CM-10-03-067CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF "VENDING MACHINE SERVICES"
FROM COMPASS GROUP USA, INC., d/b/a CANTEEN VENDING SERVICES
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of vending machine services, referred to herein as the
"Agreement," is made and entered into on this the 9tt day of the month of rYtardil
2010, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose
offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the
"City," and COMPASS GROUP USA, INC. d/b/a CANTEEN VENDING SERVICES, whose
offices are located at 2400 Yorkmont, Road, Charlotte, NC 28217, referred to herein as the
"Vendor." This Agreement supersedes and replaces any previous agreements between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase vending machine services necessary to provide
coffee, tea, sodas, snacks, chips, candy bars and other similar products in accordance with the
attached Request for Production, and City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Request for Proposal" for the provision of said goods,
and City has selected the proposal submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Request for Proposal designated RFP 10-001,
Specification Number 08-961-15-01 revised September 2009; (b) Vendor's Response to RFP;
(c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in
the following order:
O;\wdox\SCClntslOI 17I10031CONTRACT100184398.DOChn 1
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(1) This Agreement;
(2) Purchaser's Response to RFP;
(3) City's Request for Proposal, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Compass Group USA, Inc., d/b/a Canteen Vending Services or
any of its successors or assigns.'
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
terns stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for a twelve-month period from the effective
date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12)
months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur
on or before the expiration date of the preceding term, and with such renewals being absolutely
predicated upon the express written agreement of both parties. Such renewals are permitted only
provided Vendor has performed each and every contractual obligation specified in this original
Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result f a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
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D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or inay elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in RFP
10-001, Specification Number 08-961-15-01 revised September 2009, and Response to RFP
submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for
all purposes. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the RFP and as offered by Vendor in its Response to
the RFP.
The goods which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All proposal items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Proposal costs listed in 5.01 shall be the basis of any charges collected by Vendor.
Product
Initial Unit Selling Price
Candy
$0.55
Large Candy
$1,00
Healthy Snacks
$0.70
Large Snacks
$0.70
Crackers
$0.50
Canned Beverages
$0.50
Bottled Beverages
$0.95
20oz. Bottled Water
$0.85
Isotones (Gatorade, Propel, etc.)
$1.50
Juice
$1.25
Energy Drinks
$2.00
Fresh Pastry
$0.85
Fresh Food
$2.00
Vendor shall provide its vending services on a profit and loss basis, whereby Vendor shall retain
all income derived and bear all costs of operation resulting from the provision of such services.
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The Prices are based, in part, on assumptions regarding population, hours of operation, other
conditions on the Premises, labor costs, product costs, fuel costs, Federal, state, and local tax
structure, and any other levy or tax that impacts Vendor's services ("Factors"). If there are changes in
such Factors and upon receiving prior written approval from the City, which approval shall not be
unreasonably withheld, Vendor may modify the Prices in a manner proportionate to such changes.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's proposal, with the consent and agreement of the
successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the
vendor from lack of exception to this clause in the vendor's response. However, all parties
hereby expressly agree that the City of Round Rock is not an agent of, partner to, or
representative of those outside agencies or entities and that the City of Round Rock is not
obligated or liable for any action or debts that may arise out of such independently -negotiated
"piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
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9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C,A., Texas Governrnent Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
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13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Request for Proposal No. 10-
001 (including all attachments and exhibits), and its RFP response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Randy Barker
Purchasing Supervisor
221 East Main Street
Round Rock, Texas 78664
512-218-3295
rbarker@round-rock.tx.us
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perforin. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future proposals for the same type of work unless the scope of work is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
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17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor after ten (10) day cure period
if such default is left uncured.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the negligent acts or
omissions of Vendor. Nothing herein shall be deemed to limit the rights of City or Vendor
(including, but not limited to the right to seek contribution) against any third party who inay be
liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
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20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party
which cannot be unreasonably withheld.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Compass Group USA, Inc., d/b/a Canteen Vending Services
John Christian, Division President
4301 Beltwood Parkway North
Dallas, TX 75244
Copy of Notice To:
General Counsel and Secretary
2400 Yorkmont Road
Charlotte, North Carolina 28217
Facsimile: 704-328-7998
AND TO:
Attn: President
2400 Yorkmont Road
Charlotte, North Carolina 28217
Facsimile: 704-4245037
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
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22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas, This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
such void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined to
be void.
