ITB 26_19 Vending Machine Services Annual Con.pdf

ITB 26-19 VENDING MACHINE SERVIES ANNUAL CONTRACT FOR CLAYTON COUNTY, GEORGIA 2 of 64

TABLE OF CONTENTS

1. INFORMATION AND INSTRUCTIONS TO BIDDERS

2. SUBMITTAL CHECKLIST

3. INTRODUCTION

4. SCOPE OF SERVICES

5. MINIMUM REQUIREMENTS

6. BROCHURES

7. STANDARD COUNTY CONTRACT

8. APPENDICES

Appendix A – Contract Compliance Requirements Appendix B – Bonding and Insurance Requirements Appendix C – Required Form Submittals Appendix D – Contract Compliance Requirements (LVP)

9. ATTACHMENTS

Attachment A – Scope of Services Attachment B – Bid Cost Form………..…………………………………………….… Attachment C – Draft County Contract

10. EXHIBITS

Exhibit A – Vending Locations Exhibit B – Refund Request Form……..…………………………………………….…

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ITB #26-19 VENDING MACHINE SERVICES ANNUAL CONTRACT FOR

CLAYTON COUNTY, GEORGIA

INFORMATION AND INSTRUCTION TO BIDDERS

1. Invitation to Bids: This Invitation to Bid (ITB) is from qualified Bidders (“Bidder” or

“Bidders”) to provide Vending Machine services for Clayton County, Georgia. A detailed Scope of Services (“SOS”) is set forth in this ITB.

2. Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the Clayton County Code of Ordinances. By submitting a Bid in reference to this solicitation, a Bidder acknowledges that it is familiar with all laws applicable to this solicitation, including, but not limited to, the County’s Code of Ordinances, which laws are incorporated into this ITB by reference.

3. Minimum Qualifications: Each Bidder and team member shall have the minimum experience set forth in this ITB.

4. Certificate of Authority to Transact Business in Georgia: Each Bidder must submit documentation that demonstrates it is duly authorized to conduct business in the State of Georgia with its Bid. This requirement also applies to Joint Venture (JV) Team Members, and Subcontractors.

5. Business License: Bidder is requested to submit a copy of its current, valid business license with its Bid. If the Bidder is a Georgia corporation, Bidder is requested to submit a valid County or City business license. If Bidder is a joint venture, Bidder is requested to submit valid business licenses for each member of the joint venture. If the Bidder is not a Georgia corporation, Bidder is requested to submit a Certificate of Authority to Transact Business in the State of Georgia and a copy of its current, valid business license issued by its home jurisdiction.

6. Professional License: Bidder must submit a copy of any professional license required by this ITB with its bid.

7. No Offer by County and Firm Offer by Bidder: This solicitation does not constitute an offer by County to enter into a Contract and shall not be construed by any Bidder to form a Contract. This solicitation is only an invitation for offers from interested Bidders and no offer shall bind County. A Bidder’s offer is a firm offer and may not be withdrawn except as provided in this ITB, the County’s Code of Ordinances and other applicable law.

8. Bid Duration: Bids submitted in response to this ITB must be valid for a period of one hundred and twenty (120) calendar days from the Bid Submission Deadline and must be marked as such.

9. Bid Submission Deadline: Responses to this ITB should be sent via email to https://www.bidnetdirect.com/georgia/claytoncounty. by 3:00 p.m., Eastern Standard Time (EST) on Thursday, April 30, 2026. To attend the Bid Opening, please register by sending an email to centralservicesbids@claytoncountyga.gov.

https://www.bidnetdirect.com/georgia/claytoncounty mailto:centralservicesbids@claytoncountyga.gov

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10. Non-Mandatory Pre-Bid Conference: A Non-Mandatory Pre-Bid Conference has been scheduled for Thursday, April 9, 2026, at 10:00 A.M., EST., and will be hosted virtually by our staff and responsible person (s). Please register by sending an email to centralservicesbids@claytoncountyga.gov. Attendance at the Pre-Bid Conference is non-mandatory for Bidders responding to this ITB. During the Pre-Bid Conference, the general requirements of the project will be discussed. Any questions raised by potential Bidders will be discussed. Verbal answers to questions during the Pre-Bid Conference will not be authoritative. Each Bidder must be fully informed regarding all existing and expected conditions and matters, which might affect the cost or performance of the Services. It should be emphasized, however, that nothing stated or discussed during the course of this Pre-bid conference shall be considered to modify, alter, or change the requirement of the solicitation documents, unless it shall be subsequently incorporated into an addendum to the solicitation documents.

