1-265X901174 Vending Machine Services for DPS.pdf

Simplified Request for Proposals

Vending Machine Services for DPS

265X901174

ISSUE DATE: 05/07/2026

Due on or before 12:00 PM ET on 05/21/2026

BUYER OF RECORD: Jennifer Sherman at jennifer.sherman@cincinnati-oh.gov

COMMODITY CODE(S): 96115 – Concessions, Catering, Vending

REQUESTING AGENCY: Department of Public Services (DPS)

ACCEPTANCE PLACE: https://cincinnati-oh.bonfirehub.com/

All proposals must be submitted electronically via the City’s Bonfire portal at the above link. Responses submitted by hard copy, mail, or e-mail will not be accepted.

See “RFP Submissions” for more details.

Office of Procurement Two Centennial Plaza

805 Central Avenue, Suite 234 Cincinnati, Ohio 45202-1947 https://cincinnati-oh.bonfirehub.com/

The City of Cincinnati has implemented a simplified RFP process for contracts valued at $50,000 or less for the engagement term. This process streamlines and standardizes scoring evaluation criteria and submission requirements to achieve greater transparency for the vendor community and improves the efficiency of contract execution for the successful offeror.

Table of Contents

I. REQUEST – Page 3

II. CONTENT AND FORM OF SUBMISSIONS – Page 9

III. REQUIRED & MISCELLANEOUS FORMS – Page 10

IV. CONTRACT TERMS AND CONDITIONS – Page 11

I. REQUEST

INTRODUCTION

The City of Cincinnati, Ohio, (hereinafter referred as “City”) is issuing this Request for Proposals (hereinafter "RFP") pursuant to the provisions of the Cincinnati Municipal Code (CMC), Chapter 321, from parties, (hereinafter "Offerors). The Offeror shall provide the Department of Public Services (DPS) with vending machine services.

SCOPE OF SERVICES/SPECIFICATIONS

DPS is seeking proposals from qualified vending machine vendors to provide convenient and reliable access to food and drinks for employees and visitors. The goal is to provide accessible and diverse snack and beverage options throughout several DPS facilities.

With the increasing demand for healthier choices, cashless payment systems, and energy efficient equipment, it is critical to partner with vendors who can meet current expectations and align with our operational standards.

Soliciting vending machine vendors through a transparent and competitive process will help ensure the following:

• Variety and Quality: Availability of both traditional and healthier food and beverage options to accommodate a diverse set of preferences and dietary needs.

• Reliability and Service: Regular maintenance, prompt restocking, and responsive customer service to minimize downtime and user inconvenience.

• Modernization: Use of smart vending technology, such as card/mobile payments, inventory tracking, and energy-efficient machines.

• Accessibility: Placement of machines in strategic locations to serve high-traffic areas and promote equitable access.

By initiating a vendor selection process, DPS aims to ensure a high standard of service delivery, while also fostering fair competition and encouraging innovation among potential vendors.

The intent of DPS is to award a contract with the following specific requirements:

• Revenue Model: The vending machine operator will retain all proceeds from the vending machines. DPS intends to expend no City funds on the purchase, rental, installation, and maintenance of any vending machine. All responsibilities and costs will be covered by the vending machine operator.

• Credit Card Capabilities: All vending machines must be equipped with credit card payment capabilities that do not require access to the City's Internet network. Tap and phone technology option preferred.

• Infrastructure Costs: No infrastructure work or costs are authorized under this contract. If the City Department desires vending machines in a location that requires any infrastructure work, that department will be responsible for completing the necessary work outside of this contract prior to the installation of the vending machines.

• Machine Specifications: The vending machines must be new and offer a variety of healthy snacks and beverages. A mix of perishable and non-perishable items is desired, including options suitable for individuals with dietary restrictions.

Licenses and Permits: The vending machine operator must possess and maintain all necessary licenses and permits required to operate vending machines in the City of Cincinnati. This includes licenses for selling perishable items and those requiring temperature control.

LOCATION

20 oz.

soda/juice machine

12 oz. soda machine

Combination Soda/Juice/Sports

Drink Snack/Candy

# Of people in the building

Fleet Services, 1106 Bates Avenue, 45225

1 1 35

Director’s Office, 1115 Bates Avenue, 2nd Floor, 45225

1 1

35, plus Three Large Conference

Rooms for Meetings

TROD, 5150

Crookshank Road, 45238

1 1 30

TROD, 4635 Red Bank Road, 45227

1 1 30

NOD. 3320 Mill Creek Road, 45223

1 1 1 191

Parking Facilities, 300 W.

