RFP #13-9406-4RB

April 10, 2013

REQUEST FOR PROPOSAL

ANNUAL CONTRACT FOR BEVERAGE AND SNACK VENDING SERVICES

COUNTY OF HENRICO

Your firm is invited to submit a proposal to provide an Annual Contract forBeverage and Snack Vending Services for Henrico County in accordance with the enclosed specifications. The submittal, consisting of the original proposal and seven (7) additional copies marked, "A PROPOSAL FOR BEVERAGE AND SNACK VENDING SERVICES”,will be received no later than 2:30 p.m., May3, 2013, by:

IN PERSON OR SPECIAL COURIERU.S. POSTAL SERVICE

County of HenricoCounty of Henrico

Department of General ServicesDepartment of General Services

Purchasing Office ORP.O. Box 90775

1590 E. Parham RoadHenrico, Virginia 23273-0775

Henrico, Virginia 23228

This RFP and any addenda are available on the County of Henrico website at: The Bids and Proposals link is listed under the Henrico Business Section on the home page. To download the RFP, click the link and save the document to your hard drive. To receive an email copy of this document, please send a request to:

Time is of the essence and any proposal received after 2:30 p.m., May3, 2013 whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock stamp in the Purchasing Office, Department of General Services. Proposals shall be placed in a sealed, opaque envelope, marked in the lower left-hand corner with the RFP number, title, and date and hour proposals are scheduled to be received. Offerors are responsible for insuring that their proposal is stamped by Purchasing Office personnel by the deadline indicated.

A pre-proposal conference will be held on April 16, 2013 at 11:00 a.m. in the Purchasing Office, North Run Office Complex, 1590 East Parham Road, Henrico, VA. Offerors are strongly encouraged to attend the pre-proposal conference. ONLY two (2) representatives per team will be allowed to be present for the meeting. PLEASE BRING A COPY OF THE REQUEST FOR PROPOSAL WITH YOU TO DISCUSS THE REQUIREMENTS.

The awarding authority for this contract is theDirector of General Services.

Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. The County of Henrico reserves the right to accept or reject any or all proposals submitted.

Technical questions concerning this Request for Proposal should be submitted via email to nolater than April 19, 2013.

Very truly yours,

Christopher L. Winstead, P.E.

Director of General Services

Ray Buchton

Purchasing Officer

1590 E. Parham Road/P.O. Box 90775/Henrico, Virginia 23273-0775

(804) 501-5660 Fax: (804) 501-5693

I. INTRODUCTION:

The intent and purpose of the Request for Proposal (RFP), is to furnish all vending machines, equipment, supplies and personnel necessary to support and supply brand name Beverages and Snacks that will be located throughout the County of Henrico. See Attachment D for a list of locations and types of machines.

II. BACKGROUND:

The County of Henrico is seeking proposals from qualified Offerors to provide all vending machines, equipment, supplies and personnel necessary to support and supply brand name Beverages and Snacks that will be located throughout the County of Henrico.Henrico County has a population in excess of 302,000 and a land area of 245 square miles. It is a high growth area adjacent to Richmond, Virginia. The Successful Offeror will provide vending services to 50 locations with a total of 106 machines, 58 bottle drink machines, 3 can drink machines, 41 snack machines and 4 coffee (hot beverage) machines.

From July 2010 through June 2011 the gross sales were $243,731.00 with a commission of $45,461.00, from July 2011 through June 2012 gross sales were $271,144.00 with a commission of $50,579.00, from July 2012 through March 2013 gross sales were $195,260.00 with a commission of $36,426.00. However, nothing shall bind the County of Henrico to any specified amount of work during the contract period.

III. SCOPE OF SERVICES:

A. GENERAL:

  1. The Successful Offeror shall be a firm regularly engaged in the sale, supply and maintenance of vending equipment, beverages and snacks.

2. The Successful Offeror shall not operate or permit to be operated, any other business or amusement device of any kind, other than as specified herein.

3. The Successful Offeror shall be granted exclusive use of the areas designated by the Director or his duly authorized representative, with the understanding that such area may be changed from time to time at the discretion of the County Manager. At no time shall a structure be altered to accommodate the placement of vending machines.

B. RESPONSIBILITIES AND OBILIGATIONS OF THE SUCCESSFULOFFEROR:

1. All products offered shall be of name brand and approved by the Director or his duly authorized representative.

2. Prices shall be prominently posted on the front of vending machines, at all times.

3. All machines shall have a highly visible label decal with phone number for service/repairs. Response to any request for service shall be provided within twenty-four (24) hours In the event a machine cannot be repaired within twenty-four (24) hours, the Successful Offeror shall provide a replacement unit.

4. The Successful Offeror shall pay all Federal, State, and County taxes chargeable to the operation.

5. The Successful Offeror shall be responsible for any and all damage to the County resulting from its operation, which shall be promptly repaired by the Offeror at its own expense. The Offeror shall receive approval by the Purchasing Officer prior to making any repairs.

