1. INTRODUCTION

1.1. Summary

Bid Opening: The City will accept only online submittals through our Platform, https://procurement.opengov.com/portal/codb, accessible through the City’s website https://www.codb.us/841/Purchasing. All Bid Responses MUST be submitted through this Platform. No paper

Bids will be accepted. Interested parties may view the Bid Opening virtually. The link to the Bid Opening will be provided in the Timeline section in the #INTRODUCTION.

Participation: To view specifications, schedule, pose questions, receive addenda & notices, or submit an offer, visit https://codb.us/841/purchasing and click "Public Solicitation". Then click the 'PARTICIPATE' button at the bottom of the solicitation page. After clicking the participate button Bidder’s will be prompted to login or register the company. Clicking the participating button does not obligate the Bidder to submit a response. It is recommended that Bidders register and participate as soon as possible in order to stay informed on this

Solicitation. It is the Bidder's responsibility to stay informed of the latest announcements.

NO VALUE

Question Deadline: The deadline for questions is detailed in the Timeline section of the INTRODUCTION.

Questions must be submitted through the Platform using the Question & Answer tab. To ask a question click the Question and Answer tab, select the blue "Ask Question" button. Add a Subject, enter your questions, and then select the blue Submit Question icon.

Addenda/Revisions/Question & Answers: Participants shall review all revisions and answers to published questions before submitting an offer. The 'Question & Answer' feature is authoritative and shall be considered an addendum to the Solicitation. All published answers shall display in the Question and Answer tab. Make sure that the latest version of documents been reviewed as well as all public announcements.

Offer Term: Bids may be held by the City for a period not to exceed 60 days from the date of opening of Bids for the purpose of reviewing the Bid and investigating the qualifications of Contractors prior to awarding the

Contract.

Platform Support: Bidders shall contact OpenGov Procurement Support related to any inquiries related to the software. Bidders may contact Support via the blue chat bubble in the bottom right corner of an OpenGov

Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855)

680-4747.

Issue Date: Thursday, November 12, 2026

1.2. Contact Information

Purchasing Purchasing

Purchasing Agent

301 S. Ridgewood Ave.

Daytona Beach, FL 32114

Email: purchasing@daytonabeach.gov

Phone: (386) 671-8082 https://procurement.opengov.com/portal/codb https://www.codb.us/841/Purchasing https://procurement.opengov.com/portal/codb/projects/290041/document?section=undefined https://procurement.opengov.com/portal/codb/projects/290041/document?section=undefined mailto:purchasing@daytonabeach.gov tel:(386)671-8082

Request For Proposal #2713RFP Title: 2713RFP - Vending Machine Services

Department:

Parks and Recreation

1.3. Timeline

Release Project Date November 12, 2026

Pre-Proposal Meeting (Non-Mandatory) November 20, 2026, 2:00pm

Join:

https://teams.microsoft.com/meet/246822323342

8552?p=mvM028qGMbndOIvXPX

Meeting ID: 246 822 323 342 855 2

Passcode: jz9m97Av

Dial in by phone

+1 312-667-7230,,481754782#

United States, Chicago

Phone conference ID: 481 754 782# https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWI3MTY3YWQtZTQwYy00N mM5LWFjM2QtNjdjNTZlM2MyMThh%40thread.v2

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669fa41090ef%22%2c%22Oid%22%3a%22c87eed1

5-230f-4ec1-9c22-f6810ed3a341%22%7d

Question and Request for Interpretation

Submission Deadline

December 10, 2026, 5:00pm https://teams.microsoft.com/meet/2468223233428552?p=mvM028qGMbndOIvXPX https://teams.microsoft.com/meet/2468223233428552?p=mvM028qGMbndOIvXPX https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWI3MTY3YWQtZTQwYy00NmM5LWFjM2QtNjdjNTZlM2MyMThh%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWI3MTY3YWQtZTQwYy00NmM5LWFjM2QtNjdjNTZlM2MyMThh%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWI3MTY3YWQtZTQwYy00NmM5LWFjM2QtNjdjNTZlM2MyMThh%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWI3MTY3YWQtZTQwYy00NmM5LWFjM2QtNjdjNTZlM2MyMThh%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWI3MTY3YWQtZTQwYy00NmM5LWFjM2QtNjdjNTZlM2MyMThh%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWI3MTY3YWQtZTQwYy00NmM5LWFjM2QtNjdjNTZlM2MyMThh%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWI3MTY3YWQtZTQwYy00NmM5LWFjM2QtNjdjNTZlM2MyMThh%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d

