4-01 RFP - Vending Machine Services.pdf

REQUEST FOR PROPOSALS

The City of Temple, Texas, will receive proposals for:

RFP #13-13-26

VENDING MACHINE SERVICES

Issued: Monday, February 9, 2026

Submittal Deadline: Tuesday, March 3, 2026, by 10:00 a.m. CST

City of Temple Purchasing Department 3210 E Avenue H, Building C

Temple, TX 76501 Phone: 254-298-5655

Email: purchasing@templetx.gov

E-Bidding Portal: https://templetx.bonfirehub.com mailto:purchasing@templetx.gov https://templetx.bonfirehub.com/

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REQUEST FOR PROPOSALS (RFP) CONTENTS

Page

RFP Timeline

Section 1 – Scope of Work

Section 2 – Proposal Requirements

Section 3 – Evaluation & Award

Section 4 – Administrative Requirements

Section 5 – Proposal Forms Form 5.1. Proposer Information Form Form 5.2. Proposer Questionnaire Form Form 5.3. Conflict of Interest Questionnaire

Section 6 – Attachments Attachment 6.1. Services Agreement

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RFP TIMELINE

Date Event

Tuesday, February 17, 2026 Release of RFP

Tuesday, March 3, 2026 12:00 p.m. (noon) CST

Deadline for Questions related to RFP

Submit questions in writing through the Euna online bidding portal or email to purchasing@templetx.gov.

Tuesday, March 10, 2026 10:00 a.m. CST

Proposals Due

Submit proposals:

1. Within the Euna online bidding portal at: https://templetx.bonfirehub.com

OR

2. Sealed paper copies to:

City of Temple Purchasing Department 3210 E Avenue H, Building C

Temple, Texas 76501

April 2026 Expected agreement term commencement

The City will make every effort to adhere to the schedule above. However, the City reserves the right, at its sole discretion, to adjust the RFP Timeline as deemed necessary.

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SECTION 1 – SCOPE OF WORK

1.1. SUMMARY

a. The intent of this Request for Proposals (RFP) is to establish an annual services agreement for the supply, installation, and servicing of vending machines at designated municipal facilities.

b. The City currently has vending machines at the following locations with no cost to the City:

• Animal Shelter

• City Hall 2nd Floor

• Clarence Martin Gym

• Fire Station #8

• Fleet Services

• Parks & Recreation Admin Building

• Police Department

• Public Library

• Solid Waste Building

• Water Treatment Plant

• Wilson Recreation Center

1.2. SCOPE OF WORK

The vendor shall provide all labor, equipment, materials, technology, transportation, permits, insurance, and supervision necessary to fulfill the requirements herein.

Provide Reliable Vending Services

The awarded vendor shall provide dependable vending services across all municipal buildings, ensuring machines are consistently stocked and operational to meet the needs of employees and visitors. Services must prioritize accessibility and safety compliance, guaranteeing that vending options are available without interruption and that machines are positioned and maintained in accordance with ADA standards.

Supply, Install, Stock, Maintain, and Service Machines

The awarded vendor is responsible for supplying high-quality vending machines and installation in approved locations, ensuring they are fully operational. Ongoing responsibilities include stocking machines with agreed-upon products, performing routine maintenance, and providing timely service for any malfunctions. Machines must incorporate telemetry for remote monitoring, secure payment systems, and robust reporting capabilities to support transparency and efficient management.

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Supply, Install, Stock, Maintain, and Service Machines

The awarded vendor is responsible for supplying high-quality vending machines and installation in approved locations, ensuring they are fully operational. Ongoing responsibilities include stocking machines with agreed-upon products, performing routine maintenance, and providing timely service for any malfunctions. Machines must incorporate telemetry for remote monitoring, secure payment systems, and robust reporting capabilities to support transparency and efficient management.

Machine Compliance and Features

All vending machines must meet ADA requirements for accessibility and be Energy Star-rated for energy efficiency. Machines shall include vend assurance technology to confirm product delivery, secured payment systems supporting multiple payment methods, and telemetry capabilities for real-time monitoring of inventory, sales, and machine health.

Site Surveys and Placement Coordination

The awarded vendor shall conduct thorough site surveys prior to installation and coordinate with City facilities staff to ensure proper machine placement. Machines must not obstruct ADA routes, emergency exits, or create hazards, and placement should optimize accessibility and convenience for building occupants.

Performance Standards

The awarded vendor must maintain a minimum uptime of 98% for all machines, ensuring reliable service. Critical issues, such as machine failures or payment system errors, must be addressed within 24 hours of notification. Refund requests shall be processed promptly, with a maximum turnaround time of 3 business days.

