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HomeMy Public PortalAbout11-8171 RFP for Vending Machine Services Sponsored by: City Manager Resolution No. 11-8171 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP)FOR VENDING MACHINE SERVICES FOR THE CITY;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-locka desires to provide vending machine services to City employees, as well as the public; and WHEREAS,the installation of the vending machines will be at no cost to the City; and WHEREAS, the City Manager will request proposals from legitimate, qualified contractors to provide vending machine services; and WHEREAS,the City of Opa-locka will enter into a profit sharing agreement with the selected vendor; and WHEREAS,the City Commission of the City of Opa-locka desires to authorize the City Manager to issue a Request for Proposals for Vending Machine Services. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka,authorizes the City Manager to issue a Request for Proposals (RFP) for Vending Machine Services for the City. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 12th DAY OF January,2011. Resolution No. 11-8171 ' ' YRA T YLOR MA OR / Attest to: ( 11---,77 i fr- Deborah S. Irby City Clerk Approved as to form and legal sufficiency: 1i i / .40 /14i l 1 4 Jose. V. her Cit 'ttom•y Moved by: Commissioner Holmes Seconded by: Vice Mayor Johnson Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 2912470 vl i se Q` 'a.../ 4.J�.-.r.�.f MT taw` M 40 tic I * ,% , .0 t.1/4,711 a/ Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Com 'ssioner Gail Miller I FROM: arance Patterso ,- ity an g r DATE: January 4,2011 RE: Approval to Issue RFP for VENDING MACHINE SERVICES Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA AUTHORIZES THE ISSUANCE OF RFP FOR VENDING MACHINE SERVICES FOR THE CITY. Description: The City is requesting proposals from qualified contractors to provide Vending Machine Services. This facility will service employees, as well as the public. Currently there is no such facility in the building. Financial Impact: These vending machines will be installed at no cost to the City. The City will enter into a profit sharing agreement with the selected vendor. Implementation Timeline: Immediately Legislative History: None. Recommendation(s): Staff recommends approval. Analysis: N/A. Attachments: RFP PREPARED BY: Finance Department City of Opa-locka iiiipow.Lock , o 70.0.0,,,••••°"..' 0 iii- Jill . 0 , jp Aal fie RFP No. REQUEST FOR PROPOSAL VENDING MACHINE SERVICES CITY OF OPA LOCKA 780 FISHERMAN STREET OPA LOCKA, FLORIDA 33054 OP 4 \ CITY OF OPA-LOCKA O ? p o Advertisement for Request for Proposals RFP NO: VENDING MACHINE SERVICE Proposals for VENDING MACHINE SERVICE will be received by the City of Opa-Locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, at PM. Any proposals received after the designated closing time will be returned unopened. The purpose of this Request for Proposals is to seek service of a qualified professional contractor to provide VENDING MACHINE SERVICE to the City of Opa-Locka. An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD's in PDF format of the proposal shall be submitted in sealed envelopes/packages addressed to Deborah S. Irby, City Clerk, City of Opa-Locka, Florida, and marked VENDING MACHINE SERVICE. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO: requirements may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFQ /PROPOSALS" located on the right hand side of the screen and follow the instructions). The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO. requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Deborah S. Irby City Clerk Dated: Published: VENDING MACHINE SERVICE SECTION I 1.1 Introduction: The City of Opa-Locka is requesting proposals from qualified contractors to provide for the City of Opa Locka's VENDING MACHINE SERVICE. 1-2. Proposal Submission and Withdrawal: The City must receive all proposals in a sealed envelope by . The proposals shall be submitted at the following address: CITY OF OPA-LOCKA Office of the City Clerk 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 To facilitate processing, please clearly mark the outside of the proposal package as follows: RFP NO.— . This package shall also include the Proposer's return address. Proposers may withdraw their proposals by notifying the City in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the CITY and will not be returned to the Proposer. The City cautions proposers to assure actual delivery of mailed or hand-delivered proposals directly to the City Clerk's Office at 780 Fisherman Street, 4th Floor, Opa- Locka, Florida 33054 prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (305) 953-2800 before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Proposer(s). 1-3. Number of Copies: Proposers shall submit an original and five (5) copies total of six (6) copies of the proposal in a sealed, opaque package marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 1-4. Development Costs: Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this Request for Qualifications. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-5. Inquiries: Interested Proposers may contact the City's Purchasing Officer regarding questions about the proposal by telephone at (305) 953-2868 x1307 or by facsimile at (305) 953-2900. The City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFP, until eight (8) days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Proposers to various portions of the RFP NO. so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFP NO. or give information as to the requirements of the RFP NO. in addition to what is contained in the written RFP NO. document. Page 13 VENDING MACHINE SERVICE 1-6. Addendum: The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may mail written addenda up to seven (7) calendar days before the date fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP NO. opening will not be binding. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City's Purchasing Agent through written communication prior to the opening of the proposals. 1-7. Contract Awards: The City anticipates entering into an Agreement with the Proposer who submits the proposal judged by the City to be most advantageous. The Proposer understands that this RFP NO. does not constitute an offer or an Agreement with the Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff, the best proposal has been identified, approved by the appropriate level of authority within the City and executed by all parties. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. 1-8. Contractual Agreement: This RFP NO. shall be included and incorporated in the final award. The order of contractual precedence will be the Contract or Agreement document, original Terms and Conditions, and Proposer response. Any and all legal action necessary to enforce the award will be held in Miami-Dade County and the contractual obligations will be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by the Proposer must be attached and enclosed as part of the proposal. 1-9. Selection Process: The proposals will be evaluated and assigned points. The contractor with the highest number of points will be ranked first; however, nothing herein will prevent the City from assigning work to any contractor deemed responsive and responsible. The City reserves the right to further negotiate any proposal, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer, the City reserves the right to negotiate and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached. 1-10. Public Records: Upon award recommendation or ten (10) days after opening, whichever occurs first, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. Document files may be examined, during Page 14 VENDING MACHINE SERVICE normal working hours. 1-11. News Releases: The Proposer shall obtain the prior approval of the City Manager's Office of all news releases or other publicity pertaining to this RFP NO. or the service, study or project to which it relates. 1-12. Insurance: The awarded Proposer(s) shall maintain insurance coverage reflecting at least the minimum amounts and conditions specified herein. In the event the Proposer is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposers' insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing Agreement. 1. Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence/ $2,000,000 Aggregate (Including Policy Number and Policy Period); 2. Evidence of Auto Liability coverage with limits not less than $1,000,000 per Occurrence/$1,000,000 Aggregate (Including Policy Number and Policy Period); 3. Evidence of Workers' Compensation coverage with statutory limits and Employer's Liability coverage with limits not less than $100,000 (Including Policy Number and Policy Period); 4.The City listed as an additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); 5. Minimum 30-day written notice of cancellation. 1-13. Licenses: Proposers, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFP NO. submittal. The proposal of any Proposer who is not fully licensed and certified shall be rejected. 1-14. Public Entity Crimes: Award will not be made to any person or affiliate identified on the Department of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFP NO. proposal forms, Proposer attests that they have not been placed on the "Convicted Vendor List". Page 15 VENDING MACHINE SERVICE 1-15. Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-Locka or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the City of Opa-Locka. 1-16. Drug-Free Workplace: Preference shall be given to businesses with Drug-Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1-17. Permits and Taxes: The Proposer shall procure all permits, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of the work. 1-18. Protests: Protests of the specifications and other requirements of the Request for Proposals must be received in writing by the City Clerk's Office at lease ten (10) working days prior to the scheduled bid opening. A detailed explanation of the reason for the protest must be included. Protests of the award or intended award of the bid or contract must be in writing and received in the City Clerk's Office within seven (7) working days of the notice of award. A detailed explanation of the protest must be included. 