Vending_Services_(Addendum_#2_Revision).pdf

Mayor Chief Procurement Officer Buddy Dyer David Billingsley, CPSM, C.P.M.

INVITATION FOR BID (IFB)

IFB23-0553

VENDING SERVICES

The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses.

CITY OF ORLANDO PROCUREMENT AND CONTRACTS SITE

https://www.orlando.gov/Our-Government/Departments-Offices/OBFS/Procurement

City of Orlando

INVITATION FOR BID (IFB)

VENDING SERVICES

TABLE OF CONTENTS

1. INTRODUCTION

2. GENERAL INFORMATION

3. SUBMITTALS

4. SCOPE OF WORK

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. ELECTRONIC PRICING FORM(S) INSTRUCTIONS

8. VIRTUAL OPENING

9. VENDOR QUESTIONNAIRE

10. PRICING PROPOSAL

Attachments:

A - Exhibit 1 - Data

B - Exhibit 2 - Current Locations

C - Exhibit 3 - OPD Scope

D - Exhibit 4 - EXAMPLE - FRESH FOOD LIST

E - Exhibit 5 - EXAMPLE – PREPACKAGED FOODS

Vending Services

1. INTRODUCTION

1.1. Summary

The City of Orlando (City) hereby solicits sealed bids for vending services, primarily at the locations indicated within this solicitation package, and in accordance with the terms and conditions, specifications, and service concepts outlined in this Invitation for Bids.

The primary objective of this bid is to secure a contract to provide vending service for food, snacks, and assorted beverages.

1.2. Contact Information

Direct all questions and inquiries to the following:

Angela L. Thomas, MBA, CPPB

Senior Purchasing Agent

400 S Orange Ave

4th Floor Purchasing

Orlando, FL 32801

Email: angela.thomas@orlando.gov

Phone: (407) 246-2563

Department:

Real Estate Management

1.3. Timeline

Issue Date September 13, 2023 mailto:angela.thomas@orlando.gov tel:(407)246-2563

Pre-Bid Conference (Non-

Mandatory)

September 20, 2023, 2:00pm

JOIN THE VIRTUAL PRE-SOLICITATION

CONFERENCE.

https://teams.microsoft.com/dl/launcher/lau ncher.html?url=%2F_%23%2Fl%2Fmeetup join%2F19%3Ameeting_Y2NkYzg0MDYtM

GQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0Yz

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1307549016ed&directDl=true&msLaunch=t rue&enableMobilePage=false&suppressPr ompt=true

Call into the virtual meeting by dialing this phone number: +1 321-247-7568

Once dialed-in and prompted, enter the

Conference ID: 442 362 68#

Cut-off date for Questions by

Bidder

September 25, 2023, 5:00pm https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true 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https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Y2NkYzg0MDYtMGQ3Mi00MGJkLTkyMjgtNjJhOTNiYTY0YzU3%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7c510a84-bfc7-4bc3-87ad-1307549016ed&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true

Bid Due Date and Time November 16, 2023, 2:00pm

JOIN THE VIRTUAL OPENING.

Online:

https://teams.microsoft.com/dl/launcher/lau ncher.html?url=%2F_%23%2Fl%2Fmeetup join%2F19%3Ameeting_NmQ0OWRkMW

QtMmE3MS00NGVmLTlmOTktMmYzMGU yN2NlYjhk%40thread.v2%2F0%3Fcontext

%3D%257b%2522Tid%2522%253a%2522

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8f93-

79ea5429fbcf&directDl=true&msLaunch=tr ue&enableMobilePage=false&suppressPro mpt=true

Call into the virtual meeting by dialing this phone number: +1 321-247-7568

Once dialed-in and prompted, enter the

Conference ID: 287 716 704# https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_NmQ0OWRkMWQtMmE3MS00NGVmLTlmOTktMmYzMGUyN2NlYjhk%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=a5482089-90b9-44a2-8f93-79ea5429fbcf&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_NmQ0OWRkMWQtMmE3MS00NGVmLTlmOTktMmYzMGUyN2NlYjhk%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%2522385cb248-c330-4435-a71e-09af2b540b01%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=a5482089-90b9-44a2-8f93-79ea5429fbcf&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true 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2. GENERAL INFORMATION

