CM-13-08-122ROUND ROCK. TEXAS
NMPO E nsvON PNOSPFAITY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Coffee Service Location Agreement with Accent
Food Service, LLC. This agreement with provide the City with rent free
equipment and better coffee product pricing.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/2/2013
Dept Director: Cheryl Delaney, Finance Director
Cost:
Indexes:
Attachments: Agreement - Accent Food Services
Text of Legislative File CM -13-08-122
Under the Office Coffee Service Location Agreement between the City and Accent Food
Services, Accent shall install a sufficient number of coffee and beverage dispensing
machines at no cost to the City and will keep the machines supplied so as to adequately
provide, under normal conditions the City's employees and visitors with sufficient amounts
of coffee, beverages and products as selected by the City at a reduced cost. If the average
number of employees and visitors using the service increases appreciably, Accent shall
furnish additional equipment, as the City and Department deem necessary and proper for
prompt servicing of the Cities employees and visitors beverage needs.
Staff recommends approval.
City of Round Rock Page 1 Printed on 8/1/2013
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: Finance Department
Project Mgr/Resource: Cheryl Delaney
City Manager Approval
CMA Wording
Project Name: Office Coffee Service Location Agreement
ContractorNendor: Accent Food Services, LLC
Consider executing a Coffee Service Location Agreement with Accent Food Services, LLC. This agreement will provide the City
with rent free equipment and better coffee product pricing.
Approval
DEmployee EE Bowden.` Date July 24, 2013
Notes/Comments
OFFICE COFFEE SERVICE LOCATION AGREEMENT
In consideration of the mutual promises and covenants set out herein by and between City of Round Rock of Round Rock, TX , its successors and assigns
hereinafter, called "Location", and Accent Food Services, LLC of Austin, TX, its successors and assigns, hereinafter called "Operator," it is agreed that:
1. Location grants Operator the exclusive right and privilege to sell or dispense coffee, beverages and allied products at Location's establishments see list
below (referred to hereinafter as "Premises"). The Operator shall install a sufficient number of coffee and beverage dispensing machines and will keep the
machines supplied so as to adequately provide, under normal conditions and within specified lunch and rest periods, Location's employees and visitors with
sufficient amounts of coffee, beverages and products as selected by the Location. Location may also continue to use city owned machines and purchase coffee
for those machines. If the average number of employees using the service increases appreciably, the Operator shall furnish such additional equipment, as
Operator and Location deem necessary and proper for prompt servicing of Location's employees and visitors and to permit convenient consumption of coffee
and beverages during designated lunch and rest periods.
2. UTILITIES AND SERVICE CONNECTIONS. Location shall at its own expense provide Operator all necessary utility outlets at the designated areas
where vending equipment is to be located and shall also furnish without cost to Operator all necessary heat, hot and cold water, gas, lights and electric current
and will permit interruption in such services only in cases of emergency. Location agrees to notify Operator immediately of any interruption or proposed
interruption of such services.
3. LICENSES. All required Federal, State or local licenses shall be obtained by Operator, who agrees to reimburse Location for any penalties or necessary
expense due to Operator's failure to obtain any of the required licenses.
4. EQUIPMENT PLACEMENT AND TITLE. Operator shall install coffee machines. Such machines or any others installed by Operator under this
agreement and their contents are and remain the property of Operator. Operator shall have the right at any reasonable time to remove or replace any of the
machines so installed as Operator deems necessary without affecting any other provisions of this agreement. Operator may place additional machines as
deemed necessary or convenient with the consent of Location. Location may request additional machines as it feels needed to perform the services called for
herein. Location agrees to permit only personnel authorized by Operator to remove or tamper in any way with any of the machines.
5. MAINTENANCE AND SANITATION. Operator shall provide products that are fresh. Operator will use best efforts to provide the items requested or
suggested by Location's employees. Location will keep the areas in which the machines are located and all service areas in a clean and sanitary condition and
shall dispose all garbage and trash that may result from the operation of the service and will replace expendable items as needed all in accordance with all laws,
ordinances, regulations and rules of Federal, State and local authorities.