11. Solicitation Questions/Prohibited Contacts: Any questions and communications regarding this ITB shall be submitted in writing by logging into https://www.bidnetdirect.com/georgia/claytoncounty on or before Thursday, April 16, 2026, at 3:00 P.M., (EST). Questions received after the designated period may not be considered. Any response made by the County will be posted online at https://www.bidnetdirect.com/georgia/claytoncounty by addendum. No Bidder may rely on any verbal response to any question submitted concerning this ITB.

12. All Bidders, and/or representatives of Bidders, seeking an award of a Clayton

County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee or other County representative other than the Department of Central Services employee named in the solicitation, between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners, unless specified otherwise herein. Attempting to influence the outcome of any given contract prior to a recommendation of award to the Board of Commissioners is strictly prohibited. The Chief Procurement Officer will review alleged violations of this prohibition. If the Chief Procurement Officer determines that such a communication has compromised the competitive process, the offer submitted by that Bidder may be disqualified from consideration for award, and that Bidder may, among other things, be placed on the Ineligible Source List. Violations of this prohibition may also be subject to prosecution under Federal, State or Local laws. . Clayton County employees, officials, and their family members are prohibited from seeking, requesting, or receiving any material payment, gift, job offer, security, promise of future benefit, or any other tangible or intangible thing of value when such receipt has the potential to influence a procurement decision or to gain unfair advantage in a procurement competition, and as outlined in the County's Ethics Code found in Article 2, Section 70-61, et seq. and all other applicable policies.

13. Ownership of Bids: Each Bid submitted to the County will become the property of the County, without compensation to a Bidder, for the County’s use, in its discretion. The County shall not be liable for any Bid preparation costs incurred by Bidders.

mailto:centralservicesbids@claytoncountyga.gov

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14. Georgia Open Records Act: Information provided to the County is subject to disclosure under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et. seq. Pursuant to O.C.G.A.

§ 50-18-72(a) (34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.]” and any such documents shall be labeled as confidential by Proponent. All such information shall be clearly labeled as a trade secret or confidential and include the relevant cite to the Open Records Act.

15. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any Contract that may be awarded pursuant to this ITB are set forth in Appendix B, Bonding and Insurance Requirements. Bidder must provide a copy of a current certificate of insurance evidencing any existing commercial general liability policies issued for Bidder, if any. For purposes of this section, “Bidder” shall mean an individual, corporation, or other corporate entity submitting a Bid in connection with this solicitation, including each Joint Venture partner if Bidder is a Joint Venture.

16. Applicable County Small Local Business Programs: The SLBE Programs applicable to this solicitation are set forth in Appendix A, Contract Compliance Requirements, included in this ITB. By submitting a Bid in response to this solicitation, each Bidder agrees to comply with such applicable SLBE Programs.

17. Applicable Local Vendor Preference Program: The Local Vendor Preference Program applicable to this solicitation are set forth in Appendix D.

18. Subcontractors and Manufacturers: Bidders are required to submit, in writing, the addresses of any proposed Subcontractors or equipment manufacturers listed in the Bid and may be required to submit other material information relative to proposed Subcontractors. County reserves the right to disapprove any proposed Subcontractors whose technical or financial ability, or resources, or experience are deemed inadequate.

18. Examination of Bid Documents:

Each Bidder is responsible for examining with appropriate care the complete ITB and all Addenda and for informing itself with respect to all conditions, which might in any way affect the cost or the performance of any Services. Failure to do so will be at the sole risk of the Bidder, who is deemed to have included all costs for performance of the Services in its Bid.

18.1 Each Bidder shall promptly notify County in writing should the Bidder find discrepancies, errors, ambiguities or omissions in the Bid Documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the ITB. Replies to such notices may be made in the form of an addendum to the ITB, which will be issued simultaneously to all potential Bidders.

18.2 County may in accordance with applicable law, by addendum, modify any provision or part of the ITB at any time prior to the Bid due date and time.

18.3 Each Bidder must confirm Addenda have been received and acknowledge receipt by executing the Acknowledgment of Addenda form provided with each Addendum.

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18.4 The County may waive any technicalities and formalities. The County reserves the right to cancel the ITB in its entirety.