2.1. SOLICITATION INFORMATION

The City’s Procurement and Contracts Division is the official source to obtain information relating to City of Orlando procurements. It is incumbent on the Respondent to obtain current response/submittal and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as:

A. Solicitation documents are available for download from the City's e-Procurement

Portal ("Portal"):

You may access solicitation information by visiting the City’s Portal by clicking on the following link: https://procurement.opengov.com/portal/orlando

B. You may also contact the Procurement and Contracts Division at (407) 246-2291 or visit us during normal business hours, to obtain award information and other documents at:

City of Orlando

Procurement and Contracts Division

400 South Orange Avenue, Fourth Floor

Orlando, Florida 32801

Please remember, email notification is provided as a courtesy to our Respondents, but it is the Respondent's responsibility to check with the City of Orlando’s Portal at:

https://procurement.opengov.com/portal/orlandofor current solicitations and other procurement information.

We appreciate your interest in doing business with the City of Orlando.

2.2. CONTRACT TERM

It is the intent of the City to award a Contract for a four (4) year term to begin upon approval and execution by the City. The Contract may, by mutual assent of the parties, be renewed for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of ninety-six (96) months.

2.3. SCHEDULE

The Timeline Section of this solicitation contains the scheduled calendar of events with important dates and times for this Solicitation. Dates and times are subject to change by the City’s Chief Procurement Officer (CPO) or designee, at their sole discretion. If the

Procurement and Contracts Division determines that it is necessary to change these https://procurement.opengov.com/portal/orlando https://procurement.opengov.com/portal/orlando dates or times prior to the Solicitation Due Date, the change will be announced via an addendum.

2.4. PRE-SOLICITATION CONFERENCE

The purpose of a Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. A representative from the Procurement and Contracts

Division and a technical representative from the using department will be present to discuss the solicitation.

3. SUBMITTALS

Respondents are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the e-procurement Portal by the Due Date and time. The City shall not be responsible for any submission delays or failures caused by any occurrence. Respondents are expected to examine this solicitation, specifications, associated drawings, if any, and all instructions. Failure to do so will be at the

Respondent's risk.

Each Respondent shall furnish the information required on each response/submittal form and each accompanying sheet thereof on which an entry is made.

The following items must be completed and uploaded as part of your electronic submittal and are contained in the Vendor Questionnaire Section. Failure to complete and return required forms may result in your bid being deemed non-responsive and not considered for award.

A. Pricing - All prices shall be entered online through the City's e-Procurement portal.

B. Attachment A - References. This form must be downloaded, completed, and uploaded as a part of the submittal.

C. Attachment B -Respondent's Certification Form. This form must be downloaded, completed, signed, notarized, and uploaded as a part of the submittal.

D. Attachment C - Contract and Acceptance Form. This form must be downloaded, completed, signed, notarized, and uploaded as a part of the submittal.

E. Attachment D - Conflict of Interest Disclosure Form. This form must be downloaded, completed, signed, and uploaded as a part of the submittal.

F. Attachment E - Confidential and/or Proprietary Information Exemption Form.

This form must be downloaded, completed, signed, scanned, and uploaded as a part of the submittal.

G. Attachment F - Minority/Women-Owned Business Enterprise Participation Form.

This form must be downloaded, completed, and uploaded as a part of the submittal.

H. Attachment G - Veteran Business Enterprise Participation Form. This form must be downloaded, completed, and uploaded as a part of the submittal.

I. Copy of Respondent's current W-9 is to be signed and uploaded as a part of the submittal.

J. Bid Security, if applicable.

https://procurement.opengov.com/portal/orlando/projects/59284?section=509549

K. Proof of insurance - If applicable, please refer to Section 5 – Insurance

Requirements

Respondents shall register on the City’s e-Procurement Portal. Once registered, Respondents may view and click "Follow" to be a Prospective Respondent for this solicitation and will appear on the Follower’s list. Respondents that fail to Follow this project will not receive automated Addenda notifications, nor will they be able to submit a response in the Portal, and therefore will be unable to participate, nor be considered for this solicitation. Respondents must click “Draft Response” to properly begin and submit a response in the Portal.