Product Mix and Labeling

The awarded vendor shall provide a balanced selection of products, including at least 30% healthy options that meet nutritional guidelines. All products must feature clear allergen labeling to protect consumer health and comply with applicable food safety standards.

Cleaning and Spill Response

Regular exterior cleaning and periodic deep cleaning of machines are required to maintain hygiene and appearance. The awarded vendor must also respond immediately to spills or sanitation concerns to ensure a clean and safe environment for users.

Regulatory Compliance and Insurance

The awarded vendor shall comply with all applicable ADA requirements, electrical codes, and municipal regulations. Additionally, the awarded vendor must maintain appropriate insurance coverage as specified by the City to mitigate risk and ensure contractual compliance.

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Account Management and Subcontractor Approval

The awarded vendor shall assign a dedicated account manager to serve as the primary point of contact for the City. Any subcontractors engaged for service or support must receive prior written approval from the City to ensure accountability and adherence to standards.

Security and Professional Conduct

The awarded vendor must adhere to all City security protocols and maintain professional conduct standards while performing services. This includes ensuring personnel are properly identified and trained to operate within municipal facilities.

Customer Support and Refund Access

The awarded vendor shall provide a toll-free customer service number and display QR codes on all machines to facilitate easy access to service requests and refund processing.

These measures ensure transparency and convenience for users experiencing issues.

Contract Transition and Continuity

The awarded vendor shall ensure a seamless transition between the outgoing and incoming vending service contracts. This includes developing and implementing a transition plan that aligns the removal of existing machines under the previous contract with the installation of new machines under the new agreement. Timing must be coordinated to prevent any service gaps, ensuring continuous product availability for employees and visitors. The awarded vendor will work closely with City staff and the outgoing provider to schedule removals and installations in a manner that minimizes disruption and complies with all facility access and security protocols.

1.3. AGREEMENT TERM

The initial term of the agreement shall commence effectively upon execution by the City and continue through September 30, 2027. The City reserves the right to extend the agreement for four (4) additional one-year periods, if mutually agreed to in writing by the City and the awarded vendor.

1.4. PRICING

As with prior contracts, the City anticipates this contract will be at no cost to the City. Should bidders determine that the City shall incur any costs associated with this contract, the following provisions apply:

a. The bidder must clearly identify all anticipated costs to the City in their proposal, including but not limited to implementation, maintenance, training, or any other fees.

b. The bidder must provide a detailed cost breakdown, including unit pricing, payment schedule, and any optional services that may incur additional charges.

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c. Prices shall remain firm for the entire length of the agreement period. No price increases will be allowed without prior approval from the City’s Purchasing department. An agreement period is defined as October 1 through September 30 of any given fiscal year.

d. All prices quoted shall be all-inclusive and include all labor and material costs, insurance, overhead, profit, travel time, mileage and be exclusive of taxes. Labor and vehicular expenses associated with commuting to and from any of the City service locations are not reimbursable and cannot be invoiced. No additional charges will be allowed.

1.5. INVOICES

a. Invoices shall be itemized and submitted monthly in arrears for services rendered.

Each invoice shall clearly indicate the service area locations, dates, and services provided. The City’s purchase order number shall appear on the invoice.

b. Invoices shall be emailed to invoice@templetx.gov. If the awarded vendor does not have the ability to email invoices, the awarded vendor shall mail invoices to the City of Temple Purchasing Department at 3210 E Avenue H, Building C, Temple, Texas 76501.

1.6. SERVICE AGREEMENT

a. The successful proposer shall be able to execute a service agreement like the attached sample agreement attached and shall retain insurance as outlined therein.

No substantive changes to the agreement will be allowed.

b. By submitting a proposal, the proposer is acknowledging the insurance requirements found in the attached agreement and can comply with all insurance requirements as specified herein within 5 days of notice of intent to award.

c. The City reserves the right to add, modify, or delete any services or property locations as required and may do so through a contract amendment.

1.7. VENDOR RESPONSIBILITIES & LIABILITIES

The awarded vendor is responsible for damage to people and property caused during the performance of contracted work. Additionally, the awarded vendor will be held responsible for any damage that is caused by the awarded vendor’s errors or their failure to comply with the requirements of these specifications and will be required to repair the damage at no cost to the City. The City may, however, elect to make repairs or replace any of the damaged property and deduct the cost of such repairs from monies due or to become due the awarded vendor.

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1.8. TERMINATION OF DEFAULT

a. The City reserves the right to enforce the performance of this agreement in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this agreement. The City reserves the right to terminate the agreement immediately in the event the awarded vendor fails to meet schedules or fails to otherwise perform in accordance with the specifications as outlined in this RFP.

b. The City may consider the following performances by the awarded vendor as unsatisfactory performance. An unsatisfactory performance determination shall not be limited to the following:

• In excess of one service ‘call back’ to correct the same problem within 30 consecutive calendar days.