1-19. Termination for Convenience: A contract may be terminated in whole or in part by the City at any time and for any reason in accordance with this clause whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor at least five (5) working days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made (if applicable) for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. 1-20. Term of Agreement: It is the intent of the City to award an Agreement for a one (1) year term to begin upon approval and execution by the City, with the opportunity to extend the Agreement for up to four (4) one year renewal periods upon mutual agreement of the parties, up to a cumulative total of five (5) years as determined to be in the best interest of the City. The City reserves the right at its own discretion to choose multiple Contractors to accept primary placements. Page I 6 VENDING MACHINE SERVICE SCOPE OF WORK BACKGROUND: The City currently has several beverage/snack VENDING MACHINE SERVICE located in various City buildings. The request is for machines to be located in 780 Fisherman Street, Opa Locka, Fl 33054 1st floor. The Agreement(s) will encompass product sales primarily through VENDING MACHINE SERVICE and, if available and at the option of the City, case sales and/or other beverage sales operations. In addition to soft drinks, the City desires a wide variety of beverages to be provided by the Vendor including individually bottled water, tea-based products, pre-packaged coffee-based products, fruit juice drinks or fruit juice-based products, isotonic "sports drinks", carbonated beverages and snacks. The proposal shall provide a comprehensive plan demonstrating the proposer's commitment to the success of this contract. It shall include a plan for communication, planning and performance review as well as procedures and plans for daily operational issues such as equipment servicing, re-stocking, maintenance response time, refund policy and other relevant issues. The proposal shall also include proposed procedures and reports to be used in monitoring the performance of the beverage vending operation on an ongoing basis. Proposals should address the following topics, but proposers are free to suggest additional measures: Recording, verifying and reporting revenue Sales activity and projections Marketing/promoting activity SCOPE OF SERVICES: FULL SERVICE VENDING 1. MACHINES/ EQUIPMENT 1.1 The successful Vendor shall furnish and install high quality beverage VENDING MACHINE SERVICE and all related equipment. The machines shall be energy star compliant, modern, of the latest mechanical/electronic technology and be in new or near new condition. In no case shall machines older than two (2) years be installed. 1.2 Submit a list of equipment available for use by the City under this contract. At a minimum, the data provided shall include, for VENDING MACHINE SERVICE, the makes and models of equipment, year of manufacture, capacities, numbers of selections, machine enhancements, such as dollar Page 17 VENDING MACHINE SERVICE bill changer, energy star rating and saving devices, etc. In addition, include information regarding premix dispensers, portable soft drink bars for special events and any other equipment directly related to the sale of products as described in this RFP. 1.3 Machines provided shall be quiet and non-disruptive to the activities occurring in City facilities, and shall be aesthetically acceptable to the City. To maximize the potential of each location, machines provided must be of adequate size and capacity to maintain full and uninterrupted service at all times. Machines shall be capable of holding and dispensing a variety of products and sizes. The machines will vend either recyclable plastic bottles or recyclable cans; glass containers are not acceptable. 1.4 Machines provided shall operate on AC-110 volts with a three-wire, three- prong ground type plug. All machines shall be UL listed, designed, constructed, installed and operated in accordance with City, State and Federal codes and regulations for this type of equipment. 1.5 All machines shall show the Vendor's name, a local service telephone number for reporting of machine malfunctions, the person or office within the Vendor's organization responsible for refunds, and regular days of the week for re-stocking of the machines. In addition, for identification purposes, each machine shall have serial or I.D. numbers that are visible and easily located. 1.6 All machines shall be equipped to accept legal U.S. tender, be equipped with dollar bill validation capabilities, and payment mechanisms which accept combinations of dollar bills, nickels, dimes and quarters. In addition, each machine must have bill change capabilities. 1.7 To ensure accurate record keeping, all machines shall be equipped with non-resettable counters, which indicate unit sales. If multiple products are dispensed from the same machine, a separate dispensing counter is required for each separate commission rate dispensed. At the time of initial installation of the machines, Vendor shall ensure that each vending machine counter(s) are set to zero and verified by the City's designated Contact Manager. 