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HomeMy WebLinkAbout114170 COCA-COLA BOTTLING CO GREELEY - CONTRACT - RFP - P1063 BEVERAGE VENDING MACHINES PARKSSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Coca-Cola Bottling of Greeley, a division of Coca-Cola Enterprises Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of three (3) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 9, 2007, and shall continue in full force and effect until April 9, 2008, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. SA 09/01/06 1 4) City Requirements Installations and services to be provided by the City: a) Adequate electrical outlets in the vending sites. b) Lighting fixtures for general area illumination c) Unmetered electricity in the vending sites. 10 EXHIBIT B Vend Price and Commission Schedule P1063 Vending Machines -Beverage -Parks Product Vend Price Commission Carbonated Soft Drinks, $1.25 *30% 20oz. Plastic Bottles Dasani Water, $1.25 *30% 20oz. Plastic Bottles Powerade Sports Drinks, $1.50 *30% 20oz. Plastic Bottles Energy Drinks, $2.00 *15% 16oz. Plastic Bottles *Commission rates are less any applicable taxes 11 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after endeavoring to provide thirty (30) days written notice to the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 12 MMC 5/25/2007 6:52 PM PAGE 2/002 Eastern Time Zone F 3 CERTIFICATE NUMBER" -.. "� ATL-= 25W39-06 •�• PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED N THE 3475 PIEDMONT RD NE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE SUITE 1200 AFFORDED BY THE POLICIES DESCRIBED HEREIN. ATLANTA, GA 30305 CE Attn: ATLANTA.CERTRTREQUESTOMARS H.COM FAX: COMPANIES AFFORDING COVERAGE 212-948-4321 COMPANY 477-CCE-MAST.-06-07 A ACE AMERICAN INSURANCE COMPANY INSURED COMPANY 'Coca-Cola Enterprises Inc. B N/A DBA Coca-Cola Bottling Company of Greeley COMPANY 12007th Avenue Greeley, CO 80631-4112 C NIA COMPANY D NIA THIS IS TO CERTIFY THAT POLIgE3 OF INSIRANCE DESCRIBED HEREIN HAVE BEEN ISSUED 70 THE IN9.IRED NAMED HEREIN FOR 7HE POLICY PERIOD INDICATED. NOTMTH STANDING ANV REIXIIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOg1MENT VATH RESPECT TO VMICH THE CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSIRANCE AFFORDED BV 7HE POU qES DESCRIB ED HEREIN IS SUBJECT TO AL 7HE TERM$ CONDITIONS AND EXCLU9IXJS OF SUCH POLICIES AGGREGATE LIMITS 9NOVVN MAV HAVE BEEN R®UCED BV P ND CLAIMS. LTR TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS DATE(MMlDDIYY) DATE(MMIDDA(Y) A GENERAL UABILITY HDOG2173309A 11101106 11/01/07 GENERAL AGGREGATE $ 4,000,000 X COMMERCIAL GENERAL LIABILITY PRooucrs-caMProPAGG $ 4,000,000 CLAMSNI 1XI OCCUR PERSONA- &ADVINJURV $ 1,000,000 OVMNER'S& CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE(AnymeAre) $ 50,000 ICED EXP (Any me person) $ 5,000 AUTOMOBILE LU1alUTY COMBINED SNGLE LIMIT $ ANY ALTO ALL OYANED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per pa") BODILY INJJRV $ HIRED AUTOS NON-owNEorwros (Per acddmt PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLV-EAACCIDENT $ OTHER THAN AUTO ONLY MY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ _ AGGREGATE $ UMBRELLAFORM OrHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND VYC STATU- Ohl EMP LOYERS'LIABILffV TO2V LIMITSI I ER EL EACH ACCIDENT $'�Y THE PROPRIETOR/ INCL PARTNERSEXECUTIVE 'EL DISEASE -POLICY LIMIT $ EL DISEASE -EACH EMPLOYEE $ OFFICERSARE'. EXCL HER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS City of Fat Collins, Colorado, its officers and employees are included asAddifional Insured (if required by contract) on the above General Liability policy but only with respect to liability arising out of the operations of the Named Insured. Wt761t_.,. SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSRER AFFORDING CO RAOE WLL ENDEAVOR TO HMIL 30 DAYS WRITTEN NOTICE TO THE City of Fort Collins Purchasing Divison CERTIFICATE HOLDER NAI.ED HEREIN 3l FAILI RE TO MAIL a1CH NOTICE BULL IMPOg NO OBLIGATION OR Atttn: David Carey, CPPB LIABILITYOF ANY KIM UPONTHE NSIRER AFFORDING COVERAGE, ITSAGENTSOR REPRESENTATIVE$ OR THE PO Box SBO Fort Collins, CO 80521 ISiDER OFTHS CERTIFICATE MARSH USA INC. BY: Walter Gilstrap 'wR l%iLd VALID AS OF: 05125107 Today's Date 5_/_16_/_07_ Date Certificate Required 5/17/07 For Assistance Please Contact: Annette Harper Tel#:512-342-4570 E-mail: Atlanta.certrequest @marsh.com