6th Street, 45202

1 1 37

Traffic Aids, 3333 Central Parkway Avenue, 45202

1 1 30

TERM

The City intends to award a contract with an initial term of five (5) years, with an option to renew for up to five

(5) additional one-year terms, at the discretion of the City.

TIMETABLE

Milestones for the process are: Date

1. Release of RFP 05/07/2026

2. Deadline for written questions 05/14/2026

3. Submissions Due in Bonfire 05/21/2026

LATE SUBMISSIONS WILL NOT BE ACCEPTED

4. City initiates negotiations with preferred Offeror (approx.) TBD

QUESTIONS CONCERNING THE RFP

All questions or requests for clarification must be submitted in writing no later than May 14, 2026, at 12:00 PM ET. Questions and clarification requests may be emailed to the buyer of record indicated on the cover page of this RFP or submitted through the Bonfire portal at https://cincinnati-oh.bonfirehub.com/. If emailing, please reference “265X901109, Vending Machine Services DPS” in the subject field of the message. Questions received after the designated period may not be considered. Any response made by the City will be provided in writing via Addendum.

Offerors are strictly prohibited from contacting any other City employees or any third-party representative of the City on any matter having to do with this RFP. All communications regarding this RFP must be made to the City’s contact person, or any other City representatives designated by the Chief Procurement Officer in writing.

RFP SUBMISSIONS

The Offeror shall develop a written response to this RFP structured to comply with Section II of this RFP.

While each submission will be considered objectively, the city assumes no obligation to accept to take action on any submission. The City assumes no liability for any costs incurred in preparing or submitting any submission.

Responses to this RFP must be submitted through the City’s Bonfire portal at https://cincinnati-oh.bonfirehub.com/. Responses submitted by hard copy, mail, or e-mail will not be accepted.

Important notes:

• Logging in and/or uploading your file(s) does not mean your response is submitted. Offerors must successfully upload all file(s) and must click the submit button before closing time.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. This will confirm that you have successfully submitted your response.

• If a requested file is mandatory, you will not be able to complete your submission until the requirement is met.

• Uploading large documents may take time, depending on the size of the file(s) and your internet connection speed.

• Please note the type (.doc, .pdf, etc.) and number of files (one only or multiple) allowed. The maximum file size for upload is 1,000 MB. Please do not embed any documents within your uploaded files as they will not be accessible or evaluated.

For technical questions or issues related to your submission, please contact Bonfire directly at support@gobonfire.com or 1 (800) 354-8010, ext. 2. The support team is available Monday-Friday, 8:00 a.m. – 8:00 p.m. ET. You can also visit their help forum at https://bonfirehub.zendesk.com/hc.

Submissions can be withdrawn at any time until the deadline date, at which time submissions will be considered firm and become the property of the City and will not be returned. Offeror must login to Bonfire to withdraw their submission through the system. If resubmitting, Offeror is responsible for submitting prior to the closing time and receiving a new email confirmation receipt. By responding to this RFP, Offerors waive any challenge to the City’s decisions.

EVALUATION CRITERIA

• Experience – 15 Points: Firm Qualifications, Project Manager/Team Experience, and two references for projects similar to the Scope of Work/Specifications.

• Approach – 35 Points: Ability to meet schedule, Demonstrated Understanding of the Project, and Implementation plan including technical considerations.

• Cost – 25 Points: Total cost to the City.

• Economic Inclusion – 25 Points: Offeror is a City of Cincinnati Department of Economic Inclusion Certified M/W/SBE or is partnered with a City of Cincinnati Department of Economic Inclusion Certified

M/W/SBE

mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc

SELECTION PROCESS

Selection of a preferred Offeror(s) and subsequent award(s) of contract(s) will comply with City Administrative Regulation No. 23 and the Cincinnati Municipal Code (CMC). The City will award a contract(s) to the successful Offeror(s) considering the total requirements for this procurement and what is “Most Advantageous to the City” in accordance with CMC Chapter 321.

The City’s Evaluation Committee will consist of subject matter expert(s) from the requesting department, who will review and evaluate the Experience and Approach of all properly submitted proposals/statements of qualification that are received on or before the deadline. In addition, the Buyer of record from the Office of Procurement will evaluate Cost, and the Department of Economic Inclusion will evaluate Economic Inclusion criteria. The Selection Committee will submit its finding to the Chief Procurement Officer as to which response(s) they deemed “Most Advantageous” to the City taking into consideration all evaluation factors set forth herein.

The Chief Procurement Officer will review all requirements and evaluation scores, considering the recommendation from the evaluation committee and make the award(s) for the City pursuant to CMC Section 321-65.