6.The Successful Offerior shall perform services under this contract as an independent contractor and not as an employee of the County of Henrico. Nothing herein shall be construed as placing the Contractor in the category of either a classified or other type of employee of the County of Henrico.

7.The Successful Offerior shall make service calls at a minimum of once a week at all sites; this may be adjusted during the course of the contract. More frequent service calls for some sites may be necessary as determined by usage. The service call shall include collecting monies, rotating products and refilling machines.

8.The Successful Offerior agrees to return to the County at the expiration of this contract the vending service premises in the condition it was received, except for normal wear and tear.

9.The Successful Offerior shall provide as part of the proposal submission, a REFUND PLAN for those persons who may lose money in the vending machines. The refund plan shall be simple, accurate and prompt.

10.The Successful Offerior shall perform the vending services in an efficient, businesslike manner, offering for sale such foods, confections, beverages and miscellaneous items for which are name brand and requires a reasonable demand from the public.

11.The vending machines/equipment to be used by the Successful Offerior shall be National Automatic Merchandising Association (NAMA) certified and bear the NAMA Service Mark. Machines shall be of the latest design, with state of the art equipment and matching in order to present a favorable appearance to the public. All machines must come equipped with a dollar bill changer. Offeriors shall provide with their proposal submittal information and guidelines on the installation and usage of Credit and Debit cards devices associated with their vending machines.

12.The Successful Offerior shall be responsible for machine sanitation and regular inspections for safe operations and shall maintain machine interiors in accordance with the standards set forth in the Virginia Department of Health Food Regulations 12 VAC 5-421 regarding the vending of food and beverages. Machines shall be kept clean and in good working order at all times. The Successful Offerior shall keep all areas and facilities under their jurisdiction clean and sanitary at all times.

13.All expired products shall be removed from machines in a timely manner. It is expected dates will be checked on the weekly restocking visits.

14.Machines are to be well stocked to ensure continuous availability of products.

15.At any time during the contract period, vending equipment may be added or removed at no additional cost to the County.

16.The Successful Offeriorshall provide repair services on all equipment installed under this contract. The Successful Offerior will have a minimum of oneNational Automatic Merchandising Association (NAMA), Level II, Certified, Journeyman Mechanic on staff; to perform maintenance on the installed equipment.

17.The Successful Offerior shall establish, maintain and provide accurate reports and timely payment of commissions on a monthly basis. The monthly reports are to include, but are not to be limited to the following:

a.The Successful Offerior shall deliver to and review with the Contract Administrator a monthly report detailing all revenues and items sold related to the operation under this Contract. The revenue statement shall include a sales summary by product and product group on a weekly basis for each week of operation. Submission of the monthly report shall be no later than one week following the monthly reporting period.

b.The Successful Offerior will interpret and summarize the data contained in the Revenue Statement and provide recommendations for improvement where applicable.

c. Period covered by the report (e.g. monthly)

d. Gross sales for the period by location

e. Number of beverages and snacks sold per location

f. Date of Disbursement

g. Commissions shall be paid every month in business check form, no later than one week following the monthly report period.

h. Reports and commission checks should be mailed to the address below to the attention of Contract Administrator.

i. Payments should be made payable to:

Henrico County

General Services

Purchasing Office

PO Box 90775

Henrico, VA 23273-0775

18. The Successful Offerior shall deliver to the Contract Administrator an audited annual operating statement (Financial Audit) showing all revenues and expenditures related to the operation under this Contract. The annual operating statement shall be externally and independently audited. Such statement will be submitted to the Contract Administrator, no later than sixty (60) days following the Successful Offerior’s fiscal year end.

19. The Successful Offerior shall provide all delivery, set up and maintenance at no additional cost to the County.

20. All machines must comply with current ADA (American Disabilities Act) to ensure proper height and reach of controls and coinage are in accordance with established requirements of the ADA. Height is to be no more than 48” and no lower than 15”. Reference is made to section 4.2.5 Forward Reach

21. The Successful Offerior shall be a current member of the National Automatic Merchandising Association (NAMA).

22. The Successful Offerior shall employ the National Automatic Merchandising Association, NAMA’s, “Fit Pick” program on all machines located at designated County sites.

a. Fit Pick Standard 35-10-35: Identifies products with not more than 35% of their calories from fat, not more than 10% from saturated fat, and not more than 35% of the total weight from sugar (nuts and seeds excluded).

b. All snack machines shall include but not be limited to Fit Pick stickers that are placed in front of qualifying products:

1.) Thin clings that explain the nutrition standards

2.) Coin slot stickers and round stickers to benefit and educate County of Henrico personnel.

c. Stickers shall emphasize the NAMA, “Balanced for Life” program which is designed to inform County employees about the fundamentals of a balanced diet and the importance of physical activity.

23. The Fit Pick and Balance for Life programs shall be monitored by the County of Henrico, Human Resources, Fitness and Wellness Division Manager. The Division Manager shall be authorized to recommend a change of products, including different nutrition standards that will be considered to be in the best interest of the employees of the County.