18.5 Pursuant to Section 2-113 of the Clayton County Code of Ordinances, Bids may be disqualified by the Director of Central Services as a result of, but not necessarily limited to, the following reasons:

18.5.1 Failure to follow Clayton County's Bid schedule;

18.5.2 Failure to return applicable compliance and/or specification sheets;

18.5.3 Failure to return applicable addenda;

18.5.4 Failure to provide information on alternates or equivalents, when allowed;

18.5.5 Failure to provide bid bond when specifically stated will result in automatic rejection;

18.5.6 Failure of bidder to sign all requested documents;

18.5.7 Failure to submit Bid by deadline;

18.5.8 Failure of Contractor to extend prices;

18.5.9 Failure to hold firm pricing;

18.5.10 Failure to meet specified delivery requirements;

18.5.11 Prices for services or items that exceed the department's budgeted amount allowed for those items;

18.5.12 A bid submitted by a Person on the Ineligible Source List;

18.5.13 A bid which is non-responsive;

18.5.14 A bid submitted by a Person having been determined in violation of

Section 2-97 of the Purchasing Code; and/or

18.5.15 A bid submitted by a Person who has litigation pending against the

County, or anyone representing a firm or business in litigation against the County, not arising out of the procurement process.

19. Illegal Immigration Reform and Enforcement Act: This ITB is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (“Act”), formerly known as the Georgia Security and Immigration Compliance Act. Pursuant to Act, the Bidder must provide with its Bid proof of its registration with and continuing and future participation in the E-Verify Program established by the United States Department of Homeland Security. Completed Contractor Affidavit, Illegal Immigration Reform and Enforcement Act Forms attached herein as Forms F6.6 and F6.7, Appendix C: Required Submittal Forms must be submitted with the Bid at the time of submission. Under state law, the County cannot consider any Bid which does not include the completed form F6.6. Where the business structure of a Bidder is such that Bidder is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Bidder must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Bidder itself.

Where the business structure of a Bidder does not require it to obtain an EIN, each entity comprising Bidder must submit a separate Contractor Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Bidders intending to do business with the County are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on County solicitations and their participation in those solicitations. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll.

https://e-verify.uscis.gov/enroll

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20. Multiple Awards: The County reserves, in its sole discretion, the right to make one (1) award, no award, or award to multiple Bidders. The award(s) will be based on the Bid in its entirety or by components.

21. Award and Execution of Contract: If the County awards a Contract pursuant to this solicitation, the County will prepare and forward to the successful Bidder a Contract for execution substantially in the form of the Draft Contract included in this ITB. Changes may be made to reflect the Bidder’s Bid, Scope of Services, and Cost Bid Forms. All Bidders should thoroughly review the document prior to submitting a Bid. Any proposed revisions to the terms or language of this document must be submitted in writing with the Bidder’s response to the ITB. Since proposed revisions may result in a Bid being rejected if the revisions are unacceptable to the County, Bidder should review any proposed revisions with an Authorized Representative having authority to execute the Contract. Upon approval of the Bidder by the Clayton County Board of Commissioners, the County will provide the Bidder with three (3) unsigned Contracts. The Bidder shall execute and return three (3) Contracts, with required insurance certificates and other documents as listed in this ITB or required by the County, no more than (10) calendar days of receipt from the Contracts.

22. Joint Ventures: Each party to a Joint Venture will be required to fully complete and submit the Required Submittal Forms unless otherwise indicated in this ITB.

23. Conflict of Interest: Bidders are advised to read and familiarize themselves with the conflict of interest provisions of this ITB. The County reserves the right to issue ITBs for specific projects that are independent of ITB #26-16 Vending Machine Services Annual Contract for Clayton County, Georgia. Except as stated in this ITB and the Notice to Bidders concerning Conflicts of Interests, successful Bidders under this ITB are not precluded from responding to such solicitations.

24. Tax Exemption Status: The County is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by Clayton County.

Exemption certificates will be furnished upon request.

25. Codes, Permits, Fees, Licenses and Laws: All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Bidder. All material, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, which shall apply to the contract throughout and will be deemed to be incorporated into the contract as though herein written out in full.

26. TITLE VI SOLICITATION NOTICE - Clayton County, GA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations (28 CFR Part 42), hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded a full and fair opportunity to submit bids in response to this invitation and will not be excluded from participation in, denied the benefits of, or subject to discrimination in consideration for an award for any program or activity that receives Federal funds or other Federal financial assistance on the grounds of race, color, or national origin.

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27. COOPERATIVE PROCUREMENT- The County may permit other governmental entities to purchase the same commodity, equipment, or service from suppliers at the same price and under the same terms and conditions as extended to the County in a competitively procured contract. Other governmental entities may utilize the County's competitively procured contracts as “piggyback” purchases if such contract stipulates allowance for such governmental entities to purchase the same commodity, equipment, or service from the supplier at the same price and under the same terms and conditions as extended to the County or if the governmental entity obtains written permission from the director and awarded supplier.

