Tuolumne County Request for Proposals. Vending Machine Services

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1 Tuolumne County Request for Proposals Vending Machine Services Release Date: December 4, 2013 Submittal Date: January 3, 2014 Not later than 3:00 p.m.

2 Tuolumne County RFP for Vending Machine Services Section Page Introduction 3 Project Description & Schedule 3-4 Scope of Work 4-5 General Terms and Conditions 5 Proposal Format Requirements 6 Submittal Instructions 6-7 Evaluation Criteria 7 Selection Procedure 8 Exhibits Exhibit A- Healthy Snack and Beverage Standards Exhibit B- Sample Agreement 2 Page

3 Introduction Tuolumne County is soliciting proposals for new vending machine services for County buildings at various locations. Our vending machine services contract expired May 2012 and we are currently in a month-to-month arrangement. It is the intent of the County to solicit proposals for vending machine services and offer a three (3) year contract with the possibility of two (2) one (1) year extensions. Also new this time is the emphases to expand options for healthy beverages and snacks to vending machine users at the most affordable price to consumers and to the County. This RFP includes a description of the scope of work, proposal requirements and instructions for submitting your proposal. No formal meeting is required for this RFP. Vendors who wish to inspect the locations may contact the County s Facilities Management Division (9 Calaveras Street, Sonora) at All other inquiries regarding this RFP can be directed to: Maureen Frank Deputy County Administrator County Administrator s Office 2 South Green Street Sonora, CA Phone: (209) In the event that it becomes necessary to revise any part of the RFP, written addenda will be issued. Project Description & Schedule Project The Vendor within 30 days of award of the contract shall install, supply and maintain at least one (1) beverage and one (1) snack machine per County site as specified below. Commission payments and sales report shall be submitted to the County on a monthly basis. The proposal should outline the proposed service, including food and beverage products, 75% of which meet healthy food guidelines/standards set forth in Exhibit A. The proposal should also include a description of vending machines type, maintenance schedule, customer service procedures and proposed financial structuring of the service. The County reserves the right to include or exclude any site it deems necessary. 3 Page

4 Schedule The following represents the tentative schedule for these services: Task Project Date Release of RFP December 4, 2013 Deadline for Final Questions December 20, 2013 Proposal Submission Deadline January 3, 2014 Evaluation of Proposals January 10, 2014 Interviews (If necessary) January 16, 2014 Contract Award January 24, 2014 Installation and Supplying Vending Machines February 2014 Scope of Work 1. The Vendor will be responsible for the installation and servicing of supplies to the vending machines installed at the following locations: Ambulance/ Fire Administration Building (18440 Striker Court, Sonora) A.N. Francisco Building (41 W. Yaney Street, Sonora) County Administrative Center (2 South Green Street, Sonora) Heaven for Kids/Skate Park (480 Greenly Road, Sonora) HSA- Behavioral Health Department s Lambert Center (347 W. Jackson, Sonora) HSA-Public Health Department (20011 N. Cedar Road, Sonora) HSA- Social Services (20075 N. Cedar Road, Sonora) Probation Department (465 S. Washington Street, Sonora) Sheriff s Administration Office (28 Lower Sunset, Sonora) Sonora Main Library (480 Greenly Road, Sonora) 2. Vendor shall provide all vending machines required by this proposal and have sole responsibility for the vending machines. The vending machines shall be new or the latest models available. The Vendor shall be responsible for placing the vending machines into protective cages when necessary. The County will not be responsible for any equipment provided by the Contractor. 3. Vendor shall install, replace, remove and maintain all vending machines in good working condition. Repairs are to be completed after no longer than 72 hours after being reported. 4. Vendor shall have a customer refund system in place. Vendor shall provide a written copy of the policy and procedure for refunds to the customer upon their request. 5. Vendor shall stock all machines. The products stocked may be selected by the Vendor. However, the County reserves the right to select at least 25% of the product stock to be dispensed from the vending machines. 4 Page

5 6. The County will be responsible for providing operational infrastructure such as properly sized electrical needs and onsite garbage and trash removal. 7. The Vendor shall comply with all applicable provisions of the California Occupational Safety and Health Act of 1973, including any amendments thereto, and the rules, standards, orders and regulations prescribed by the Occupational Safety and Health Standards Board and the Division of Industrial Safety in the California Department of Industrial Relations. Vendor shall further comply with all other applicable safety laws, ordinances and regulations. Insurance 1. The Vendor, prior to beginning work on the subject Contract, shall furnish to the County a Certificate of Insurance setting forth that, in the event of accident or occurrence which may give rise to a claim to lawsuit against the County or its officers and employees, the Vendor has in full force and effect Bodily Injury Liability and Property Damage Liability Insurance, including: a. Workers Compensation- in compliance with the statutes of the State of California. b. General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage. The certificate of insurance shall indicate the aforementioned. c. Automobile Liability insurance with a minimum limit of liability per occurrence of 1,000,000 for bodily injury and $100,000 for property damage. This insurance shall cover for bodily injury and property damage, owned automobiles, and non-owned automobiles. 2. Said Certificate of Insurance shall be in a form acceptable to the County and shall provide that the County, its officers, agents, and employees are additional insured under such a policy. Copies of a Certificate of Insurance form and Additional Insured Endorsement form acceptable to the County may be obtained from the County Risk Manager, County Administrative Center, 2 South Green Street, Sonora. The policy may not be canceled or reduced in coverage until after 30 days written notice. Wording to this effect shall be on the policy. General Terms and Conditions Upon completion of the evaluation and recommendation for award, the selected Vendor will be required to execute a service agreement, a sample of which is included as Attachment B. 5 Page