1.8 The machines will be operated by the Vendor in such a way as to fully comply with all federal, state and local laws, as well as City policies. Should any federal, state, or city ordinance, regulation or policy change during the life of the contract, the Vendor will be expected to comply with these changes. Page 18 VENDING MACHINE SERVICE 2.0 SIGNS AND LOGOS 2.1 Submit color copies of all signage and company images intended to be placed on machines, cups or on City property. The City may reject machine signage or logo if deemed objectionable or a distraction to the activities occurring in the vicinity. 3.0 LOCATIONS 3.1 The City will work with the successful Vendor to designate optimum placement of machines. Relevant business information regarding the locations will be provided to proposers. Should proposers need additional information regarding prospective machine placements, it is their responsibility to request such information. 3.2 The City makes no representation regarding availability of any location or of the number of machines that may be placed at any location, and may occasionally direct that machines be removed from selected locations. The number, type, and location of beverage VENDING MACHINE SERVICE will be adjusted on occasion by mutual agreement, in writing, between the City and the Vendor. 3.3 The City reserves the right at any time to require the Vendor to remove, relocate, or place additional VENDING MACHINE SERVICE and related equipment at existing and/or new locations to meet new or unanticipated requirements that might become known during the term of the Agreement. The Vendor shall provide and install additional machines at no charge to the City. In addition, the City may request that a machine be exchanged at any time. Should the Vendor wish to relocate, exchange, or remove VENDING MACHINE SERVICE, a request must be submitted in writing to the City Representative. 4.0 UTILIITIES 4.1 The City shall provide existing electrical outlets in the general vicinity of the machines at no charge. In addition, the City will pay for electrical consumption required to operate machines installed under the Agreement. If additional infrastructure is required for additional machines, the Vendor shall be responsible for all costs incurred in any expansion in vending machine opportunities. The City must approve any expansion, prior to project inception. Page 19 VENDING MACHINE SERVICE 5.0 INSTALLATION/REMOVAL OF EQUIPMENT 5.1 Installation, service and removal of VENDING MACHINE SERVICE and related equipment shall be the sole responsibility of the Vendor at no additional cost to the City. 5.2 Upon installation, the successful Vendor shall furnish the City Representative with a list of machines by location, indicating machine capacity, product selection and size, serial numbers, and date of installation. 5.3 Vendor will install and secure machines in a manner that meets City code and has been approved by the City prior to machine placement. 6.0 EQUIPMENT DAMAGE 6.1 Vendor shall assume all risk and responsibility for any loss, destruction, or damage occurring to the machines or other vending equipment. In the event of any loss due to theft, fire, accident, disruption of utility services, vandalism, spoilage or other similar causes from said machines, the loss shall be borne by the Vendor. Machines provided shall be equipped with anti-theft technology. 7.0 SERVICE OF MACHINES 7.1 Service will be maintained by the Vendor on a 24-hour, seven-day-a-week basis. Generally, the City expects that service calls will be responded to within four (4) hours after notification of need during the period of 7:00 am and 4:00 pm on business days. Equipment furnished for special events shall be repaired or replaced in approximately one (1) hour after notification in order to minimize the losses from sales from these events. Vendor will furnish the City Representative with a service number that will allow for service outside of the normal servicing times. 7.2 Preventative maintenance and repair of VENDING MACHINE SERVICE and related equipment shall be the responsibility of the Vendor in terms of expense and response time. The Vendor will conduct routine service and inspection of machines, as required and posted on the front of the machine so as to maintain uninterrupted service at all times. Page 1 10 VENDING MACHINE SERVICE 7.3 Vendor shall be responsible for the physical inventory, inventory control, and filling of machines. The Vendor shall make every effort to re-stock machines at times that will not conflict with peak usage times. Product delivery shall be made on a mutually agreed upon schedule at each location. No inventories will be maintained at any City locations. 7.4 Trained, qualified personnel identified by a clearly marked and openly displayed company insignia and/or uniform will perform all service. In addition, all such persons shall carry company issued photo identification and shall present such documents to anyone on request. 7.5 The Vendor shall comply with all Federal, State, and City regulations governing the procurement, preparation, storage, transport, handling and serving of all items for consumption under this contract. In addition, the Vendor shall keep in effect all necessary licenses and permits required by law and agrees to post such permits in a prominent place as may be required by law. 7.6 Vendor shall keep the machines in a clean and sanitary condition. This requirement includes interiors, exteriors, tops, and the areas under the machines. 