HomeMy WebLinkAboutFRONT RANGE HEALTHY VENDING LLC - CONTRACT - RFP - 7427 VENDING MACHINE SERVICESSERVICES 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 Front Range Healthy Vending, LLC, 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 seven (7)
pages and incorporated herein by this reference.
2. Time of Services Commencement and Completion of Installation. The services
to be performed pursuant to this Agreement shall be fully initiated within forty-five (45) days
following execution of this Agreement. Installation of all machines shall be completed no later
than December 14, 2012. Time is of the essence. Any extensions of the time limit set forth
above must be agreed upon in a writing signed by the parties.
3. Contract Period. This Agreement shall commence November 1, 2012, and shall
continue in full force and effect until October 31, 2013, 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.
4. 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
Services Agreement
7427 Vending Machine Services Page 1 of 18
Machine mix and sites are as follows:
1. Northside Aztlan Community Center (NACC):
(1) SP43OR 4 or 5 - Wide Combo beverage/snack machine — 100% healthy products.
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.
Beverage Requirements:
o Selections: Water, unsweetened tea, 1 % or fat free milk or soymilk, 100% real
fruit juice (max serving 8 oz.); flavored water & sports drinks; 50 calories max per
8 oz. diet soda and other low -calorie drinks.
o Calories: Maximum 150 calories per container
o Sodium: Not to exceed 250mg.
Snack Requirements:
o Calories: Maximum 250 calories per container
o Fat: Maximum 10% calories from fat. Total Fat not to exceed 10%, Saturated Fat
not to exceed 3% and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted
nuts, soynuts and seeds exempt.
o Sugars: Not to exceed 20g. Maximum 35% calories from total sugars (excludes
dried fruit without added sugar and canned fruit in 100% juice) Unsweetened fruit
exempt.
o Sodium: Not to exceed 250mg.
2. Edora Pool Ice Center (EPIC):
(3) SP43OR 4 or 5 - Wide Combo beverage/snack machined —100% healthy products.
No gum or shelled (peanut, sunflower seed, etc.) products.
(1) Coffee Machine
(1) Dollar Bill Changer -separate unit
Shall be in addition to any other machines that have this capacity.
Beverage Requirements:
o Selections: Water, unsweetened tea, 1 % or fat free milk or soymilk, 100% real
fruit juice (max serving 8 oz.); flavored water & sports drinks; 50 calories max per
8 oz. diet soda and other low -calorie drinks.
o Calories: Maximum 150 calories per container
o Sodium: Not to exceed 250mg.
Snack Requirements:
o Calories: Maximum 250 calories per container
o Fat: Maximum 10% calories from fat. Total Fat not to exceed 10%, Saturated Fat
not to exceed 3% and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted
nuts, soynuts and seeds exempt.
o Sugars: Not to exceed 20g. Maximum 35% calories from total sugars (excludes
dried fruit without added sugar and canned fruit in 100% juice) Unsweetened fruit
exempt.
o Sodium: Not to exceed 250mg
Services Agreement
7427 Vending Machine Services Page 10 of 18
3. Mulberry Pool:
(1) SP43OR 4 or 5 - Wide Combo beverage/snack machine —100% healthy products.
No gum or shelled (peanut, sunflower seed, etc.) products.
Beverage Requirements:
o Selections: Water, unsweetened tea, 1 % or fat free milk or soymilk, 100% real
fruit juice (max serving 8 oz.); flavored water & sports drinks; 50 calories max per
8 oz. diet soda and other low -calorie drinks.
o Calories: Maximum 150 calories per container
o Sodium: Not to exceed 250mg.
Snack Requirements:
o Calories: Maximum 250 calories per container
o Fat: Maximum 10% calories from fat. Total Fat not to exceed 10%, Saturated Fat
not to exceed 3% and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted
nuts, soynuts and seeds exempt.
o Sugars: Not to exceed 20g. Maximum 35% calories from total sugars (excludes
dried fruit without added sugar and canned fruit in 100% juice) Unsweetened fruit
exempt.
o Sodium: Not to exceed 250mg
4. Municipal Office Building-215 North Mason Street:
(1) SP43OR 4 or 5 - Wide Combo beverage/snack machine —100% healthy products.
Beverage Requirements:
o Selections: Water, unsweetened tea, 1 % or fat free milk or soymilk, 100% real
fruit juice (max serving 8 oz.); flavored water & sports drinks; 50 calories max per
8 oz. diet soda and other low -calorie drinks.
o Calories: Maximum 150 calories per container
o Sodium: Not to exceed 250mg.