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SUBMITTAL CHECKLIST

1. Please use the following checklist to verify that all required information is included in your bid.

2. It is the sole responsibility of each Bidder to ensure that their bid is inclusive of all submittals outlined below or elsewhere in this ITB.

3. Failure to submit any of the items below may cause rejection of the Bid. Bidder must return each and every page of this ITB.

4. Bidders are required to submit responses to solicitations electronically for e-Bid solicitations only online at: https://www.bidnetdirect.com/georgia/claytoncounty.The County will not consider any bid that does not include completed Illegal Immigration Reform and Enforcement Act Affidavit Form(s).

5. Any modifications to the Bid Cost Form may result in a bid being deemed Non-Responsive.

REQUIRED DOCUMENTATION INITIAL IF INCLUDED

1. BID SOLICITATION FORM ______________

2. ENTIRE BID ______________

3. SUBMITTAL CHECKLIST (THIS FORM) ______________

4. ADDENDA (IF APPLICABLE) ______________

5. BID COST FORM (ATTACHMENT A) ______________

6. REQUIRED FORM SUBMITTALS (APPENDIX C)

F6.1 W-9 FORM ______________

F6.2 NON-CONFLICT OF INTEREST ______________

F6.3 NON-COLLUSION FORM ______________

F6.4 BUSINESS ENTITY CERTIFICATE ______________

F6.5 CERTIFICATE OF AUTHORITY-JOINT VENTURE ______________

F6.6 ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT –CONTRACTOR AFFIDAVIT ______________

F6.7 ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT-SUBCONTRACTOR AFFIDAVIT ______________

F6.8 SUBCONTRACTOR INFORMATION FORM ______________

F6.9 ACKNOWLEDGEMENT OF BIDDER ______________

F6.10 REFERENCE AND RELEASE FORM ______________

F6.11 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS ______________

F6.12 EXCEPTIONS TO SPECIFICATION FORM ______________

F6.13 CERTIFICATION OF ABSENCE OF CONFLICT OF INTEREST FOR

DEVELOPMENT OF SPECIFICATIONS OF SCOPE OF WORK ______________

F6.14 DEBARMENT FORM

7. BUSINESS LICENSE

8. PROFESSIONAL LICENSE _____________

9. SLBE FORMS ______________

Printed Name Title Date

Signature Firm Name

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Email Address Phone Number

1. INTRODUCTION

The County is seeking a Bidder to install, maintain, operate, and provide Vending Machine Services at each of the specified locations as listed in this ITB. The County reserves the right to add or remove locations as necessary.

1.1 BACKGROUND

Clayton County, Georgia is a suburban community, minutes south of Atlanta. As 2010 statistics indicate that the County is densely populated with approximately 259,424 residents located within a 143 square mile geographical area. It has a relaxed, small town atmosphere, but with all the amenities of a major metropolitan area. An attractive lifestyle, business opportunities, quality public educational system which includes a four-year college and numerous excellent healthcare facilities make Clayton County a highly attractive place to live, work and play. The Clayton County Board of Commissioners (BOC) is the governing authority of Clayton County. The Board of Commissioners consists of a full-time chairman that is elected countywide, and four part-time commissioners elected by district. The County has independently elected Constitutional Officers including a Tax Commissioner, District Attorney, Sheriff, and Judicial Officers.

The County has approximately sixteen (16) departments and approximately two thousand seven hundred (2,700) employees. The Vending Machine Services are required for approximately fourteen (14) locations throughout the County.

1.2 INTENT TO AWARD

The County intends to award to the Bidder who will generate the highest revenue to the County; however, the County reserves the right to make multiple awards or no award.

1.2.1 Responsibility - The determination of the Bidder’s responsibility will be made by the County based on whether the Bidder meets the following minimum standard requirements:

1.2.1.1 Has the appropriate and adequate technical experience required;

1.2.1.2 Has adequate personnel and equipment to perform the work expeditiously;

1.2.1.3 Ability to comply with the required or proposed delivery and installation schedule;

1.2.1.4 Has a satisfactory record of performance;

1.2.1.5 The ability of Bidder to provide future maintenance and/or service;

1.2.1.6 Has adequate financial means to meet obligations incidental to the work;

and

1.2.1.7 Such other factors that the County deems to be pertinent to either the Bid or the contract.

1.2.2 Responsiveness - The determination of the Bidder’s responsiveness will be made by the County based on a consideration of whether the Bidder has submitted complete Bid documents meeting ITB requirements without irregularities, exclusions, special conditions, or alternative bids for any item unless specifically requested in the

ITB.