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26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed N
Title:
Date Signed:
Attest:
amenR111 .P .
By:
aC 0
Sara L. White, City Secretary
For City, Approved as to Form:
By:- ;f1114A
Stephai\ L. Sheets, City Attorney
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Compass Group USA, Inc. d/b/a
Canteen Vending Services
By:
Printed Nanie:
Title:
John Christian
Division President
Date Signed: 03/11/2010
CITY OF ROUND ROCK
REQUEST FOR PROPOSAL
VENDING SERVICES
PART 1
GENERAL
RFP 10-001
08-961-15-01
REVISED: Sept. 2009
1. PURPOSE: The City seeks to contract with a qualified proposer for provision of equipment, goods, and
services necessary to provide Vending Services for coffee, tea, hot chocolate, sodas (carbonated/non-
carbonated beverages), snacks (including healthy snack alternatives), chips, candy bars, gum, and drinking
water to all City of Round Rock bulldings/locatIons Identified on the Request for Proposal.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the speciiication and bid
document:
2.1. Proposer identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the goods, equipment or services.
2.2. City -- identifies the City of Round Rock, Travis and Williamson County, Texas.
2.3. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2,4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or
purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Bidder,
becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to accept the Goods or Services for an
agreed upon price. •
2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a
Vendor if such goods, equipment, labor, and/or services are procured or used In fulfillment of the
Vendor's obligations arising from a contract with the City.
3, CLARIFICATION: For clarification of specifications, bidders may contact:
Brenda Fuller
Buyer II
City of Round Rock
Telephone: 512.218.5456
The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No
authority Is intended or implied that specifications may be amended or alterations accepted prior to bid opening
without written approval of the City of Round Rock through the Purchasing Division,
4. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code
(House Bill 914) requires that any vendor or person considering doing business with a local government
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local government entity. The Conflict of Interest Questionnaire form is available from the Texas Ethlcs
Commission at www.ethlcs.state.tx.us,. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. if mailing a completed form, ptease mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
4.1. Any attempt to Intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result In the disqualification of the vendor's proposal.
Page 1 of 6
RFP 10-001
08-981-15-01
REVISED: Sept. 2009
PART it
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Proposer shall provide all labor and goods necessary to perform the service. The Proposer
shall employee all personnel for work In accordance with the requirements set forth by the United States
Department of Labor.
2. BEST VALUE EVALUATION: All bids received shall be evaluated based on the Best Value for the City. In
determining Best Value, the City may consider:
2.1 The Purchase price ;
2.2 Reputation of the bidder and of bidder's goods and services;
2.3 The quality of the bidder's goods or services;
2.4 The extent to which the goods or services meet the City's needs;
2.6 Bidder's past relationship with the City;
2.6 The total long-term cost to the Municipality to acquire the bidder's goods or services; and
2.7 Any relevant criteria specifically listed in the solicitation.
3. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Proposer to the City
Official or Employee evaluating or considering the bids prior to the time a bid decision has been made.
Communication between Proposer and the City will be initiated by the appropriate City Official or Employee
in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid.
Ex parte communication may be grounds for disqualifying the offending Proposer from consideration or
award of the bid then in evaluation, or any future bid.
4. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12
month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or unfit terminated or extended as provided herein. The City reserves
the right to:
4.1. Renew Agreement for two (2) additional periods of time not to exceed twelve (12) months for each
renewal provided both parties agree.
4.2. Review the following at the end of each twelve-month review period or renewal:
4.2.1. Vendor performance;
4.2.2. Price;
4.2.3. Continuing need;
4.2.4. Advancements In technologies and/or service
4.3. The City may terminate the Agreement with or without cause or may continue through the next
twelve-month review or renewal period.
6. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of
each twelve month contract period and to cancel all or part of the Agreement (without penalty) or continue
the contract through the next period,
6. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may effect such
termination by giving Vendor a written notice of termination at the end of its then current fiscal year.
7. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days
prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to
cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability
that has occurred prior to cancellation.
NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the
vendor to be non.compltant with contractual obligations.
8. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes
the City to purchase the services elsewhere may be charged the difference in service if any and shall not be
considered in the re -advertisement of the service and may not be considered in future bids for the same type
of work unless the scope of work Is significantly changed.
Page 2 of 6
RFP 10-001
OB -961-15.01
REVISED: Sept. 2009
9, COMPLIANCE WITH LAWS: The successful proposer shall comply with all federal, state, and local Taws,
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies
or tribunals In any matter affecting the performance of the resulting agreement, including without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of
its compliance.
10. CODES, PERMITS AND LICENSES: The successful proposer shall comply with all National, State and
Local standards, codes and ordinances and the terms and conditions of the services of the City of Round
Rock, Texas, as well as other authorities that have jurisdiction pertaining to equipment and materials used
and their application. None of the terms or provisions of the specification shall be construed as waiving any
rules, regulations or requirements of these authorities. The successful proposer shall be responsible for
obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round
Rock fees and costs will be waived).
11. INDEMNITY: Vendor shalt Indemnify, save harmless and defend the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting
agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants
and employees.
12. jtNSU,RANCE;. The successful Proposer shall meet or exceed ALL insurance requirements set forth by the
City as identified in Attachment A to the specifications. Any additional insurance requirements of
participating or cooperative parties will be Included as subsequent Attachments and shall require mandatory
compliance.
13. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At
the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
14. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County, State of Texas.
15. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an
employee of the City. The Contractor shall no( be within protection or coverage of the City's Worker'
Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time
to time may have in force and effect.
16. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities within the State of Texas may be
extended the opportunity to purchase off of the City of Round Rock's proposal, with the consent and agreement of
the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively inferred
from lack of exception to this clause In vendor's response. However, all parties Indicate their understanding and
all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of
those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts
that may arise out of such independently-negoliated «piggyback" procurements.
Page 3 of 6
RFP 10-001
08-961-18.01
REVISED: Sept. 2009
PART 111
SPECIFICATIONS
1. SCOPE: This specification describes a service to provide Vending Services to ail City Buildings/Locations.
it is the intent to provide a wide selection of vending services to include but not limited to, coffee, tea, hot
chocolate, sodas (carbonated and non -carbonated drinks), snacks (including healthy snack alternatives),
chips, candy bars, gum and drinking water. The City may award contracts to more than one vendor.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance,
as well as certain details to which the successful proposer shall conform.
3. SITE VISITS: The City and/or their representatives will have the right to visit and Inspect the proposer's
facility any reasonable time prior to award and/or to conduct unannounced visits during the performance of
the service.
4. PROPOSER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of
such proposer as qualified and responsible. AiI proposers shall:
4.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or provision of the services as specified herein.
4.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
4.3 Provide references to include the name, address, telephone number and point of contract of at least
three entities for which the bidder has performed similar service. Any negative responses received
may result In disqualification of bid.
4.4 identify any subcontractors to be used for this project. Experience, qualifications and references of
the subcontractors shah be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
6. PROPOSAL SUBMITTAL:
5.1 Proposer shall furnish a list of all products available for vending service and their cost.
5.2 Proposer shall furnish a current list of all equipment available for service.
5.3 Successful proposer shall provide fresh food at all times and no outdated/expired merchandise
shall be In the machines. All merchandise kept for sale shall be subject to inspection and approval
or refection by the City. Rejected merchandise shall be immediately removed from vending
machines and shall not be returned for sale.
6.4 Proposers shall submit a total of two (2) complete and identical copies of its entire proposal.
6. PROPOSAL DUE DATE:
6.1 Signed and sealed proposals are due no later than 3:00 p.m., October 13, 2009, to the Purchasing
Department. Mall or carry sealed proposals to:
City of Round Rock, Texas,
Purchasing Office
221 E, Main Street
Round Rock, Texas 713664-5299
6.2 Proposals received after this time and date will not be considered.
6.3 Sealed proposals should be clearly marked on the outside of packaging with "RFP 10.001 Vending
Services" and "DO NOT OPEN".
6.4 Facsimile or electronically transmitted proposals are not acceptable.
6.5 Late Proposals properly identified will be returned to Respondent unopened if return address Is
provided.