The City reserves the right to ask for additional information and clarification from or about any or all of the Offerors. The City may require selected Offerors to make an oral presentation of their submission.

PROCESS FOR ENTERING INTO AGREEMENT

The Offeror(s) whose submission(s) is/are found to be the "Most Advantageous" to the City of Cincinnati will be offered the opportunity to negotiate with the intent to enter into an Agreement with the City. The scope, terms and conditions of that Agreement shall be in substantial conformance with the terms, conditions and specifications described in this RFP and with the proposal that is submitted by the Offeror(s) whose submission(s) is/are found to be the "Most Advantageous" to the City.

Offerors should be prepared to begin contract negotiations upon submitting. If the Offeror is not able to begin contract negotiations, the City may disqualify that Offeror.

The City reserves the right to negotiate the Agreement to include any portion or portions of the services described in this RFP. The City reserves the right to reject any and all responses in total or by components.

The City reserves the right to make one total award, one award for each section, multiple awards, or a combination of awards, and to exercise its judgment concerning the selection of one or more submissions, the terms of any resultant agreement(s), and the determination of which, if any, submission(s) is/are Most Advantageous to the City, as a result of this RFP process.

ADDITIONAL INFORMATION

The City reserves the right to check all references furnished and consider responses received in determining the award.

The City reserves the right to perform investigations as may be deemed necessary by the City to assure that competent persons will be and are utilized in the performance of the Agreement and to verify the accuracy of the contents of proposals.

The City publishes information on the City of Cincinnati Internet web site at www.cincinnati-oh.gov, which includes the Cincinnati Municipal Code.

PREVENTING UNFAIR COMPETITIVE ADVANTAGES

Fairness and transparency in the procurement process require that Offerors competing for a specific project do not derive a competitive advantage from having provided services related to the project/contract/work assignment in question. To that end, pursuant to Administrative Regulation No. 62 and the City’s RFP Manual, a http://www.cincinnati-oh.gov/ firm, and each of its affiliates, hired to provide services for the preparation or implementation of a project shall be disqualified from any subsequent procurement solicitation to provide goods, works, or services resulting from or directly related to the firm’s services for such preparation or implementation, unless an exception is made by the City Manager in writing.

PUBLIC RECORDS REQUIREMENTS

By submitting this response, Offeror acknowledges that the City is governed by the Ohio Public Records Laws.

Notwithstanding any statement to the contrary, the City’s handling of any confidentiality obligations is subject to the limitations of this paragraph. Offeror’s submission may be subject to disclosure under the Ohio Public Records Laws. The City shall have no duty to defend the rights of Offeror or any of its agents or affiliates in any records requested to be disclosed. Confidential proprietary material must be clearly identified by the Offeror as "trade secret" and easily separable from the rest of the submission. The Offeror recognizes and agrees that the City is not responsible or liable in any way for any losses that the Offeror may suffer from the disclosure of information or materials to third parties.

Upon receipt of a public records request for which any document clearly marked by Offeror as “Trade Secret” is responsive, the City will notify Offeror of its intent to release records to the requestor. Offeror shall have a maximum of five (5) business days beginning with the date it receives notification to respond to the City by either accommodating the requestor or pursuing legal remedies to stop the City’s release of requested information.

Said notification shall relieve the City of any further obligation under any claim of Offeror or any of its agents or affiliates in any jurisdiction in connection with the disclosure of such records. Offeror and its agents and affiliates shall have the right to pursue legal and/or equitable remedies to stop or limit disclosure at their sole expense.

CONTRACTOR REGISTRATION

The Offeror awarded the contract shall be a registrant under Vendor Self Service (VSS) at time of award. Go to https://vss.cincinnati-oh.gov/vssprod/Advantage4 to register.

TAXPAYER IN GOOD STANDING

Vendors awarded a contract should be a Taxpayer in Good Standing with the City of Cincinnati. To verify your firm’s standing and receive a verification letter, contact the city’s Income Tax Division. The Taxpayer in Good Standing Request form can be found at https://docs.cincinnati-oh.gov/form/coc/TaxpayerGoodStanding. Please allow three (3) business days for processing after receipt of your request.

EQUAL EMPLOYMENT OPPORTUNITY

The Contractor shall be subject to the provisions of the City of Cincinnati Municipal Code Chapter 325, regarding Equal Employment Opportunity (EEO). The EEO Program requires the Contractor awarded the contract to complete and submit a DEI 147 form. The DEI 147 form is designed to provide an evaluation of the Contractor’s policies and practices relating to the extension of equal employment opportunity to all persons without regard to race, religion, color, sex, sexual orientation, gender identification, national or ethnic origin, age, handicap, or Vietnam military service.