Proposal Submission Deadline December 17, 2026, 3:00pm

Join:

https://teams.microsoft.com/meet/246892978820

4333?p=kAYbZKWpbqZI5ILqZj

Meeting ID: 246 892 978 820 433 3

Passcode: na3ez6FW

Dial in by phone

+1 312-667-7230,,702769610#

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Phone conference ID: 702 769 610# https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjEyNGU5ODUtNjVkMy00Yzk4

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885a-

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5-230f-4ec1-9c22-f6810ed3a341%22%7d

2. DEFINITIONS

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE CITY

MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE OF SPECIAL

PROVISIONS.

Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this

Solicitation:

Addenda means written or graphic instruments issued prior to the end of the Offer Phase which clarify, correct, or change the Solicitation documents or Contract documents. Also means Addendum.

Bid means Solicitation Submission, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Bidder one who submits a response to a Solicitation; also means Proposer or Respondent.

City means The City of Daytona Beach, unless the context indicates otherwise, includes the City’s officers, employees, and agents.

Commodities means the supplies, materials, goods, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting Contract.

References to commodities shall mean goods.

Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer https://teams.microsoft.com/meet/2468929788204333?p=kAYbZKWpbqZI5ILqZj https://teams.microsoft.com/meet/2468929788204333?p=kAYbZKWpbqZI5ILqZj https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjEyNGU5ODUtNjVkMy00Yzk4LWJiMjItZGZjMjNmYjZlODli%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjEyNGU5ODUtNjVkMy00Yzk4LWJiMjItZGZjMjNmYjZlODli%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjEyNGU5ODUtNjVkMy00Yzk4LWJiMjItZGZjMjNmYjZlODli%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjEyNGU5ODUtNjVkMy00Yzk4LWJiMjItZGZjMjNmYjZlODli%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjEyNGU5ODUtNjVkMy00Yzk4LWJiMjItZGZjMjNmYjZlODli%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjEyNGU5ODUtNjVkMy00Yzk4LWJiMjItZGZjMjNmYjZlODli%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjEyNGU5ODUtNjVkMy00Yzk4LWJiMjItZGZjMjNmYjZlODli%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d

Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents

5) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

Electronic Signature means the original signature transmitted and received via electronic transmission of a scanned document, (e.g., PDF or similar format) and are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The City shall determine legibility and acceptability for public record purposes.

Florida Prompt Payment Act means F.S. §§ 255.0705—255.078, as amended from time to time.

Goods means the supplies, materials, commodities, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting

Contract. References to Goods shall mean Commodities.

Local Vendor means a person or business entity which has maintained a permanent place of business with full-time employees within the city limits for a minimum of six months prior to the date Offers were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods or Services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Notice of Intent to Award (NOI) means a written notice given by the City stating that staff is recommending award to the listed Proposer. It includes instructions for completing and submitting any Contract that accompanies the NOI.

Offer means Solicitation Submission, Bid, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1) Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an online Solicitation.

Pricing Sheet means the area within the Platform where Bidders will provide their pricing response for the

Solicitation. Also known as Bid Schedule.

Proposal means Solicitation Submission, or Bid, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Proposer means one who submits a response to a Solicitation; also means Bidder or Respondent

Purchase Order means a written document to an awarded Proposer formalizing the terms and conditions of a proposed transaction.

Respondent one who submits a response to a Solicitation; also means Proposer or Bidder.