7. CONFIDENTIALITY OF CONTENT: All proposals submitted in response to this RFP shall be held
confidential until a contract is awarded. Following the contract award, proposals are subject to release as
public information unless the proposal or specific parts of the proposal can be shown to be exempt from the
Texas Public information Act. Proposers are advised to consult with their legal counsel regarding disclosure
issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information.
The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential
proposer.
7.1 If a Proposer believes that a proposal or parts of a proposal are confidential, then the Proposer shall
so specify. The Proposer shall stamp In bold red letters the term "CONFIDENTIAL" on that part of
Page 4 of 6
RPP 10.001
08-961-16-01
REVISED: Sept. 2009
the proposal, which the Proposer believes to be confidential. Vague and general claims as to
confidentiality shall not be accepted. Ail proposals and parts of proposals that are not marked as
conf€dentiai will be automatically considered public information after the contract is awarded.
8. EQUIPMENT:
8.1 All vending equipment should be new or current state of the art modern equipment including one
dollar bill changers with the ability to accept the new United States Slits.
8.2 AH Food Vending shall be Shopper Tron or equivalent type units that allow the customer to shop for
whatever selection they desire.
8,3 Cold drink vending machines shall hold cans with pull top openers and/or plastic bottles with screw
off tops.
8.3.5 Each machine shall handle the following Items/functions:
8.3.5.1 Dispense a variety of items, not limited to a single type item or brand of Items;
8.3.5,2 Be properly equipped with a non -reset table counter for recording all sales by
each machine.
8.3,5.3 Receive and give coin change for one dollar bills, and new United States bilis;
this may be accomplished by having the change mechanism installed in the
vending machine
8.4 Successful proposer shall promptly and courteously refund any moneys lost by the employees/public
in vending machines operated by the successful proposer under this agreement. Each machine
location must provide information to the employee/public where malfunctions, product quality
comments and refund requests may be made.
9. SERVICING:
9.1 All machines shall be serviced and stocked weekly on a regular schedule or as needed or specified
by the City.
9.2 Proposer shall specify the approximate time of day for servicing of vending machines between the
hours of 8 am and 6 pm.
9.3 The successful proposer shall check in with the contact person at each location every machines are
serviced, The name of the contact person will be supplied to successful proposer upon award.
9.4 Successful proposer shall post the Individual prices on each item In the vending machine and the
City shalt be the sole judge of sign quality, size of letter and propriety of any price signs posted.
10. INSTALLATION; The successful proposer shall accept full responsibility for the installation and efficient
operation of all equipment and machines. Upon completion of installations, successful proposer shall
provide a list of all their equipment and all locations of said equipment to the Purchasing Supervisor, and
certify that each unit is in proper working order in accordance with original equipment manufacturer's
specifications including any/all electrical andfor plumbing connections, drainage, and stability as is
appropriate to the unit.
10.1 Machines shall be installed at locations listed herein, however, title ownership of each machine shall
be retained by the Successful Proposer, who shall be responsible for the equipment at all times and
in all respects. The City shall neither own nor rent/lease the machines in conjunction with this
contract.
10,2 Successful proposer shall bear all costs to deliver, install, stock, maintain, repair and remove all
vending machines placed under this contract, including replacement machines.
11. INSTALLATION LOCATIONS:
11.1 Ali requirements listed on Attachment B are to be considered minimum.
11.2 The City may require the successful proposer to equip additional locations not specified in the
Request for Proposal. Additional vending machines may also be required and installed at locations
listed herein.
11.3 The City reserves the right to approve all vending machines before installation and request
replacement or removal of machines if it is determined they are unacceptable or non -operational.
11.4 All machines shall be current models and in good working condition.
11.6 No old, outdated or obsolete machines shall be used in any City area.
11.8 Machines with faded paint, dents, cracks, and paint chips shall not be accepted.
11.7 Successful proposer shall repair or replace such equipment at their expense.
11.8 Successful proposer shall be available to service machines placed under this agreement from 8 am
to 6 pm. Machines shall be repaired within twenty-four (24) hours of a reported malfunction.
11.9 Successful proposer shall provide alt machines on rollers.
12. QUANTITY: No guarantee of any minimum or maximum purchase Is made or implied. The City wilt only
order the services needed to satisfy operating requirements, which may be more or less than Indicated.