AMERICANS WITH DISABILITIES ACT

The City of Cincinnati is committed to supporting the Americans with Disabilities Act. Please contact the City’s Office of Aging and Accessibility if you require any special accommodation.

https://vss.cincinnati-oh.gov/vssprod/Advantage4 https://docs.cincinnati-oh.gov/form/coc/TaxpayerGoodStanding

OFFEROR’S COVENANT OF NON-DISCRIMINATION

Pursuant to the City of Cincinnati’s policy of non-discrimination, specifically in its purchasing and contracting practices and as a condition of contract award, we covenant, represent and warrant that:

• We will not discriminate against small business enterprises on the basis of race, ethnicity, gender or disability in the process of contracting, subcontracting and purchasing;

• We will use good faith efforts to promote opportunities for small business enterprises to participate in and compete for opportunities to the extent of their availability and capacity;

• We will submit to ongoing monitoring by and submittal of reports to the City’s Department of Economic Inclusion;

• We will submit to investigations and/or audits by the Department of Economic Inclusion in connection with routine monitoring or as a result of specific allegations of discrimination.

II – CONTENT AND FORM OF SUBMISSIONS

Offerors must submit a complete response to this Request for Proposals (RFP) in the format outlined below.

Proposals that do not include the required information or fail to follow the prescribed format may be deemed non-responsive and may not be considered for evaluation.

Submission Requirements

All proposals must be submitted electronically in PDF format. Each proposal must include the following components, clearly labeled and organized in the order listed below:

1. Cover Letter (One Page Limit)

2. Experience (One Page Limit)

• Overview of the Offeror’s history, years in business, and qualifications specific to vending operations.

• A minimum of three (3) references from similar clients, including name, title, organization, contact information, and a brief description of the services provided.

3. Approach (Two Page Limit)

• Specifications and images of proposed vending machines, demonstrating:

• Product list including a mix of:

o Traditional snacks and beverages.

o Healthy items (e.g., low-sugar, low-sodium, whole-grain, etc.).

o Items suitable for dietary restrictions (e.g., gluten-free, vegan, nut-free).

o Perishable and non-perishable options.

• Description of how product selection will be managed and updated to reflect employee and visitor preferences.

4. Cost Proposal (Separate Attachment) (One Page Limit)

• The Cost Proposal must be submitted as a separate PDF attachment, clearly labeled: “Cost Proposal.” This attachment must include:

o Initial product pricing for items proposed.

o Explanation of pricing structure and any potential pricing adjustments over time (e.g., how often price changes may occur, how they will be communicated, and whether pricing caps or limits will apply).

o Confirmation that the vendor will retain all proceeds and cover all costs associated with the purchase, installation, maintenance, and operation of the vending machines, as required under the RFP.

o Any fees associated with maintaining perishable items.

Note: As DPS will not be expending City funds under this contract, no pricing related to rental, utility, installation, or equipment costs should be included. The City will not authorize any infrastructure work under this agreement.

Required and Miscellaneous Forms – Offeror must submit all required forms as indicated in Section III of this

RFP.

Exceptions – Offeror must include a statement indicating compliance with the Terms and Conditions presented in all sections of this RFP.

III – REQUIRED AND MISCELLANEOUS FORMS

Failure to submit all required forms shall result in your submission being deemed non-responsive and not scored.

• ATTACHMENT 1 – Offeror Corporate and Contact Information o REQUIRED WITH SUBMISSION

• ATTACHMENT 2 – Affidavit of Accuracy and Signature Page o REQUIRED WITH SUBMISSION

• ATTACHMENT 3 – Subcontracting Outreach Program o REQUIRED WITH SUBMISSION FOR INCLUSION OF CRITERIA SCORING; IF NOT

SUBMITTED, A SCORE OF 0 POINTS WILL BE GIVEN.

o The “No Goals Inclusion Packet” which includes the applicable forms to be completed and included with the proposal is available at the following webpage: https://www.cincinnati-oh.gov/sites/inclusion/assets/File/No%20Goals%20Pkt.pdf. When on the aforementioned webpage, please click on the weblink called “No Goals Inclusion Packet” to download and access the appropriate forms.