6. PERSONNEL. Operator's personnel will at all times be dressed in clean, neat uniforms and will observe all regulations in effect at described premises.
Operator shall not retain at the Premises any employee not acceptable to Location. Operator's employees shall have periodic health examinations as frequently
and as thoroughly as required by law and good practice. Location agrees to furnish Operator's personnel with any necessary identification passes required for
entrance to or exit from the described Premises at all reasonable times. Location shall not impose any regulations on Operator's employees not imposed on
Location's employees. Operator agrees that its employees and agents shall comply with and observe all applicable rules, instructions, regulations and codes of
conduct specified by Location, that Location has provided to Operator in advance in writing, designed to protect the safety of Location's employees and the
security of the Premises. Location reserves the right to refuse to admit any employee or agent of Operator whose conduct or actions endanger the safety of
Location's employees or the security of the Premises. Operator shall be responsible for all of its employees or agent's behavior and actions while conducting
work on behalf of the Operator at the Premises. Operator shall be solely responsible for the payment of wages, salaries, benefits, and other amounts due its
employees and agents. Additionally, Operator shall be solely responsible for all reports and obligations respecting its personnel relating to social security,
income tax, pension, unemployment withholding compensation, workers' compensation, and similar matters.
7. INDEMNITY -DAMAGES. Operator shall and hereby does indemnify, hold harmless and defend Location, its officers, directors, employees and agents
from and against all claims, losses, liabilities, damages, and expenses (including reasonable attorneys fees) for personal injury, death, property damage,
violations of federal, state, or local laws and regulations relating to health, safety and sanitation, or other losses which are proximately caused by the
performance by Operator, its employees or agents under this Agreement or which are proximately caused by the consumption or use of any products sold in the
vending machines provided hereunder. Notwithstanding the foregoing, Operator shall not be liable for any indirect, incidental, punitive, consequential or
special damages.
8. INSURANCE. Operator will maintain and bear the expense of the following insurance:
(a) Workmen's Compensation as prescribed by the laws of Texas.
(b) Comprehensive General Liability coverage including bodily injury and property damage with Occurrence limit of $1,000,000 and General Aggregate
limit of $2,000,000.
(c) Comprehensive Automobile Liability with combined single limit of $1,000,000 for each Accident or Occurrence.
(d) Commercial Excess (Umbrella) Liability coverage with limits of $5,000,000 each Occurrence/Aggregate.
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CAA - --0 --17-Z
9. NOTICE OF CLAIMS (Accident or Product Liability) Location shall promptly notify Operator in writing of any claims against either Location or
Operator, and in the event of a suit being filed, shall promptly forward to Operator all papers in connection therewith. Location shall not incur any expense or
make any settlement of any such claims or suit without Operator's consent.
10. ALTERATIONS. Location agrees to notify Operator of any alterations or changes that will affect any of the areas where services under this agreement are
performed, including storage, office and locker areas before such alterations are made. Operator agrees to make no alterations in the premises unless
authorized in writing by Location. Location agrees to cooperate in making any alterations that may become necessary for proper performance of the service
under this agreement.
11. TERM. This agreement shall become effective June 1, 2013. This agreement remains in force for a period of 36 months from the date hereof the "Term."
This agreement is deemed to be automatically renewed for successive Terms upon the same terms and conditions as set out herein, unless either party gives
written notice of termination at least sixty (60) days prior to the expiration of a Term, or any subsequent Term, as applicable.
12. BUSINESS INTERRUPTION. If, because of riots, war, public emergency or calamity, fire, earthquake, Act of God, governmental restrictions, labor
disturbances, or strikes, business operations at described Premises shall be interrupted or stopped, performance of this agreement, with the exception of moneys
already due and owing shall be suspended and excused to the extent commensurate with such interfering occurrence and the expiration date of this agreement
shall be extended for a period of time equal to the time that such default of performance is excused.
