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HomeMy WebLinkAboutVANDELAY VENDING LLC - CONTRACT - RFP - 8576 VENDING SERVICES - HEALTHY VENDING (2)Official Purchasing Document Last updated 3/2018 Page 1 of 8 AMENDMENT #01 SERVICE AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND VANDELAY VENDING LLC This First Amendment (Amendment #01) 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 a Service Agreement for vending services effective October 25, 2017 (the “Agreement”); and WHEREAS, the Service Provider and the City desire to amend the Agreement to add an additional vending location at 281 North College Avenue. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Exhibit A, Scope of Services is replaced in its entirety with the Exhibit A attached hereto and incorporated herein by reference. 2. Exhibit C, Commission Rates is replaced in its entirety with the Exhibit C attached hereto and incorporated herein by reference. 3. This Amendment #01 will be effective as of May 11, 2018. Except as expressly amended by this Amendment #01, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #01, this Amendment #01 shall prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: VANDELAY VENDING LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: F529DB41-BA4D-40F2-B9F7-DB0522C786FC 5/14/2018 Luke Hornburg 5/14/2018 Owner Official Purchasing Document Last updated 3/2018 Page 2 of 8 EXHIBIT A SCOPE OF SERVICES Amendment #01 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. Senior Center located at 1200 Raintree Drive 5. Municipal Office Building located at 215 North Mason Street. 6. Downtown Transit Center (DTC) located at 250 N. Mason Street. 7. 281 North College Avenue Service Provider will also provide frozen yogurt vending machine(s) at the following City facility: 1. Edora Pool Ice Center (EPIC) located at 1801 Riverside. 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 will have public access, excluding 215 North Mason Street. 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. Any changes to the Scope of Services must be agreed upon in a writing signed by both parties. Machine mix and sites are as follows: 1. Northside Aztlan Community Center (NACC) 1. (1) Snack & Beverage Machine – Shall have a minimum of 30 selections. Have the ability to accept Coins, Dollar Bills and Credit Cards. o Snacks:  Calories: Maximum 250 calories per container  Fat: Total Fat not to exceed 35% of calories. Maximum 10% of calories from Saturated Fat and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted nuts, soynuts and seeds exempt. DocuSign Envelope ID: F529DB41-BA4D-40F2-B9F7-DB0522C786FC Official Purchasing Document Last updated 3/2018 Page 3 of 8  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.  Sodium: Not to exceed 250mg. o Beverages:  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.  Calories: Maximum 150 calories per container  Sodium: Not to exceed 250mg. 2. Edora Pool Ice Center (EPIC) 2. (2) Snack & Beverage Machines – Shall have a minimum of 30 selections. Have the ability to accept Coins, Dollar Bills and Credit Cards. o Snacks:  Calories: Maximum 250 calories per container  Fat: Total Fat not to exceed 35% of calories. Maximum 10% of calories from Saturated Fat and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted nuts, soynuts and seeds exempt.  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.  Sodium: Not to exceed 250mg. o Beverages:  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.  Calories: Maximum 150 calories per container  Sodium: Not to exceed 250mg. o Frozen Yogurt:  Yogurt flavors and toppings must be approved by City Representative. 3. Mulberry Pool 3. (1) Snack & Beverage Machine – Shall have a minimum of 30 selections. Have the ability to accept Coins, Dollar Bills and Credit Cards. o Snacks:  Calories: Maximum 250 calories per container  Fat: Total Fat not to exceed 35% of calories. Maximum 10% of calories from Saturated Fat and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted nuts, soynuts and seeds exempt.  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.  Sodium: Not to exceed 250mg. DocuSign Envelope ID: F529DB41-BA4D-40F2-B9F7-DB0522C786FC Official Purchasing Document Last updated 3/2018 Page 4 of 8 o Beverages:  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.  Calories: Maximum 150 calories per container  Sodium: Not to exceed 250mg. 4. Senior Center 4. (1) Snack & Beverage Machine – Shall have a minimum of 30 selections. Have the ability to accept Dollar Bills and Credit Card. o Snacks:  Calories: Maximum 250 calories per container  Fat: Total Fat not to exceed 35% of calories. Maximum 10% of calories from Saturated Fat and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted nuts, soynuts and seeds exempt.  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.  Sodium: Not to exceed 250mg. o Beverages:  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.  