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1.3 TERM OF CONTRACT

1.3.1 The Contract shall commence within ten (10) calendar days after receipt of written Notice to Proceed (NTP).

1.3.2 The initial term of the Contract and any renewal terms are collectively referred to as the “Term”. The initial term of this Contract shall be for one (1) year, and may be automatically renewed for up to four (4) successive one (1) year terms upon the same terms and conditions. The services to be performed under this Contract shall commence on the Contract’s effective date and terminate absolutely and without further obligation on the part of the County on December 31st of the year in which it was executed and on December 31st of each succeeding and renewed year, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Contract.

1.4 CONFLICT OF INTEREST NOTICE TO BIDDERS

1.4.1 All firms, Subcontractors and their employees are notified and advised to avoid potential conflicts of interests. Full and prompt disclosure of involvement in any project or services to other clients that may be in conflict with financing, construction, operation and management of the County’s projects shall be made to the County in the technical response of the firm’s Bid, and in advancement of assignment so that real or potential conflicts of interest can be avoided.

1.4.2 In any circumstance where Bidder, including any joint venture partners, parent or subsidiary companies, or affiliates under common control, is providing Services or work under another contract with the County and a dispute, claim or conflict of interest arises between the County and such Bidder under this Contract or another Contract, the County may in its sole determination and discretion, suspend all existing work under this Contract and may or may not issue any further work to the Bidder under this Contract unless and until such dispute, claim or conflict of interest is resolved to the County’s satisfaction. Should the County take such action, Bidder shall not be entitled to any additional costs of any kind resulting from such action except that Bidder may be paid for any authorized Services provided to the County under this Contract prior to the effective date of the suspension of the work. This provision shall not be deemed exclusive but shall be supplemental to any rights and remedies available to the County under this Contract, any other Contract or as may be available under applicable law.

1.5 SUB-CONSULTANTS AND SUBCONTRACTORS

1.5.1 Bidders must ensure the responsibility standards for each of its Subcontractors as listed below and in each and every part of this ITB. Verification must include documentation that each Subcontractor meets the responsibility criteria required to perform the work including any professional license, certification, insurance requirements of this ITB, any governmental agency having jurisdiction over the matter, or any law or regulation pertaining to the work, or requirements. Bidder must not furnish any statement, representation, or certification in connection with a Subcontractor(s) that is materially false, deceptive, incorrect, or incomplete. Failure of the Bidder to provide information concerning the responsibility of any Subcontractor may result in a finding that the Bidder is not responsible.

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1.5.2 All proposed Subcontractors must be listed in the Bidder’s response. Bidder shall ensure that all proposed Subcontractors have adequate personnel, past experience, adequate facilities, finances, and business systems to perform the scope of services. The County reserves the right to approve all Subcontractors.

1.5.3 Bidders are required to verify the existence, authenticity, and dates of expiration of all licenses required by all Subcontractors engaged in the work of this ITB. The lack of a valid license for any Subcontractor shall be grounds for default, and for immediate termination of the contract for cause with prejudice as it relates to the Bidder and the removal of any unlicensed entity from the project.

1.5.4 All Sub-Consultants and Subcontractors must be approved by the County prior to performing on the Contract. Bidder must receive written permission to add Sub-Consultants or Subcontractors not initially submitted with Bidder’s response.

Sub-Consultants and Subcontractors must not subcontract any portion of their work pursuant this ITB without the written consent of the County. Failure of the Bidder to obtain from the County prior approval of each Sub-Consultant or Subcontractor performing work on the project may result in suspension of work by that subcontractor, removal of work performed by unapproved subcontractor(s) and all permissible sanctions against the Bidder, including terminating the contract.

2. SCOPE OF SERVICES

The Bidder shall install and maintain Vending Machine Services for Clayton County, Georgia as specified in this ITB and Attachment A, Scope of Services (SOS), attached hereto and incorporated herein by reference.

3. MINIMUM REQUIREMENTS

3.1 Bidder shall pay for all permits, fees, arrangements for inspections, licenses, and costs incurred for the duration of the contract. Bidder must maintain and provide copies of all required Federal, State and Local licenses, certifications or permits.

3.2 Bidder shall have three (3) years of experience in similar work in vending machine services. Please be sure to include the necessary references to support this requirement in Appendix C, Required Form Submittals, F6.10 – Reference and Release Form.

3.3 The Bidder shall comply with the American with Disabilities Act (ADA) vending machine laws.

3.4 A manufacturer brochure or specification sheet with pictures of each type of vending machine shall be submitted with the bid for the County’s review. All items shall be included with your ITB Package.

4. STANDARD COUNTY CONTRACT

The Draft Contract attached as Attachment C is a standard County document, which should be thoroughly reviewed by all Bidders prior to submitting a Bid. Please Refer to Information and Instructions to Bidders, Exception Form, Award, and Execution of Contract in this ITB.