Responsible refers to a Proposer that has the necessary skills, ability, capacity, and capability to perform the work required under a Solicitation and is otherwise eligible for award.

Responsive means conforming in all respects to the Solicitation Package, except minor irregularities.

Services means a Proposer's ability to comply with promised delivery dates, specifications, and technical assistance. Also means the furnishing of labor, time, or other form of effort.

Solicitation means the group or collection of information that constitutes detailing the requirements and requesting responses or submittals from eligible Proposers. The information may be in the form of electronic documents, files, and information contained in data fields in the Platform.

Solicitation Deadline means the specific date a time that a Solicitation is due. No Offers will be accepted after this time.

Tabulation Sheet means the opening results of a Solicitation. The Proposer's name, City, and Offer Price will be recorded for Invitations to Bid.

Vendor means Contractor, Consultant, Respondent, Supplier or Proposer to whom the Contract is awarded.

3. SCOPE OF WORK

3.1. SUMMARY & BACKGROUND

There are currently 8 City locations with vending machines and 18 machines total (9 Beverages, 9 Snacks);

locations will be provided to Vendor(s) upon award.

The City seeks a Vendor that can provide:

• Modern, energy-efficient, and ADA-compliant equipment

• A diverse selection of competitively priced snacks and beverage options, including healthier choices

• Reliable maintenance and prompt repair services

• Secure, cashless and contactless payment options

• Transparent reporting and revenue management (if commission-based)

• Professional customer service and account management

3.2. Current Vending Locations

The City currently maintains vending machines at the following locations:

City Hall

• 1 Drink Machine

• 1 Snack machine

Schnebly Center

• 1 Drink Machine

• 1 Snack Machine

Police Department

• 1 Drink Machine

• 2 Snack Machines

Public Works

• 2 Drink Machines

• 1 Snack Machine

Dickerson Center

• 1 Drink Machine

• 1 Snack Machine

Cherry Center

• 1 Drink Machine

• 1 Snack Machine

Cypress Aquatics Center

• 1 Drink Machine

• 1 Snack Machine

YSG Center

• 1 Drink Machine

• 1 Snack Machine

The City may add, remove, relocate, or modify vending equipment during the contract term based on utilization, facility renovations, operational needs, or other circumstances.

3.3. SCOPE OF SERVICES

The selected Vendor shall provide complete, turnkey vending services, including but not limited to the following sections.

The Vendor shall conduct its business on the premises at all times in a professional and reputable manner.

During the term of a contract, the Vendor shall take all actions as may be reasonably requested by the

City in order to carry out the purpose and intent of a contract.

Services and Installation:

Vendor shall furnish and maintain all vending equipment. Machines must be installed by a licensed contractor. The successful vending supplier(s) will be expected to furnish “state of the art” new or like new machines that are clean and undamaged. All machines shall be designed, constructed and installed in accordance with the standards of the National Sanitation Foundation, the National Automatic

Merchandising Association and O.S.H.A. All machines are to be the change making type equipped with electronic coin changers. The machines shall accept coin and/or paper currency as well as electronic payment options.

The machines shall have a notice posted on them that provides the location and method for customers to use in obtaining a refund, as well as the name and telephone number of the Vendor for customers to call for service.

3.4. Vendor Responsibilities

The awarded vendor shall be responsible for all activities related to vending functions including the following:

1. Repair, clean, and maintain all equipment. Keep equipment in good working order at all times. Service employees of the Vendor must wear identifying uniforms and restrict their presence to the area where service is required. Service employees must comply with all. Vendor will provide a sticker on each machine listing a phone number that may be called by users to submit vending equipment repair work orders.

2. Provide priority service to repair or service the machines in a timely manner. No more than one (1) business day between the time Vendor is contacted regarding repair/service needed and the time Vendor representative makes contact with the site requesting repair/service.