• In excess of one instance within one calendar year of the awarded vendor’s personnel assigned to an authorized service call not having the skill or knowledge to diagnose the problem and/or perform the service.

• Failure of the awarded vendor to provide timely service.

1.9. REQUIRED QUALIFICATIONS

The successful vendor(s) to this RFP shall meet the following qualifications:

a. Firm, corporation, individual, or partnership normally engaged in the sale and distribution of commodities or provision of the services as specified herein.

b. Have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City.

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SECTION 2 – PROPOSAL REQUIREMENTS

2.1. INFORMATION REQUESTED FROM PROPOSERS

Each proposal must contain all required items and shall be submitted in the same order as listed below. The proposal shall provide enough detail to permit the City to conduct a meaningful evaluation of the proposed services. However, proposals should be prepared simply and economically, providing a straightforward, concise response to the information requested below. Incomplete proposals may be rejected during review by the evaluation committee.

All proposal materials may be incorporated in a subsequent agreement between the City and awarded proposer.

Any material that the Proposer wishes to be considered confidential in nature shall be clearly marked as such, and if such materials are requested pursuant to the Texas Public Information Act, Chapter 552, Texas Government Code, the City will notify the Proposer of such request to allow the Proposer to write to the Texas Attorney General requesting that such information be excepted from disclosure.

Required Forms

a. Form 5.1. Proposer Information Form

b. Form 5.2. Proposer Questionnaire Form

c. Form 5.3. Conflict of Interest Questionnaire, if applicable Submit only if required per Section 4 – Administrative Requirements, Paragraph 4.2.

d. Proposal including Schedule

2.2. ELECTRONIC SUBMISSION

a. Access the Euna e-procurement portal at https://templetx.bonfirehub.com. The City will use Euna for communicating all RFP documents, receive any questions or inquiries, issue any associated addenda, and post award notices.

b. Proposers can contact Euna at Support@GoBonfire.com for technical questions related to the Euna portal or visit Euna’s help forum at https://vendorsupport.gobonfire.com/hc/en-us. Proposal submissions shall be prepared in the file formats listed under ‘Requested Information’ for this opportunity in Euna.

c. Proposal submissions may be amended by the Proposer directly in Euna , but only before the submission deadline.

mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us

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d. Minimum system requirements include Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Euna has built-in lockbox technology that will date stamp submittals and will keep all proposals locked until the proposal opening date and time. The maximum upload file size is 1,000 MB.

Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

2.3. PAPER SUBMISSION

a. If a proposal is delivered via hardcopy, the envelope or package containing the completed proposal should be marked legibly on the outside with the submitter’s name and address along with the RFP project number and title no later than the due date and time stated in the RFP Timeline.

b. The Proposer shall sign and date the proposal where provided within the RFP. The person signing the proposal shall have the authority to bind the firm in an agreement.

Proposals which are not signed and dated in this manner may be rejected.

c. All paper proposals received in the Purchasing Department will be date and time stamped when received and will be considered to be the official time of receipt.

2.4. SUBMISSION INSTRUCTIONS

a. Late submittals will not be accepted or considered. Proposers should be mindful of any potential delays due to security screening procedures, weather, connectivity issues, or other delays whether foreseeable or unforeseeable. Failure to submit a response before the Proposal Due date and time will result in disqualification of the Proposal.

b. Proposals will be received and publicly acknowledged in the Purchasing Department immediately following time due. Respondents, their representatives, and interested persons may participate in the proposal opening using Microsoft Teams. See the RFP Timeline for a video link or dial-in phone number.

c. The proposals will be opened, and the names of the respondents will be read aloud.

All proposals will be open for public inspection after the agreement is awarded, except for trade secrets and confidential information contained in proposals and identified by proposer as such.

2.5. REQUESTS FOR ADDITIONAL INFORMATION

a. Requests for additional information shall be in writing and submitted through the Euna portal using the ‘Vendor Discussions’ or ‘Ask a Question’ features. Alternatively, requests can be emailed to purchasing@templetx.gov by the deadline stated in the RFP Timeline.

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b. Any interpretations, corrections or changes to this RFP will be made by addenda. All written/published addenda shall become part of this RFP and shall be acknowledged by the Proposer in its proposal. All other communications are unofficial and non-binding. Addenda will be released in the Euna portal in the ‘Files’ section. It is the sole responsibility of the Proposer to verify issuance of addenda and to ensure receipt thereof.

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SECTION 3 – EVALUATION & AWARD

3.1. ELIGIBILITY FOR AWARD

a. Responsive Proposal

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

b. Responsible Vendor

A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the services listed herein.

