement, the bidder must include a statement of the Contractor’s commitment to Equal Opportunity Employment. Transition Plan [OPTIONAL]

Contractor’s transition plan for management and staffing, including specific plans with respect to the current Bookstore employees.

Exceptions

Summary of any specifications, requirements, terms, conditions, and provisions in the College’s RFP that the Contractor will not conform to.

Authorization

Signature of authorized officer of the Contractor, with names of each person signing typed or printed below the signature.

Complete Client List

A list of stores where the Contractor is currently operating a college or university bookstore. For each location on a college or university campus, indicate the length of time the Contractor has held the contract for the operation of the bookstore, and provide the name, address, and telephone number of a college or university official with the authority over the bookstore operation who can be contacted concerning the operation of the bookstore while under the management of the Contractor.

Financial Statement

A certified financial statement of the Contractor’s last fiscal year.

Automation Plan

An automation plan for the management of the Bookstore. For each area to be automated, Contractor is to provide a brief description of what the automated system will do.

Internal Systems

A description of internal systems of the Contractor for:

a. Inventory controls for textbooks, trade books, and general merchandise. b. Recording, checking and reporting sales. c. Control of cash and refunds. d. Internal audit.

Used Textbooks

A description of the Contractor’s access to wholesale used books.

Management Structure

An organizational chart showing the management structure of the Contractor with a description of the qualifications and credentials and the location of both upper level management and regional management support staff.

Corporate Support

Description of corporate support services and programs that will be included by the Contractor.

12 Personnel Policies and Training

Include a description of Contractor’s personnel policies and educational or training programs for managers, supervisors, and employees. These programs should be available to College bookstore staff even though they will remain employees of the College.

Customer Service

Methods the Contractor will utilize to insure customer satisfaction with the bookstore services provided.

Financial Aid

Prospective Contractors must include an option for student financial aid in Proposal. Contractors are asked to present “Real Time” options to complete student orders with financial aid but if not, to present the most efficient option for the College.

Policies / Programs / Procedures

Indicate the policies / programs / procedures proposed for use in the operation of the Bookstore in the areas listed below:

a. Buy-back of books b. Refunds c. Faculty/staff discounts d. Special orders – e.g., caps/gowns; rings e. Maintenance of all required course books in stock f. Methods for securing titles, publishers, and quantities from College faculty g. New categories of merchandise, if any, to be added for sale h. Pricing / markups for new books, used books, supplies, computers, software, clothing and misc. i. General book selections j. Inventory purchase terms k. On-line orders and security measures

Contractor agrees to commit to all Florida current and future regulations whether enacted by the Florida Legislature or by the Florida Department of Education with regard to “Textbook Affordability”. Current State of Florida rules are listed in appendix “B” attached.

Other such information as the Contractor deems pertinent for consideration by the College.

E. Proposal Preparation and Submission

Prospective Contractors are instructed to deliver eight (8) complete copies of the bid and proposal, enclosed in one sealed box or other package, in a manner that assures receipt by Friday, April 24, 2009 at 3:00 pm EST. All proposals must be received in the Purchasing Department no later than 3:00 PM, Friday, April 24, 2009. Proposals will be opened publicly at that time. Proposals received after this date and time will be rejected. Proposals will not be evaluated at this time. The evaluation date and time is noted in the RFP document.

Proposals may be withdrawn or amended at any time prior to the closing date and time.

13 Proposals shall be signed by an authorized representative of the Contractor. All information requested should be submitted. Failure to submit all information requested may result in the College requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals, which are substantially incomplete or lack key information, may be rejected by the College. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

Each copy of the proposal should be bound or contained in a single volume where practical.

Ownership of all data, materials and documentation originated and prepared for the College pursuant to the RFP shall belong exclusively to the College and be subject to public inspection in accordance with the Florida Freedom of Information Act. Trade secrets or proprietary information submitted by the Contractor shall not be subject to public disclosure under the Florida Freedom of Information Act. Any confidential or proprietary data must be clearly marked.

F. Award

Award will be made to the Contractor who is determined by the College to best meet the needs and objectives of the College community. Contractors are encouraged to propose innovations. The College reserves the right to reject any or all proposals if they are in its discretion judged unacceptable, to waive any technical or formal defect therein, to accept or reject any part of any proposal, and to award the Contract to other than the Contractor proposing the highest commission return according to its own judgment of its best interest.

In awarding the Contract, the College will consider a number of factors in combination in evaluating the proposals submitted. These factors will include the following which are not listed in order of importance:

a. Contractor’s record of performance and service in higher education bookstore operations. b. Contractor’s conformance to RFP’s specifications, requirements, terms, conditions, and provision. c. Contractor’s response to College’s objectives. d. Contractor’s pricing and refund policies. e. Service aspects of Contractor’s proposal. f. Commission return to the College. g. Customer relations in existing Contractor operated bookstores. h. Personnel aspects of Contractor’s proposal. i. Contractor’s ability to render satisfactory service in this instance. j. Review of recommendations with respect to Contractor’s bookstore operations at other similar universities and colleges. k. Extent of Contractor’s size, credit standing, financial record, stability, and management.

Contractors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the College and/or be invited to meet with College officials for clarification and questions. The College will schedule the time and location for these presentations. Oral presentations are an option of the College and may or may not be conducted.

