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Home My WebLink About114170 COCA-COLA BOTTLING CO GREELEY - CONTRACT - RFP - P824 VENDING MACHINES PARKS ANNUALPROFESSIONAL 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 Coca Cola of Greeley, Rocky Mountain Division of CCE, a corporation, hereinafter referred to as 'Professional'. W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scone of Services. The Professional 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon signing of this Agreement. Services shall be completed no later than March 15, 2002. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. Early Termination by City. Notwiths anding the time periods contained herein, the City may terminate this Agreement at any time dithout cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless i itherwise agreed in writing by the parties. All notices provided under this Agreement shall be f ffective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Coca-Cola of Greeley City of Fort Collins, City of Fort Collins Rocky Mountain Div. Of CCE Recreation Purchasing 1200 7`" Avenue P.O. Box 580 P.O. Box 580 Greeley, CO 80631 Ft. Collins, CO 80522 Ft. Collins, CO 80522 Attn: Julie Veal (Dist. Sales Attn: Jeff Jamison Attn: Keith I. Ashby Manager) In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the Professional agrees to pay the City a fixed fee in the amount 45% of cash collected less applicable tax, or $14.20 per case for all product drop shipped. Monthly payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written monthly commission report reflecting sales by vendor. Failure to provide any required monthly report may, at the option of the City, suspend or terminate this contract. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 3 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. 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 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. 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. THE CITY OF FORT CCOLLIIN[S,, CO,L,O�RADDO c ( By: � `ta \J fix VLF Payhes B. O'Neill II, CPPO, FNIGP Direc r f Purchasing & Risk Management DATE: %L /DZ Coca--Colla. of Greeley, Rocky Mountain Div. Of CCE By: l /(M�-K�N'A� OMIi.74y Title: C�QRAFERfSIE}E�1T nR`vir..RmgIDENT Date: 90107, ATTEST: (Corporate Seal) Corporate Secretary EXHIBIT A Section 2.0: Scope of Work 2.1 Background The City of Fort Collins is soliciting bids from firms to provide beverages to users of the parks listed above during the spring and summer seasons. All machines bid must be housed within the area specified by City Staff. It is desirable to have all machines available and on site by March 15, 2002. Last year's gross sales total for beverages at all three (3) ballfields was $20,006.40. The contract will be awarded for an initial period beginning March 1,2002 and ending December 31, 2002. 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 by both parties. 2.2 Scope of work II. Option 11 A. The Concessionaire shall provide vending machines in the ballfield areas previously listed. Concessionaire shall be responsible for timely resupply of vending products, repair of vending related equipment, refunds, as required, to vending customers, and for such recordkeeping and payments to the City as are required by the Vending Concession Agreement. City Park 1 sports drink machine — 20oz bottles 1 water machine — 20oz bottles 2 soft drink machines — 20oz bottles Edora Park 2 sports drink machines — 20oz bottles 2 water machines — 20oz bottles 2 soft drink machines — 20oz bottles Rolland Moore Park 2 sport drink machines — 20oz bottles 2 water machines — 20oz bottles 4 soft drink machines — 20oz bottles B. All machines shall be installed by the Concessionaire at his/her own expense, and shall be maintained and serviced by the Concessionaire at his/her own expense so as to insure that such machines are in good working order. Malfunctioning vending equipment shall be repaired and operating normally within 24 hours after Concessionaire is notified of such malfunction. Machines which cannot be repaired within 24 hours shall be removed and replaced with a normally functioning unit. Concessionaire must have a local or toll -free number for repair calls. C. No additional machines may be installed, machines removed, or locations changed without the prior written authorization of the authorized City Representative. This provision is intended to provide an orderly and regulated method for the City of Fort Collins to administer this contract and should not be construed as restricting the Concessionaire in providing reasonable readjustments 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 properly reported sales experience. Concessionaire may be requested from time to time, to install machines vending different products on a trial basis. Concessionaire may request permission to install machines vending a different product on a trial basis. D. The City of Fort Collins will not be held 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. E. Concessionaire shall furnish the City's Representative a description of each make or type of machine installed or to be installed under this contract. The City of Fort Collins will require the name of the Concessionaire to appear on each machine. A City representative or the concessionaire will make refunds. Depending on the option the City chooses, procedures must be prominently displayed in each vending area as directed by the City Representative. G. Concessionaire shall furnish the City's representative with a description of each make or type of machine installed under this contract. H. Concessionaire must comply with all health regulations of the Federal Government, the State of Colorado, the City of Fort Collins, Larimer County and any other inspection and control measures the City of Fort Collins may require. Concessionaire will pay all sales tax, license permits, and fees. He/she will comply with all the ordinances, codes, and licensing authority of the City of Fort Collins, Larimer County and the State of Colorado as may be required. 2.3 Installations and services to be provided by the City of Fort Collins: a. Adequate electrical outlets in the concession space; b. Lighting fixtures for general area illumination; and C. Unmetered electricity in the concession space. Section 2.0: Scope of Work 2.1 Bac round continued OPTION 2 Full Service Vending - Coca-Cola will provide professional, uniformed personnel to fill vending machines in a timely manner. Full Service Vending consists of the following: SERVICE -All stocking of equipment •Installation of current state of the art equipment -Space to sales allocation of brands -All drivers are equipped with paging device for immediate response ACCOUNTABILITY -Sales tracking systems (see monthly reporting as reported to customer below) -Random machine auditing -Secured locking system Coca-Cola will pay 45% commission on cash collected less applicable tax. Commission check will be paid monthly, and will be accompanied by a statement reflecting sales by vendor. Coca-Cola will service vendors on Monday's, Wednesday's and Friday's of each week. Commission Draft Report Sample COG -CALK ENTERPRISES 11/09/99 30( 19 -- FULL SERVICE STATEMRNT -- PAGE 16 --,� , - — - - - - ---- L DENVER COG -COW STL CO e EL GREELEY SALES C6NTE0. / RESA 157 DRUM, 00 00261-0001 (970) 352-1011 60358022 ROCKY MOUNTAIN HIM SCHCOL ow Amount 1300 M SKRLLON RD Period ending Account numbers of machine or It's location xneR LKlENSIO CASH VEND CASES. C ION COLLECTED RATE EG, E75S029 ►RU T0P1A 771.35 Cash collected from vendor / ROCKY HDUNYIIIN HIGH SCHOOL P 635E026 PONERADE 9 .75 / ROCKY MOUNTAIN HIGH SCHOOL 635E026 CAN 167.25 .75 RY NOUNTAIN HIM 636331 POMERADE ChrrYRRIA _ 421.10 .75 �� Wend rate 363315 64.75 �5 :363317 21rLOVNfR / SCHOOL STUDENT DEETER 3066:65 E 791657 / "DORY MOUNTAIN HIGH 8CH001 ° CONTOUR Number of cases sold N / ROCKY NOUAIN HIM SCHOOL 0 :7575 791654 CONTOUR 997.75 / ROCKY MOUNTAIN XION SCHOOL .690796E NAYA B10.35 .75 / ROCKY MOUNTAIN XIax SCHOOL /^\ Commission earned TOTALS 6,380.65 � � 1• 1