3. Vendor will be responsible for any electrical or concrete slab upgrades that may incur. Vendor shall be responsible for verifying with the City correct circuit needs (volts, amps) prior to energizing/plugging in equipment to new or existing circuits. Installation of equipment, where applicable, must conform to all local, state and federal code requirements, in addition to the specifications listed. When installation is specified, the Vendor or Vendor designee is responsible for uncrating, set up, assembly and start up at time of delivery. All packing and crating material must be removed from City property by the Vendor or designee upon completion of installation or assembly. Vendor shall receive written approval from the

City for the installation of new electrical hook-ups, concrete slabs or drainage. Awarded firm shall not make any modifications to City sites. The City will approve and initiate work but Firm will be responsible for all costs.

4. Stock and fill all vending machines. The City expects the Vending services supplier(s) to provide as needed machines at City locations upon request. Some larger sites may have more than one machine, if necessary, and can be supported by sales. All additional machines will have the same percentage of commission as the contract percentage.

5. Vendor Expenses. Awarded Vendor is responsible for paying the cost of all merchandise, services and other expenses in connection with the operation of its business.

3.5. Proposed Equipment

The Vendor shall provide, install, own, operate, and maintain all vending equipment necessary to fulfill the contract, unless otherwise agreed upon by the City.

Equipment shall be:

• Commercial-grade and designed for high-frequency use.

• Clean, attractive, and in good working condition.

• Reliable and appropriately sized for each location.

• ADA accessible and compliant with applicable accessibility requirements.

• Capable of supporting cashless payment technology.

• Capable of displaying product prices clearly.

• Equipped with refrigeration where required for beverages or other temperature-sensitive products.

The City will provide electrical power to all units. At contract end, the Vendor must remove equipment and restore sites as required.

3.6. Machine Configuration Plan

Vendors shall recommend the appropriate equipment configuration for each facility based on anticipated usage, available space, customer demographics, and product demand.

The City may consider:

• Traditional beverage machines.

• Traditional snack machines.

• Combination snack/beverage machines.

• Refrigerated food/beverage machines.

• Touchscreen or digital-display machines.

• ADA-compliant machines.

Vendors shall identify the proposed machine type and dimensions for each location.

3.7. Installation Plan

The Vendor shall be responsible for:

• Delivery.

• Installation.

• Programming and testing.

• Payment system installation.

• Removal and disposal of packaging and installation debris.

• Coordination with City staff regarding installation schedules.

The Vendor shall identify all facility requirements associated with proposed equipment, including:

• Electrical requirements.

• Outlet requirements.

• Dedicated circuits, if necessary.

• Internet/network requirements.

• Clearance requirements.

• Ventilation requirements.

• Temperature requirements.

• Weight of equipment.

• Other installation requirements, if necessary.

The Vendor shall not alter City facilities, electrical systems, walls, floors, doors, or other infrastructure without prior written approval from the City.

3.8. Product Offering Plan

The Vendor shall ensure that all products:

• Are within their applicable expiration or best-by dates. Products must be dated for freshness, with all outdated products being removed from the machines before the expiration of the

"freshness" or "sell by" dates.

• Are stored at appropriate temperatures.

• Are packaged and displayed appropriately.

• Accommodate common allergy and dietary restrictions.

• Provide a wide variety of snacks and beverages, including healthy selections. Visual markers should be used by the Vendor to identify the healthier options provided.

The Vendor shall not make substantial changes to the product mix without considering customer demand and, where appropriate, consulting with the City.

The City may request reasonable changes to product offerings to address customer feedback, dietary needs, seasonal demand, or facility-specific preferences.

The City reserves the right to request increased service frequency when a machine is consistently understocked.

3.9. Pricing Proposal

The Vendor shall provide complete pricing information for all proposed products. Pricing shall be clearly displayed on or immediately adjacent to each product selection.

The proposal shall identify:

• Proposed price for each major product category.

• Proposed frequency and circumstances under which prices may be changed.

• Any taxes, fees, or payment processing cost.

