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 CITY COUNCIL AGENDA ITEM NO. 06



Meeting Date: November 26, 2002

Subject/Title: Approve a Request for Proposals to be issued to vendors for beverage vending machines

Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Ken De Silva, Park Services Manager

Approved by: John Stevenson, City Manager



RECOMMENDATION
Approve the distribution of a Request for Proposals for beverage vending machines.

PREVIOUS ACTION
None

BACKGROUND
With the growth of Brentwood and the addition of many new parks and City facilities, we have continued to receive requests from citizens for the City to provide the opportunity to purchase beverages at our facilities. Staff is requesting approval to distribute the attached Request for Proposals to interested vendors in order to begin providing beverage vending machines at our facilities in 2003.

FISCAL IMPACT
Income received as a result of this project will be deposited back into the respective facilities as outlined in the agreement.


REQUEST FOR PROPOSALS

BEVERAGE VENDING MACHINES

Proposal Mailing Date

December 2, 2002

Proposal Submittal Due Date

December 31, 2002 at 5:00 p.m.

REQUEST FOR PROPOSAL
The City of Brentwood Parks and Recreation Department desires to solicit qualified proposals to provide beverage vending machines and beverage products in accordance with this Request for Proposal. In addition, the recipient of this contract will need to provide protective coverings (cages) for the machines and be responsible for repairing and cleaning up any vandalism of the machines. This Request for Proposal is expected to result in a firm fixed price contract for a three-year term with renewable annual options.

SCOPE OF WORK
The City of Brentwood currently has one location in which vending machines are provided as a public service, and income from the machines accrues to the City’s General Fund. The current machines have been full-service with the distributor filling the machines, collecting the proceeds, and forwarding a check to the City. The City is examining an option to expand the number of vending machines provided for public service.

The City of Brentwood is interested in providing vending machines at the following locations:

• Brentwood Family Aquatic Complex (up to 4 machines)
• Skate Park (3 machines)
• Sunset Park (4 machines)
• Community Center (1 machine)
• City Park/Plaza (1 machine)
• Balfour-Guthrie Park (1 machine)
• Apple Hill Park (1 machine)
• Marsh Creek Staging Area (1 machine)

While all locations currently included in this solicitation are managed by the Parks & Recreation Department, other sites managed by other departments are possible. This fact may require the provider to deal with more than one department for any machines installed.

PROPOSALS
Proposal shall discuss vending machine models and characteristics that will be used to provide the vending service. City will also consider, site-by-site, as appropriate, vending of snack items. Discuss routine maintenance and sanitization required for each model proposed.

Discuss installation and maintenance service, including response times for requests to install and respond to equipment breakdown.

Discuss, from award, how long it will take to install machines and begin performance on this proposed contract.

In exchange for providing exclusive service, the City will accept:

A. Guaranteed percentage of sales, and/or
B. Yearly support/donation of the following:

• Summer Concert Series
• Scoreboards for Sunset Park
• Scoreboards for Balfour-Guthrie Park
• Competitive Time Clock for Aquatic Complex
• Arts Commission “Day in the Park” festival
• Underwrite Parks and Recreation Department Activity Guide
• Youth Scholarship Program
• City Park Youth Snow Day

Discuss the above mentioned and/or any additional promotional opportunities that may be beneficial to the City. 

INDEMNITY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the City, its officers, and employees, from actions, claims, damages, disabilities or the cost of litigation that are asserted by any person or entity to the extent arising out of the negligent acts or omissions or willful misconduct in the performance by the Contractor hereunder, whether or not there is concurrent negligence on the part of the City, but excluding liability due to the sole negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents, under workers’ compensation acts, disability benefits acts or other employees’ benefits acts.

Contractor shall be liable to City for any loss of or damage to City property arising from Contractor’s negligence or willful misconduct.

ASSIGNMENT AND SUBCONTRACTING
The Contractor shall not assign or subcontract the work, or any part thereof, without the previous written consent of the City, nor shall Contractor assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, not claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so-called assignment of this contract or any part thereof, unless such assignment has been authorized by the written consent of the City. In case the Contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of the work.

TERMINATION FOR CONVENIENCE
This agreement may be terminated by either party by giving thirty (30) days notice to the other in writing of its intent to terminate the agreement.