Snack Requirements:
o Calories: Maximum 250 calories per container
o Fat: Maximum 10% calories from fat. Total Fat not to exceed 10%, Saturated Fat
not to exceed 3% and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted
nuts, soynuts and seeds exempt.
o Sugars: Not to exceed 20g. Maximum 35% calories from total sugars (excludes
dried fruit without added sugar and canned fruit in 100% juice) Unsweetened fruit
exempt.
o Sodium: Not to exceed 250mg
Services Agreement
7427 Vending Machine Services Page 11 of 18
5. Downtown Transit Center (DTC):
(1) SP43OR 4 or 5 - Wide Combo beverage/snack machine — 100% healthy products.
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.
Beverage Requirements:
o Selections: Water, unsweetened tea, 1 % or fat free milk or soymilk, 100% real
fruit juice (max serving 8 oz.); flavored water & sports drinks; 50 calories max per
8 oz. diet soda and other low -calorie drinks.
o Calories: Maximum 150 calories per container
o Sodium: Not to exceed 250mg.
Snack Requirements:
o Calories: Maximum 250 calories per container
o Fat: Maximum 10% calories from fat. Total Fat not to exceed 10%, Saturated Fat
not to exceed 3% and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted
nuts, soynuts and seeds exempt.
o Sugars: Not to exceed 20g. Maximum 35% calories from total sugars (excludes
dried fruit without added sugar and canned fruit in 100% juice) Unsweetened fruit
exempt.
o Sodium: Not to exceed 250mg
6. Planning, Development & Transportation (PDT) Building:
(1) SP43OR 4 or 5 - Wide Combo beverage/snack machine — 100% healthy products.
Beverage Requirements:
o Selections: Water, unsweetened tea, 1 % or fat free milk or soymilk, 100% real
fruit juice (max serving 8 oz.); flavored water & sports drinks; 50 calories max per
8 oz. diet soda and other low -calorie drinks.
o Calories: Maximum 150 calories per container
o Sodium: Not to exceed 250mg.
Snack Requirements:
o Calories: Maximum 250 calories per container
o Fat: Maximum 10% calories from fat. Total Fat not to exceed 10%, Saturated Fat
not to exceed 3% and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted
nuts, soynuts and seeds exempt.
o Sugars: Not to exceed 20g. Maximum 35% calories from total sugars (excludes
dried fruit without added sugar and canned fruit in 100% juice) Unsweetened fruit
exempt.
o Sodium: Not to exceed 250mg
Services Agreement
7427 Vending Machine Services Page 12 of 18
7. Senior Center:
(1) SP43OR 4 or 5 - Wide Combo beverage/snack machine —100% healthy products.
No gum or shelled (peanut, sunflower seed, etc.) products.
Beverage Requirements:
o Selections: Water, unsweetened tea, 1 % or fat free milk or soymilk, 100% real
fruit juice (max serving 8 oz.); flavored water & sports drinks; 50 calories max per
8 oz. diet soda and other low -calorie drinks.
o Calories: Maximum 150 calories per container
o Sodium: Not to exceed 250mg.
Snack Requirements:
o Calories: Maximum 250 calories per container
o Fat: Maximum 10% calories from fat. Total Fat not to exceed 10%, Saturated Fat
not to exceed 3% and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted
nuts, soynuts and seeds exempt.
o Sugars: Not to exceed 20g. Maximum 35% calories from total sugars (excludes
dried fruit without added sugar and canned fruit in 100% juice) Unsweetened fruit
exempt.
o Sodium: Not to exceed 250mg
8. Utilities Customer Service:
(1) SP43OR 4 or 5 - Wide Combo beverage/snack machine — 100% healthy products.
Beverage Requirements:
o Selections: Water, unsweetened tea, 1 % or fat free milk or soymilk, 100% real
fruit juice (max serving 8 oz.); flavored water & sports drinks; 50 calories max per
8 oz. diet soda and other low -calorie drinks.
o Calories: Maximum 150 calories per container
o Sodium: Not to exceed 250mg.
Snack Requirements:
o Calories: Maximum 250 calories per container
o Fat: Maximum 10% calories from fat. Total Fat not to exceed 10%, Saturated Fat
not to exceed 3% and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted
nuts, soynuts and seeds exempt.
o Sugars: Not to exceed 20g. Maximum 35% calories from total sugars (excludes
dried fruit without added sugar and canned fruit in 100% juice) Unsweetened fruit
exempt.
o Sodium: Not to exceed 250mg
C. General Conditions & Specifications
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.
Services Agreement
7427 Vending Machine Services Page 13 of 18
2. 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.