8.0 PRODUCTS TO BE DISPENSED 8.1 The City desires a wide variety of beverages/snacks to be provided by the Vendor including soft drinks, bottled water, tea-based products, pre- packaged coffee-based products, fruit juice drinks or fruit juice-based products, isotonic "sports drinks", and carbonated beverages. It is requested that healthy snacks shall be priced lower than regular snacks at all locations. The beverages that will be dispensed shall be determined by what is proven to result in the highest sales at a particular location based on actual and projected customer demand. Once the City has approved the initial product line offered, the Vendor will be allowed to add or delete products with prior written approval from the City Representative. The City reserves the right to request that a product be replaced at any time. Page 111 VENDING MACHINE SERVICE 8.2 Provide a recommended product sales mix for all products intended for sale under the proposed contract. Separate explanations should be submitted for each type of sales as listed below: 1) Provide a complete list of products intended to be vended through this contract. The proposal shall include the following information: a. Product name (include all flavors as applicable) b. Product sizes 2) Provide a complete list of products intended to be sold by case sales. The proposal shall include the following information: a. Product, including all flavors available b. Product size c. Number of units per case 9.0 PRODUCT SIZES 9.1 The specific products and the size of the products that will be sold from a specific machine will be determined by the Vendor and the City based on the appropriateness of the product, location of the machine and sales projections. 10.0 CASE SALES 10.1 Although the City anticipates that most sales will be generated through VENDING MACHINE SERVICE, a small percentage may be generated directly by case sales. Any product authorized by the City to be sold in VENDING MACHINE SERVICE or additionally requested by the City can be sold through case sales. Case sale prices shall be included in proposal. See Attachment A. 11.0 CONTRACT MANAGEMENT: 11.1 The City's Facilities and Fleet Manager will represent the City in the implementation of the agreement that will result from this RFP. The successful Vendor will work closely with the City's Facilities and Fleet Manager to ensure that all aspects of the Contract are executed with the utmost efficiency and professionalism. Page 112 VENDING MACHINE SERVICE 11.1.1 PRODUCTS After the initial product line is approved, the City's Facilities and Fleet Manager must approve any new product or dispensing size. 11.1.2 PRICE INCREASES Any adjustments in unit prices or commission rates shall be negotiated between the City and the Vendor. 11.1.3 MACHINES Placement of additional machines, removal and/or relocation of existing machines must be approved and coordinated by the City's Facilities and Fleet Manager. Machine placement must comply with Fire Marshall and safety regulations. 11.1.4 ADVERTISING Any signage, logo, promotions, promotional material or anything that the City may construe as advertising intended to promote sales must be approved by the City's Facilities and Fleet Manager before distribution or placement. 12.0 ACCOUNTING REQUIREMENTS: 12.1 The Vendor shall maintain complete and accurate records of vending transactions including collections and inventories of both merchandise and equipment in accordance with the accepted industry standards, and will keep financial records related to any Agreement resulting from this RFP for a period of three years after the close of each year's operation. 12.1.1 REPORTING: a. COMMISSIONS Vendor shall remit the monthly commission due to the City on or before the fifteenth (15th) business day following the end of the month just ended. In support of each commission check issued, the Vendor is required to attach an itemized statement indicating: b. FOR EACH LOCATION Gross dollar sales and commissions. Indicate separate calculations for each commission type. Net sales and commissions. Indicate separate calculations for each commission type. c. FOR EACH MACHINE Counter readings —indicating beginning and ending counter readings. Page 113 VENDING MACHINE SERVICE Explanation of counter discrepancies resulting from malfunctions or repairs to the machines. Unit sales for each type of product sold in each machine. 12.2 PRICING: 12.2. The proposer shall include in its proposal a vending price structure that will stimulate sales and maximize revenue to the proposer and the City. The proposer must provide a pricing analysis which demonstrates the optimal pricing structure within the City. Pricing of products shall be mutually agreed upon during the negotiation of the final terms and conditions of the Agreement. Pricing will remain firm for the first year of the contract. Any adjustments in unit prices will be negotiated between the successful Vendor and the City. 12.3 TAXES: The Vendor shall be responsible for remission of all taxes -federal, state and local -and all license fees, or any other necessary expenses to the operation under the Contract and should conform to all laws, regulations, and ordinances applicable to the performance of this Contract. 