The City will accept responses to this solicitation electronically via the e-Procurement

Portal until 2:00 PM on Thursday, November 16, 2023. Responses received after the scheduled due date and time for submission will not be accepted. Responses submitted in any other format other than via the City's e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed.

Neither the City, nor the Software Administrator will be held responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, use of a malfunctioning electronic device, or the like. Respondents shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the

Respondent is using to submit a response. Failure of the Respondent to successfully submit an electronic response before the deadline indicated herein shall be at the

Respondent’s sole risk, and no relief will be given for late and/or improperly submitted response. Once file(s) have been uploaded and the Submission Status shows as

“Submitted” the submission is complete. At that point, the Respondent will also receive an email confirmation from the Portal.

Respondents may withdraw their submittal electronically via the Portal at any time prior to the scheduled due date and time for submission.

4. SCOPE OF WORK

4.1. SCOPE OF SERVICES

The Contractor is to place vending machines at locations as stated on Exhibit “2”

Locations, within thirty (30) days after contract award. Each location must be provided with, at the least, vending machines equal to what is currently in place.

To assist in the preparation of bids, the following information is provided:

• Exhibit “1” Data - (2021-2022)

• Exhibit “2” Current Locations

• Exhibit “3” OPD Scope

• Exhibit "4" Examples Fresh Food List

• Exhibit "5" Example Pre-Packaged Foods

4.2. GENERAL

• Each interested and qualified Bidder must have been in the vending machine service business no less than two (2) consecutive years under the same business name. References provided will be used to verify the Bidder’s experience.

• Contractor is to have an Operation Center (Service Center) fully equipped with fresh food, snacks, and drinks. The Service Center is to be available twenty four

(24) hours per day, seven (7) days a week, including holidays.

• Vending machines installed shall be not older than two (2) years old, and of current manufacture, modern design, and construction, adequate to supply the requirements at each installation, and are to be placed in an attractive and uniform arrangement in each authorized area. The Contractor is encouraged to provide, where practical, combination drink and food machines, thereby providing more variety in the same space. Machines are to remain the property of the

Contractor while on City property. Installation costs of any machine will be borne by the Contractor.

• The vending machines shall conform to all applicable local, State, and Federal requirements. All components, including but not be limited to, wiring, accessory mountings, parts, connectors and adjustments, are to be in accordance with current American Society of Heating, Refrigeration, and Air-Conditioning

Engineers (ASHRAE), standards and recommended practices.

• It is encouraged to have Energy Star rated vending machines (energystar.com).

Contractor is to supply and install proper surge protectors with vending machines.

• At such time the general appearance of any machine detracts from a generally neat and orderly appearance for the area in which it is located, the City reserves the right to require replacement of said device with a more acceptable machine to provide the same or better service and vend. The cost for removing any machine will be borne by the Contractor.

• Machines are to be equipped with dollar bill and coin changing devices, and credit/debit card devices. The Contractor is encouraged to provide a mechanism that will accept debit and credit cards as well as change for $1.00 and $5.00 bills.

• Each vending machine must be set to:

1. Allow for full refund if the purchaser desires to void a sale prior to selection and

2. Allow return of change after a selection is made.

• All repair or service work is to be accomplished within four (4) hours after notification by the City. The cost for repairs or service work for any machine will be borne by the Contractor.

• The Contractor must keep all equipment in proper appearance and mechanical working order at all times.

• The Contractor must provide replacement machines within two (2) business days from notification for those machines which may become unserviceable, experience frequent breakdowns, or otherwise fail to comply with the specifications, as determined by the City.

• A clean, fully operational used machine, acceptable to the City, may be installed as a temporary replacement provided it is furnished within two (2) working days and a new replacement machine is installed within thirty (30) calendar days.

• Vehicles used to deliver products for vending must meet sanitation standards as required by the Orange County Health Department, and all other applicable local, State, and Federal requirements. Vehicles used to deliver products for vending must also be acceptable to the City, and must use the City Hall loading dock when servicing City Hall.

• Vehicles are to be equipped with refrigeration and freezer to ensure proper transport for fresh and frozen products.

• Quality and specifications of food items vended by the Contractor will conform to any applicable Federal, State and Orange County Health Department requirements and must be acceptable to the City.

