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HomeMy WebLinkAboutVANDELAY VENDING LLC - CONTRACT - RFP - 8576 VENDING SERVICES - HEALTHY VENDINGOfficial Purchasing Document Last updated 3/2018 Page 1 of 3 AMENDMENT #2 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND VANDELAY VENDING LLC This Second Amendment (Amendment #2) is entered into by and between the CITY OF FORT COLLINS (the “City”) and VANDELAY VENDING LLC (the “Service Provider”). WHEREAS, the Service Provider and the City entered into an Agreement effective October 25, 2017 (the “Agreement”); and WHEREAS, the parties initiated Amendment #1 to the Agreement to add an additional vending location at 281 North College Avenue with an effective date of May 11, 2018; and WHEREAS, Service Provider and the City desire to amend the Agreement to replace Exhibit B, Supplementary Conditions to extend the Service Provider’s hours to access EPIC. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Exhibit B, Supplementary Conditions is replaced in its entirety with the Exhibit B attached hereto and incorporated herein by reference. 2. This Amendment will be effective as of November 28, 2018. Except as expressly amended by this Amendment #2, all other terms and conditions of the Agreement as previously amended by Amendment #1 shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement as amended and this Amendment #2, this Amendment #2 shall prevail. IN WITNESS WHEREOF, the parties have executed this Second Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: VANDELAY VENDING LLC By: Printed: Title: Date: DocuSign Envelope ID: 3FDC9123-D6DA-4036-8599-C55797A037C7 Luke Hornburg Owner 12/4/2018 12/5/2018 Official Purchasing Document Last updated 3/2018 Page 2 of 3 EXHIBIT B SUPPLEMENTARY CONDITIONS Amendment #2 1. Service Provider Personnel The selected Service Provider shall control the conduct and demeanor of its employees servicing the City. The Service Provider agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form of which shall be subject to prior and continuing approval of the City. a. The Service Provider agrees to provide to the City at all times a current list of employees that will be providing services to the City under this Agreement. The Service Provider and the City acknowledge and agree that certain services provided by the Service Provider will require that employees of Service Provider act in positions of trust which will entail the handling of and accounting for funds of the City, or direct contact with youth and other members of the general public. Accordingly, Service Provider agrees that all employees shall be background screened, at Service Provider’s expense. b. In the event that a background check, or any other information available to the Service Provider or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed in connection with the services or activities required or permitted under this Agreement. c. Upon receipt of written notice from the City of any reasonable objection from the City concerning trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, or concerning conduct, demeanor or competence of any employee of Service Provider the Service Provider shall immediately take all lawful steps to remove or otherwise address to the City's reasonable satisfaction the cause of the objection or to remove such individual from the performance of any services provided hereunder. d. The following constitute unacceptable personal conduct that the parties acknowledge and agree shall be subject to reasonable objection by the City. The parties acknowledge that other conduct not listed in this provision may be determined by the City to be reasonably expected to impair the Service Provider's ability to provide satisfactory services under this Agreement, and may also give rise to a reasonable objection by the City to which Service Provider shall be expected to respond as set forth herein. In the event that the Service Provider or any of its employees commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct by any person providing services hereunder, the City may terminate the Agreement. a) Theft or misuse of money or property; b) Commission or conviction of a felony or of any crime involving moral turpitude; c) Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability; DocuSign Envelope ID: 3FDC9123-D6DA-4036-8599-C55797A037C7 Official Purchasing Document Last updated 3/2018 Page 3 of 3 d) Falsification, unauthorized use or destruction of City property; e) Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; f) Insubordination or refusal to comply with directives or assignments; g) Using, consuming, possessing, having in the body, or distributing alcohol or controlled substances during working time; h) Incompetence, inattention to duties or wastefulness while on the job; i) Failure to meet performance expectations of job or not performing duties or functions assigned; j) Engaging in personal business while on the job or engaging in outside employment which interferes with job performance. 2. Hours of Operation All services performed hereunder shall be during normal business hours at the following facilities: 1. Northside Aztlan Community Center (NACC) located at 112 East Willow. 2. Mulberry Pool located at 424 West Mulberry Street. 3. Senior Center located at 1200 Raintree Drive 4. Municipal Office Building located at 215 North Mason Street. 5. Downtown Transit Center (DTC) located at 250 N. Mason Street. 6. 281 North College Avenue For Edora Pool Ice Center (EPIC) located at 1801 Riverside, Service Provider shall perform all services hereunder beginning at 4:00AM, through normal business hours. Entry prior to the start of normal business hours shall be with the use of a City-issued fob. The key fob shall be used solely in connection with the work duties pursuant to the Agreement and shall not be provided to any other person. The Service Provider shall immediately notify the City if the key fob is lost and the Service Provider shall not make any copies of the key fob. The Service Provider shall promptly return the key fob to the City upon the City’s request or upon termination of the Agreement. DocuSign Envelope ID: 3FDC9123-D6DA-4036-8599-C55797A037C7 WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 December 4, 2018 CITY OF FORT COLLINS 215 N MASON ST FORT COLLINS CO 80524 Account Information: Policy Holder Details : VANDELAY VENDING LLC Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (866) 467-8730 Fax: (888) 443-6112 Email: agency.services@thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team DocuSign Envelope ID: 3FDC9123-D6DA-4036-8599-C55797A037C7 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/04/2018 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 SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NUTMEG INSURANCE AGENCY INC/PHS 02025657 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO, TX 78265 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): (888) 443-6112 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED VANDELAY VENDING LLC 5006 WHITEWOOD CT FORT COLLINS CO 80528-8525 INSURER A : The Sentinel Insurance Company 11000 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES 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 OTHER 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A COMMERCIAL GENERAL LIABILITY 02 SBA IA0617 10/26/2018 10/26/2019 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 X General Liability MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 OTHER 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 ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. WILL H DELMAR (16567) 428 N. GARFIELD AVE LOVELAND, CO 80537-0000 970-667-2807 WILL.DELMAR@COUNTRYFINANCIAL.COM 970-669-2560 A AB9250661 12/4/2018 10/26/2019 ✔ 1,000,000 5532305 ✔ ADDITIONAL INSURED(S): CITY OF FORT COLLINS PO BOX 580 FORT COLLINS, CO 80522 10/26/2018 COUNTRY Mutual Insurance Company CITY OF FORT COLLINS PO BOX 580 FORT COLLINS, CO 80522 WILL H DELMAR VANDELAY VENDING LLC 5006 WHITEWOOD CT FORT COLLINS, CO 80528 ✔ 20990 ✔ DocuSign Envelope ID: 3FDC9123-D6DA-4036-8599-C55797A037C7 POLICY PRO- JECT X LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY 02 SBA IA0617 10/26/2018 10/26/2019 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A EMPLOYMENT PRACTICES LIABILITY 02 SBA IA0617 10/26/2018 10/26/2019 Each Claim Limit Aggregate Limit $10,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION CITY OF FORT COLLINS 215 N MASON ST FORT COLLINS CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE DocuSign Envelope ID: 3FDC9123-D6DA-4036-8599-C55797A037C7