• Any equipment or transaction fees

• Process for providing advance notice of price changes

The Vendor shall not increase prices during the contract term without providing advance written notice to the City and obtaining any approval required under the final contract.

3.10. Vending Commissions

Awarded Vendor will collect all money from equipment and provide commission splits. To expedite audit procedures all vending machines must have built-in accountability systems.

Provide a detailed monthly audit report on total revenue by machine site.

Commissions Shall Be Based on Gross Receipts: The term “gross receipts” is defined as the total amount received for each item before deducting all cost of sales, licenses, taxes of every kind/description or overhead expenses. The Vendor agrees to pay all taxes, especially sales and use taxes, licenses, and other expenses if any. The City shall in no way be liable for these impositions.

Commissions Shall Be Earned on Receipts that are Stolen or Otherwise Missing: The Vendor is expected to properly secure the receipts generated through the vending service. In the event that receipts are stolen or otherwise missing, the Vendor shall pay a commission on these receipts as if they had been collected by the Vendor.

Commission Checks: Commission checks shall be issued directly to the City. Payments are requested to be delivered approximately every thirty (30) days. Informational reports shall accompany the commission payment, indicating the amount of sales from the City locations and from each machine. The City is to receive a check once per month for the previous month’s activity with a break-down of commissions by machine and location for each site. The check is to be made out to and mailed to:

The City of Daytona Beach Finance Department, PO Box 2451, Daytona Beach, FL 32115

The monthly commission check is to include an allocation report. This Monthly Summary report is included with the commission check and will include the following information: Location name, machine number, machine location, gross sales to date, gross sales for that month, total commissions to date, commissions for that month, check number issued and date check issued. Commissions must be received no later than thirty (30) days after the close of any month. Deductions from commission checks are not authorized under any circumstances.

3.11. Payment Technology Description

All vending machines should provide modern cashless payment options.

• Payment methods supported (credit/debit, tap-to-pay, mobile wallets, cash, etc.)

• Transaction processing provider(s)

• Transaction fee structure

• Connectivity requirements

• Security features

• Refund and dispute procedures

• Error-handling and payment-issue resolution process

3.12. Maintenance and Service Plan

The Vendor shall provide all routine, preventative, and corrective maintenance necessary to keep vending equipment operational. Proposals shall identify guaranteed or targeted response times for:

• Emergency equipment failures.

• Payment system failures.

• Refrigeration failures.

• General service calls.

The City strongly prefers a service model providing:

• Same-business-day acknowledgment of reported problems.

• On-site service within one business day for routine service issues.

• Expedited service for machines that are completely non-operational.

• Prompt repair or replacement when equipment cannot be restored.

If a machine remains out of service for an extended period, the City may require the Vendor to:

• Repair the machine.

• Replace the machine.

• Provide temporary equipment.

Repeated equipment failures may constitute a performance deficiency and may be grounds for contract remedies or termination.

3.13. Customer Service & Issue Retention

The Vendor shall maintain a documented process for:

• Refund requests.

• Product complaints.

• Payment disputes.

• Machine malfunctions.

• Product quality concerns.

• Repeated service issues.

The Vendor shall provide the City with an escalation contact for unresolved issues.

3.14. ADA and Accessibility Requirements

All vending equipment shall comply with applicable federal, state, and local accessibility requirements.

The Vendor shall identify how proposed equipment addresses ADA requirements.

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

In order to be considered qualified to perform the requested Services, the Proposer must have an active, permanent, and successful operation for a minimum of five years prior to the date of submission of

Proposals, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested Services.

4.2. E-VERIFY

E-Verify. - The Proposer (and its subcontractors) have an obligation to utilize the U.S. Department of

Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the

Proposer certifies that it is registered with, and uses, the E-Verify system for all newly hired employees.

The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract.

This section serves as notice to the Proposer regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the City’s obligation to terminate the contract if it has a good faith belief that the Proposer has knowingly violated section 448.09(1), F.S. If terminated for such reason, the

Proposer will not be eligible for award of a public contract for at least one year after the date of such termination. The City reserves the right to order the immediate termination of any contract between the

Proposer and a subcontractor performing work on its behalf should the City develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S.