After proposals have been reviewed, visits may be made to selected institutions under contract with Contractors to assist the College in its choice of Contractor.

Additional information may be requested while bids and proposals are under consideration.

The successful Contractor will be notified of the award in writing.

14 G. Timeline

All meetings take place at MCC, 5840 26th St. West, Bradenton, Fl - Building/Room as noted

04/24/09 3:00 PM Proposals Due at MCC, Proposal Opening Building 7, Room 141

05/11/09 10:00 AM Proposals Scored Building 7, Room 107

05/19/09 8:30 AM Vendor Presentations TBD

05/19/09 3:00 PM Vendor Selected Building 7, Room 107

06/17/09 8:00 AM Selection Presented to Board of Trustees Building 7, Room 160

06/18/09 Contract Signed

07/01/09 Contract Begins

Note: The timeline is an estimate, as of the post date of this proposal, of the events that will take place. Changes to this timeline will be made available on the MCC Purchasing web page as addenda: http://www.mccfl.edu/pages/3217.asp

IV. SPECIFIC REQUIREMENTS

In order to achieve the goals of the College’s Bookstore program, the contractor shall adopt the following objectives in managing the Bookstore:

To provide the College community with a full range of merchandise and services expected from a quality academic Bookstore.

To have sufficient quantities of textbooks and related supplies and materials, as required or recommended by the faculty for academic courses, available for purchase by students at the specific times the items are needed.

To ensure that the specific requested editions of texts are available for sale.

To minimize out-of-stock situations on textbooks.

To provide a wide selection of current trade, academic, and technical literature in support of required material for the academic disciplines of the College.

To offer a significant selection of “soft goods” such as office supplies, personal care items, children's items, College emblematic apparel, memorabilia, and other miscellaneous items.

To provide timely response to customers requiring special order literature and other such materials.

15 To provide textbooks and academic materials in accordance with the current Textbook Pricing Policy:

6A-14.092 Textbook Affordability.

Pursuant to Section 1004.085, F.S., institutions within the Florida College System shall: (1) Adopt textbooks no later than forty-five (45) days prior to the first day of classes to allow sufficient lead time to bookstores to work with publishers so as to confirm availability of the requested materials and to ensure maximum availability of used books. Where courses are added after this forty-five (45) day deadline, textbooks for such courses shall be adopted as soon as is feasible to ensure sufficient lead time. (2) Pursuant to Section 1004.085(3), F.S., for those classes added after the thirty (30) day notification deadline, institutions shall post textbook information on their websites immediately as such information becomes available. (3) Collect and maintain, before textbook adoption is finalized, written or electronically transmitted certifications from course instructors attesting: (a) That all textbooks and other instructional items ordered will be used, particularly each individual item sold as part of a bundled package, and (b) The extent to which a new edition differs significantly and substantively from earlier versions, and the value of changing to a new edition. (4) Provide assistance as requested by the statewide textbook affordability workgroup established by the Department of Education to recommend policies and strategies that address the availability of required textbooks to students otherwise unable to afford the cost. The workgroup shall consist of nine representatives from institutions within the Florida College System chosen based on variable student enrollment (small and large student populations), geographic location (north, central and south) and economic status of student body (high population receiving need-based financial aid). A report shall be submitted by the workgroup to the State Board of Education by December 1, 2009, that identifies the policies. Specific Authority 1004.085(3), (4) FS. Law Implemented 1004.085 FS. History–New 2-25-09.

To provide other quality merchandise to the College community under pricing policies that are both fair and competitive for like or similar quality, as compared to other college and College bookstores and also with retail establishments in the surrounding area.

To keep apprised of new merchandise of interest to the College community.

To provide for efficient customer traffic flow during rush periods and minimize time spent by customers in waiting lines.

To meet the needs of disabled persons. ADA requirements shall be adhered to in all aspects of the management and operation of the Bookstore.

To provide employment opportunities for the College’s students.

To become involved in the academic, cultural, and social environment of the College, taking advantage of opportunities to offer special merchandise and other assistance based upon the College’s ongoing and unique activities.

A. Financial Requirements and Administration

1. Financial Responsibility. The Contractor shall have complete responsibility for the financial administration of the bookstore facility. Such responsibilities include, but are not limited to, ordering books and merchandise, billings and collections from third parties, processing payments for all goods, acceptance and deposit of all funds, reconciliation of accounts, preparation of annual financial reports and all other such activities that may apply.

16 2. Licenses, Permits, and Taxes.

a. The Contractor shall secure and pay for all federal, state, and local licenses and permits required for the College Bookstore operations provided for herein. The College will cooperate with the Contractor in obtaining all licenses and permits and will execute such documents as shall be reasonably necessary or appropriate for such purposes. The Contractor shall pay for any and all taxes and assessments attributable to the operation of the College Bookstore provided herein including but not limited to sales taxes, excise taxes, payroll taxes, and federal, state, and local income taxes.

b. The Contractor will be granted the right to use the College’s name, logo and seal for reproducing and imprinting stationary, soft goods, notebooks, pens, pencils, jewelry and similar items acceptable to the College, provided that the College’s name is not used for product endorsement.

3. Fees & Commission.

The Contractor shall pay to the College a monthly space rental charge of $22,000 USD total for both the Bradenton Campus location and the Venice Campus location. Such rental fee will be increased by $2,000 per month on the annual anniversary of the contract. In addition, Contractor will pay to College a monthly commission percentage of five percent (5 %) based on Gross Sales as defined herein.