Responsible proposers must, at a minimum, meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting agreement prior to the beginning of work;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record, as determined by the City, of past performance;

• Have necessary personnel, management, and technical capacity and capability to perform any resulting agreement requirements;

• Be qualified as an established firm that is regularly engaged in the type of business necessary to fulfill the agreement requirements;

• In accordance with all applicable industry standards, hold any necessary license, certification, or permit required for conducting the business of the vendor and as contemplated by this RFP;

• Have experience in competently performing similar agreements to those contemplated by this RFP;

• Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to the City; signing and submitting the proposal is so certifying to such non-delinquency; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

c. A firm is not eligible to be considered for award of this solicitation, or any resulting agreement, or to be a subcontractor of the proposer or prime contractor if an employee of the firm assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that firm an unfair advantage over other proposers.

d. As required by §2252.903, Government Code, Proposer certifies that its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax.

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3.2. EVALUATION CRITERIA AND SELECTION

a. The award of this agreement shall be made to the responsible proposer whose proposal is determined to be the highest evaluated offer resulting from negotiation, taking into consideration the importance of the evaluation factors set forth below:

Criteria Points

Technical Solution and Deployment Supply/installation plan, stocking/maintenance approach, machine capabilities, site survey/placement methodology

Operations, Service Levels, & Reliability Uptime, performance standards, cleaning/spill response, security and professional conduct

Compliance, Risk, and Insurance Regulatory compliance (ADA, health/safety, payments), insurance certificates, risk controls

Product Offering and Customer Experience Product mix suitability, labeling/accuracy, accessibility, customer support and refund processes

Account Management, Governance, and Transition Account lead and escalation, reporting cadence, subcontractor controls, transition/continuity plan

b. The City reserves the right to reject any and all proposals submitted and to waive any informalities in proposals received. The City also reserves the right to request additional information from proposers. The award will be made to the firm which, in the opinion of the City, is the best qualified to assist the City in accomplishing its objectives. The City reserves the right to negotiate an agreement with the selected proposer.

c. The City shall not be liable to any proposer for costs associated with responding to this RFP, for the proposer’s participation in any oral interview, or any costs associated with negotiations.

d. In accordance with Texas Local Government Code, Section 252.003 and Texas

Health & Safety Code, Section 361.426, the City shall give preference in purchasing products made of recycled materials if the products meet applicable specifications as to quantity and quality and the average price of the product is not more than 10% greater than the price of comparable nonrecycled products. Preferences will be applied in accordance with state procurement statutes and rules.

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3.3. EVALUATION PROCESS

a. The Purchasing Department will review all proposals for compliance with mandatory requirements as stipulated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration. The Purchasing Department may contact proposers for clarification of the responses.

b. The evaluation committee members will independently evaluate and score the proposals and submit their scores back to the Purchasing Department. No group ratings or consensus scoring will be performed.

c. The Purchasing Department will input, calculate, and prioritize the data and evaluator scores.

3.4. INTERVIEWS

Proposals will be reviewed and ranked by the evaluation committee. Oral interviews may be conducted with the highest ranked proposer(s) by the committee, as deemed necessary.

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SECTION 4 – ADMINISTRATIVE REQUIREMENTS

4.1. SUBMISSIONS

a. The City reserves the right to reject any or all proposals as it shall deem to be in the best interests of the City. Receipt of any proposal shall under no circumstances obligate the City to accept the lowest dollar proposal. The award of this agreement shall be made in accordance with Texas Local Government Code, Chapter 252, to the responsible proposer whose submission is determined to be the highest evaluated offer resulting from negotiation, taking into consideration the relative importance of price and the other evaluation factors set forth in the RFP.

b. The City reserves the right to select one or more proposers and/or award one or more agreements based on the best value, as determined by the City, of the overall response(s) submitted to the City, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services and/or provide the products set forth in this RFP, and the reasonableness of the proposed fee. The decision to make multiple awards, award only one agreement, or to make no award rests solely with the City. The City further reserves the right to negotiate separately in any manner necessary to serve the best interests of the City. The City further reserves the right to accept, reject, or negotiate modifications in any terms of a proposer’s proposal, including a proposer’s form agreement, or any parts thereof.

c. Proposals cannot be altered or amended after submission deadline. Any interlineation, alteration or erasure made before opening by the City must be initialed by the signer of the proposal, guaranteeing authenticity.

d. A proposal may not be withdrawn or canceled by the proposer without the permission of the City for a period of ninety (90) days following the date designated for the receipt of proposals, and proposer so agrees upon proposal of his proposal.

e. All proposals meeting the intent of this RFP will be considered for award. Proposers taking exception to the specifications, terms and conditions, sample agreement document, or offering substitutions shall state these exceptions by attachment as part of the proposal. The absence of such a list shall indicate that the proposer has not taken exceptions and the City shall hold the proposer responsible to perform in strict accordance with the terms of this RFP. The City reserves the right to accept any, all, or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

f. Proposals must comply with all applicable federal, state, county, and local laws concerning these types of services.

g. The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

h. The City is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.

