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HomeMy WebLinkAboutCHANGE ORDER - RFP - P1063 BEVERAGE VENDING MACHINES PARKSCCE Atlanta 6/15/2010 12:27:07.PM PAGE 3/008 Fax Server i February 5, 2010 Coca-Cola Bottling of Greeley Attn: Mr. Matthew Meagher 15200 71" Avenue Greeley, CO 80631 RE: Renewal, P1063 Vending Machine - Beverage - Parks Dear Mr. Meagher: f inanoiat Services Purchasing Division 215 North Mason Street 2nd Floor PO Box 580 Fort Collins, CO 86522 9711.221.6775 97€}.221.6707 - fax fcgay.com/Purchasi jr)g The City of Fort Collins wishes to extend the agreement terra for the above captioned proposal per the existing terms and conditions and the attached revised Exhibits A — Scope of Services and B — Price°and Commission Schedule, which include deleting snack bar soft drink bottle and fountain products and services and adding the following. The City of Port Collins has discontinued internal operation of the snack bars at both the EPIC and City Park Pool facilities, and is in the process of outsourcing. 1.) Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement, 1 _ Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) G.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or [department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Rev 07108 CCE Atlanta 6/15/2010 12:27:07 PM PAGE 4/008 Fax Server 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 Service Provider 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. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, G.R.S. . g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 2.) Amendment 54 To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. The term will be extended for one (1) additional year, April 10, 2010 through April 9, 2011. If the renewal is acceptable to your firm please sign this letter in the space provided include a current copy of insurance naming the City as an additional insured and return all documents to the City of Fort Collins, Purchasing Division, P, O. Box 580, Fort Collins, CO 80522, within the next fifteen days. If this extension is not agreeable with your firm, we ask that you send us a written notice stating that you do not wish to renew the contract and state the reason for non -renewal, Rev 07108 CCE Atlanta 6/15/2010 12:27:07 PM PAGE 5/008 Fax Server Please contact David M. Carey, CPPB, Buyer at (970) 416-2191 if you have any questions regarding this matter_ ely, . f� 6Y am B. SiO' . ill II, CPPO,.FNIGP Apr of Ppr i�siing and Risk Management OV Sigi Date (Please indicate your desire to renew P1063 by signing this letter and returning it to Purchasing Division within the next fifteen days.) JBO:jkb Rev OW08 CCE Atfanta 6/15/2010 12:27:07 PM PAGE 6/008 Fax Server EXHIBIT A Scope of Services P1063 Vending Machine and Beverage Services -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. Commission on cash collected, less any applicable taxes, to be paid monthly to the appropriate City department. Any changes in contract terms shall be negotiated by and agreed to in writing by both parties. Authorized food/merchandise vendors for special events, including tournaments, will be allowed to self bottled beverages at the option of the City. 2. Sites —Vending Machines Anticipated current year sites and machine mix are as follows: a. Gardens on Spring Creek Horticulture Facility, 2145 S. Centre Ave. Soft drinklwater machine — 20oz plastic bottles b. Lincoln Center (City's cultural arts center), 417 W. Magnolia Soft drink/water machine — 20oz plastic bottles 3. Service Provider Requirements — Vending Machines 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. CCE Atlanta 6/15/2010 12:27:07 PM PAGE 7/008 Fax Server 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 an 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 by the required due date. 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. 4. City Requirements — Vending Machines 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. CCE Atlanta 6/15/2010 12:27:07 PM PAGE 8/008 Fax.Server EXHIBIT B Price and Commission Schedule P1063 Vending Machine and Beverage Services -Parks 1. Vending Machines -Beverage Product Vend Price Commission Carbonated Soft Drinks, 20oz. Plastic Bottles $1.25 *30% Dasani Water, 20oz. Plastic Bottles $1.25 *30% Powerade Sports Drinks, 20oz_ Plastic Bottles $1.50 *30% Energy Drinks, 16oz. Plastic Bottles $2.00 *15% 'Commission rates are less any applicable taxes.