Melba Winters Marsh, Inc. (404)995-2764 melba.j.winters @marsh.com Sylvia Johnson CCE Risk Mgmt. (770)989-3042 Crysie Grelecki CCE Risk Mgmt. (770)989-3025 Dianne Talmadge CCE Risk Mgmt. (770) 989-3040 C_ "-4 0 1 - r"A & pu;j a CERTIFICATE OF INSURANCE REQUEST FORM Certificates of Insurance are issued by CCE's primary casualty broker, Marsh. Marsh will process the request within 2 business days of their receipt of the form. Please fax form to Atlanta Cert Request: 212-948-4321 CCE Information Legal Entity Name Coca-Cola Enterprises (CCE or Subsidiary) d/b/a (if required) d/b/a Greeley Coca-Cola Bottling Company Street/P.O. Box: 1200 7th Avenue City/State/Zip: Greeley, Colorado 80631 Contact Name: Julie Veal TEL # / FAX # (970)336-8424 (970)352-8817 CERTIFICATE HOLDER (REQUESTING CUSTOMER INFORMATION) Requesting Company: City of Fort Collins- Purchasing Division Street/P.O. Box: PO Box 580 City/State/Zip: Fort Collins, CO 80521 Contact Name: David Carey, CPPB TEL # / FAX # (970)416-2191 (970)221-6707 Is There a Contract Associated with Certificate Request? x Yes No Has CCE's Legal Department Reviewed Contract? x Yes No Has the Contract Already Been Signed? x Yes No Is Additional Insured Language Required? Yes n No Type of Coverage & Limits Re nested: Auto Liability General Liability x Workers' Comp Excess Liability Other (describe) Send Original Certificate of Insurance to: CCE Contact Above Customer xn Send Via MAIL FAX 0 Overnight Q Send Copy of Certificate to: CCE Contact Above Customer Q Send Via MAIL FAX Fx__� Overnight Q Additional Information Required on Certificate Bid or contract number, leased property location, etc. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City or Service Provider may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing Division P.O. Box 580 Fort Collins, CO 80522 Service Provider: Coca-Cola Bottling of Greeley Attn: Julie Veal 15200 7ch Ave Greeley, CO 80631 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The Service Provider shall set vend prices and pay commission to the City for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "B", Vend Price and Commission Schedule, consisting of one (1) page, and incorporated herein by this reference. Service Provider shall pay commission on a monthly basis. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation SA 09101 /06 2 hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. a 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new or refurbished and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be SA 09/01 /06 3 liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring as a result of Service Provider's negligent acts. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and 'maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one (1) copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this SA 09/01 /06 0 Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement: C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that SA 09/01 /06 5 Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. SA 09/01/06 6 CITY OF FORT COLLINS, COLORADO a municipal corporation By. 0 "R Jame B O'Neill II, CPPO, FNIGP Direc of Purchasing and Risk Management Date: 9-2-ril Coca-ColI— so,_ tling of By: PRINT NAME TITLE Date: S jr ATTEST: (Corporate Seal) CORPORATE SECRETARY SA 09/01 /06 7 EXHIBIT A Scope of Services P1063 Vending Machines -Beverage -Parks 1) Background The City of Fort Collins' (City) objective is to provide beverage vending machine service to users of the sites listed below, primarily during the spring and summer seasons. All machines must be housed within the area specified by the authorized City Representative. Sites and/or machines will be added or deleted at the option of the City. It is desirable to have all machines available and on sites by April 1, 2007. Total gross sales for beverages vended at all sites are estimated to be $15,000-$20,000 per year. Commission on cash collected, less any applicable taxes, to be paid monthly to the appropriate City department. Any changes in contract terms shall tie negotiated by and agreed to in writing by both parties. Authorized food/merchandise vendors for special events, including tournaments, will be allowed to sell bottled beverages at the option of the City. 2) Scope of Services Anticipated machine mix and sites are as follows: City Park, 1500 W. Mulberry Street (1) Water/sports