1. Snacks: a large variety of pre-packaged products shall be offered. They should be only nationally recognized brands and include a variety of candies, pastries, regular and sugar substitute products; chips, crackers, cookies, etc., along with healthy items.

2. Any product offered must be fresh when delivered and stock must be rotated on a regular basis to maintain a fresh supply. Consideration should be given to those products offering adequate packaging to prevent aging, hardening, or other similar deterioration of merchandise quality.

3. Healthy/nutritional items shall be available in all vending machines. The

Contractor shall clearly mark healthy/nutritional items to help vending customers to make healthy choices. The Contractor shall consult with the

City Wellness Program Coordinator to select suitable healthy/nutritional items. Any changes to the healthy/nutritional items offered in vending machines shall be approved by the City, in writing.

4. It is preferred for the drinks to be sold in cans or plastic bottles, with a good mix of nationally recognized brands including, but not limited to, Pepsi™ and

Coke™ products, juice, water, sports drinks, and other types of drinks, in the same machine.

5. Bidders may offer for consideration other vending products that are not listed above. However, no tobacco, alcohol product, or lottery tickets shall be sold, offered or given away by the Contractor, on City property. Bidders should provide a list of proposed products and number of selections with their bid proposal. The City will make the final determination as to the types of vending machine equipment and the products, and the variety for the various locations.

6. Refund banks will be set up at designated locations, per instructions from the

City, to return money to customers. Adequate funds will be supplied by the

Contractor, and kept in each refund bank at all times. However, the City reserves the right to choose alternate modes of issuing refunds to customers.

• Signs: Contractor shall not attach, or affix on the outside of the premises, any flags, placards, signs, political signs, poles, wires, aerials, antennae, or fixtures, other than decals with the contact information for service and product, without the prior written consent of the City. All attachments or fixtures which permission was given are to be attached be in accordance with all City, County, and State laws, ordinances, rules and regulations. A service repair telephone number shall be noted on all equipment.

• Compliance with Florida Statutes, Section 212.0515 which requires a particular notice to affix to all vending machines is required.

• Transition: It is essential that the transition from the present equipment to any new installation, where applicable, be accomplished without substantial interruption to the services being provided. Coordination of the transition will be between the Contractor and the City’s representative at the various locations to guarantee there is no interruption of services at any location.

• Equipment shall be delivered, installed, and operational at all awarded locations within a period of thirty (30) calendar days after notification of award.

• The City shall not be charged for products or services of any type whatsoever performed in connection with this Agreement including but not limited to trip charges, miscellaneous fees, and fuel charges unless otherwise specified in the

Bid specifications, or any subsequent Amendments.

4.3. STANDARDS OF PERFORMANCE

The following established minimum operational and servicing requirements during the period of the Agreement are as follows:

• Keep vending machines adequately supplied with fresh, current dated merchandise at all times. Service intervals shall be adjusted to an increased frequency during high demand seasons to maintain vending machines in the said standards.

• Clean and sanitize machines each time they are serviced.

• Keep the surrounding area around each machine clean. Pick up all related debris and trash in the immediate area of each machine and dispose properly.

• Install rodent guards on all machines housing food items. Properly dispose of the guards when necessary.

• Maintain a record of all equipment breakdowns by machine number, location, time of breakdown, either discovered or reported, nature of breakdown and time and date each machine is repaired or replaced. This record is to be made available to the City upon request.

• The Contractor is responsible for safeguarding all goods by removing recalled and/or expired items, rotating items, and/or performing only the best industry practices to ensure food safety.

4.4. PERSONNEL

• Contractor’s representative shall be neat and clean and dressed in clean uniforms with company logo and/or company name which will readily identify them to the City, when servicing the machines.

• Contractor is to make all delivery personnel aware of the location of the loading/unloading dock and the security check point, as well as the delivery tunnel into City Hall. No deliveries are to be made through any other ingress/egress to City Hall.

• Repair personnel servicing the Contractor’s equipment are to enter through the front door and stop at the security station for a proper identity badge before proceeding to the service point.

• All service or repair personnel of the Contractor must observe all regulations in effect at Orlando Police Headquarters, City Hall, and various other City facilities.

• The Contractor, or any of their representatives, shall not represent themselves as employees or agents of the City.