4. Gross Sales.

Gross sales shall be defined as ALL collected sales at the Bookstore less voids, refunds, sales tax, discounted sales, such as departmental sales, discounted faculty/staff sales, pass-through income, etc.

B. Specific Operating Requirements

1. Operating Schedule. The Contractor will be required to operate the Bookstore in the existing College Bookstore located at both the Bradenton Campus and at the Venice Campus on a 12-month basis, based on the College’s academic calendar Attachment “C”. The College reserves the right, upon consultation with the Contractor, to establish or change the service hours, plans or other methods of operation of the Bookstore.

2. Merchandising. The College reserves the right to recommend merchandise to be sold in the Bookstore and to request the removal of merchandise for sale in the Bookstore which the College considers offensive or inappropri- ate.

3. Operating Material. The Contractor shall provide all office machines, equipment, and supplies required for the efficient conduct of business. The Contractor may elect to utilize equipment already in place in the Bookstore, but shall accept the equipment in “as is” condition and be responsible for future maintenance of such equipment. Any equipment so utilized will remain the property of the College upon termination of the contract in the same condition as when accepted for use, normal wear and tear expected.

4. Merchandising Rights. The Contractor shall have exclusive rights to operate the full service Bookstore located at the College, offering all goods and services normally found in College bookstores and any such additional services as may be required by the College during the term of the contract. The College shall grant the Contractor the right to sell College licensed products.

C. Specific Services To Be Provided By The Bookstore Operation

1. The Contractor shall stock in sufficient quantity, display, and offer for sale:

17 a. All required, optional, and suggested text and course books, whether new or used, in editions specified by the faculty or other designated departmental representatives;

b. Other educational materials and supplies used by the College’s students;

c. Speculative merchandise such as books, magazines, soft goods, stationery, and other items normally sold in a College bookstore, to the extent that the sale of such items is compatible with the educational mission of the College and Bookstore’s purpose;

d. Food items and other items not normally sold in a College bookstore upon specific prior approval by the College’s designated representative.

2. The Contractor shall provide for charge sales of books, supplies, and all other merchandise to students, faculty, and staff through Master Card, Visa, American Express, MCC One Card or any College selected alternative (student financial aid sales). The Contractor shall also provide for charge sales to the College where appropriate on its own accounts. The Contractor shall accept personal checks from students, faculty and staff in a reasonable amount in payment for purchases, subject to appropriate identification.

3. The Contractor shall provide special order service and other such sale services, such as class ring, cap and gown, as are requested by the College.

4. In its provision of books, supplies, and materials, the Contractor will prepare (in a form acceptable to the College) and distribute electronically to faculty members requisitions for such books, supplies, and materials for each semester. The College will make reasonable efforts to see that each Contractor’s bookstore management is given timely notice by faculty members or authorized designees of the books, supplies, and materials requested for all courses offered, as follows: a. For the Spring semester, beginning in January, on or before October 10th; b. For the Summer sessions, on of before March 6th; and c. For the Fall semester, beginning in late August or early September, on or before March 20th. [University or College adjust dates as needed]

5. The Contractor shall provide timely reports to faculty members of the status of their orders for books, supplies, and other materials for their respective courses, including items discovered to be unavailable, delayed in delivery, new editions, etc. The Contractor shall not be responsible for books or other items not being ready for sale to students due to failure of faculty members to submit timely order requests. However, the Contractor shall make every reasonable effort to supply items requested even when requests are not timely.

6. Contractor shall specifically address in the Proposal how the order processing and delivery of emergency late textbook adoptions shall be handled.

7. The Contractor shall operate according to the following pricing policies: a. All new paperbacks and trade books shall be sold at prices no higher than the publisher’s suggested retail prices. b. Textbook Pricing Policy shall be clearly stated. Refer to the attachment of College’s current Bookstore Textbook Pricing Policy. c. All other merchandise shall be marked up to reflect a normal gross profit margin for the College bookstore industry or as pre-priced.

8. The College may request and shall receive from the Contractor proof that the above pricing policies are being followed. Information shall be provided by the Contractor at the earliest possible time following its receipt of the College’s request.

9. In exceptional cases only involving changes in university and college bookstore market conditions that are outside of the Contractor’s control, the Contractor may request a mutual review and

18 decision with respect to pricing policies at any time during the year. The College shall determine the effective date of any such changes in policies.

10. The Contractor shall purchase used books from the students, faculty and others at the College based on a schedule that is practical and convenient to both the Bookstore and the College community according to the following policy:

a. If the Contractor has a faculty order indicating that a book will be a course adoption for a following semester, it will pay no less than fifty percent (50%) of the purchase price. A lesser amount may be paid only if copies required for faculty orders are filled or if a book is in unusually poor condition. b. If the Contractor does not have information as to the future use of a book or if the book will not be used a following semester, or will shortly be replaced by a revision announced by the publisher, the Contractor shall pay the price listed for the book in a textbook guide which the College and the Contractor agree to use for this purpose.

11. The Contractor shall make every possible effort to increase used book sales at the College by retaining used books purchased at the College, if required for the following semester, and by purchasing or acquiring used books from other bookstores and companies if necessary.