Modifications or additions to the County’s Standard Contract will not be considered after contract award.

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APPENDIX A

SMALL LOCAL BUSINESS ENTERPRISE (SLBE)

AND PROCUREMENT

NON-DISCRIMINATION PROGRAM

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APPENDIX B

BONDING AND INSURANCE REQUIREMENTS

A. Bonding Requirements

There are no bonding requirements for this ITB.

B. Insurance Requirements

Preamble The following requirements shall apply to all work under the Contract. Compliance is required by all Contractors/Consultants. To the extent permitted by applicable law, Clayton County (“County”) reserves the right to adjust or waive any insurance requirements contained in this Appendix B and applicable to the Contract.

1. Evidence of Insurance Required Before Work Begins No work under the Contract may be commenced until all insurance requirements contained in this Appendix B, or required by applicable law, have been complied with and evidence of such is compliance satisfactory to County as to form and content and has been filed with County. Contractor/Consultant must provide County with a Certificate of Insurance and Endorsements that clearly and unconditionally indicate that Contractor/Consultant has complied with all insurance requirements set forth in this Appendix B and applicable to the Contract. If the Contractor/Consultant is a joint venture, the insurance certificate shall name the joint venture, rather than the joint venture partners individually, as the primary insured. In accordance with the solicitation documents applicable to the Contract at the time Contractor/Consultant submits to County its executed Contract, Contractor/Consultant must satisfy all insurance requirements required by this Appendix B and applicable by law, and provide the required written documentation to County evidencing such compliance. In the event that Contractor/Consultant does not comply with such submittal requirements within the time period established by the solicitation documents or the transmittal correspondence, County may, in addition to any other rights it may have under the solicitation documents, the Contract or under applicable law, make a claim against any bid security provided by Contractor/Consultant, if any, or decline to enter into a contract with Contractor.

2. Minimum Financial Security Requirements All companies providing insurance required by this Appendix B must meet certain minimum financial security requirements. These requirements must conform to the ratings published by A.M. Best & Co. in the current Best's Key Rating Guide - Property-Casualty. The ratings for each company must be indicated on the documentation provided by Contractor/Consultant to County certifying that all insurance requirements set forth in this Appendix B and applicable to the Contract have been unconditionally satisfied.

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For all contracts, regardless of size, companies providing insurance or bonds under the contract must meet the following requirements:

i) Best's Rating not less than A-VII,

ii) Best's Financial Size Category not less than Class VII, and

iii) Companies must be authorized to conduct and transact insurance contracts by the Insurance Commissioner, State of Georgia.

iv) All bid, performance and payment bonds must be underwritten by a U.S. Treasury

Circular 570 listed company.

If the issuing company does not meet these minimum requirements, or for any other reason is or becomes unsatisfactory to County, County will notify Contractor/Consultant in writing. Contractor/Consultant must promptly obtain a new policy or bond issued by an insurer acceptable to County and submit to County evidence of its compliance with these conditions.

Contractor/Consultant’s failure to comply with all insurance minimum requirements set forth in this Appendix B and applicable to the Contract will not relieve Contractor/Consultant from any liability under the Contract. Contractor/Consultant’s obligations to comply with all insurance requirements set forth in Appendix B and applicable to the Contract will not be construed to conflict with or limit Contractor/Consultant’s indemnification obligations under the Contract.

3. Insurance Required for Duration of Contract

All insurance required by this Appendix B must be maintained during the entire term of the Contract, including any renewal or extension terms, and until all work has been completed to the satisfaction of the County. If Clayton County shall so request, the Contractor/Consultant will furnish the County for its inspection and approval such policies of insurance with all endorsements, or confirmed specimens thereof certified by the insurance company to be true and correct copies.

4. Notices of Cancellation & Renewal

Contractor/Consultant must, notify Clayton County in writing at the address listed below by mail, hand-delivery or facsimile transmission, within 2 days of any notices received from any insurance carriers providing insurance coverage under this Contract and Appendix B that concern the proposed cancellation, or termination of coverage.

Risk Management Division Central Services Dept.

7994 N. McDonough St.

Jonesboro, GA 30236 Fax No. (770) 473-5907

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Confirmation of any mailed notices must be evidenced by return receipts of registered or certified mail.

Contractor/Consultant shall provide the County with evidence of required insurance prior to the commencement of this Contract, and, thereafter, with a certificate and required endorsements evidencing renewals, replacements or changes to required policies of insurance at least fifteen (15) days prior to the expiration of previously provided certificates.