Page 5 of 6
RFP 10-001
08-961-15.01
REVISED: Sept. 2009
13. ADDITIONS/DELETIONS: Equipment may be added or deleted during the term of the contract. Pricing
proposed shall be used for adding/deleting such equipment. If new locations are added during the term of
the contract, the City reserves the option to add equipment at the vendors current pricing,
14. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by
the Cily representative(s) noted below.
City of Round Rock
Randy Barker
Purchasing Supervisor
512.218-3295
PART IV
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. SERVICE: The successful proposer shall have service and maintenance available to the City within a 130
mile radius of the City, and shall be able to respond to a request for service:
1.1. Within 12 hours of notification for telephone service and/or maintenance.
1.2. Within 24 hours of notification for on-site service and/or maintenance.
2. DELIVERY: Unless othervrise noted on the proposal, all shipments shall be received between the hours of
8:OOAM and 6:00PM, Monday through Friday, or within twenty- four (24) hours after verbal request of an
order called in from the City.
2.1. Delivery Locations: See Attachment B,
3. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be
notified within this time frame if the unit delivered is not in full compliance with the specifications. If any
purchase order is canceled for a unit for non-acceptance, the needed equipment may be purchased
elsewhere and the vendor may be charged full increase, if any, in cost and handling.
4. INVOICING: Vendor shall submit one (1) original and one (1) copy of each invoice on a monthly basis to the
following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
5. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day on which
the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The
Vendor may charge a late fee (fee shall not be greater than that which Is permitted by Texas law) for
payments not made In accordance with this prompt payment policy; however, this policy does not apply to
payments made by the City In the event:
5.1, There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be late; or
5,2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
thnely payment with Federal Funds; or
5.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor
and Its suppliers concerning supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
5.4. The Invoice Is not malted to the City in strict accordance with instructions, if any, on the purchase
order or agreement or other such contractual agreement.
6. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this agreement which arise under the antitrust taws of the United States, 15 USGA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, A sea.,
Page6of6
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1, INSURANCE: The Vendor shall procure and rnalrktain at its sole cost and expanse for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for injuries to persons or damages to property which may arise from or In
connection with the performance of the work as a result of this bid by the successful bidder. Its
agents representatives volunteers. employees or subcontractors,
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences,
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1,2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
insurance.
1.3.4. Upon request, certified copies of alt Insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1,3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1,3.5.2. Property Damage insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minirnum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.6.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minirnum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
Insurance policies and all endorsements thereto and may snake reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. Ail insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all Insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1,6.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insureds, (as the Interest of each insured may appear) as to all applicable
coverage.
1.6.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the Insurance company or agent/broker shall endeavor to notify
the City; and,
1.6.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.6.6. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. AH copies of the Certificate of insurance shalt reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change In coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main
Round Rock, TX 78664.5299
City Attorney
City of Round Rock
309 East Main
Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation Insurance coverage
for all persons providing services on building or construction projects for a governmental
entity,
2.1.1. Certificate of coverage (°certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC•83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2,1.2. Duration of the project - Includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor') In Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with 1110 CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. 'Services'