12. The Contractor shall post, in conspicuous places, bookstore policies concerning refunds, buybacks, exchanges, and discounts. New textbooks shall be in new condition, and as a minimum, policies will provide that defective textbooks will be replaced at no cost. The Contractor shall provide for a refund of purchases according to the College’s current refund policy or according to an alternative policy, approved by the College.

13. The Contractor shall operate the Bookstore on a schedule that will be convenient to students, faculty, and the College community. As a minimum, operating hours are to be from 8:00 am through 7:00 pm, Monday through Friday; during each week the College is in regular academic session. Other operating hours may be required by the College to accommodate special events and, under such circumstances; the Contractor should make every effort to operate the Bookstore during such hours. Changes in the operating hours described above shall be approved by the College.

14. It is understood that the College reserves the right to establish a Bookstore Advisory Committee. The Contractor’s bookstore manager and regional manager shall meet quarterly or as necessary with the Bookstore Advisory Committee, and with College officials to review bookstore operations. Further, the Contractor’s bookstore management shall work cooperatively with the Bookstore Advisory Committee, and with College officials, in the development and improvement of the Bookstore’s program, services and policies. The Contractor shall make every reasonable effort to comply with requests from the Bookstore Advisory Committee and from College officials for the improvement of the Bookstore’s program, services and policies. The Bookstore Manager or his/her designee is also expected to meet periodically with Deans, Chairpersons, and other faculty members.

15. The Contractor shall provide for sales of textbooks and other educational materials required for off- campus courses at off-campus instructional centers, if so requested by the College.

16. The Contractor shall provide the benefit of a minimum twenty percent (20%) discount to departments, faculty and staff of the College for authorized sales of office and school supplies sold in the Bookstore. These sales shall not be considered a part of gross sales.

17. The Contractor shall withdraw from display or sale in the Bookstore any item which the College should reasonably request not to be displayed or sold.

18. The Contractor shall submit to the College’s Director of Business Services for its prior approval, all advertising to be done off the College’s campus or in other than College media. The Contractor

19 shall withdraw any advertising from any location or media if the College should request that such advertising be withdrawn.

19. The Contractor shall prosecute individuals for acts of property damage, theft of merchandise or money, or fraudulent acts as the College should reasonably request and, if the College should so request, shall cooperate with the College in the College’s prosecution of such individuals. The Contractor shall not have College students arrested by public authorities or prosecuted without prior consultation with the College’s police.

20. In order to determine that superior customer service is being provided to the College, a method to assess customer service shall be agreed upon by the College and the Contractor.

21. The Contractor shall promote book signings and other academic and scholarly events as appropriate.

22. The Contractor shall provide in the Proposal a list of the promotions that will be provided during the academic year.

23. Contractor may propose other additional services.

24. Contractor shall provide additional College Bookstore services as are reasonably requested by the College.

25. Any changes in services, charges, and discounts must be approved by the College.

D. Facilities and Equipment

1. The Bookstore operated by the Contractor shall be operated in the existing Bookstore space. Additions to or deletions from the existing space, or relocation of the Bookstore, may be made but must be agreed upon in writing by the Contractor and the College’s Vice President of Business Services.

2. The Contractor shall be responsible for providing such additional equipment and fixtures as may be necessary for the successful operation of the Bookstore. All renovations and finishing out, including color selections is subject to prior written approval by the College.

3. The College will be responsible for major structural repairs to the space used by the Contractor, provided that such repairs are not required as a result of the actions of the Contractor, its agents or employees.

4. Current maintenance contracts on the College equipment, which is made available for use by the Contractor, will remain in force until their normal expiration dates, unless otherwise provided in the maintenance contracts. The Contractor will have the benefit of such contracts until their expiration dates, and thereafter shall provide for preventive maintenance and repairs of equipment at the Contractor’s own cost and expense. A listing of such agreements and dates are provided [as an Attachment].

5. The College will provide all utilities to the space used by the Contractor including:

a. Heat, light, utilities, and air conditioning as is reasonably required for operation of the Bookstore.

b. Office equipment (including computer equipment, cash registers and safes), furniture and fixtures, file cabinets, telephones and telephone service (including campus telephones and campus telephone service), and office machines currently available for Bookstore use. The Contractor shall pay for long-distance telephone service and any additional services.

c. Trash removal, normal custodial cleaning services and extermination services for the Bookstore.

20 d. To the best of its knowledge, the College is not aware of any health or environmental problems which currently exist or are likely to develop in the physical facility which houses the Bookstore. The College shall be responsible for remedying promptly any health or environmental problems at the Bookstore, other than those caused by the Contractor, and notifying the Contractor accordingly.

6. Agents and employees of the Contractor working in the Bookstore will be provided access to parking lots utilized by College employees under the policies of College’s Department of Public Safety.

7. The Contractor shall cooperate with the College Police and with other College officials in the provision of security for the Bookstore. The Contractor shall be responsible for maintaining intrusion alarms and other security systems deemed necessary for the space used by the Bookstore operation.

E. Personnel

1. Adequacy. Contractor is to provide sufficient personnel to ensure efficient and courteous service to patrons and must have adequately trained relief personnel available to substitute in the absence of regular employees. All permanent fulltime staff and permanent part-time staff shall be employees of the College, whom shall be responsible for the payment of their wages and benefits. College will bill Contractor monthly for ALL employee expenses including but not exclusive of payroll, payroll taxes, College paid benefits, workers compensation premium and all other associated employment related expenses.