5. Agent Acting as Authorized Representative Each and every agent acting as Authorized Representative on behalf of a company affording coverage under this contract shall warrant when signing the Certificate of Insurance that specific authorization has been granted by the Companies for the Agent to bind coverage as required and to execute the Certificates of Insurance as evidence of such coverage. Clayton County coverage requirements may be broader than the original policies; these requirements have been conveyed to the Companies for these terms and conditions.

In addition, each and every agent shall warrant when signing the Accord Certificate of Insurance that the Agent is licensed to do business in the State of Georgia and that the Company or Companies are currently in good standing in the State of Georgia.

6. Certificate Holder Clayton County, GA, Clayton County Board of Commissioners, 7994 N.

McDonough St., Jonesboro, GA 30236, must be named as certificate holder. All notices must be mailed to the attention of Risk Management at 7994 N. McDonough St., Jonesboro, GA 30236.

7. Project Number & Name The project number and name, ITB #26-19 Vending Machine Services Annual Contract for Clayton County, Georgia, may be referenced in the description section of the insurance certificate.

8. Additional Insured Endorsements The County must be covered as Additional Insured under Commercial General Liability insurance and such insurance must be primary with respect to the Additional Insured. Contractor/Consultant must submit to County an Additional Insured Endorsement evidencing County’s rights as an Additional Insured for each policy of insurance under which it is required to be an additional insured pursuant to this Appendix B. Endorsement must not exclude the Additional Insured from Products - Completed Operations coverage. The County shall not have liability for any premiums charged for such coverage. The Endorsement must include the following verbiage:

“Clayton County ,GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor/Consultant.”

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9. Waiver of Subrogation Endorsement The Workers’ Compensation policy must contain a Waiver of Subrogation Endorsement in favor of Clayton County including the following verbiage, “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers for losses arising from work performed by or on behalf of the Contractor/Consultant.”

10. Mandatory Sub-Contractor/Consultant Compliance It is the sole responsibility of the general Contractor/Consultant to ensure all sub- Contractors/Consultants working under it have separately procured any and all types and limits of insurance that is required under any and all pertinent local, state, federal, ordinances or resolutions that are suitable for the particular trade that the sub- Contractor/Consultant is performing. It is also the sole responsibility of the general and/or prime Contractor/Consultant to ensure any and all sub- Contractors/Consultants or vendors carry types and limits of insurance not less than those listed herein and that the sub-Contractors/Consultants and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds per this Appendix B.

11. Self- Insured Retentions, Deductibles or Similar Obligations Any self-insured retention, deductible or similar obligation will be the sole responsibility of the Contractor/Consultant.

12. Task Order Evidence of compliance with insurance requirements must be provided on a Task Order basis prior to the issuance of any Notice to Proceed. Additional Insurance Requirements may be mandatory for particular Task Orders as required.

13. Coverage Limits Coverage provided by the Contractor/Consultant shall not be limited to the liability assumed under the indemnification provisions of the Contract.

14. Non-limitation on the Contractor’s/Consultants Liability The obligations for the Contractor/Consultant to procure and maintain insurance shall not be construed to waive or restrict other obligations and it is understood that insurance in no way limits liability of the Contractor/Consultant whether or not same is covered by insurance.

15. Use of Premises The Contractor/Consultant shall confine its apparatus, material and the operations of its workers to limits/requirements indicted by law, ordinances, permits, codes and any restriction of Contractor/Consultant and shall not unreasonably encumber the premises with its materials or supplies.

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C. Coverage Types and Limits

1. Workers' Compensation and Employer's Liability Insurance Contractor/Consultant must procure and maintain Workers' Compensation and Employer's Liability Insurance in compliance with the applicable Workers’ Compensation Act(s) of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes in the following limits to cover each employee who is or may be engaged in work under the Contract:

Workers' Compensation. . . . . . . . Statutory Employer's Liability:

Bodily Injury by Accident/Disease $1,000,000 each accident Bodily Injury by Accident/Disease $1,000,000 each employee Bodily Injury by Accident/Disease $1,000,000 policy limit

2. Commercial General Liability Insurance

Contractor/Consultant must procure and maintain Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence subject to a $2,000,000 aggregate.

The following is the minimum insurance and limits that the Contractor/Consultant must maintain. If the Contractor/Consultant maintains higher limits than the minimums shown below, County requires and shall be entitled to coverage for the higher limits maintained by the Contractor/Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to County. T h e f o l l o w i n g indicated extensions of coverage must be provided:

Products – Completed Operations Aggregate Personal and Advertising Injury Premises Operations Independent Contractor/Consultants/Sub-Contractor/Consultants Additional Insured Endorsement* (primary& non-contributing in favor of Clayton

County) Any other type of liability for which this Contract applies

3. Commercial Automobile Liability Insurance

Automobile Liability Insurance with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. Insurance shall include all owned, non-owned and hired vehicle liability.

