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HomeMy WebLinkAboutRFP - P1085 VENDING MACHINE SERVICESREQUEST FOR PROPOSAL P1085 VENDING MACHINE SERVICES C:tv of Rnt Collins The City of Fort Collins is requesting proposals from firms for Beverage, Snack and Video Game Vending Machine Services at Northside Aztlan Community Center (NACC), Edora Pool Ice Center (EPIC), Mulberry Pool, 215 N Mason Street Building, and Downtown Transit Center (DTC) Written proposals, five (5 ) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St , 2nd floor, Fort Collins, Colorado 80524 Proposals will be received before 3 00 p m (our clock), October 1, 2007 Proposal No P1085 If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524 If mailed, the address is P O Box 580, Fort Collins, 80522-0580 Questions regarding scope of the services, proposal submittal or process should be directed to David Carey, CPPB, Buyer, phone (970) 416-2191, email dcarey(djcgov corn A copy of the Proposal may be obtained as follows Download the Proposal/Bid from the BuySpeed Webpage, https //secure2 fcgov com/bso/login isp 2 Come by Purchasing at 215 North Mason St, 2nd floor, Fort Collins, and request a copy of the Bid Sales Prohibited/Conflict of Interest No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited Collusive or sham proposals Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities S erely, D �`7 4/J dames B O'Neill 11, CPPO, FNIGP 6i` Director of Purchasing & Risk Management 215 North NJason sheet • 2"" Floor • P 0 Box 580 • Port Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 le,_,ox to City- Service Provider: City of Fort Collins Attn Purchasing PO Box 580 Fort Collins, CO 80522 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 City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of pages, and incorporated herein by this reference 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 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 9 SA rev06/07 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 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 (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final —acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time 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 to SA rev06/07 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 in connection with the performance of any service hereunder 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 B, 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 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 SA rev06/07 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 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 and 1 Contractor does not knowingly employ or contract with an illegal alien, 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 confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts 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 12 SA rev06/07 d Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of lob 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 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, CRS 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 13 SA rev06/07 18 Special Provisions [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference ATTEST City Clerk APPROVED AS TO FORM Assistant City Attorney-- -- CITY OF FORT COLLINS, COLORADO a municipal corporation By James B O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date M PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date ATTEST (Corporate Seal) CORPORATE SECRETARY 14 SA rev06/07 EXHIBIT B 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 ten (10) days written notice has been received by 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 Workers' Compensation insurance with statutory limits as required by Colorado law 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 REQUEST FOR PROPOSAL P1085 VENDING MACHINE SERVICES A. Background The City of Fort Collins (City) is requesting proposals from qualified firms to provide beverage, snack, and limited game vending machine services at the following facilities in Fort Collins 1 Northside Aztlan Community Center (NACC) located at 112 East Willow 2 Edora Pool & Ice Center (EPIC) located at 1801 Riverside 3 Mulberry Pool located at 424 West Mulberry Street 4 Muncipal Office Building located at 215 North Mason Street 5 Downtown Transit Center (DTC) located at 250 N Mason Street All machines must be housed within the area specified by the authorized City Representative Machines will be added or deleted at the option of the City It is desirable to have all machines available and on sites by October 12, 2007 All machines, except those at Municipal Office Building, will have public access A commission rate is to be paid monthly to the appropriate City department on cash collected less applicable taxes The City's preference is to award the RFP to one vendor, but reserves the right to split beverage and snack vending machine services if it is in the best interest of the City The contract will be awarded for an initial period beginning October 1, 2007 and ending October 1, 2008 At the City's option, the contract may be renewed for additional one-year periods, not to exceed four (4) additional periods Any changes in contract terms shall be negotiated by and agreed to in writing by both parties B. Scope of Services The Vendor shall provide beverage, snack and game vending machine services at the location(s) specified by the City Vendor 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 Anticipated machine mix and sites are as follows 1. Northside Aztlan Community Center (NACC)• (1) Sport Drink / Water Machine — 20oz plastic bottles Shall have a minimum of 9 selections (Pepsi and/or Coca-Cola) (2) Soft Drink Machines — 20oz plastic bottles Shall have a minimum of 9 selections (Pepsi and/or Coca-Cola) (1) Snack Machine Shall have minimum of 32 selections to handle variety of snacks and candy items