4.3. RESTRICTIONS, PROHIBITIONS

A. A person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a Proposal to provide any goods or services to a public entity; may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit a Proposal on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, subcontractor or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for

CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted

Vendor List.

B. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a Proposal to provide goods or services to a public entity; may not submit Proposal with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity.

C. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible Contractor may not submit a Proposal or perform work for the construction or repair of a public building or public work on a contract with the Recipient.

D. No funds received pursuant to this Agreement may be expended for lobbying the Florida

Legislature, judicial branch or any state agency.

4.4. Prohibition Against Considering Social, Political, or Ideological Interests

Pursuant to Florida Statutes § 287.05701, the City shall not consider, give preference based upon, or request documentation regarding a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.

5. GENERAL CONDITIONS

THIS IS NOT A BID. This is a Request for Proposals issued in accordance with The City of Daytona Beach

Code Chapter 30, Division 3, “Source Selection and Contract Formation”. The Request for Proposal specifies the product(s) or services needed and lists the criteria upon which the Proposals will be evaluated. When received, Proposals will be reviewed and ranked in order, beginning with the one deemed most advantageous to the City. Negotiations will commence with the selected Proposer(s). Upon completion of satisfactory negotiations, the Contract negotiated as the best will be recommended to the

City Commission. A copy of Chapter 30 may be obtained upon request.

5.1. ELECTRONIC PLATFORM

To ensure consideration of your Proposal, please follow these instructions.

The City will only accept online Proposals for this Solicitation through the Platform accessible through

Opengov, the City's online procurement Platform. All solicitations can be accessed through the City’s website: www.codb.us/841/Purchasing under the link to “Public Solicitation”, then by selecting the proper solicitation.

No other forms of online Proposals will be accepted. All Proposals not in compliance with the conditions specified herein are subject to rejection.

Interested Proposers shall contact OpenGov Procurement Support related to any inquiries related to the software. Proposers may contact Support via the blue chat bubble in the bottom right corner of an

OpenGov Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855) 680-4747.

5.2. REQUESTS FOR INTERPRETATIONS

If the Proposer is in doubt as to the meaning of any of the Solicitation Documents or other Exhibits included in this Solicitation, the Proposer may submit a question through the Platform. Such requests must be received by the deadline communicated in the Timeline in the INTRODUCTION in order to be considered. The City is not obligated to respond to such requests.

5.3. ADDENDA TO SOLICITATION DOCUMENTS

Prior to Solicitation opening, the City may, on the City’s own initiative or in response to a request for clarification, furnish Addenda, or answer questions via the Platform for additions or alterations to the

Solicitation Documents previously supplied by the City. In addition, the City may by Addendum extend the date scheduled for Solicitation opening. The Purchasing representative will make reasonable efforts through the Platform to notify all potential Suppliers of the issuance of an Addendum. The City’s

Purchasing web site address is www.codb.us/841/Purchasing; Addenda may be found under the “Public

Solicitations” link.

Any clarification or interpretation issued by the City in the form of a written Addendum will be deemed to be a part of the Solicitation Documents. No oral clarification or interpretation will be binding. However, the Proposer is solely responsible for ensuring that the Proposal submitted reflects all such

Addenda/Questions and Answers.

5.4. EXECUTION OF OFFER

The City will only accept Offers online through the Platform. No paper Offers will be accepted.

All electronic files uploaded must be in a common format accessible by software programs the City uses.

Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or

.xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file.

Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Offer that does not meet the criteria stated in this paragraph.

5.5. WITHDRAWAL OF OFFERS

The Proposer may withdraw their submission and resubmit anytime until the specified opening date and time, (i.e., the end of the Offer Phase). Once the Offer Phase has ended the City will be able to view the submissions and begin the evaluation of all Proposals received.