C. VENDING PRODUCTS AND PRICING:

1.The percent (%) offered to the County as product commission shall be documented on the Pricing Summary, Page 31. The percent offered shall remain unchanged throughout the term of the contract.

2. The maximum prices to be charged for items sold in the vending machines shall be firm throughout the terms of the contract and are as follows:

a. Can Cold Drinks (12 oz.): $1.00

b. Bottled Cold Drinks (20 oz.) to include water: $1.50

c. Pastries: $1.50

d. Chips/Snacks: $1.00

e. Crackers/Peanuts: $.75

f. Candy/Candy Bars: $1.00

g. Soups/Pasta (small) $1.00

3. All other products such as, cold sandwiches, popcorn, soups, coffee, health conscious choices and any other products to be sold and the price of such products being offered shall be identified on Attachment G, and if approved, will remain firm throughout the term of the contract. Healthy choice selections must be available in each machine and will be emphasizedby the Fitness and Wellness Division Manager.

IV.COUNTY RESPONSIBILITIES:

A. The County of Henrico will provide appropriate space and incur all electricity cost and providewater with use of the machines, as required.

B. The County will designate an individual to act as the Project Manager for all work performed under this contract. The Project manager shall coordinate the work and shall have the authority to make decisions in writing binding their respective employers on matters within the scope of the contract.

V.ANTICIPATED SCHEDULE:

The following represents a tentative outline of the process currently anticipated by the County:

Request for Proposals distributedApril 10, 2013

Pre-proposal ConferenceApril 16, 2013; 11:00 a.m.

Deadline for questions April 19, 2013

Receive written proposals May3, 2013; 2:30 p.m.

Conduct oral interviews/negotiations May 24, 2013

Contract/Installation begins after July1, 2013

VI.GENERAL CONTRACT TERMS AND CONDITIONS:

A.Annual Appropriations

It is understood and agreed that the contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the County of Henrico, Board of Supervisors. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “contractor”) shall not be entitled to seek redress from the County of Henrico, Virginia (the “County”) should the Board of Supervisors fail to make annual appropriations for the Contract.

B.Award of the Contract

1.The County reserves the right to reject any or all proposals and to waive any informalities.

2.The Successful Offeror shall, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Purchasing Office the Contract documents and any other forms or bonds required by the RFP.

  1. The Contract resulting from this RFP is not assignable.

4.Upon making an award, or giving notice of intent to award, the County will place appropriate notice on the public bulletin board located at the following locations:

Purchasing OfficeEastern Government Center

North Run Office Complex3820 Nine Mile Road

1590 East Parham RoadHenrico VA

Henrico VA 23228

Henrico Government Center

4301 E. Parham Road

Henrico VA 23228

Notice of award or intent to award may also appear on thePurchasing Office website:

C.Collusion

By submitting a proposal in response to this Request for Proposal, the Offeror represents that in the preparation and submission of this proposal, said Offeror did not, either directly or indirectly, enter into any combination or arrangement with any person, Offeror or corporation or enter into any agreement, 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. § 1 et seq.) or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

D.Compensation

The Successful Offeror shall submit a complete itemized invoice on each delivery or service that is performed under the Contract. Payment shall be rendered to the Successful Offeror for satisfactory compliance with the Contract within forty-five (45) days after receipt of a proper invoice.

E.Controlling Law and Venue

The Contract will be made, entered into, and shall be performed in the County of Henrico, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflicts of law principles. Any dispute arising out of the Contract, its interpretations, or its performance shall be litigated only in the Henrico County General District Court or the Circuit Court of the County of Henrico, Virginia.

F.Default

1.If the Successful Offeror is wholly responsible for a failure to perform the Contract (including, but not limited to, failure to make delivery of goods, failure to complete implementation and installation, and/or if the goods and/or services fail in any way to perform as specified herein), the County may consider the Successful Offeror to be in default. In the event of default, the County will provide the Successful Offeror with written notice of default, and the Successful Offeror shall provide a plan to correct said default within 20 calendar days of the County’s notice of default.

2.If the Successful Offeror fails to cure said default within 20 days, the County, among other actions, may complete the Contract work through a third party, and the Successful Offeror shall be responsible for any amount in excess of the Contract price incurred by the County in completing the work to a capability equal to that specified in the Contract.

G.Discussion of Exceptions to the RFP

This RFP, including but not limited to its venue, termination, and payment schedule provisions, shall be incorporated by reference into the Contract documents as if its provisions were stated verbatim therein. Therefore, Offerors shall explicitly identify any exception to any provisions of the RFP in a separate “Exceptions to RFP” section of the proposal so that such exceptions may be resolved before execution of the Contract. In case of any conflict between the RFP and any other Contract documents, the RFP shall control unless the Contract documents explicitly provide otherwise.

H. Drug-Free Workplace to be Maintained by the Contractor (Va. Code § 2.2-4312)

1.During the performance of this Contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.