2. Current Employees. Current Bookstore employees are to be afforded the greatest level of personal and professional courtesy possible. All current employees working in the College Bookstore in good standing will continue to be employed in the College Bookstore at their current pay rate. Any future College wide pay rate increases applicable to College employees will also apply to bookstore employees.

Existing full-time employees that are in good standing with the College shall not be released from employment without cause and with concurrence of the College. Contractor will have the right to submit annual reviews of each bookstore employee in accordance with College policy. The College will have the ultimate authority, after reviewing with the Contractor, to dismiss or reassign any employee.

3. Student Part-Time Employees. Existing part-time employees are to be provided interviews and preference for continued employment with the Bookstore. Student or part-time employees of the Contractor are not to be paid less than minimum wage. The Contractor is allowed to utilize work-study students in the Bookstore when they are available.

4. Employee Policies. Contractor employment policies shall meet the requirements of the Fair Labor Standards Act and all other regulations required by Federal or State Law. All material relating to personnel policies and procedures of the Bookstore must be available for review by the College.

5. Equal Opportunity and Affirmative Action. The College is committed to Equal Opportunity and Affirmative Ac- tion. The successful Contractor must pledge to comply with Equal Opportunity Laws and that it will not discrimi- nate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, age, physical ability, or marital status.

6. Managers. The Bookstore Manager and Departmental Managers assigned to the Bookstore by the Contractor must be approved by the College. Subsequent changes in these assignments are to be made by the Contractor only after prior consultation with, and approval of the College. The person selected by the Contractor to manage the Bookstore is to have extensive experience in the management of bookstore service in a College community. This person must be a good communicator, a proven leader and must exhibit the ability to deal effectively with College students, faculty and staff.

7. Manager Replacement. The College reserves the right to request replacement of the Bookstore Manager for good cause as determined by the College, or for actions considered to be not in the best interests of the College. Such actions will be taken only after consultation with Contract Administrators.

8. Training. The Contractor is to describe the training program(s) that it intends to use for the employees of the Bookstore, which will ensure that ongoing staff developmental needs are met.

21 9. Conduct. Contractor employees must strictly adhere to campus regulations regarding personal behavior and all other rules and regulations of the College. Regular employees of the Contractor may be subject to fingerprinting and background checks required of all other College employees.

F. Purchase of Merchandise and Inventory of Equipment at Contract Commencement and Terminations

1. Upon commencement of this Contract, the Contractor shall purchase bookstore inventory then currently on hand on the following terms: a. New Textbooks 1) All new textbooks (in quantities not exceeding normal course requirements) formally adopted for the following term and on hand at the time of inventory will be purchased by the Contractor at the College’s cost. 2) All excess textbooks not accepted for return will be purchased by the Contractor at the current wholesale price. b. Used Textbooks 1) At the time of inventory, all used textbooks on hand that are formally adopted for the following term (in quantities not exceeding normal course requirements) will be purchased at the College’s cost. 2) All excess adopted used textbooks will be purchased by the Contractor at the current wholesale price. c. Trade, Paperbacks, Technical and Reference Books 1) All trade, paperback, technical and reference books in clean and saleable condition, less than six (6) months old, will be purchased by the Contractor at the College’s cost. 2) Books not in clean and saleable condition will be set aside and purchased by the Contractor at a mutually agreeable price. d. School Supplies and General Merchandise 1) This category includes all items not previously mentioned, including art, office and general supplies, stationary and greeting cards, etc. 2) All of the above supplies and merchandise in clean and saleable condition, up to a six (6) month supply, will be purchased by the Contractor at the College’s cost. 3) Items not in clean and saleable condition will be set aside and purchased by the Contractor at a mutually agreeable price.

e. Payment for Inventory 1) The Contractor will pay the College for all inventories in two equal payments: 50% within sixty (60) days after the completion of a physical inventory, and 50% within one hundred and twenty (120) days after the completion of that inventory.

2. Upon the commencement of the Contract, the Contractor and the College will perform an inventory of the Col- lege’s equipment, which will be used by the Contractor in the bookstore. The inventory will note the condition of the equipment, as agreed upon by the College and the Contractor.

3. Upon the termination of the Contract, the College will purchase, or require the replacement contractor to purchase, bookstore inventory then on hand from the Contractor upon the same terms as described in subpara- graphs III.F.1 (a through e) above.

G. Laws and Regulations

1. The Contractor shall comply with all laws, ordinances, and regulations of any applicable federal, state, county, or city government, bureau, or department applicable to the performance of the services described herein. The College agrees to provide all cooperation reasonably necessary for such compliance. In addition, the Contractor shall also comply with all College policies and regulations as may currently and/or in the future pertain to service under the Contract. These laws, ordinances, regulations, and policies shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though written out in full.

22 H. Insurance:

Contractor shall provide the following forms and limits of insurance:

1. Workers Compensation and Employer’s Liability Insurance covering obligations imposed by federal and Florida statutes with jurisdiction over Contractor’s personnel. Contractor shall adhere to all provisions imposed by F.S. Chapter 440 and shall provide Employers Liability limits of at least $500,000 each accident; $500,000 disease each employee and $500,000 disease policy limits.