• ATTACHMENT 4 – Equal Employment Opportunity (EEO) Form (DEI147) o INFORMATIONAL USE ONLY.

o Can be submitted with proposal; however, it is not required. This form will be required prior to contract execution. A copy of the form is available at the following webpage:

https://www.cincinnati-oh.gov/sites/inclusion/assets/DEI-147-EEO-Form.pdf https://www.cincinnati-oh.gov/sites/inclusion/assets/File/No%20Goals%20Pkt.pdf https://www.cincinnati-oh.gov/sites/inclusion/assets/File/No%20Goals%20Pkt.pdf https://www.cincinnati-oh.gov/sites/inclusion/assets/DEI-147-EEO-Form.pdf

SECTION IV TO RFP 255X901174

CONTRACT TERMS AND CONDITIONS

The Offeror's response to this Request for Proposal (RFP) will be made as part of the contract with the City.

Terms and Conditions, substantially in the form contained herein, shall be included in the Agreement between the City and the successful Offeror. In this Section, "Offeror" is referred to as "Vendor."

Unless otherwise stated by the Offeror in response to this RFP, the Offeror agrees to the following Contract Terms and Conditions, which will become part of the subsequently negotiated contract.

GENERAL CONDITIONS, INSTRUCTIONS, AND INFORMATION FOR BIDDER

1) General: The Legal Advertisement, General Conditions, Special Conditions, Instructions to Bidders, Specifications, Plans, Profiles or Drawings applying to the original proposal are made a part of the contract.

2) Definitions: The term "City" wherever used in the contract shall mean the City of Cincinnati, the party of the first part, acting through its City Manager or his properly authorized agent.

In the event that the contract is entered into in behalf of an independent board or commission, such as the Board of Park Commissioners, Recreation Commission, Board of Health, etc., wherever the term "City" or “City Manager" is used in the contract, conditions, specifications, or bond, it shall mean whatever independent board is concerned, acting through its president or his properly authorized agent.

The term "Contractor" wherever used in the contract shall mean the party of the second part entering into a contract with the City for furnishing materials, supplies, or equipment, or for the performance of the work set forth herein.

3) Infringements and Indemnification: The Contractor agrees to protect, defend, and save the City harmless against any demand for payment for the use of any patented material, process, article, or device that may enter into the manufacture, construction, or form a part of the work covered by the contract; and the Contractor further agrees to indemnify and save the City harmless from suits or actions of every nature and description brought against it for or on account of any injuries or damages received or sustained by any party or parties, by or from the acts of the Contractor, his servants, or agents.

To this extent the contractor agrees to furnish adequate Public Liability and Property Damage Insurance, the amount of which will be determined by the City, whenever such insurance is deemed necessary. When so required the types and amounts of insurance to be provided shall be set forth in the bid document.

4) Default Provisions: In case of default by the Contractor, the City of Cincinnati may procure the articles or services from other sources and hold the Contractor responsible for any excess costs occasioned thereby.

5) Applicable Laws: The Revised Code of the State of Ohio, the Charter of the City of Cincinnati, and all City ordinances, insofar as they apply to the laws of competitive bidding, contracts, and purchases are made a part hereof. All laws of the United States of America, the State of Ohio and the City of Cincinnati applicable to the products or services covered herein are made a part hereof.

6) Workers' Compensation: Insofar as Workers' Compensation Act is concerned, the Contractor agrees to furnish an official certificate or receipt of the Industrial Commission of Ohio, showing that he has paid into the State Insurance Fund the necessary premiums, whenever such certificates are required by the bid document.

7) Delivery: Unless otherwise stated in the proposal or contract, prices include delivery to the destination designated in the contract and include all charges for delivery, packing, crating, containers, etc.

8) Taxes: State and local governments no longer need to be certified under the Internal Revenue code but are automatically exempt from excise tax, therefore, the City's Certificate of Registry Number is no longer needed.

The Office of Procurement will continue to issue the exemption certificates upon request.

9) Cash Discounts: Time in connection with cash discounts offered, will be computed from date of delivery and acceptance at final destination or from date properly executed invoice is received, if the latter date is later than the date of delivery and acceptance.

10) Invoices: Must be prepared upon the standard invoice of the Contractor.

11) Payments: Partial payments may be made upon presentation of a properly executed invoice unless otherwise stated in the contract. The final payment will be made by the City when the materials, supplies, equipment or the work performed has been fully delivered or completed to the full satisfaction of the City.