No gum or shelled (peanut, sunflower seed, etc ) products (1) Dollar Bill Changer -separate unit Shall be in addition to any other machines that have this capacity 2 Edora Pool & Ice Center (EPIC): (2) Snack Machines Each shall have a minimum of 32 selections to handle a variety of snacks and candy items No gum or shelled (peanut, sunflower seed, etc ) products (2) Soft Drink Machines - 20oz plastic bottles Each shall have a minimum of nine (9) different Pepsi and Coca-Cola products (2) Juice/Sport Drink/Water Machines-1 6/20oz plastic bottles Shall have a minimum of nine (9) different products (Pepsi and/or Coca-Cola) (2) Dollar Bill Changers -separate units Shall be in addition to any other machines that have this capacity (2) Games One must be the Super Chexx Hockey game If the other is a video game, it must be acceptable to the City Representative with no violence or sexual content 3. Mulberry Pool: (1) Snack Machine Shall have a minimum of 32 selections to handle a variety of snack and candy items No gum or shelled (peanut, sunflower seed, etc ) products (1) Soft Drink / Juice / Sport Drink Machine-16/20oz plastic bottles Shall have a minimum of nine (9) different products (Pepsi and/or Coca-Cola) 4 Municipal Office Building-215 North Mason Street. (1) Snack Machine — Shall have a minimum of 32 selections to handle a variety of snacks and candy items No gum or shelled (peanut, sunflower seed, etc ) products One (1) Soft Drink / Juice Machine—16/20oz plastic bottles Shall have a minimum of nine (9) different products (Pepsi and/or Coca-Cola) 5. Downtown Transit Center (DTC). One (1) Snack Machine Shall have a minimum of 32 selections to handle a variety of snack and candy items No gum or shelled (peanut, sunflower seed, etc ) products One (1) Soft Drink / Water Machine - 20oz plastic bottles Shall have a minimum of nine (9) different products (Pepsi and/or Coca-Cola) One (1) Dollar Bill Changer - separate unit Shall be in addition to any other machines that have this capacity C General Conditions & Specifications The following conditions and specifications are presented for general guidance in preparing a written proposal Some of these terms will be included in the Concession Agreement (Exhibit A) in an attachment (Scope of Services), and others are already part of the Agreement Proposers should carefully review while preparing their response 1 All machines shall be installed, stocked, maintained and serviced by the Vendor at no expense to the City Malfunctioning equipment shall be repaired and operating normally within 24 hours after Vendor is notified Equipment which cannot be repaired within 24 hours will be removed and replaced in a timely manner Vendor must have a local or toll - free number for service calls posted on all machines 2 No machines may be installed, removed, or locations changed without the prior written authorization of the City Representative The Vendor will be allowed to make reasonable adjustments in machine placement or product offering to provide maximum service in keeping with good business practice 3 All machines must be new or refurbished to like new condition 4 Vendor 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 5 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 6 Each vending machine must accept both coins and one dollar bills and dispense proper change 7 The City will in no way be responsible for normal wear, loss, or damage to the machines including losses from theft, property damage or vandalism All losses incurred by the vendor due to the above shall not be considered in determining gross revenues 8 Name of the Vendor, contact information and customer refund procedures must be prominently displayed on each machine Refund procedures must be approved by the City Representative 9 Vendor must comply with all applicable laws, rules and regulations governing their activities and obtain all applicable licenses or permits 10 Products must be identified by brand name and weight or size including pricing 11 Vendor 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 weekends, with City Representative as required 3 12 Storage is not available at vending locations Vendor must provide for storage 13 For the first six calendar months of this contract, no changes in pricing of any item will be allowed Any changes after that period in brands, weight or price must be pre -approved in writing by the City Representative 14 Detailed sales reports per machine must accompany each monthly statement and are subject to audit by the City 15 Gross sales are defined as total vended sales excluding sales tax It is computed by adding the beginning inventory to additions of merchandise to the vending machine and subtracting the ending inventory, at vended price less sales tax Cash receipts cannot be considered as gross sales 16 City shall provide adequate electrical outlets, lighting fixtures for general area illumination, and unmetered electricity in the vending sites D Supplementary Conditions 1 Access to City Facilities City Representative shall coordinate providing Vendor with access cards or keys for entrance to each site, as needed Prior to beginning work under this Agreement, the Vendor must obtain clearance from Fort Collins Police Services for any person who needs access to City facilities to perform the Vendor's obligations under this Agreement Police Services will check all sources of information they deem relevant and appropriate to determine if clearance will be given The Vendor will provide the City Representative with information about each person seeking clearance as requested by Police Services including name, date of birth, Social Security number and Colorado Drivers license or ID number Police Services may deny clearance to any person who a) Has an active criminal arrest warrant, b) Has a felony arrest or conviction, c) Has a drug -related misdemeanor or a petty offense conviction, d) Has a non -drug -related misdemeanor or a petty