2. Property Insurance covering Contractor’s personal property at the time of contract or thereafter located on College premises against “All Risk” of loss within an amount equal to replacement cost. “All Risk” shall mean at a minimum coverage for Special Causes of Loss perils as described by the Insurance Services Office (ISO) publications.

3. Commercial General Liability Insurance providing coverage for Contractor’s operations with minimum limits of shown below:

Limits: General Aggregate $2,000,000 Products-Completed Operations Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Medical Payments $500,000 Fire Damage (any one fire) $500,000

4. Automobile Liability Insurance providing liability insurance for all of Contractor’s owned, leased or non-owned automobiles used on College’s premises including all vehicles of Contractor’s personnel with minimum limits of $1,000,000 per occurrence.

5. Umbrella Liability Insurance providing excess coverage over the underlying Comprehensive General Liability insurance, Automobile Liability insurance and over the Employers Liability Insurance.

6. Employee Dishonesty Coverage for the dishonest acts of Contractor’s employees. Limits of $500,000 required. College employees will be covered by similar coverage through College’s insurance program.

7. Theft coverage on a broad form covering any and all property of the Contractor’s on the premises of the College.

I. Indemnification:

College is a public entity entitled to sovereign immunity except to the limited extent it has been waived by Florida Statute 768.28. The College is willing to contract with Contractor provided that the College does not have any additional liability whatsoever, whether said liability arises from the negligence of the Contractor or Contractor’s officers, directors, employees, agents or sub-contractors. Contractor acknowledges the College’s decision not to accept any additional liability as set forth herein, and, as a material condition of any agreement entered into between College and Contractor, agrees to indemnify, defend, hold harmless the College from any and all claims, suits, causes of action whatsoever that may arise by virtue of Contractor’s performance hereunder. Contractor shall indemnify, and save the College harmless from any and all liability, loss damage, expense, causes of action, suits, claims or judgments, or costs of every kind and description resulting directly or indirectly, from or based upon Contractor’s performance under the proposed contract. Contractor further shall, at its own cost and expense, defend with counsel reasonably acceptable to College any and all suits which may be brought against the College, either alone or in conjunction with others, upon any such liability or claim or claims, and shall satisfy, pay, and discharge any and all costs, including attorney’s fees, judgments and fines that may be

23 recovered against the College in any action or actions; provided, however, that the College shall give Contractor prompt written notice of any such claim or demand.

V. ACCOUNTING, RECORDS, REPORTS, AND METHODS OF PAYMENT

A. The Contractor shall pay to the College the monthly fee and monthly commission specified in the Contractor’s proposal, which is attached hereto and made a part hereof.

B. Applicable payments as set in the Contractor’s proposal shall be made monthly by the Contractor to the College and shall be paid within 15 days after the close of the month in which they were earned. The final payment for any year shall be made within thirty (30) days after the end of the applicable contract year, and will include any adjustments required by the percentage of gross sales formula set forth in the Contractor’s proposal.

C. Each payment shall be accompanied by a detailed statement of its computation and the Contractor shall furnish supporting documentation to the College upon request.

D. The College shall have full access at all times to the Bookstore accounting records, including all cash registers at the Bookstore being used by the Contractor, with or without notice. Cash register control totals will be used to verify the cash sales reported. All cash registers or point of sale equipment utilized by the Contractor in the College Bookstore shall have non-changeable grand totals.

E. The Contractor shall maintain complete and accurate accounts and records, in accordance with nationally accepted bookstore industry standards, of all revenues, cost of goods, salaries and benefits, and all other expenses in connection with the College Bookstore operation provided under the terms of the Contract. All such accounts and records shall be retained by the operation and may be inspected and reviewed by the College.

F. On termination of the Contract, lease fees and commissions will be paid to the College on sales up to the final day the Bookstore is operated under the Contract. The commission due the College for any portion of a Contract year shall be calculated on a percentage basis.

VI. CONTRACT TERM, RENEWALS, EXTENSIONS, CANCELLATION, TERMINATION, REQUIREMENTS, ADDITIONS, ADJUSTMENTS, AND ASSIGNMENTS

A. The initial contract shall commence on July 1, 2009, and continue for a period of three (3) years ending on June 30, 2012. If it is deemed to be of mutual benefit to both the College and the Contractor, both parties can mutually agree to renew the Contract. B. In the event that the Contractor breaches any of the terms and provisions of the Contract, the College reserves the right to accurately and specifically describe the unsatisfactory performance or condition in a written notice by registered or certified mail to the Contractor and expect that this be corrected within a thirty (30) day period from the date the notice is received by the Contractor. If the described performance or condition is not corrected satisfactorily within this time period, a thirty (30) day notice of cancellation of the Contract may be given to the Contractor, by registered or certified mail. Upon providing such written notice, the College may procure the services described herein from other sources, and may hold the Contractor responsible for any and all excess costs or for any and all losses occasioned thereby.

In the event that the College breaches any of the terms and provisions of the Contract, the Contractor reserves the right to accurately and specifically describe the alleged breach in a written notice by registered or certified mail to the College and expect that this breach be corrected within a thirty (30) day period from the date the notice is received by the College. If the described breach is not corrected satisfactorily within this time period, a one hundred eighty (180) day notice of cancellation of this Contract may be given by registered or certified mail to the College.

24 C. The failure of either the Contractor or the College to insist upon strict performance of any of the terms or conditions of this Contract shall not be construed as a waiver or relinquishment for the future of any such term or condition, and shall be and shall remain in full force and effect.