3. All machines must be new or refurbished to like new condition.
4. 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.
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. Credit card capability will be available at EPIC and if high demand warrants
adding to other areas that will be mutually agreed by both parties in writing.
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
Service Provider due to the above shall not be considered in determining gross
revenues.
8. Name of the Service Provider, contact information and customer refund procedures must
be prominently displayed on each machine. Refund procedures must be approved by
the City Representative.
9. Service Provider 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 including pricing.
11. 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 weekends, with City
Representative as required.
12. Storage is not available at vending locations. Service Provider must provide for storage.
13. For the first six (6) calendar months of this contract, any prices changes will be mutually
agreed upon for any item. Any changes after that period in brands 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
Services Agreement
7427 Vending Machine Services Page 14 of 18
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.
17. Service Provider will provide at least three (3) educational and sampling events per year
to City staff on healthy snacks. To be planned and scheduled working with the City's
Wellness Coordinator and City Representative.
18. Service Provider will provide at least four (4) educational and sampling public events per
year at City recreational facilities to citizens on healthy snacks. To be planned and
scheduled working with the City Representative.
19. Service Provider will work with CanDo and the City of Fort Collins to be a pilot program
and share data on healthy vending machines that could be used for grants and other
performance indicators.
Services Agreement
7427 Vending Machine Services Page 15 of 18
EXHIBIT "B"
SUPPLEMENTARY CONDITIONS
1. Access to City Facilities.
City Representative shall coordinate providing Service Provider with access cards or
keys for entrance to each site, as needed.
Prior to beginning work under this Agreement, the Service Provider must obtain
clearance from Fort Collins Police Services for any person who needs access to City
facilities to perform the Service Provider'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 Service Provider 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 Service Provider 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 Service Provider 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 Service Provider or who no longer
work in City facilities shall be immediately returned to the City Representative. Any
employee or representative of the Service Provider in a City facility without a properly
displayed identification card is subject to immediate eviction from the facility.
The Service Provider 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 Service Provider. The Service Provider 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 Service Provider will assign a member of their staff to be responsible for locking al
exterior doors, when after hours, upon completion of their work each day. Only Service
Provider employees assigned to the building are authorized in the building.
Services Agreement
7427 Vending Machine Services Page 16 of 18
EXHIBIT "C"
IMISSION RATES
Site:
Service
Commission Rate
Northside Aztlan Community
Beverage & Snack
0-20 vends/day @ 0%
Center (NACC)
2140 vends/per day @5%
41-60 vends/per day @10%
61-80 vends/per day @15%
81-100 vends/day @20%
100+ vends/day @25%
Edora Pool Ice Center (EPIC)
Beverage & Snack
0-20 vends/day @ 0%
21-40 vends/per day @5%
41-60 vends/per day @10%
61-80 vends/per day @15%
81-100 vends/day @20%
100+ vends/day@25%
Edora Pool Ice Center(EPIC)
Coffee
0%
Mulberry Pool
Beverage & Snack
0-20 vends/day @ 0%
21-40 vends/per day @5%
41-60 vends/per day @10%
61-80 vends/per day @15%
81-100 vends/day @20%
100+ vends/day @25%
Senior Center
Beverage & Snack
0-20 vends/day @ 0%
2140 vends/per day @5%
41-60 vends/per day @10%
61-80 vends/per day @15%
81-100 vends/day @20%
100+ vends/day @25%
Municipal Office Building
Beverage & Snack
0%
215 N. Mason
Downtown Transit Center
Beverage & Snack
0-20 vends/day @ 0%
21-40 vends/per day @5%
41-60 vends/per day @10%
61-80 vends/per day @15%
81-100 vends/day @20%
100+ vends/day @25%
Utilities Customer Service &
Beverage & Snack
0%
PDT Building
Note: Commission Rates to be reviewed after period of six (6) months and adjust if needed and
agreed upon by both parties in writing.
Services Agreement
7427 Vending Machine Services Page 17 of 18
EXHIBIT "D"
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.
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.
Services Agreement
7427 Vending Machine Services Page 18 of 18
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDIYYYY)
10130/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. '
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement Astatement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
PHONE 970-484.1401 FAX .970-484-1453
Western Insurance Services
E-MAa . d abl valle bankne.com
1520 E Mulberry Ste 170
INSURERS AFFORDING COVERAGE..