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4.2. CONFLICT OF INTEREST

a. Texas Local Government Code, Section 176.006, requires a vendor of the City to file a completed Conflict of Interest Questionnaire (CIQ) form if the vendor has a business relationship with the City and:

1. has an employment or other business relationship with a City local government officer or a family member of the City local government officer that results in that person receiving taxable income, other than investment income, that is more than $2,500 in the preceding twelve months;

2. has given a City local government officer or an officer’s family member, one or more gifts totaling more than $100 in the preceding twelve months, excluding a political contribution as defined by Title 15 of the Election Code or food accepted as a guest; or

3. has a family relationship with a City local government officer.

b. A vendor is required to file a CIQ form with the City Secretary’s office not later than the seventh (7th) business day after the later of the following:

1. the date the vendor begins discussions or negotiations to enter into a agreement with the City or submits an application or response to a solicitation;

or

2. the date the vendor becomes aware of any business relationship as outlined in the preceding paragraph.

c. “Local Government Officer” means:

1. a member of the governing body (i.e. mayor or council member);

2. a director, superintendent, administrator, or other person designated as an executive officer of the City; or

3. an agent of the City who exercise discretion in the planning, recommending, selecting, or contracting of a vendor.

d. State law requires that a vendor file an updated CIQ form with the City Secretary’s office not later than the 7th business day after the date on which the vendor becomes aware of an event that would make a statement in the questionnaire incomplete or inaccurate.

e. The CIQ form is attached to this RFP and can be downloaded from the City‘s website www.templetx.gov under the Departments tab then Purchasing/Forms & Documents.

Compliance with this law is the responsibility of each proposer.

4.3. DISCLOSURE OF INTERESTED PARTIES

The City is required to comply with Texas Government Code 2252.908 Disclosure of Interested Parties for agreements that:

a. require an action or vote by the City Council before the resulting agreement can be signed;

b. have a value of at least $1 million; or

c. require registration as a lobbyist under Texas Government Code Chapter 305.

If the resulting agreement, if any, meets one of the criteria above, a Certificate of Interested Parties (Form 1295) will be required before the agreement is executed.

See the Texas Ethics Commission website:

https://www.ethics.state.tx.us/filinginfo/1295/.

http://www.templetx.gov/ https://www.ethics.state.tx.us/filinginfo/1295/

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4.4. APPROPRIATED FUNDS

The purchase of services or products, arising from this solicitation is contingent upon the availability of appropriated funds. The City shall have the right to cancel the resulting agreement or any part of the agreement at the end of each fiscal year during the term of the agreement if funds are not allocated to continue the agreement, or any part of the agreement, for the next fiscal year. If funds are withdrawn, or do not become available, the City reserves the right to cancel the agreement by giving the contractor a thirty (30) day written notice of its intention to cancel without penalty. Upon cancellation of the agreement, the City shall not be responsible for any payment of any service that was performed, or product received, after the effective date of termination. The City’s fiscal year begins on October 1 and ends on September 31.

4.5. INDEMNITY

The City is legally prohibited from indemnifying any other party in any agreement awarded under this RFP. The resulting agreement, if any, shall contain no provision requiring the City to indemnify the proposer or any third party.

4.6. COMPLIANCE WITH ANTITRUST LAWS

By submitting a qualifications statement, the Respondent’s Signatory affirms under penalty of perjury of the laws of the State of Texas (Texas Government Code §2155.005) that:

a. Signatory is duly authorized to execute an agreement resulting from this solicitation on their own behalf or on behalf of the company, corporation, firm, partnership or individual respondent;

b. In connection with this qualifications statement, neither Signatory nor any representatives of the company have violated any provision of the Texas Antitrust laws codified in Texas Business and Commerce Code Chapter 15;

c. In connection with this qualifications statement, neither Signatory nor any representative of the company have violated any federal antitrust law; and

d. Neither Signatory nor any representatives of the company have directly or indirectly communicated any of the contents of this qualifications statement to a competitor of the company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the company.

4.7. INTERLOCAL PURCHASING

The City desires to make available to other local government entities of the State of Texas, by mutual agreement with the successful proposer, properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same goods, at the prices quoted, for the period of this agreement. Proposer shall agree to honor interlocal purchasing orders in accordance with agreement terms and conditions, in addition to orders from the City of Temple. Proposers that will not honor interlocal purchasing agreements must state interlocal agreements as an exception on the Proposer Information Form. The absence of this exception on the Proposer Information Form shall indicate that the proposer agrees to honor any interlocal purchasing agreements.

