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HomeMy WebLinkAbout03-361 Resolution No. 03-361 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH FOUNTAIN FRESH COFFEE AND VENDING, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Fountain Fresh Coffee and Vending, Inc . for vending machines in city buildings, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 17, 2003 Adopted: December 17, 2003 Omnibus Vote : Yeas 6 Nays : 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk . • CITY OF ELGIN, ILLINOIS, AGREEMENT FOR RFP #03-105 for Vending Machine Service This Agreement is made and entered into this 19j day of -Q. Cr ,2003,by and between the City of Elgin("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and 1-0 u r'7 t ti✓N Svc b-.,( U0.(,i ncorporated in the state of I1(A kNp k and having a principal place of business at $ v-- ("the CONTRACTOR"). 464 Th E(S+r ( L. ( O i 9- 4-- ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Request for Proposals(RFP)including all documents referenced therein and the Contractor's Proposal response(Proposal)thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents,the Proposal documents shall supersede this Agreement. ARTICLE II. DURATION. The CONTRACT term shall be from December 1,2003,through November 30,2004, with 4 one-year options to renew. ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to,the following: (I) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR'S reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR'S reasonable control,(iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY,(iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT,including,but not limited to the Affirmative Action requirements,and(vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen(14) days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the CITY may keep for its own the whole or any part of the amount for expenses, losses, and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure,omission,or mistake of the CONTRACTOR in providing goods or services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances,such clause shall be void(the remainder of the contract shall not be affected)and the laws or ordinances shall • be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex,ancestry,national origin,place of birth,age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal-Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment,screening,referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. `,c(OF 6.4 it 4%1 t City of Elgin Agenda Item No. - ^� uric .• a November 28, 2003gI ; a I ;WS' IFS, NN�u�N, i TO: Mayor and Members of the CityFINANCIALLY Council LY STABLE CITY GOVERNMENTEFFICIENT SERVICES. ANDOJAUTY INFRASTRUCTURE FROM: David M. Dorgan, City Manager fj (11/ SUBJECT: RFP #03-105, Vending Machine Services PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for placement of vending machines in various City buildings . BACKGROUND Specifications were prepared to solicit proposals for the placement of vending machines at 151 Douglas Ave and 1900 Holmes Road. The Police Department currently has several vending machines which were placed in the facility over a number of years on an informal basis . Public Works does not have any vending machines at its new location. The specifications requested competitive pricing on high quality, nationally recognized beverages and snack products . In order to encourage the most competitive pricing for employees, the City will not be receiving a percentage of the sales revenue. The City is asking the vending service company to provide sales reports twice a year, including the volume of different items sold and the revenue generated. RFPs were sent to nine vendors and an advertisement was placed in the November 4, 2003 "Courier News . " Two proposals, from Fountain Fresh and Ace Coffee Bar, were received and reviewed by Public Works and Police. The proposals were generally similar in experience and services, with Fountain Fresh' s prices a little lower. Therefore, the recommendation is to award a one year contract with four (4 ) one year options to renew to Fountain Fresh. r Vending Machine Services r November 28, 2003 Page 2 GROUPS/INTERESTED PERSONS CONTACTED None. (!)IL7. FINANCIAL IMPACT There is no financial impact to the City. MNone. LEGAL IMPACT ALTERNATIVES 1 . Award the contract as recommended to Fountain Fresh. 2 . Award the contract to Ace Coffee Bar for a slightly higher charge to employees for snack food. .. RECOMMENDATION It is recommended that the City Council approve award of a one year contract, with four . (4 ) one year options to renew, at the City' s discretion, to Fountain Fresh. Respectfully submitted for Council consideration. GAC Attachment r ? 1 ''1 ) • RFP FOR VENDING MACHINE SERVICES TABULATION OF BIDS ACE COFFEE BAR INC FOUNTAIN FRESH COFFEE CITY OF ELGIN 30W626 US HWY 20 634 SCHNEIDER DRIVE ELGIN IL 60120 SOUTH ELGIN IL 60177 RFP: 03-105 Date of Opening: 11/14/03 Department: CITYWIDE Item Size/Container Sales Price Sales Price Cold Soft Drinks 12 oz can $ .65 $ .50 Cold Soft Drinks 20 oz bottle $ 1.00 $ 1.00 Cold Juices 16 oz bottle $ 1.25 $ 1.25 Chips, Pretzels ("Big Grab" 1.5 to 2.5 oz bag $ .50/.75 $ .60 Cookies 2.0 oz bag $ .65 $ .60 Cookies 4.0 oz package of 2 $ .65 $ .65 Crackers 1.0 oz package of 6 $ .35 $ .55 Pastries package of 1 $ .75 $ .60 Candy Bar 1.4 to 2.0 oz $ .65 $ :55 Candy Bar "King Size"2.5 to 3.0 oz $ - $ .75- 1.00 Candy 1.6 to 2.0 oz box $ - $ .55 Fruit(apple, orange, banana) $ .50 $ .50 Sandwich(ham or turkey) $.50-2.00 $ 1.25 Gum 5 stick package $ .50 $ .40