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services' does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a now
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2,7, The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER In writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2, provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1,2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3,4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void If the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
RFP 10.001
08-961-16.01
REVISED: Sept. 2009
ATTACHMENT B
All Buildings Located In Round Rock, Texas
Building or Location Address
City Hall 221 East Main Street, 2nd floor
McConico Bldg. 301 \Vest Bagdad, Building A, 1st floor
McConico Bldg. 301 West Bagdad, Building A, 2nd floor
Baca Senior Ctr. 301 \Vest Bagdad, Building B, Break Room
Clay Madsen Rec. Ctr. 1600 Gattis School Road
Clay Madsen Rec. Ctr. 1600 Gattis School Road, \Vest Wing Hall
Parks and Rec. Yard 300 South Burnet, Break Room
Public Works Bldg. 2008 Enterprise, Break Room
Transportation Bldg. 212 Commerce Blvd., Break Room
Vehicle Maint. 901 Luther Peterson P1., Break Room
Street Dept. 910 Luther Peterson P1., Break Room
Water/Wastewater 910 Luther Peterson Pl., Break Room
Police Department 2701 North Mays, Break Room
Fire Department Central 203 Commerce, Break Room
Tire Station No. 2 200 West Bagdad, Break Room
Fire Station No. 3 1991 Rawhide, l3reak Room
Fire Station No. 4 3300 Gattis School Road, Break Rooin
Fire Station No. 5 350 Deepwood, Break Room
Fire Station No. 6 2919 Joe DiMaggio, Break Room
Fire Station No. 7 2811 Oakmont, Dining Room
Water System Support Bldg, 5494 North IH 35, Break Room
Water Treatment Plant Bldg. 5494 North 114 35, Break Room
Library 216 East Main Street, 2nd Floor Break Room
Environmental Services 5494 North IH 35, Break Room
Recycle Center 310 Deepwood
RFP 10-001
Amendment to Attachment B
10-6-09
Please be advised of the estimated population access count at the following buildings:
City Hail 100
McConico Bldg. 1st floor open to the public
McConico Bldg. 2nd floor 20
Baca Senior Center 1,000 plus is open to the public
Clay Madsen Rec Ctr 1,000 plus is open to the public
Clay Madsen Rec Ctr West Wing 100
Parks and Rec Yard 100
Public Works Bldg. 60
Transportation Bldg. 108
Vehicle Maint, 65
Street Dept. 40
Water/Wastewater 40
Police Dept, 200
Fire Dept. Central 100
Fire Station No. 2 20
Fire Station No. 3 20
Fire Station No. 4 20
Fire Station No. 5 20
Fire Station 6 50
Fire Station 7 20
Water System Suppt 15
Water Treatment Plant 30
Library 100
Bnviromental Services 20
Recycle Center 20
Brenda Fuller, CPPB
City of Round Rock
Buyer H
Purchasing Division
(512)218-5456
bfiill er@'ound-r ock. tx.us
SECTION A 4 VENDING EQUIPMENT AND CAPABILITIES
*Pictures and descriptions of equipment are provided in the proposal binder.
Canteen will also provide 5, wireless credit / debit card readers. Canteen will
provide like for like equipment based on physical, survey of facilities. While
Canteen commits to provide like for Tike equipment based on this physical
survey, we ask that Canteen have the option to recommend differing machine
line-ups if necessary based on industry experience and demographics.
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*includes all Florida Natural Growers juice options 1
*includes all Welch's products and juice options
*These are a few examples
Bottle of Soda or Tea
Dr. Pepper
Diet Dr. Pepper
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Diet Coke
a
Coke Zero
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1 Barg`s Root Beer
Mug Root Beer
*These are a few examples
Can Soda or Tea
1Lipton Tea wJLemon
Dr Pepper Cans 1
Diet Dr Pepper Cans
IA&W Rootheer Cans
7-Up Cans
1Diei 7-Up Cans
Sunkist Cans
1Hawaiian Punch Red Cans
u)
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Diet Coke Cans
1 Pepsi Cans
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*These are a few examples
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PROPOSAL A
(All price points and commission percentages are based upon the award of all ,
,vending machines)
*Each proposal displays a tiered system from lowest price point to highest
commission
CITY OF ROUND ROCK PROPOSAL A
VENDING PRICES
Item
Candy
Large Candy
Healthy Snacks
. Large Snacks
Crackers
Can Beverages
Bottle Beverages
20 oz. Water
Isotonics - Gatorade, Propel, etc•
Juice
Energy Drinks
Fresh Pastry
Fresh Food
Price
$ 0.55
$ 1.00
$ 0.70
$ 0.70
$ 0.50
$ 0.50
$ 0.95
$ 0.85
$ 1.50
$ 1.25
Commission
0%
0%
0%
0%
0%
0%
0%
0%
0%
$ 2.00
$ 0.85
$ 2.00
0%
0%
0%
0%
PROPOSAL 13
(All price points and commission percentages are based upon the award of all
vending machines)
CITY OF ROUND ROCK PROPOSAL B
VENDING PRICES
item
Price
Candy
$ 0.65
Commission
10%
Large Candy
Healthy Snacks
Large Snacks
Crackers
Can Beverages
Bottle Beverages
20 oz. Water
Isotonics - Gatorade, Propel, etc.