• The City will require the removal of any of the Contractor’s personnel if they are offensive by appearance, action, word, or deed. Said employee will not be allowed on the premises thereafter. Such removal will not qualify as an excuse for lack of required service.

• At no time during this Contract shall any employee or representative of the

Contractor solicit, or receive any tips or recompense.

• The Contractor's personnel and Individuals servicing or replenishing these machines shall comply with all applicable local, State, and Federal requirements pertaining to Food Hygiene including but not limited to applicable provisions of

State of Florida Department of Health Chapter 64E-11 Florida Administrative

Code. All said employees of the Contractor must be trained in food safety handling, Florida Handwashing Codes, equipment safety and sanitation and personal hygiene in order to work at the City’s facilites. Cost of this training will be borne solely by the Contractor.

• Courtesy to the Public - In all circumstances the Contractor must require their employees and agents to exercise courtesy and consideration in their conduct or dealings with the public. The City reserves the right to direct the Contractor to remove any employee from City premises, if in the City's opinion the Contractor's employee has not exercised acceptable and courteous contact with the public.

• Rules and Regulations - The Contractor will observe and obey all rules and regulations applicable to users of the City’s facilities for the care, operation, maintenance and protection of the area used for vending.

4.5. Orlando Police Department - Mini Market

The Orlando Police Department (OPD) Headquarters is located at 1250 W. South Street, Orlando, Florida 32805.

The facility is located in a neighborhood that has limited options for employees to go out to the surrounding area for meal breaks, drinks, and snacks.

There is a micro market (Unattended Vending Services) that must continue at this location.

See Exhibit "3" - OPD Scope

4.6. PRICING AND USER FEES

Pricing:

• The City is interested in the lowest vend price, with a ten percent (10%) User

Fee to the City.

• All prices submitted are to remain firm for the term of the Agreement unless the

Contractor submits a written request for a variance and receives written approval by the Chief Procurement Officer (CPO) prior to instituting any changes. Price increases or decreases may be considered on an annual basis by the City with appropriate justification for such adjustment from the Contractor. The Bidder is to submit a price for each item offered for vend.

User Fee: The ten percent (10%) User Fee paid to the City is to be based on a percentage of gross receipts from sales of a designated item category during a calendar month or fractional calendar month.

• Monthly, the Contractor shall pay to the City a sum of money (hereinafter called

“User Fee”) equal to ten percent (10%) of the Contractor’s gross receipts from sales during each such calendar month or fractional calendar.

• Fractional calendar month: The Contractor shall pay to the City the ten percent

(10%) User Fee computed as above based upon the gross receipts from sales during such fractional calendar month.

• The Contractor is not obligated to operate the vending service or to pay the ten percent (10%) User Fee during any time when the vending area is unattended through no fault or negligence of the Contractor, its employees or agent.

Gross Receipts: Except as otherwise specifically provided, the total amount actually received from the total sales price for all food, snack, beverage, and miscellaneous items sold and the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of the sale of goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, and credits, without any deduction from the account of all cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever.

The Contractor shall be responsible for paying all taxes, including to but not limited to state sales tax, and shall not deduct such from the User Fee owed to the City.

The following may be excluded or deducted, from “Gross Receipts from Sales”:

• Federal, State, Municipal or other Governmental Excise Taxes (except Federal

Manufacturer's Excise Taxes), retailer's occupation taxes now or hereafter imposed by any governmental agency. However, this provision shall not excuse the Contractor from paying directly to any governmental agencies any and all taxes for which it may be liable;

• Receipts from the sale of scrap material resulting from the operation of

Contractor's business as conducted with the City only.

• Receipts from the sale or trade-in value of any equipment used in the Vending area and owned by the Contractor as related to the Contract with the City only.

• Receipts in the form of refunds from, or the value of, merchandise, supplies or equipment returned to shippers, suppliers or manufacturers.

• The amount of any cash or quantity discounts received from sellers, suppliers or manufacturers.

4.7. REPORTS

Monthly:

• On or before the tenth (10) day of each calendar month during the term of this

Agreement, the Contractor is to deliver to the City’s Real Estate Division

Manager, or designee, a report certified in writing by an officer of the Contractor for correctness, which shows gross receipts from sales applicable to the vended dollar amount on a daily basis.