13. CANCELLATION BREACH. In the event any provision of this agreement is violated by either party, the other party shall serve written notice upon the
breaching party setting forth the violations and demanding compliance with the agreement. Unless within 30 calendar days after serving such notice, such
violations shall cease or arrangements (reasonably satisfactory to the suffering party) are made for corrections, the suffering party may terminate this agreement
by serving 30 days written notice of its intention to cancel the agreement on the offending party by registered or certified mail.
14. TERMINATION. Upon the termination of this agreement, Operator shall vacate all parts of the Premises occupied by Operator and shall return same to
Location together with all equipment furnished by Location in the same condition as when originally made available to Operator, reasonable wear and tear
excepted. If Operator fails to remove its property and effects upon termination of this agreement, within a reasonable time, Location shall have the right to
remove and store all of said property and effects at the expense of Operator.
15. INDEPENDENT CONTRACTOR. It is mutually understood and agreed that it is the intent of the parties hereto that an independent contractor
relationship is hereby established under the terms and conditions of this agreement. Nothing in this Agreement is intended or will be construed to create any
partnership, joint venture, joint enterprise or other similar joint relationship, nor shall either party be deemed to be an employee, agent or legal representative
of the other for any purpose whatsoever. Neither party will have any authority, whether express, implied or apparent to assume or create any obligations for,
on behalf of, in the name of, or for the benefit of the other.
16. NOTICES. All notices as required herein or otherwise to Location shall be addressed to it at 221 E Main St. Round Rock, TX 78664. All notices to
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Operator as required herein or otherwise shall be addressed to it at P.O. Box 81515 Austin, TX 78708.
17. LAWS APPLICABLE. The provisions of this agreement shall be construed under the laws of the State of Texas.
18. RIGHT TO DO BUSINESS. This agreement is entered into by Operator on the express warranty and representation that Location owns and operates the
business conducted at the described premises or has the authority to enter into this agreement.
19. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto and all previous communications between the parties
whether written or oral with reference to the ubject matter of this agreem nt are canceled and superseded.
WITNESS our hands and seals this day of 20 j.3_.
Accent Food S
Signed
Printed
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Signed
Steve wood
Printed
Attachment A
City of RR Fire Dept #6 2919 Joe Dimaggio Blvd Round Rock, TX 78664
City of RR PW Street Dept 910 Luther Peterson PI Round Rock, TX 78664
City of RR Property Maint. 2015 Lamar Dr #A Round Rock, TX 78664
City of RR Oakmont Fire Dept 2811 Oakmont Ste 900 Round Rock, TX 78664
City of RR Police Dept 2701 N Mays Round Rock, TX 78664
City of RR IT Dept 221 E Main St Round Rock, TX 78664
City of RR Admin 221 E Main St 3rd Floor Round Rock, TX 78664
City of RR Line Maintenance 910 Luther Peterson P1 Round Rock, TX 78664
City of RR Blair Fire Dept #2 200 W Bagdad Ave Round Rock, TX 78664
City of RR Planning 301 W Bagdad Ave Round Rock, TX 78664
City of RR Municipal Court 301 W Bagdad Ave Round Rock, TX 78664
City of RR PARD 301 W Bagdad Ave Round Rock, TX 78664
City of RR City Hall 221 E Main St 2nd Floor Round Rock, TX 78642
City of RR Public Works 2008 Enterprise Round Rock, TX 78664
City of RR Commerce Fire Dept 203 Commerce Round Rock, TX 78664
City of RR Rawhide Fire Dept #3 1991 Rawhide Round, Rock, TX 78681
City of RR Gattis Fire Dept 3300 Gattis School Rd Round Rock, TX 78664
City of RR Deepwood Fire Dept 350 Deepwood Dr Round Rock, TX 78681
City of RR PW Vehicle Maintenance 901 Luther Peterson PI Round Rock, TX 78664
City of RR General Services 212 Commerce Round Rock, TX 78664
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