Mere negligence on the part of the Proposer in preparing the Offer does not constitute a right to withdraw the Proposal after opening.

5.6. OPENING DATE

The opening of Proposals will be scheduled at the date and time specified by the Solicitation, or as changed by Addenda or response that the City may issue. At opening, the City will open and record the Proposals so long as they are proper and have been timely submitted. In recording the Proposals, the City will state the name of the Proposer. The Tabulation Sheet will be created on the Platform by the Purchasing representative. The Proposer is solely responsible to ensure that the Proposal is submitted online prior to the end of the Offer Phase. Late Submissions will not be accepted.

https://procurement.opengov.com/portal/codb/projects/290041/document?section=2793787

5.7. COOPERATIVE PURCHASING

All Proposers awarded Contracts from this Solicitation are required to permit governmental entities to participate in the Contract under the same terms, and conditions except those allowances may be made for differences in delivery costs.

5.8. GENERAL REVIEW PROCEDURES

The Purchasing Code, Chapter 30, Code of the City of Daytona Beach, sets forth the general review procedures for competitive sealed Offers. Under the Purchasing Code, the City Manager is required to evaluate and rank Responsive Proposals in accordance with the criteria identified in the Solicitation.

Before submitting a recommendation for final action on this Solicitation to the City Commission, the City

Manager is authorized to “shortlist’ and negotiate with one or more of the Proposers who submitted the highest ranked Proposals. As part of these negotiations, the City Manager may request revised Offers from shortlisted Proposers.

The City Manager has adopted a policy delegating the task of initially ranking Responsive Offers to a

Selection Committee. The Selection Committee may require personal interviews with Proposers before submitting its recommendations to the City Manager.

5.9. REJECTION OF OFFERS

The City reserves the right to reject any or all Proposals in whole or in part and to award by items, parts of items, or by any aggregate group of items specified. The City also reserves the right to waive technical defect when in its judgment the best interests of the City thereby will be served.

5.10. AWARD

The award will be made by the City to the Proposer most qualified and offering the best value to the City, which will be determined by evaluation of Proposals using the evaluation criteria contained in the

Solicitation, and in accordance with applicable rules and regulations governing the purchase and Contract adopted and established by the City, and the State of Florida.

Any Contract resulting from this Solicitation may, in the alternative, be awarded by the City of Daytona

Beach Community Redevelopment Agency (CRA). Therefore, any Offers submitted in response to this

Solicitation shall be deemed to be Offers to the CRA as well as the City. Any final written contract may be with the CRA instead of the City, and in such instances, any required insurance, performance and payment bonds, may be required to run in favor of the CRA in addition to or in lieu of the City.

5.11. SELECTION PROCESS

For the purpose of selecting the most qualified Proposal, the City will use a competitive selection process as set forth in pertinent City and State procurement requirements. The procedure will involve the following steps:

A. The City will advertise and email notice of formal Requests for Proposals to interested Proposers.

The City’s Selection Committee will review, rank, and shortlist all Proposals received by the established deadline for submission. Oral presentations by the short-listed Proposers to clarify their Offers may be required. These presentations will serve to explain implementation techniques integral to the written Proposal. Subsequent to the receipt of Proposals, the City may schedule a time for each requested oral presentation at a place convenient to the City.

B. The City’s Selection Committee will then rank each Proposal and prepare a recommendation for approval by the City Manager. Upon receipt of the City Manager’s approval, the City’s Project

Manager shall negotiate a contract with the highest ranked Proposer(s) approved by the City

Manager. Should the Project Manager be unable to negotiate a satisfactory contract with the any of the shortlisted Proposers, the City Manager, or designee, shall terminate such negotiations with any or all of the shortlisted Proposers and begin negotiations with remaining Proposers based on ranking, until negotiations are successful or this Solicitation is cancelled.

C. The City Commission has the sole authority to bind the City to the terms and conditions of a contract that has been approved in a public meeting of the City Commission. The City

Commission reserves the right to modify or reject any contract for the acquisition of goods and/or services submitted to it for consideration.