12) Policy of Non-Discrimination:

a) Disability: The City of Cincinnati does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its programs or activities. The Director of Personnel has been designated to coordinate compliance with the non-discrimination requirements contained in Section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act (ADA), and the rights provided thereunder, are available from the ADA coordinator, at (513)352-2411.

b) SBE Non-Discrimination Policy: The City of Cincinnati is committed to a policy of non-discrimination pursuant to Section 1 of the Fourteenth Amendment to the United States Constitution and as outlined in the Offeror’s Covenant of Non-Discrimination clause of the bid document, which guarantees equal protection of the laws to all citizens. It is further the policy of the City of Cincinnati that its purchasing and contracting practices not implicate the City as a passive participant in discriminatory practices engaged in by private contractors or vendors who seek to obtain business with the City. In furtherance of these policy objectives, the City seeks to afford to its citizens equal opportunities to do business on City contracts and to ensure that all bidders, proposers, vendors and contractors (collectively referred to herein as “bidders”) doing business with the City provide to businesses owned and controlled by racial minorities and ethnic minorities and women, opportunities to participate on contracts which are paid, in whole or in part, with monetary appropriations from the city of Cincinnati.

13) Ineligible Person(s): Per City of Cincinnati Municipal Code Section 301-20 (Ordinance No. 366-1996), any person or affiliate who is on the City of Cincinnati's Financial Obligation Ineligibility List due to being delinquent in the payment of any financial obligation to the City, any of its Departments, Boards or Commissions, shall not be eligible for any City award. This includes any person or affiliate who is delinquent in paying City of Cincinnati income taxes.

14) Amendment: This Agreement may be modified or amended only by a written agreement duly executed by the parties hereto or their representatives.

15) Entirety: This Agreement and the Exhibits attached hereto contain the entire Agreement between the parties as to the matters contained herein.

Any oral representations or modifications concerning this Agreement shall be of no force and effect.

16) Cooperative Purchasing: The City of Cincinnati and other governmental entities may purchase the commodities indicated contract. Each Entity will issue its own purchasing document based on the contract’s pricing.

ARTICLES OF AGREEMENT

This contract made and entered into by and between the party of the first part and the party of the second part.

WITNESSETH. That the said party of the second part has agreed and by these presents does agree, with the party of the said first part, for the consideration hereinafter named, to furnish all the materials, supplies, equipment, or to do the work necessary to complete in good, substantial and workman-like manner, ready for use in strict accordance with the proposal, specifications, plans, profiles or drawings of the items hereinafter set forth and in accordance with the foregoing terms and general conditions, all of which are made a part hereof.

VENDOR

Contractor is also referred to herein as “Vendor.”

SCOPE OF SERVICES/SPECIFICATIONS

The Vendor shall provide accessible and diverse snack and beverage options throughout several Department of Public Services (DPS) facilities. Specifications are provided in Exhibit A – Detailed Specifications (attached hereto).

INITIAL CONTRACT PERIOD

The materials/services shall be delivered, as ordered during the period beginning on the effective date of the contract and ending five (5) years from the effective date of the Contract.

OPTIONAL RENEWAL PERIOD(S)

At the sole discretion of the City the Contract may be renewed for five (5) additional years ending ten (10) years from the effective date of the Contract.

These options shall be automatically exercised unless written notice to the contrary is filed with either party not later than thirty (30) days prior to the expiration of the current Contract period. Such notice shall be provided in writing.

It is understood and agreed that the Contract may be renewed only under the same conditions governing the original Contract.

TERMINATION

The City may terminate this Agreement at any time for any reason upon thirty (30) days written notice to Vendor.

If, through any cause, the Vendor shall fail to fulfill in a timely and proper manner the Vendor's obligations under this Contract or if the Vendor violates any of the terms and conditions, covenants or agreements of the Contract, if no attempt is made to cure the failure within a period of ten (10) days or a longer period specified in writing, the City of Cincinnati shall have the right to terminate this Contract by giving written notice to the Vendor specifying the effective date of the termination, at least five (5) days before such effective date. Notwithstanding the above, the Vendor shall not be relieved of liability to the City of Cincinnati for damages sustained by the City of Cincinnati by virtue of any breach of this Contract by the Vendor, and the City of Cincinnati may withhold any payments to the Vendor for the purposes of set-off until such time as the exact amount of damages due the City of Cincinnati from the Vendor is determined. Exceptions may be made with respect to the defaults of subcontractors.

QUANTITIES AND DURATION

The quantities listed herein are the City Department(s) or Division(s) listed herein estimated requirements for a twelve (12) month period; however, they shall not govern the actual quantities purchased during the Contract period.

It is estimated that on a time proportionate basis the quantities for an optional renewal period will approximate the quantities listed herein; however, they shall not govern the actual quantities purchased during the optional renewal period(s).

PRICING

The Vendor shall set the retail prices of all items sold through the vending machines, subject to the City’s prior written approval. Prices shall remain competitive with prevailing market rates for similar products. The Vendor shall provide the City with a written list of all prices prior to installation, and any proposed price changes shall be submitted for approval at least thirty (30) days in advance. The City reserves the right to reject any pricing deemed excessive or inconsistent with the goals of the City.