NAIC*
Ft Collins, CO 80524
IN5URERA, Hartford
Gering NE 69341
INSURED
jNSURER B'
INSUEgE c:
Front Range Healthy Vending
INSURER
887 Blue Heron
Fort Collins CO 80524 -
INSURER F :
COVFRAGF-q CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTI IER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDLSUBR
POLICY NUMBER
POLICY
YYYY
PFF POLICY EXP
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS.MADE Fx-1 OCCUR
X
91SBABT1658
0510812012
0510812013
EACH OCCURRENCE
$1 00U 000
DAMAGE TO RENTED
169 U99
_
IVIED EXP An ooe .
$5000
PERSONAL B AOV INJURY
$108000
GENERALAGGREGATE
s2009000
GEN'L AGGREGATE
POLICY
LIMIT APPLIES
PRO
PER.
LOC
PRODUCTS - COMPIOP AGG
s2009000
S
AUTOMOBILE LIABILITY
ANY AUTO
X ALL OWNED SCHEDULED
NONOWNED
HIRED AUTOS glJiOR
X
91UEGAP4270
11-14.2012
11-14-2013
COMBINED SINGLE LIMIT
1000,000
BODILY INJURY(Per. person)
$
BODILY INJURY(Per accident)
$
PROPERTY DAMAGE
$
S
UMBRELLA UAB
EXCESS UAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
S
AGGREGATE
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DES I I RETEWI ry
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WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRIETOWPARTNEWEXECUTIVE[:]
OFFICEPoMEMBER EXCLUDED?
(Mandatory In NH)
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DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Anach ACORD 101, Additional RemaMs Schedule, If more space is required)
Certificate Holder Is Listed as Additional Insured
CERTIFICATE HOLDER CANCELLATION
City of Fort Collins
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attention Purchasing Department
ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 580
Ft. Collins, CO 80522
PRIZED REPRESENTATIV"�
l� 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
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.
5. 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:
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Front Range Healthy Vending,
Attn: Purchasing
Attn: Bob Adams
LLC
PO Box 580
PO Box 580
Attn: Pete Mathis
Fort Collins, CO 80522
Fort Collins, CO 80522
887 Blue Heron Lane
Fort Collins, CO 80524
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
6. Contract Sum. The Service Provider shall pay the City for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "C",
consisting of two (2) pages and incorporated herein by this reference.
7. 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.
Services Agreement
7427 Vending Machine Services Page 2 of 18
8. 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.
9. 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.
10. 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.
11. 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 workmanshiptworkwomanship 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
Services Agreement
7427 Vending Machine Services Page 3 of 18
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.
12. 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.
13. 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.
14. 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.
15. 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.
Services Agreement
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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 D,
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.
16. 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.
17. 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.
18. 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 a -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
Services Agreement
7427 Vending Machine Services Page 5 of 18
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.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
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.
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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, C.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.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "B", consisting of one (1) page,
attached hereto and incorporated herein by this reference.
Services Agreement
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
c
By:
Jame B. 'Neill II, CPPO, FNIGP
Direct r f Purchasing and Risk Management
Date: f' O
FRONT RANGE HEALTHY VENDING, LLC
By j
PRINT NAME
O L'i vt e-r-- ZT-
TITLE
Date: , V o 1/ z f 2 o 1 2
Services Agreement
7427 Vending Machine Services Page 8 of 18
EXHIBIT "A"
SCOPE OF SERVICES
A. Background
Service provider will provide beverage, snack, and limited change vending machine services at
the following City facilities:
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. Municipal Office Building located at 215 North Mason Street.
5. Downtown Transit Center (DTC) located at 250 N. Mason Street.
6. Planning, Development & Transportation (PDT) Building located at 281 N. College
Avenue
7. Senior Center located at 1200 Raintree Drive
8. Utilities Customer Service at 117 North 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. All machines, except those at the
Municipal Office Building and Planning, Development & Transportation (PDT) Building, will have
public access. A commission rate is to be paid monthly to the appropriate City department on
cash collected less applicable taxes.
B. Scope of Services
The Service Provider shall provide beverage, snack, and limited change vending machine
services at the location specified by the City. 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.
All products must be approved by the City Representative. However, the Service Provider will
be allowed to make reasonable adjustments in product offering to provide maximum service in
keeping with good business practice and goals of the City.
City Representative will review products with City's Nutrition Team, City's Recreation
Department and CanDo Organization. CanDo is a coalition of community members and
organizations working to improve the health of Fort Collins and Loveland area residents by
increasing opportunities for physical activity and healthy eating to reduce and prevent obesity. I
promotes individual wellness along with wellness in schools, worksites and community
organizations. CanDo also coordinates the LiveWell Colorado initiatives in the cities of Fort
Collins and Loveland.
Any changes to the Scope of Services must be agreed upon in a writing signed by both parties.
Services Agreement
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