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SECTION 5 – PROPOSAL FORMS

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FORM 5.1. - PROPOSER INFORMATION FORM

1. Company Information

Company Name:

Business Address:

Remit-to Address, if different:

Tax Identification Number:

Contact Person:

Phone:

Email:

2. Addenda Our company has reviewed and formally acknowledges receipt of all addenda, if any, provided in the Euna e-procurement portal. Please record the number of addenda acknowledged here:

(number of addenda acknowledged)

3. Credit Check Authorization

The City is required to determine whether a proposer who may be awarded an agreement is financially responsible. The City may run a credit check on the potential vendor before award of the agreement. By signing this Proposer Information Form, I hereby authorize the City of Temple, credit bureau, or other investigative agency employed by the City of Temple to investigate my credit history and financial responsibility.

4. Authorized Personnel

State your firms’ personnel authorized to give representations regarding your proposal or resulting agreement, if any:

Name Phone Number Email Address

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5. Agreement The successful proposer(s) shall be able to execute the attached Purchase Agreement and be able to comply with the insurance requirements as stated within the agreement.

Please confirm your ability to execute this agreement.

(initial to confirm)

6. Exceptions Taken by Proposer State exceptions taken to any of the terms of this RFP, if any.

7. Authorization

Authorized Signature:

Print Name:

Title: Date:

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FORM 5.2. – PROPOSER QUESTIONNAIRE FORM

Provide brief, but complete, responses to the requests below, include additional pages if necessary:

Technical Solution and Deployment

1. Describe your plan to supply, install, stock, maintain, and service machines across City sites including staffing, sequencing, timeline, and site-readiness requirements.

2. List machine models and key features (e.g., ADA accessibility, cashless/EMV/contactless, telemetry, energy efficiency, temperature control, product visibility/label space). Identify how you ensure compliance with City requirements.

Operations, Service Levels, and Reliability

1. Provide your cleaning standards, spill response procedures, and routine maintenance practices (including food safety and sanitation for relevant machines).

2. Describe your protocols for site security, staff identification, conduct standards, incident escalation, and coordination with City personnel.

Compliance, Risk, and Insurance

1. Summarize compliance with applicable regulations (e.g., ADA, health/sanitation, electrical/fire codes, payment security such as PCI/EMV, data privacy if telemetry collects data).

2. Provide insurance coverage details and risk controls.

3. Identify any subcontractors, approval process, and oversight.

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Product Offering and Customer Experience

1. Propose a product mix tailored to City sites (healthy options, pricing transparency) and labeling accuracy (ingredients, allergens, nutrition).

2. Explain how users access support and refunds (channels, availability, SLAs, verification), and how issues are tracked and resolved.

3. Describe accessibility features.

Account Management, Governance, and Transition

1. Provide your account management structure, escalation paths, and reporting cadence.

2. Outline your plan for contract start-up and wind-down/transition, including asset handover, data/report transfer, and continuity in case of vendor change.

3. Explain how you coordinate with City site contacts (installation scheduling, outages, special events) and maintain consistent communication.

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FORM 5.3. - CONFLICT OF INTEREST QUESTIONNAIRE

See Section 4.2. Conflict of Interest, for information regarding when it is necessary to complete and submit this form.

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SECTION 6 – ATTACHMENTS

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SECTION 6 – ATTACHMENTS

ATTACHMENT 6.1.

CITY OF TEMPLE

SERVICES AGREEMENT

STATE OF TEXAS § Description of Services: Vendor Machine

Services

COUNTY OF BELL §

Date: _______________

This Agreement is made and entered into by and between _______________, (Company) and the City of Temple, Texas (City), a Texas home rule City, acting by and through its duly authorized agent, Brynn Myers, City Manager, who agree as follows:

1. SCOPE OF AGREEMENT

1.1 The City hereby agrees to employ Company and Company agrees to perform the necessary services as set forth in Exhibit ‘A,’ attached hereto and incorporated herein for all purposes.

1.2 In the event of a conflict among the terms of this Agreement and the exhibit, the term most favorable to the City, in City’s sole discretion, shall control.

2. TERM OF AGREEMENT; TERMINATION

2.1. This Agreement shall be effective immediately upon executed through September 30, 2027, with renewal options consisting of four (4) one-year terms, unless otherwise extended or terminated by the City in accordance with the terms and conditions herein. The City reserves the right to withdraw from the Agreement immediately if its governing body fails to appropriate funds necessary for the satisfaction of its contractual obligations. Either party may terminate this Agreement for any reason with thirty days (30) written notice to the other party.