SEND INVOICE TO

Invoices for the City of Cincinnati Department of Public Services must be submitted on the Vendor’s standard invoice and sent to

Department of Public Services

1115 Bates Avenue

Cincinnati, OH 45225

DELIVERY

The material shall be delivered as needed and ordered to the locations listed below:

LOCATION

20 oz.

soda/juice machine

12 oz. soda machine

Combination Soda/Juice/Sports

Drink Snack/Candy

# Of people in the building

Fleet Services, 1106 Bates Avenue, 45225

1 1 35

Director’s Office, 1115 Bates Avenue, 2nd Floor, 45225

1 1

35, plus Three Large Conference

Rooms for Meetings

TROD, 5150

Crookshank Road, 45238

1 1 30

TROD, 4635 Red Bank Road, 45227

1 1 30

NOD. 3320 Mill Creek Road, 45223

1 1 1 191

Parking Facilities, 300 W.

6th Street, 45202

1 1 37

Traffic Aids, 3333 Central Parkway Avenue, 45202

1 1 30

CITY’S OPTION WHEN DELIVERY TIME BECOMES EXCESSIVE

When, in the City’s opinion, delivery time of any item becomes excessive resulting in inconvenience and affecting work, such item may be cancelled and obtained elsewhere.

If it is necessary to use this procedure more than once and such measures have caused serious hardship, the contract may be cancelled.

It is agreed that both options may be taken with no liability to the City.

CERTIFICATION

This Contract involves the expenditure of money only to the extent that requisitions will be made off this contract from time to time by various City Departments during the term of this contract. For that reason, and in the absence of the requisition for immediate performance or delivery off this contract, certification by the Finance Director as to the availability of funds to meet the obligations of each individual requisition off this contract will occur on each individual requisition as such requisitions are made from time to time by various City Departments during the term of the contract. The City asserts the absence of any liability in excess of the amounts so certified.

CHANGE ORDERS

If, by mutual agreement, both parties desire to modify the scope, schedule, budget, or unit pricing of this Contract and the modification is not otherwise described in this contract, a Change Order must be fully executed prior to any of the modifications taking effect or work commencing. In no event shall the City pay any costs above the agreed-upon and prior certified amounts, and the Vendor shall not proceed with any work which has not been authorized in the absence of such a Change Order.

PROMPT PAY

This Contract is subject to, and the Vendor shall comply with, the provisions of Chapter 319 of the Cincinnati Municipal Code that provide for a Prompt Payment System. Upon receipt of a complete and responsive invoice the City shall endeavor to issue payment within thirty (30) days or as provided in the terms or conditions of the contract, provided that, if it is not practicable to do so in the city's sole discretion, payment shall be rendered as soon thereafter as is practicable.

ASSIGNMENT OF CONTRACT

The Vendor shall not assign any interest in this Contract and shall not transfer any interest in the same, whether by assignment, innovation, takeover or pursuant to any other action, without prior written consent of the City Purchasing Agent. In the event the Vendor’s business interests are sold, taken over, or ceases to do business in the ordinary course of business under the conditions of this contract, the City shall be entitled to receive sixty

(60) days prior notice of such actions and equitable compensation for any increase in cost or damage sustained as a result of such action.

ASSIGNMENTS AND SUBCONTRACTING REQUIREMENTS

The Vendor agrees to constantly supervise and monitor personnel to ensure faithful prosecution of the work. The Vendor shall not assign or subcontract the work or any part thereof unless there is prior approval from the City’s Chief Procurement Officer using the Supplies and Services Subcontractor Approval and Substitution Request Form contained herein.

CONFLICT OF INTEREST

A. No officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, nor any immediate family member, close business associate of such officer, employee or agent, or organization which is about to employ any such person, shall have any personal financial interest, direct or indirect, in the Vendor or in this Contract, and the Vendor shall take appropriate steps to assure compliance with this provision.

B. The Vendor agrees that it will not contract with any subcontractor in which it has any personal financial interest, direct or indirect. The Vendor further covenants that no person having any conflicting interest shall be employed in the performance of this Agreement.

C. The Vendor agrees not to engage in activities on behalf of the City that produce a direct or indirect financial gain for the Vendor other than the agreed-upon compensation, without the City's informed, prior, written consent.

CERTIFICATION AS TO NON-DEBARMENT

The Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the transaction covered by this Contract. The Vendor acknowledges and agrees that if it or its principals is/are presently debarred then it shall promptly return to the City any funds received pursuant to this Contract. In such an event, any materials received by the City pursuant to this Contract shall be retained as liquidated damages.