Juice
Energy Drinks
Fresh Pastry
Fresh Food
$. 1.00
$ 0.85 _
$ 0.85
$ 0.55
$ 0.65
$ 1.00
10%
10%
10%
10%
17%
17%
$ 1.00
17%
$ t50
$ 1.25
$ 2.00
$ 0.90
17%
17%
17%
10%
$ 2.00
0%
1
PROPOSAL i
(Alt price points and commission percentages are based upon the award of all
vending machines)
CITY OF ROUND ROCK PROPOSAL C
VENDING PRICES
Item
Candy
Large Candy
Healthy Snacks
Large Snacks
Crackers
Can Beverages
Bottle Beverages
Price Commission
$ 0.75 10%
10%
$ 1.25
$ 1.00
$ 1.00
$ 0.55
$ 0.75
$ 1.25
$ 1.00
20 oz. Water
Isotonics - Gatorade, Propel, etc. $ 1.50
$ 1.25
Juice
Energy Drinks
$ 2.00
$ 1.00
Fresh Pastry $ 2.00
Fresh Food
10%
10%
10%
34%
34%
34%
12%
12%
12%
10%
0%
ROUND ROCK, TEXAS
PURPOSE. PASSION, PROSPERITY
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing an "Agreement for Vending Machine Services" with Compass Group
dba Canteen Vending Services.
March 19, 2010
Department: Finance Department
Project Manager: Cheryl Delaney, Finance Director
Item Summary:
The City is contracting with Compass Group USA for provision of equipment, goods and services necessary to provide
vending services for sodas (carbonated/non-carbonated beverages), snacks (including healthy snack alternatives),
chips, candy bars, gum and drinking water to all City buildings and locations identified within the attached Request
for Proposals. The City's evaluation team which consisted of employees from all departments within the City decided
to award this agreement based on the lowest cost of commodities within the machines and with no commission on
the sales being paid to the City. Therefore, there is no cost to the City for the rental, services and maintenance of the
required machines.
Strategic Plan Relevance: 8.0 Maintain and enhance public confidence, satisfaction and trust in City Government.
Cost:
Source of Funds:
N/A
N/A
REV. 3/8/10
10 1909
Request for City CouncillCity Manager Action
City Council Dm City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Finance Department
Contact Person: Cheryl Delaney / Misty Gray
Project Mgr/Resource: Randy Barker
Project Coordinator: Deborah Knutson
Assigned Attorney: Matthew Lueckenhoff
City Council or City Manager Approval Date:
Agenda Wording
For Administration Use ONLY
';f 1 7 J j N,,tA/ar-
Received:
Tag #: i' YVl- 10- C ? - Ota.)?
Original Documents Received:
Project Name: Vending Machine Supply Agreement
ContractorNendor: Compass Group dba Canteen Vending Services
Funding Source:
Additional funding Source: No funding required for this agreement
Amount:
Account Number:
3/19/2010
Consider executing an "Agreement for Vending Machine Services" with Compass Group dba Canteen Vending Services.
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
EChange in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes[1 No )'
Unforeseen Circumstances
Other (Please clearly identify action below)
PROVALS
1ONL.Yby rar
FINANC
N/A'' Ap
._.._._....
Amount
R uired for Submission of ALL C' Council and
Mana er Items
Project Mgr. Signature:
Dept. Director Signature:
*City Attorney Signature
City Manager Signature:
tre RFA, blue,sheet i
AGENDA WITHOUT
Date:
Date:
Date:
Date:
3-19-It0
*City Attorney signature is required for all items.
REVISED 3/17/2010
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: FINANCE
Project Mgr/Resource: BRENDA FULLER
[Council Action:
zu
ORDINANCE
Agenda Wording
Project Name: VENDING MACHINE SUPPLY AGREEMENT
COMPASS GROUP dba CANTEEN VENDING
ContractorNendor: SERVICES
In RESOLUTION
City Manager Approval
CMA Wording
Consider executing an "Agreement for Vending Machine Services" with Compass Group dba Canteen Vending Services.
Attorney Approval
EZIA7.ttorney
Notes/Comments
1
Date '//3 // d
/
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Updated 6/3/08