offense conviction within the past three (3) years, e) Is a suspect in an active criminal investigation, f) Was previously terminated from employment by the City of Fort Collins, g) Is determined to be a threat to the safety of persons or property or to the confidentiality of City information Human Resources shall provide the Vendor with identification cards for all persons given clearance Such identification cards shall be displayed, in an easily seen manner, on the person of all employees and representatives of the Vendor at all times such persons are in City facilities Identification cards, access cards and keys to City facilities of persons who no longer work for the Vendor or who no longer work in City facilities shall be immediately returned to the City Representative Any employee or representative of the Vendor in a City facility without a properly displayed identification card is subject to immediate eviction from the facility 4 The Vendor shall provide the City with a current and complete list of the names, I D card numbers, address and telephone numbers of all employees and representatives of the Vendor The Vendor shall keep this list current and shall immediately inform the City Representative of all personnel changes All information needed for ID's to be issued, is to be provided to the City's Representative before Notice to Proceed is issued 2 Building Security The Vendor will assign a member of their staff to be responsible for locking all exterior doors, when after hours, upon completion of their work each day Only Vendor employees assigned to the building are authorized in the building E. Proposal Requirements Firms submitting proposals shall submit four (4) copies of the proposal with the following information 1 Company history and experience in providing beverage and snack vending machine services, as described in the scope of work Describe the company business structure (sole -proprietorship, partnership, or corporation) and indicate whether the concession would be operated directly by the company or by a sub -contractor 2 The names and brief resumes of the company representatives responsible for providing further information and for coordinating vending operations with the City 3 References from five (5) or more organizations, preferably and governmental and local, that currently use your company for similar products and services For each reference, give the length of service and describe the services and products provided 4 A written description of each vending machine proposed, indicating whether it is new or refurbished, and a list of proposed products 5 Proposed product descriptions, vending price and commission rate 6 Each vending machine shall be proposed separately and shall include a commission rate, percentage (%) of gross sales excluding sales tax, to be paid to the City This percentage shall be submitted to two decimal places (_ _ %) Proposal must be signed by a duly authorized representative of the firm The signature shall include the title of the individual The City reserves the right to refuse any proposal that does not include these requirements The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal E. Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal F Miscellaneous The City expects to enter into a written Services Agreement ("Agreement') with the chosen vendor that shall incorporate this RFP and their proposal The anticipated terms and conditions of the Agreement are set forth in the attached document However, the City may include additional terms and conditions in the Services Agreement as deemed necessary G Review and Assessment Firms will be evaluated on the following criteria These criteria will be the basis for review of the written proposals and interview session The City of Fort Collins reserves the right to select a vendor for this project on the basis of written proposals submitted only The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating Weighting factors for the criteria are listed adjacent to the qualification Weighting Qualification Standard Factor How well does the proposal address the services 20 Scope of Proposal and requirements contained in the RFP? Do the persons who will be providing the services 1 0 Assigned Personnel have the necessary skills? Are sufficient people of the requisite skills available? Can the firm provide vending machine services in a 20 Availability timely manner? Is the firm interested and are they capable of 1 0 Motivation providing services in the required time frame? What is the product selection, price and 20 Price, Selection commission rate? & Commission Does the firm have required experience and 20 Firm Capability resources? Has the firm provided services of this type and scope? H Reference Evaluation (Top Ranked Firm) The Protect Manager will check references using the following criteria The evaluation rankings will be labeled Satisfactory/Unsatisfactory Qualification Standard Overall Performance Would you hire this firm again? Did they show the skills required? Timetable Were machines initially installed in a timely manner? Does the company provide ongoing services regularly? Completeness Has the company been responsive to client needs? Has the company anticipated problems? Were problems solved quickly and effectively? Cost Has original pricing been increased substantially? Job Knowledge Do firm and personnel have the necessary knowledge and skills? (SAMPLE) SERVICES 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 , 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 pages and incorporated herein by this reference 2 Contract Period This Agreement shall commence , and shall continue in full force and effect until , unless sooner terminated as herein provided 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 4 Early Termination by City/Notice Notwithstanding the time periods contained herein, the -City 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 8 SA rev06/07