12.4 COMMISSIONS: The City makes no guarantees as to the amount of product that will be sold within a fiscal year. Under no circumstances will the City be required to sell a minimum amount of product in order to receive the commissions or other financial and/or non-financial benefits agreed upon. 12.4.1 COMMISSIONS The City will consider two options for payment of commissions. Please provide a rate structure for each. Each proposal shall clearly define the fee to be paid and the basis for its calculation. Alternatives include: Option 1: Commission: A sum equal to a fixed percentage of gross retail sales and paid on a monthly basis. Option 2: Flat Rate Plus Commission: A minimum fixed sum of money payable on a monthly basis and a fixed percentage of gross retail sales combined. Page 114 VENDING MACHINE SERVICE 12.4.2 LOST SALES The Vendor acknowledges that the Vendor is responsible for and is taking all risk with respect to any reduction of Gross Sales due to theft, fire, accident, vandalism, temporary loss of power, weather, acts of God, temporary or permanent site closures, changes to site or facility construction plans, other acts beyond the City's control, actions within the City's control that are taken in the best interests of the public and/or any other taken in the reasonable exercise of the City's discretion. Unless otherwise expressly agreed by the City, no reduction in Gross Sales attributable to such factors shall constitute a basis for reducing or renegotiating any annual commission guarantees, or any other payments to the City. 12.4.3 PAYMENT PROCEDURE Vendor shall pay the City all amounts due on or before the fifteenth (15th) day following the month just ended. In support of each check issued, Vendor is required to attach to each commission check an itemized statement as described in the "Reporting" section, paragraph 1. For payments made after the due date, the Vendor shall pay interest of one and one-half percent (1.5%) per month of the total commissions due. 12.5 CONTRACT PERIOD: Any contract resulting from this proposal shall be effective from the date of award for a period of two (2) years. The City reserves the right, under the same terms and conditions in this RFP, to extend the contract for an additional three (3) years not to exceed a total of five (5) years from the date of the original award. Page 115 VENDING MACHINE SERVICE 13.1 .EVALUATION CRITERIA The City of Opa-locka will compare and evaluate all Proposals in order to determine the Proposal which is most advantageous to the City, using the following criteria: (a) PRICE PROPOSAL The City will consider the proponent's price proposal in terms of accuracy, completeness, value, local market and substantiated industry standards 65 pts (b) EXPERIENCE The City will consider the proponent's past experience in undertaking similar projects in type, scope, and budget and complexity 20 pts (c) SCHEDULE The City will consider the Proponent's proposed project timeline inclusive of mobilization, and completion 15pts The City will consider the proponent's complete submittal and all other relevant information to conduct the evaluation mentioned herein. For all requests for clarification please contact Mrs. Rose McKay at (305) 953- 2868 Page 1 16 VENDING MACHINE SERVICE 4 \C a a > a u P RFP NO. PROPOSER QUALIFICATIONS The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Contractor's Occupational License in the area of their fixed business location. The following information MUST be completed and submitted with the proposal to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Phone/Fax: 2. Check One: Corporation ( ) Partnership ( ) Individual ( ) 3. If Corporation, state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such authorization: 5. Name and Title of Principal Officers Date Elected: 6. The length of time in business: years 7. The length of time (continuous) in business as a service organization in Florida: years 8. Provide a list of at least five commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-Locka specification, during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the proposers will be analyzed by the City of Opa- locka and will be a factor considered in awarding any resulting contract. The purpose is to insure that the Contractors, in the sole opinion of the City of Opa-Locka, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Page 1 17 VENDING MACHINE SERVICE CITY OF OPA-LOCKA OQp.LOCkC CERTIFICATION REGARDING DEBARMENT, SUSPENSION e : i t• PROPOSED DEBARMENT AND OTHER MATTERS OFRESPONSIBILITY U�Q 1. The Pro. ser certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1- B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. Page 1 18 VENDING MACHINE SERVICE B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Proposer's responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer non- responsive. D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS CONTRACTOR COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 1 19 VENDING MACHINE SERVICE CITY OF OPA-LOCKA ° DRUG-FREE WORKPLACE CERTIFICATION FORM U oge1°9 Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by the (Name) of (Title/Position) (Company) who does hereby certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Date Signature Page 120