5.12. LICENSES, PERMITS, AND FEES

All Proposals submitted shall include in the price the cost of any business or professional licenses, permits or fees required by the City and any agency having jurisdiction over the Services solicited through this

Request for Proposal.

5.13. PATENT INFRINGEMENT

By submission of a Proposal, the Proposer certifies that the Services to be furnished will not infringe any valid patent, copyright, or trademark and the successful Proposer shall, at his/her own expense, defend any and all actions or suits charging such infringement and hold the City harmless in case of any such infringements.

5.14. TAXES

All Proposals shall be exclusive of federal taxes. Tax exemption certificates will be furnished upon request.

5.15. FLORIDA PUBLIC RECORDS LAW

Sealed Offers received by the City pursuant to the Request for Proposals will be temporarily exempt from disclosure in accordance with Florida’s Public Records Laws. F.S. §119, states that Offers are not public record for 30 days from the date of the opening of the Offers or the date a Notice of Intent to Award is posted, whichever is first. Thereafter, all Offers will be open for a personal inspection by any person pursuant to Public Records Law.

If the Proposer believes that the Offer or any portion thereof is permanently exempt from disclosure under the public records laws, the Proposer must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Offer opening. The Proposer will be contacted prior to the opening of the Offer and a determination will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Proposer may in writing request the return of the sealed Proposal.

5.16. QUALIFYING PROPOSERS

Prior to awarding of Offer, the City may require submission by Proposer of complete financial statement and questionnaire describing Proposer’s financial ability and experience in performance of similar work.

5.17. RULES AND REGULATIONS

All work performed under this agreement shall be in strict compliance with local, State and Federal laws, rules and regulations. Proposer shall assume all liability for fines and penalties assessed by the authorities for any infractions.

5.18. NO COSTS

The City of Daytona Beach bears no responsibility for any costs incurred in the preparation of the

Proposal.

5.19. INTERNET/WEB SERVICES

For the purposes of this paragraph, any Services or products offered to the public via the internet or online must comply with WCAG 2.0 AA in order to be deemed ADA compliant. The City will provide Contractor with prompt written notice with respect to any ADA deficiencies of which the City is aware and Contractor will promptly correct such deficiencies. If the County, the Department of Justice, or other governmental entity tasked with the enforcement of the ADA ("Enforcement Agency") notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this

Agreement, Contractor shall, at no additional charge or cost to the City, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement Agency. Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the City against any and all claims, sanctions, or penalties assessed against the City, which claims, sanctions, or penalties arise or otherwise result from the Contractor's failure to comply with the ADA or WCAG 2.0 AA, for online or internet services or products.

5.20. FEDERAL CONTRACT PROVISIONS

This is an acknowledgment that FEMA financial assistance may be used to fund the agreement. The

Contractor will comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives. The Contractor shall comply with all uniform administrative requirements, cost principles, and audit requirements for federal awards. Contractor shall ensure that all subcontracts comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives.

A. Contract Work Hours and Safety Standards Act

This requirement applies to all FEMA contracts awarded by the non-federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers.

It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Compliance with the Contract Work Hours and Safety Standards Act.

Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United

States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

Withholding for unpaid wages and liquidated damages. The City of Daytona Beach or State of Florida shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the

Contractor or subcontractor under any such Contract or any other Federal contract with the same prime

Contractor, or any other federally-assisted Contract subject to the Contract Work Hours and Safety

Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

B. Rights to Inventions Made Under a Contract or Agreement

This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard

Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and

Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” The Contractor must comply with the requirements of 37

C.F.R. Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under

Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency.

If the FEMA award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-

Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small

Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F)

C. Clean Air Act

This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant.

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The Contractor agrees to report each violation to The City of Daytona Beach and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency

Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

D. Federal Water Pollution Control Act

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The Contractor agrees to report each violation to The City of Daytona Beach (City) and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal

Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

E. Suspension and Debarment

This requirement applies to…