2.2. The City’s obligations under this Agreement shall not constitute a general obligation of the City or indebtedness under the constitution or laws of the State of Texas. Nothing contained herein shall ever be construed so as to require City to create a sinking fund or to assess, levy and collect any tax to fund its obligations under this Agreement.

2.3. The City reserves the right to enforce the performance of this Agreement in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of any provision of this Agreement, including immediate termination of this Agreement.

3. ENTIRE AGREEMENT

This Agreement represents the entire agreement between Company and the City and no prior or contemporaneous oral or written Agreements or representations shall be construed to alter its terms. No additional terms shall become part of this Agreement without the written consent of both parties and compliance with relevant state law. This Agreement supersedes all other prior agreements either oral or in writing.

4. ASSIGNMENT

Company shall not assign or subcontract its obligations under this Agreement without the prior written consent of the City.

5. INDEMNITY

5.1 Definitions

For the purpose of this section the following definitions apply:

“City” shall mean all officers, agents and employees of the City of Temple.

“Claims” shall mean all claims, liens, suits, demands, accusations, allegations, assertions, complaints, petitions, proceedings and causes of action of every kind and description brought for damages.

“Company” includes the corporation, company, partnership, or other entity, its owners, officers, and/or partners, and their agents, successors, and assigns.

“Company’s employees” shall mean any employees, officers, agents, subcontractors, licensees and invitees of Company.

“Damages” shall mean each and every injury, wound, hurt, harm, fee, damage, cost, expense, outlay, expenditure or loss of any and every nature, including but not limited to:

(i) injury or damage to any property or right

(ii) injury, damage, or death to any person or entity

(iii) attorneys’ fees, witness fees, expert witness fees and expenses,

(iv) any settlement amounts; and

(v) all other costs and expenses of litigation

“Premise Defects” shall mean any defect, real or alleged, which now exists, or which may hereafter arise upon the premises.

5.2 Indemnity

COMPANY AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY FROM

AND AGAINST LIABILITY FOR ANY CLAIMS FOR DAMAGES ARISING OUT OF THE

COMPANY'S WORK AND ACTIVITIES CONDUCTED IN CONNECTION WITH THIS

AGREEMENT.

COMPANY IS AN INDEPENDENT CONTRACTOR AND IS NOT, WITH RESPECT TO ITS

ACTS OR OMISSIONS, AN AGENT OR EMPLOYEE OF THE CITY.

COMPANY MUST AT ALL TIMES EXERCISE REASONABLE PRECAUTIONS ON BEHALF

OF, AND BE SOLELY RESPONSIBLE FOR, THE SAFETY OF COMPANY’S EMPLOYEES WHILE

IN THE VICINITY WHERE THE WORK IS BEING DONE. THE CITY IS NOT LIABLE OR

RESPONSIBLE FOR THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF COMPANY

OR COMPANY’S EMPLOYEES.

THE CITY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DAMAGES WHICH ARE

DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO PREMISE DEFECTS.

THE CITY AND COMPANY MUST PROVIDE THE OTHER PROMPT AND TIMELY NOTICE

OF ANY COVERED EVENT WHICH IN ANY WAY AFFECTS OR MIGHT AFFECT THE COMPANY

OR CITY. THE CITY HAS THE RIGHT TO COMPROMISE AND DEFEND THE SAME TO THE

EXTENT OF ITS OWN INTERESTS.

THE INDEMNITY OBLIGATIONS HEREIN SHALL SURVIVE THE TERMINATION OF THE

AGREEMENT FOR ANY REASON AND SHALL SURVIVE THE COMPLETION OF THE WORK.

6. INSURANCE

6.1 AMOUNTS OF INSURANCE

Company agrees to provide and to maintain the following types and amounts of insurance, for the term of this Contract:

TYPE AMOUNT

(a) Workers Compensation (where required by State law, specifically including but not limited to, Tex. Labor Code Sec. 406.096)

Employer's Liability $100,000 per occurrence

(b) Commercial (Public) Liability, including but not limited to:

1. Premises/Operations Combined Single Limit for

2. Independent Contractors Bodily Injury and

3. Personal Injury Property Damage

4. Products/Completed Operations

5. Contractual Liability $500,000 per occurrence

(insuring above indemnity provisions)

(c) Comprehensive Automobile Liability - to include coverage for:

1. Owned/Leased Automobiles Combined Single Limit for

2. Non-owned Automobiles Bodily Injury and Property

3. Hired Cars Damage: $500,000 per occurrence

6.2 OTHER INSURANCE REQUIREMENTS

Company understands that it is its sole responsibility to provide the required Certificates and that failure to timely comply with the requirements of this article shall be a cause for termination of this Contract.

Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies shall be subject to examination and approval by the City Attorney's Office for their adequacy as to form, content, form of protection, and providing company.

Insurance required by this Contract for the City as additional insured shall be primary insurance and not contributing with any other insurance available to City, under any third-party liability policy.

Company further agrees that with respect to the above required liability insurances, the City shall:

(a) Be named as additional insured.

(b) Be provided with a waiver of subrogation, in favor of the City.

(c) Be provided with 30 days advance written notice of cancellation, nonrenewal, or reduction in coverage (all "endeavor to" and similar language of reservation stricken from cancellation section of certificate).

(d) Prior to execution of this Agreement, be provided through the office of the City Attorney with their original Certificate of Insurance evidencing the above requirements.

The insurance requirements set out in this section are independent from all other obligations of Company under this Agreement and apply whether or not required by any other provision of this Agreement.

7. PAYMENT AND PERFORMANCE

Payment for services described in this Agreement will be made in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code, or as subsequently amended.

8. VENUE; RECOVERY OF FEES; DISPUTE RESOLUTION; CHOICE OF LAW

Any suit or claim or cause of action regarding this Agreement shall be brought in Bell County, Texas, as the choice of venue and jurisdiction and site of performance by the parties. If the City is the prevailing party in any such action, the City may recover reasonable costs, including costs of court, attorney’s fees, expert witnesses’ fees, and trial consultants’ fees. The parties further agree that the law of the State of Texas shall govern any interpretation of the terms of this Agreement.

9. COMPANY CERTIFICATIONS

Company certifies that neither it, nor any of its agents or employees, have or will offer or accept gifts or anything of value, or enter into any business arrangement, with any employee, official, or agent of the City.

Company certifies, pursuant to Texas Government Code Chapter 2270, that it does not boycott Israel and will not boycott Israel during the term of this Agreement. Company further certifies, pursuant to Texas Government Code Chapter 2252, Subchapter F, that it does not engage in business with Iran, Sudan, or a foreign terrorist organization as may be designated by the United States Secretary of State pursuant to his authorization in 8 U.S.C. Section 1189.

Company certifies, pursuant to Texas Government Code Chapter 2274, Subchapter F, Title 10, if the Company has 10 or more full-time employees and the contract value is $100,000 or more, Company certifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract.

Company certifies, pursuant to Texas Government Code Chapter 2274, Subchapter F, Title 10, if the

Company has 10 or more full-time employees and the contract value is $100,000 or more, Company certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and that it will not discriminate during the term of this contract against a firearm entity or firearm trade association.

Company certifies, pursuant to Texas Government Code, Chapter 2252, Subchapter F, it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

Company acknowledges this Agreement may be terminated without penalty if these certifications are or at any time become inaccurate.

10. NO WAIVER OF IMMUNITY

The City does not waive any statutory or common law right to sovereign immunity by virtue of the execution of this Agreement.

11. NOTICES

Whenever any notice is required or permitted under this Agreement or by law, it shall be in writing and shall be delivered (i) electronically; (ii) personally, with acknowledgment of receipt being obtained by the delivering Party; (iii) by U.S. Certified Mail, return receipt requested; or (iv) by overnight delivery service by a reliable company, such as Federal Express or the United Parcel Service. Notices to the Parties shall be delivered as follows:

If notice is given by U.S. Certified Mail, then the notice shall be deemed to have been given on the second

(2nd) Business Day after the date the envelope containing the notice is deposited in the U.S. Mail, properly addressed to the Party to whom it is directed, postage prepaid. Notice made by personal delivery or overnight delivery shall be deemed given when received. Notice given electronically shall be deemed given the next City business day after it has been successfully sent.

12. CONTRACT ADMINISTRATOR

This Agreement shall be administered on the City’s behalf by and all notices, questions, or documentation, arising under this Agreement shall be addressed to the contract administrator at:

Randi Hairston, Assistant Director of General Services

3210 E Avenue H, Building C Temple, Texas 76501

13. EXECUTION OF AGREEMENT

The execution of this Agreement shall proceed as follows: signature of Company (and the Corporate Secretary and seal, if applicable) shall be affixed hereto, whereupon the Agreement shall be submitted to the City Attorney’s Office for review and approval. After such approval, the Agreement shall then be signed by the City Manager. After such approval, an executed original of this Agreement shall be kept on file in the City Secretary’s Office.

THE CITY OF TEMPLE, TEXAS

Sarah Parker, Purchasing Division Director By:

ATTEST:

Jana Lewellen, City Secretary

APPROVED AS TO FORM:

City Attorney’s Office

Finance