• The report will include: beginning inventories with additions and subtractions thereto; ending inventories; units sold; dollar price per unit; total dollar amount and volume sold per item along with the computed payment made to the City for the preceding month; a separate report will be required by Vending Operation per

Facility by item category (beverage, snack and food).

Yearly:

• Within ninety (90) days from the end of the Contractor's fiscal year during the term of this Agreement, the Contractor will deliver a certified statement prepared by a Certified Public Accountant (CPA) to the City’s Real Estate Division

Manager, or designee, which shows gross receipts from sales applicable to the

Vending for the preceding Contractor's fiscal year separately by Vending operation per Facility by item category (food, beverage and snack).

Finality of Reports:

• Unless a notice to audit is served by the City to the Contractor within three (3) years after the receipt of any statement submitted by the Contractor as herein provided, such statement will be deemed final and binding upon the parties.

4.8. MEETINGS

The Contractor shall meet with the City’s Real Estate Division Manager, or designee, to discuss sales, product selection, removal or addition of vending machines, among other topics, on a bi-annual basis. Any and all meetings in connection with this solicitation may be held virtually, solely at the discretion of the City.

5. STANDARD TERMS AND CONDITIONS

5.1. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR

SUBMITTAL PROCESS

A. All communication and contact regarding this solicitation shall be directed to the

Purchasing Agent referenced on the cover page of this solicitation.

B. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract

(or, if the solicitation is cancelled, upon cancellation of the solicitation).

• Except for communication with the City’s designated point of contact set forth in this solicitation or as otherwise authorized by the City’s Chief Procurement

Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a Respondent or potential

Respondent (or on a Respondent or potential Respondent's behalf) to or with any officer, elected official (including the Mayor and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation.

• During the prohibited communication period, all contacts and communications regarding the solicitation by a Respondent, or potential Respondent, including their agents, representatives and others on their behalf, shall be directed to the

City’s Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City’s Chief Procurement

Officer.

• Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief

Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a Respondent or potential

Respondent under the City’s Procurement Code.

C. Any questions by a Respondent relative to the interpretation of specifications or the submittal process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline, questions must be received by the Procurement and Contracts Division ten (10) days prior to the date set for the receipt of submittals. Any interpretation made to prospective Respondent with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an Addendum to the specifications which, if issued, will be conveyed to all prospective Respondents no later than five (5) days before the date set for receipt of submittals. Oral answers and written answers not answered in an Addendum issued by the Procurements and Contracts Division will not be binding.

D. Openings shall be public, on the date and at the time specified on the Solicitation, with the total submittal amount being read aloud. It is the Respondents responsibility to assure that their submittal has been entered online no later than the due date and time of the opening. The Respondent's name and verification of bond submittal, if applicable, will be publicly announced aloud at the opening.

5.2. RESPONDENT QUALIFICATION

Submittals will be considered from Respondents who have adequate personnel and equipment and who are so situated as to perform prompt service or provide required goods. The City reserves the right to request information or conduct an inspection of the

Respondent's facility and equipment prior to the award of the contract.

Submittals will be considered only from Respondents which are regularly engaged in the business as described in this solicitation; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated.

The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City.

5.3. ALTERATIONS/CHANGES TO PRICE FORM(S)

Respondent shall not change or otherwise alter the quantity or unit designations on the

Price Form(s). The unit price and total extensions must correspond to these designations.

Each line item will be extended as indicated (quantity x unit price). The unit price shall prevail.

5.4. ADDENDA

It is the Respondent's responsibility to contact the Procurement and Contracts Division prior to submitting a response to ascertain if any Addenda have been issued, to obtain all such Addenda, and return executed Addenda with the response, if applicable. All addenda information will be posted on the City's website

(https://procurement.opengov.com/portal/orlando). The failure of a Respondent to submit acknowledgment of any Addenda that affects the price(s), is considered a major irregularity and will be cause for rejection of the response.

5.5. UNBALANCED PRICING

As determined by the City's Chief Procurement Officer in the CPO’s discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup

../../../portal/orlando documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are, or appear to be, excessively unbalanced.

5.6. WITHDRAWAL

After opening, no changes in prices or other provisions shall be permitted. Respondents may withdraw or correct a submittal prior to the stipulated date and time for the opening of the Solicitation.

5.7.…