6 Proposal Format Requirements Each response to this RFP shall include the information described in this section. Provide the information in the specified order. Failure to include all of the elements specified maybe cause for rejection. Additional information may be provided, but should be succinct and relevant to the goals of this RFP. Cover Letter Include the following information: Title of this RFP Name and mailing address of company Contact person, address, telephone and fax numbers Signature Requirements - The cover letter must be signed by an officer empowered by the Firm to sign such material and thereby commit the firm to the obligations contained in the RFP response. Further, the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter a binding contract. Firm s Qualifications - Describe the company and provide a statement of the company s qualifications for performing requested services. Experience and References - Provide a summary of the company s experience in providing these or similar services. Provide a minimum of three references for related projects and include date, contact person, phone number and a brief description of the services provided. Project Plan - Provide a detailed discussion of your company s approach to the successful implementation of vending machines services to Tuolumne County. Pricing and Compensation- Provide a detailed discussion of your company s product pricing and the compensation offered to the County. Submittal Instructions Your submittal package shall include the following: One (1) original and four (4) printed copies of your proposal. Proposals shall be submitted not later than the time and date indicated on the cover page of this RFP. 6 Page

7 Proposals must be submitted ONLY to: Maureen Frank Deputy County Administrator County Administrator s Office 2 South Green Street Sonora, CA Faxed and/or ed proposals shall not be accepted. The County of Tuolumne shall not be responsible for proposals delivered to a person or location other than that specified herein. Late submittals shall not be accepted or considered. All submittals shall be submitted in a sealed envelope or container, and clearly marked with the title of the RFP on the outside of the parcel. All submittals, whether selected or rejected, shall become the property of Tuolumne County and will not be returned. The County reserves the right to waive minor defects and/or irregularities in proposals, and shall be the sole judge of the materiality of any such defect or irregularity. All costs associated with proposal preparation shall be borne by the proposer. All proposals shall remain firm for one hundred twenty (120) days following the closing date of the receipt of proposals. Evaluation Criteria The following evaluation criteria will be used to determine the most highly qualified firm(s). Evaluation Criteria Possible Points Adherence to Healthy Beverage/Snack Guidelines 30 Experience and Qualifications of Company 30 Product Pricing and Compensation to the County 20 Maintenance and Response Protocols/Procedures 20 Total Page

8 Selection Procedure Submittals will be reviewed for responsiveness, and responsible submittals will further be screened by a selection committee in accordance with the above criteria. The company(s) submitting the highest rated proposal may be invited for interviews. The County reserves the right to award a contract to the company that presents the best qualifications and whose proposal best accomplishes the desired results. The County reserves the right to reject any or all proposals, or to waive minor irregularities in said proposals, or to negotiate with the successful company. The County will notify all proposers whether or not they are selected for the subject work. 8 Page

9

10 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of January, 2014, by and between the COUNTY OF TUOLUMNE, a political subdivision of the State of California (hereinafter called County ) and (hereinafter called Contractor ) pursuant to the following terms and conditions: 1. TERM The term of this Agreement shall commence on the date first herein above written and shall terminate on January, The term may be extended by the County on a year to year basis for an additional two (2) one (1) year extensions provided Contractor is given at least thirty (30) calendar days prior notice of such extension. 2. PROJECT Provide Vending Machine Services at designated sites within the County. The vending machines required would be a minimum of one (1) beverage and one (1) snack machine per site. The vending machines shall contain 75% product that meets the healthy food guideline standards as set forth in Exhibit A. 3. SCOPE OF WORK The Vendor will be responsible for the installation and servicing of supplies to the vending machines installed at the following locations: Ambulance/ Fire Administration Building (18440 Striker Court, Sonora) A.N. Francisco Building (41 W. Yaney Street, Sonora) County Administrative Center (2 South Green Street, Sonora) Heaven for Kids/Skate Park (480 Greenly Road, Sonora) HSA- Behavioral Health Department s Lambert Center (347 W. Jackson, Sonora) HSA-Public Health Department (20011 N. Cedar Road, Sonora) HSA- Social Services (20075 N. Cedar Road, Sonora) Probation Department (465 S. Washington Street, Sonora) Sheriff s Administration Office (28 Lower Sunset, Sonora) Sonora Main Library (480 Greenly Road, Sonora) Vendor shall provide all vending machines required by this proposal and have sole responsibility for the vending machines. The vending machines shall be new or the latest models available. The Vendor shall be responsible for placing the vending machines into protective cages when necessary. The County will not be responsible for any equipment provided by the Contractor. 1