AMERICANS WITH DISABILITIES ACT

The City of Cincinnati is committed to supporting the Americans with Disabilities Act. Please contact the City’s Office of Aging and Accessibility if you require any special accommodation.

EEO PROGRAM

The Vendor shall be subject to the provisions of the City of Cincinnati Municipal Code Chapter 325, regarding Equal Employment Opportunity (EEO). The EEO Program requires the vendor awarded the contract to complete and submit a DEI 147 form. The DEI 147 form is designed to provide an evaluation of the vendor’s policies and practices relating to the extension of equal employment opportunity to all persons without regard to race, religion, color, sex, sexual orientation, gender identification, national or ethnic origin, age, handicap, or Vietnam military service.

VENDOR’S COVENANT OF NON-DISCRIMINATION

Pursuant to the City of Cincinnati’s policy of non-discrimination, specifically in its purchasing and contracting practices, and as a condition of contract award, we covenant, represent and warrant that:

▪ We will not discriminate against small business enterprises on the basis of race, ethnicity, gender or disability in the process of contracting, subcontracting and purchasing;

▪ We will use good faith efforts to promote opportunities for small business enterprises to participate in and compete for opportunities to the extent of their availability and capacity;

▪ If awarded the contract, we will submit to ongoing monitoring by and submittal of reports to the City’s Department of Economic Inclusion;

▪ We will submit to investigations and/or audits by the Department of Economic Inclusion in connection with routine monitoring or as a result of specific allegations of discrimination.

EVALUATION, REPORTS, INFORMATION AND AUDITS

The Vendor agrees to participate full in all evaluation activities initiated by the City. The Vendor, at such times and in such form as the City may require, shall furnish the City such reports as may be requested pertaining to the work and services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. The Vendor shall retain all financial and administration records for a period of three years after the expiration or termination of this Contract and shall permit the City or any of its representatives or auditors access to such records.

HOLD HARMLESS

The Vendor shall protect, defend and hold harmless the City of Cincinnati, its agents, employees, and volunteers from any and all loss, claims, expenses, actions, causes of action, costs, damages, and obligations, financial or otherwise, including attorney fees and legal expenses, arising from any and all acts of the Vendor, its agents, employees, licensees, invitees, that result in injury to persons or damage to property.

CONFIDENTIALITY

The Vendor, its agents, and its employees, will keep and retain any and all information and records generated under this Agreement in the strictest confidence and will neither use such information or records nor disclose such information or records to anyone without the explicit written permission of the City. The Vendor warrants that it has and will continue to have safeguards in place to assure that such information and records are kept confidential by the Vendor, its agents, and its employees.

FORCE MAJEURE

The Vendor shall not be charged with default, nor the City be held liable, because of delays in completing delivery of the materials, or payment therefore by the City, due to any of the following:

• Acts of the Federal government, including controls or restrictions upon the use of materials, equipment, and tools. Or labor essential to the production of the materials covered by this Contract, by reason of war, national defense, or any other national emergency.

• Causes not reasonably foreseeable by the parties of the Contract which are beyond the control of, and through no fault or negligence of, the Contractor or the City. This shall include, but not be restricted to, acts of God or public enemy, freight embargoes, court actions; acts of another contractor in the performance of some other contract with unusual severity, nuclear radiation or contamination, which interferes with the production or transportation of the materials covered by this Contract.

If such events occur, deliveries hereunder may be suspended during the period necessary to remove the cause or correct the effect thereof and the total quantity to be delivered hereunder may be reduced by the amount of the City’s requirements for the period of such suspension, at the option of the City.

EXHIBIT A – SCOPE OF SERVICES

Revenue Model: The Vendor shall retain all proceeds from the vending machines. DPS shall not expend City funds on the purchase, rental, installation, and maintenance of any vending machine. All responsibilities and costs will be covered by the Vendor.

Credit Card Capabilities: All vending machines shall be equipped with credit card payment capabilities that do not require access to the City's Internet network. Tap and phone technology option preferred.

Infrastructure Costs: No infrastructure work or costs are authorized under this Contract. If the City desires vending machines in a location that requires any infrastructure work, that department will be responsible for completing the necessary work outside of this Contract prior to the installation of the vending machines.

Machine Specifications: The vending machines must be new and offer a variety of healthy snacks and beverages. A mix of perishable and non-perishable items is desired, including options suitable for individuals with dietary restrictions.

Licenses and Permits: The Vendor shall possess and maintain all necessary licenses and permits required to operate vending machines in the City of Cincinnati. This includes licenses for selling perishable items and those requiring temperature control.