D. Either party to the Contract may make a written request for a review of its provisions and terms at any time and may agree to amend or revise any or all provisions and terms. All such mutually agreed upon adjustments must be in writing, signed by the authorized representatives of both parties, and the Contract amended to include same.

E. Neither party shall assign nor transfer the Contract or any part of same nor enter into any subcontract for services under this Contract without the prior written approval of the other party.

F. The Contractor is providing the services described herein as an independent contractor of the College, not as the College’s agent or representative. The Contractor shall not, in any manner, use the credit or the name of the College in connection with its business or affairs except as specifically authorized in the Contract or as approved prior to such use by the College. Further, the Contractor shall purchase merchandise and sign contracts in its own name and sole credit and shall not promptly make full payment thereon, in accordance with the terms of purchase.

G. Headings used in the Contract are for reference purposes only and shall not be considered to be a substantive part of the Contract.

H. It is understood by both the College, and by the Contractor, that this document, the Contractor's proposal and the College’s vendor amendments will all be made part of the final contract. Contractor agrees as part of its proposal to College to include a sample copy of its expected contract with College.

VII. Miscellaneous

A. The Contractor shall be knowledgeable about changing college and university bookstore trends, new marketing ideas, new merchandise items, and changes evolving throughout the general bookstore industry. The Contractor shall incorporate programs of action in response to these changes and trends into the College Bookstore operation and services, as deemed applicable to the college and university bookstore market segment.

B. Subject to the prior approval of the College, the Contractor may utilize some specific College services, at the same cost that College departments are billed for such services. The Contractor is subject to all applicable state sales taxes.

C. The College is only responsible for the costs specified as College costs and contained herein. All other costs, relative to the Contractor’s operation of the College Bookstore and Contractor’s performance under the terms contained herein shall be the Contractor’s responsibility.

25 Appendix 1 - Bookstore Data

A. Square footage for Bradenton Store: - Bookstore sales floor 3172 sq. ft. - Manager’s office 163 sq. ft. - Asst. Manager’s office 112 sq. ft. - Staff Office 235 sq. ft. - Cash Count room 101 sq. ft. - Break room 85 sq. ft. - Storage room 1198 sq. ft.

B. Square footage for Venice Store: - Bookstore sales floor 1254 sq. ft. - Office 220 sq. ft. - Storage 198 sq. ft.

Bradenton Bookstore Manager - employed since February, 1976. Duties include:

Performs and/or handles purchasing, pricing, selling, textbook coordination, faculty relations, cash handling, record maintenance, staffing, safety/security, inventory control, merchandise selection, and sales analysis.

Maintains a current knowledge of the policies and procedures of publishers, distributors and other sources of supply.

Coordinates and plans marketing efforts for the entire operation.

Directs the periodic inventory of textbooks, general merchandise and supplies.

Serves as administrative liaison for the Bookstore with other College departments.

Directs, interprets and applies standards and procedures governing the operation of the campus stores and all related facilities.

Maintains knowledge of industry standards and innovations regarding books, merchandise, public relations, store operations and information systems.

Supervises, evaluates, and coaches bookstore staff.

Bradenton Asst. Bookstore Manager - employed since October, 2001. Duties include:

Audits invoices and receiving reports; functions as the accounts receivable and payable representative for textbooks and supplies; provides follow-up on textbook and supply orders for accuracy and delivery; assists the manager in maintaining inventory control.

Serves as the textbook manager for the Bradenton Campus. Maintains textbook adoption forms; orders textbooks from wholesalers and publishers. Creates and submits purchase orders for both Bradenton and Venice Campuses.

Keeps faculty and staff abreast of information regarding any changes in textbook adoptions. Serves as liaison between departments and the bookstore manager for policies and procedures pertinent to textbook information and adoptions. Handles customer relations and routinely deals with resolving customer problems. Assists customers with textbook and supply questions.

Supervises, coaches, and evaluates bookstore employees.

Assists with the development of policies and procedures set forth by the Bookstore Manager. Responsible for updating and maintaining bookstore procedure manual.

26 Bradenton Bookstore Buyer Assistant - employed since June, 1984. Duties include:

Orders all items for resale in the bookstore. Displays and stocks items on shelving and other display units.

Orders all items not intended for resale such as faculty caps and gowns, nursing student pins, etc.

Enters item prices in point of sale system.

Initiates all documentation to support the purchase and sale of non-textbook merchandise.

Communicates with vendors about work order problems.

Operates point of sales cash register. Accepts payment by cash, check, or credit card. Makes change, cashes checks, and issues receipts or tickets to customers.

Receives deliveries and completes all documentation regarding status of merchandise. Ships merchandise to branch campuses and completes all documentation to support shipments.

Bradenton Bookstore Shipping/Receiving Clerk - employed since November, 1998. Duties include:

Compares identifying information and counts, prices, organizes, and stocks textbooks received and verifies information against invoices, orders, or other records.

Unpacks and examines incoming shipments, rejects damaged items, records shortages, and corresponds with shipper to rectify damages and shortages. Prepares, processes, and ships all returns of texts in accordance with established College policies and procedures.

Ships orders placed by students in a timely manner. Ships and receives textbooks to/from other companies and maintains shipping records.

Examines outgoing shipments to ensure shipments meet specifications.