If Contractor/Consultant does not own any automobiles in the corporate name, non-owned vehicle coverage will apply and must be endorsed on either Contractor/Consultant’s personal automobile policy or the Commercial General Liability coverage required under this Appendix B.

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APPENDIX C

REQUIRED FORM SUBMITTALS

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F6.1 W-9 FORM

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6.2 NON-CONFLICT OF INTEREST

By submitting a Bid in response to this solicitation, the Bidder represents that in the preparation and submission of this Bid, said Bidder did not either directly or indirectly, enter into any combination or arrangement with any person, Bidder, Corporation or enter into any Contract, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-

9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in Bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

Bidder certifies that to the best of its knowledge, no circumstances exist which shall cause a conflict of interest in performing services for Clayton County, and that no company or person other than bona fide employees working solely for our firm has been employed or retained to solicit or secure a Contract resulting from this Invitation to Bid.

Signature:

Type Name:

Title:

Firm:

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F6.3 NON-COLLUSION AFFIDAVIT

I, ____________________________ of the City of _________, in the County of ___________________ , and the State of _____________, of full age, being duly sworn according to law on my oath depose and say that: I am __________________________ of the firm of ___________________________________________________________.

By submitting a bid in response to this solicitation, the Bidder represents that in the preparation and submission of this bid, said Bidder did not either directly or indirectly, enter into any combination or arrangement with any person, bidder, Corporation or enter into any Contract, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-

9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

Bidder certifies that to the best of our knowledge, no circumstances exist which shall cause a conflict of interest in performing services for Clayton County, and that no company or person other than bona fide employees working solely for our firm has been employed or retained to solicit or secure an Contract resulting from this ITB.

(Printed Name) (Signature)

Subscribed and sworn to before me this _____day of ___________, 20_______.

(Signature of Notary Public) Notary Public of _____________________________ My Commission expires_______________, 20_____

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F6.4 BUSINESS ENTITY CERTIFICATE

(a) CORPORATE CERTIFICATE

I, __________________________________________________, certify that I am the ___________________________of the Corporation named as Bidder herein, same (title) being organized and incorporated to do business under the laws of the State of __________________; that _____________________________who executed this Bid on behalf of the Bidder was, then and there, __________________________ and

(title) that said Bid was duly signed by said officer for and on behalf of said corporation, pursuant to the authority of its governing body and within the scope of its corporate powers.

This ______ day of ____________________, 20 _____.

(Corporate Seal must be affixed above)

(b) PARTNERSHIP, LLC AND OTHER ENTITIES I, ______________________________________________, certify that I am authorized to sign to commit _________________________________ named a Bidder in the foregoing Bid.

That said company is formed under the laws of the State of _______________________.

This ___ day of ___________, 20___.

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F6.5 CERTIFICATE OF AUTHORITY – JOINT VENTURE

(Separate Certificate to be submitted by each joint venture partner)

I, _________________________, and (1) certify that:

1. I am the __________ (2) of _____________________________, (3) (hereinafter “Venturer”);

2. Venturer is a partner and participation in the joint venture having submitted the Invitation to Bid No. _________________________ for (Insert Project Name);

3. Venturer is organized and incorporated to do business under the laws of the State of _____________; and

4. Said Invitation to Bid No. ___________________was duly signed by said officer for and on behalf of said Venturer and the Contractor pursuant to the authority of the governing body of each and within the scope of its corporate powers.

I further certify that the names and addresses of the owners of all the outstanding stock or ownership interest in Venturer as of this date are as follows:

This ______ day of ______________________, 20____.

By: __________________________________ Signature of Person Executing Certification

INSTRUCTIONS FOR COMPLETION OF THIS CERTIFICATE

1. Name of secretary (if Venturer is a corporation), or Manager or CEO (if Venturer is a LLP of Venturer.

2. Title of person executing Certification.

3. Name of joint venture partner.

COPY THIS FORM AND SUBMIT SEPARATE CERTIFICATES FOR EACH JOINT

VENTURE PARTNER WITH THE BID OR PROPOSAL.

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F6.6 ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT

Contractor Affidavit under O.C.G.A. § 13-10-91(b) (1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance for services on behalf of Clayton County Board of Commissioners (name of public employer), has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with Subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization Name of Contractor ITB #26-19 Vending Machine Services Annual Contract for Clayton County…