drink/juice machine — 20oz plastic bottles (1) Soft drink machine — 20oz plastic bottles Rolland Moore Park, 2201 S. Shields Street (2) Sports drink machines — 20oz plastic bottles (1) Water machine — 20oz plastic bottles (3) Soft drink machines — 20oz plastic bottles Fossil Creek Park, 5821 S. Lemay Avenue (1) Energy drink machine — 16oz plastic bottles (1) Sports drink machine — 20oz plastic bottles (3) Water/sports drink/juice machines— 20oz plastic bottles Spring Park, 2100 Mathews (1) Soft drink/water machine — 20oz plastic bottles Lee Martinez Park, 600 N. Sherwood Street (1) Water/sports drink machine — 20oz plastic bottles (1) Soft drink machine — 20oz plastic bottles Lincoln Center (City's cultural arts center), 417 W. Magnolia (1) Soft drink/water machine — 20oz plastic bottles Spring Canyon Park, W. Horsetooth & Overland Trail (est. Fall 2007) (2) Water/sports drink machines — 20oz plastic bottles (1) Soft drink machine — 20oz plastic bottles Edora Park, 1420 E. Stuart Street (est. Spring 2007) (1) Soft drink/water machine — 20oz plastic bottles El 3) Service Provider Requirements The Service Provider shall provide beverage vending machine services primarily in the ballfield area of various parks located in the City of Fort Collins. Service Provider shall be responsible for timely restocking of products, maintenance and repair of equipment, customer refunds, monthly sales and commission reporting, and payments to the City as required by the Services Agreement. a) All machines shall be installed, stocked, maintained and serviced by the Service Provider at no expense to the City. Malfunctioning equipment shall be repaired and operating normally within 24 hours after Service Provider is notified. Equipment which cannot be repaired within 24 hours will be removed and replaced in a timely manner. Service Provider must have a local or toll -free number for service calls posted on all machines. b) No machines may be installed, removed, or locations changed without the prior written authorization of the City Representative. The Service Provider will be allowed to make reasonable adjustments in machine placement or product offering to provide maximum service in keeping with good business practice. The City Representative will authorize additions or deletions on the basis of reported sales data and security issues. Service Provider may be requested, from time to time, to install machines vending different products on a trial basis. Service Provider may also request permission from City to install machines vending a different product on a trial basis c) Service Provider shall furnish the City Representative a description of each make or type of machine installed or to be installed under this Agreement, including a manufacturer's specification sheet. d) Each machine shall have the ENERGY STAR rating or incorporate an energy -saving technology device, such as VendingMiser®. ENERGY STAR is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy helping us all save money and protect the environment through energy efficient products and practices. e) Each vending machine must accept both coins and one dollar bills and dispense proper change. f) Name of the Service Provider and contact information must be prominently displayed on each machine. Service Provider must have customer refund procedure. Procedure must be prominently displayed in each vending area as directed by the City Representative. g) Service Provider must comply with all applicable laws, rules and regulations governing their activities and obtain all applicable licenses or permits. h) On a monthly basis, pay all applicable taxes and commissions to the City and submit commission reports within thirty (30) days after each month. Commission reports will list the cash collected and commission calculations associated with the vending operations. i) The Service Provider will be fully responsible for normal wear, loss, or damage to the machines resulting from any cause whatsoever, whether such damage shall be caused by an agent or employee of the City of Fort Collins or by any person whomsoever. j) Service Provider must have a reliable, flexible system available for maintaining adequate product inventory and keeping machines properly stocked. Must coordinate restocking requirements for tournaments and special events, including on weekends, with City Representative as required. 0