Calories: Maximum 150 calories per container  Sodium: Not to exceed 250mg. 5. Municipal Office Building – 215 North Mason Street 5. (1) Snack & Beverage Machine – Shall have a minimum of 30 selections. Have the ability to accept Dollar Bills and Credit Card. o Snacks:  Calories: Maximum 250 calories per container  Fat: Total Fat not to exceed 35% of calories. Maximum 10% of calories from Saturated Fat and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted nuts, soynuts and seeds exempt.  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.  Sodium: Not to exceed 250mg. o Beverages:  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.  Calories: Maximum 150 calories per container  Sodium: Not to exceed 250mg. DocuSign Envelope ID: F529DB41-BA4D-40F2-B9F7-DB0522C786FC Official Purchasing Document Last updated 3/2018 Page 5 of 8 6. Downtown Transit Center 6. (1) Snack & Beverage Machine – Shall have a minimum of 30 selections. Have the ability to accept Dollar Bills and Credit Card. o Snacks:  Calories: Maximum 250 calories per container  Fat: Total Fat not to exceed 35% of calories. Maximum 10% of calories from Saturated Fat and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted nuts, soynuts and seeds exempt.  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.  Sodium: Not to exceed 250mg. o Beverages:  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.  Calories: Maximum 150 calories per container  Sodium: Not to exceed 250mg. 7. 281 North College Avenue (1) Snack & Beverage Machine – Shall have a minimum of 30 selections. Have the ability to accept Coins, Dollar Bills and Credit Cards. o Snacks:  Calories: Maximum 250 calories per container  Fat: Total Fat not to exceed 35% of calories. Maximum 10% of calories from Saturated Fat and 0% Trans Fats or Partially Hydrogenated Fats. Unsalted nuts, soynuts and seeds exempt.  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.  Sodium: Not to exceed 250mg. o Beverages:  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. Calories: Maximum 150 calories per container Sodium: Not to exceed 250mg. C. General Conditions & Specifications 1. 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. DocuSign Envelope ID: F529DB41-BA4D-40F2-B9F7-DB0522C786FC Official Purchasing Document Last updated 3/2018 Page 6 of 8 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. The Service Provider shall furnish the City Representative a description of each make or type of machine proposed to be installed under this Agreement, including a manufacturer’s specification sheet. 5. Each machine must 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 credit cards, coins, 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 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. The 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 and weight or size including pricing. Health labels giving nutritional guidelines should be present to help customers easily identify healthy choices. 11. The 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 off-site storage. 13. Detailed sales reports per machine must accompany each monthly statement and are subject to audit by the City. 14. 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. Net sales are defined as total vended sales, excluding sales tax, minus the costs of goods sold. 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. The cost of goods sold is then subtracted from the total vended sales. 15. City shall provide adequate electrical outlets, lighting fixtures for general area illumination, and unmetered electricity in the vending sites. DocuSign Envelope ID: F529DB41-BA4D-40F2-B9F7-DB0522C786FC Official Purchasing Document Last updated 3/2018 Page 7 of 8 16. If Service Provider cannot produce 100% healthy items the product placement of healthy items should be placed within the vending machine so that they are visible at eye-level. 17. Service Provider will provide at least one (1) educational and sampling event per year to City staff and/or guests of the recreation facilities on healthy snacks. This is to be planned and scheduled working with the City’s Wellness Coordinator and City Representative. DocuSign Envelope ID: F529DB41-BA4D-40F2-B9F7-DB0522C786FC Official Purchasing Document Last updated 3/2018 Page 8 of 8 EXHIBIT C COMMISSION RATES Amendment #01 Site Service Commission Rate Northside Aztlan Community Center (NACC) Beverage & Snack 15% of Net Sales Edora Pool Ice Center (EPIC) Beverage & Snack 15% of Net Sales Edora Pool Ice Center (EPIC) Frozen Yogurt 15% of Gross Sales Mulberry Pool Beverage & Snack 15% of Net Sales Senior Center Beverage & Snack 15% of Net Sales Municipal Office Building (215 N. Mason) Beverage & Snack 0% Downtown Transit Center Beverage & Snack 15% of Net Sales 281 North College Ave. Beverages & Snack 15% of Net Sales Note: Commission Rates to be reviewed after period of six (6) months and adjust if needed and agreed upon by both parties in writing. DocuSign Envelope ID: F529DB41-BA4D-40F2-B9F7-DB0522C786FC