03-361 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. -
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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