Maintains inventory of shipping materials and supplies; assists in bookstore inventory.

Operates point-of-sale register. Receives payment for merchandise; makes change to customers.

Trains temporary staff in the use of all shipping and receiving equipment.

Bradenton Computer Support Specialist/Textbook Buyer - employed since April, 2006. Duties include:

Serves as the bookstore technical representative to MBS for issues related to the bookstore systems, all gateways and interfaces, and troubleshoots user issues internally.

Manages the continuous updating and daily maintenance of the bookstore website.

Maintains accurate documentation of system operating procedures.

Maintains the daily backup process and ensures that the tapes are stored in a secure location. Timely updates of the textbook database on a monthly basis.

Creates and submits purchase orders for both Bradenton and Venice Campuses based on open to buy figures.

Trains faculty how to order textbooks online. Interacts with department chairs and/or staff assistants concerning any problems or issues with textbook adoptions.

27 Bradenton Bookstore Cashier - employed since April, 2004. Duties include:

Operates point of sale cash register. Accepts payment by cash, check or credit card. Makes change, cashes checks, and issues receipts to customers.

Assists customer in locating books and supplies.

Assists in preparation of merchandise for display and prepares textbook layout and sets up shelves each semester.

Enters data into Textbook Management System.

Quotes price and describes features of items for which money is received.

Assists with Bookstore inventory.

Assists in training temporary staff.

Bradenton Bookstore Accounting Assistant - employed since June, 2008. Duties include:

Checks and balances cash and negotiable instruments against daily receipt report.

Completes various reports including daily transaction reports, refund reports, buy-back checks, and other documentation for bookstore receipts.

Assist in bookstore inventories.

Operates point of sales cash register as needed. Accepts payment by cash, check, or credit card. Makes change, cashes checks, and issues receipts or tickets to customers.

Venice Bookstore Supervisor - employed since August, 2002. Duties include:

Opens, closes, and coordinates operations of Venice Campus Bookstore.

Orders textbooks for Venice campus. Enters course book adoptions data into textbook management system. Verifies current textbook quantities and estimated book buyback quantities to approximate “Open to Buy” figures.

Operates point of sale cash register. Accepts payment by cash, check or credit card. Makes change, cashes checks, and issues receipts to customers

Completes daily transaction reports.

Schedules, trains, and supervises part-time personnel.

Uses hand truck and/or pallet jack to move, convey, or hoist shipments.

Makes refunds to customers in accordance with established procedures. Responsible for handling situations and complaints from students and faculty. Assists the bookstore manager in maintaining good relations with faculty, staff and administration.

Completes daily book buy operations by generating audit trail and preparing documentation for interoffice and bookstore manager.

28 The bookstore uses the MBS Textbook Management System which has the following:

● Touch screen POS cash registers ● Accounts Payable module ● Real Time Student Financial aid ● Online textbook and merchandise orders ● Physical Inventory module ● Daily used book buyback ● Online Faculty adoptions ● Accepts Master Card, Visa, American Express, gift cards as payment for purchases ● Merchandise control module

29 Appendix 2 - Bookstore Profitability Data

Period 2005--06 2006--07 2007--08 Revenue: Description 45001 New Books $2,862,332 $3,058,866 $3,469,175 45002 Used Books $424,345 $406,587 $450,645 45003 Computer Software $25,988 $21,637 $26,665 45004 Supplies $143,202 $135,865 $148,622 45005 Misc. & Clothing $122,295 $121,345 $145,063 45010 Online Shipping $0 $1,228 $1,689 All Other $21,422 $95,433 $133,366

Total Revenue $3,599,584 $3,840,961 $4,375,225

Expenditures:

Operating Expenses: Personnel Costs $337,468 $373,075 $398,183 Cost of Goods Sold $2,604,374 $2,815,791 $3,064,951 Other Contractual $57,294 $58,738 $62,520 Freight & Postage $76,701 $86,655 $93,482 Bank Service Charges $29,455 $33,821 $29,746 Other Expenses $51,677 $61,778 $67,067

Capital Expenses: $215,915 $4,263 $58,456

Non-Mandatory Transfer: $262,128 $291,763 $186,422

Total Expenditures $3,635,012 $3,725,884 $3,960,827

Total Profit -$35,428 $115,077 $414,398 2.9% of 11.95% of Rev. Rev.

30 Appendix 3 - 2009/2010 Academic Calendar

2009 Fall Term Aug 20 Faculty Return Aug 20-21 Faculty Planning Aug 24 Classes Begin Sep 7 Labor Day - College Closed Nov 11 Veteran's Day - College Closed Nov 26-27 Thanksgiving - College Closed Dec 11 Classes End Dec 14-17 Exams Dec 18 Grades Due Dec 18 Commencement Dec 21-31 Winter Break - College Closed Jan 1 New Year's day - College Closed

2010 Spring Term Jan 7 Faculty Return Jan 7-8 Faculty Planning Jan 11 Classes Begin Jan 18 Martin Luther King - College Closed Mar 8-14 Spring Break - College Closed Apr 30 Classes End May 3-6 Exams May 7 Grades Due May 7 Commencement

2010 Summer Term May 11 Faculty Return May 11 Classes Begin May 31 Memorial Day - College Closed July 5 Independence Day Observed - College Closed July 29 Classes End Aug 2-3 Exams Aug Grades Due