11 Vendor shall install, replace, remove and maintain all vending machines in good working condition. Repairs are to be completed after no longer than 72 hours after being reported. Vendor shall have a customer refund system in place. Vendor shall provide a written copy of the policy and procedure for refunds to the customer upon their request. Vendor shall stock all machines. The products stocked may be selected by the Vendor. However, the County reserves the right to select at least 25% of the product stock to be dispensed from the vending machines. The County will be responsible for providing operational infrastructure such as properly sized electrical needs and onsite garbage and trash removal. The Vendor shall comply with all applicable provisions of the California Occupational Safety and Health Act of 1973, including any amendments thereto, and the rules, standards, orders and regulations prescribed by the Occupational Safety and Health Standards Board and the Division of Industrial Safety in the California Department of Industrial Relations. Vendor shall further comply with all other applicable safety laws, ordinances and regulations. 4. COMPENSATION The Contractor shall compensate the County as follows: Commissions to the County shall be provided by the Contractor at a rate of of gross sales at those vending machines identified in this contract. Payment shall be made by the Contractor to the County on a quarterly basis (March, June, September, and December) on the first date of the specified month. Payments shall be mailed to Facilities Management at 9 Calaveras Street, Sonora, CA INSURANCE REQUIREMENTS Contractor shall provide at its own expenses and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the County as may be required by the Risk Manager of the County. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the County by registered mail, return receipt requested, for all of the following state insurance policies. A. Worker s Compensation - in compliance with the statutes of the State of California. B. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage. The certificate of insurance shall indicate the aforementioned. 2

12 C. Automobile Liability - insurance with a minimum limit of liability per occurrence of $300,000 for bodily injury and $100,000 for property damage. This insurance shall cover for bodily injury and property damage, owned automobiles, and non-owned automobiles. 6. HOLD HARMLESS Contractor shall hold the County, its agents, officers, employees, and volunteers, harmless from, save, defend and indemnify the same against, any and all claims, losses, and damages for every cause, including but not limited to injury to person or property, and related costs and expenses, including reasonable attorney fees, arising directly or indirectly out of any act or omission of Contractor, its agents, officers, employees, or volunteers, during the performance of her obligations under this Agreement. If such indemnification becomes necessary, the County Counsel for the County of Tuolumne shall have the absolute right to approve any and all counsel employed to defend it. 7. TERMINATION This Agreement may be terminated as follows: A. By County at County s option: (1) Upon Contractor s failure, refusal or neglect to perform the duties as required by this contract. (2) For any reason satisfactory to County provided, however, Contractor shall be given thirty (30) days written notice of such termination. (3) Upon Contractor s failure, neglect or refusal to make any payment as required by this contract. B. By Either Party (1) With a thirty (30) day contract termination notice. 8. INDEPENDENT CONTRACTOR In the performance of the work, duties and obligations of this Agreement, it is mutually understood and agreed that the Contractor is at all times acting and performing as an independent Contractor. The County shall either have, or exercise any control or direction over the methods of which the Contractor shall perform work and functions. The sole interest and responsibility of the Contractor is to assure that services covered by this agreement are rendered in an efficient, timely and satisfactory manner. No relationship of employer and employee is created by this agreement, and the Contractor shall have no claim under this Agreement or otherwise against the County for vacation pay, sick leave, health insurance pension or other benefits of any kind. 3

13 9. ENTIRE AGREEMENT AND AMENDMENT This Agreement contains the entire agreement of the parties relating to the subject matter of this Agreement and supersedes all prior agreements and representations with respect to the subject matter hereof. The terms of this Agreement may be modified or amended only by written agreement of the parties. 10. GOVERNING LAW This Agreement shall be governed by and construed, interpreted and enforced pursuant to the laws of the State of California. 11. NO WAIVER The failure to exercise any right to enforce any remedy contained in this Agreement shall not operate as to be construed to be a waiver or relinquishment of the exercise of such right or remedy, or of any other right or remedy herein contained. 12. ENFORCEABILITY AND SEVERABILITY The invalidity or enforceability of any term or provisions of this Agreement shall not, unless otherwise specified, affect the validity or enforceability of any other term or provision, which shall remain in full force and effect. 13. NON-ASSIGNMENT OF CONTRACT This Agreement is intended to secure specialized services of Contractor and thus Contractor shall not assign, transfer, delegate or sublet this Agreement or any interest therein, without the prior written consent of County, and any such assignment, transfer, delegation or sublet without the County s prior written consent shall be considered null and void. 15. NOTICE Any and all notices, reports or other communications to be given to County or Contractor shall be given to the persons representing the respective parties at the following address: County: County of Tuolumne Facilities Management Ed Hoag 2 South Green Street Sonora, CA Telephone: (209) Facsimile: (209) Contractor: 4

14 IN WITNESS WHEREOF, the parties have hereunder set their hands the day and year first written above. Contractor County of Tuolumne Date County Administrator Date Approved as to Legal Form: County Counsel Date 5

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