TERMINATION OF CONTRACT FOR CAUSE
If at any time, in the opinion of the City Council, upon recommendation of the Purchasing Agent, 1) Contractor fails to conform to the requirements of this contract; 2) Contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt; 3) any legal proceedings are commenced against Contract which may interfere with the performance of the contract; or 4) Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prospect the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing may be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the City’s authorized agent within the time specified in such notice, the City Council in any such case shall have the right and power, at its option and without prejudice to any other right it may have to terminate the contract. Any excess of the cost arising therefrom will be charged against the Contractor and for his sureties, who will jointly be liable thereof. In the event of such termination, all monies due the Contractor or retained under the terms of the contract shall be forfeited to the City, but such forfeiture will not release the Contractor or its sureties from liability for failure to fulfill the contract.

INSURANCE
Contractor shall take out and provide certificate of insurance providing comprehensive and worker’s compensation insurance and property damage insurance naming the City of Brentwood, its officials, employees and agents, as “additionally insured” and have a primary insurance endorsement to the amount of NOT LESS THAN $1,000,000 combined single limit from an insurance company with a rating subject to the satisfaction of the City Attorney.

LICENSING
Concessionaire shall acquire or have proof of appropriate City of Brentwood business license(s). 

EQUIPMENT/SUPPLIES
The Contractor shall provide all equipment, hook-ups, electrical connections and supplies required. City shall pay for electrical costs. City shall make vending area available for inspection use by appointment. Contractor may not alter area nor place equipment in area until equipment is approved. Contractor may not store products in any City facilities other than inside the vending machines.

ALL PROPOSALS SHALL BE SUBMITTED BY:
FRIDAY, NOVEMBER 15, 2002

MAIL PROPOSAL/INFORMATION TO:

City of Brentwood
Attention: Tammy Homan
730 Third Street
Brentwood, CA 94513
Thoman\wp\RFP – Soda Vending Machines November 2002
GENERAL PROVISIONS


PROPOSALS
Contractors are required to submit a proposal on all bid items. Proposal submittals which do not have all items bid will not be considered.

Cash discount must be shown on proposal; otherwise, prices will be considered net. Unless prices and all information requested are complete, proposal may be disregarded and given no consideration.

This Request for Proposals shall result in a firm, fixed price contract.

In case of default by the contractor, the City of Brentwood may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the contractor, the difference between the price named in the contract or purchase order and the actual cost thereof to the City of Brentwood.

All prices and proposals must be in ink or typewritten. No pencil figures or erasures are permitted. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by person signing the proposal.

All proposals must be signed with the firm’s name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled.


SUBMISSION OF PROPOSALS
Each proposal must be submitted on the prescribed form in a sealed envelope with a proposal number, closing date and time on the outside.

Information must be furnished complete in compliance with the terms, conditions, provisions and specifications of the Request for Proposals. The information requested and the manner of submission are essential to permit prompt evaluation of all proposals on a fair and uniform basis. Accordingly, the City reserves the right to declare as non-responsive and reject any proposal in which material information requested is not furnished or where indirect or incomplete answers or information is provided.

Proposals and modifications or corrections thereof received after the closing time specified will not be considered.

Proposals shall be for the total net price including all applicable taxes and charges.

No telegraphic, telephone or facsimile of proposals will be accepted. If a photocopy is to be submitted, it must be signed in original, in ink.

If you do not bid, return this Request for Proposals and state reason, otherwise your name may be removed from our mailing list.

PROPOSAL POSTPONEMENT AND AMENDMENT
The City of Brentwood reserves the right to revise or amend the specifications up to the time set for opening of proposals. Such revisions and amendments, if any, shall be announced by amendments to this solicitation. Copies of such amendments shall be furnished to all prospective contractors. Prospective contractors are defined as those contractors listed on the City’s Request for Proposal list for this material/service or who have obtained his documents subsequent to the advertisement. If revisions and amendments require changes in quantities or prices proposed, or both, the date set for opening of proposals may be postponed by such number of days as in the opinion of the City shall enable contractors to revise information may be sufficient reason to declare the proposal non-responsive. The Purchasing Agent shall be the sole judge in the determination of these matters.

Notice of contract award, if contract be awarded, will be made within ninety (90) days of opening of proposals to the contractor, whose proposal complies with all the requirements in the Request for Proposal and is found to be the best value to the City.

PAYMENT TO THE CONTRACTOR
Payment will be made on a calendar month basis in arrears. The contractor shall submit his invoice to the City of Brentwood, Accounts Payable, 150 City Park Way, Brentwood, CA 94513. In the event this contract becomes effective or terminates during the course of a month, the amount paid to the contractor for the part month shall be determined by prorating the amount on the basis of the number of calendar days involved.

In connection with any cash discount or interest specified on this proposal, time will be computed from the date correct invoices are received in the City’s Finance Department. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the City warrant or check.

CONTRACT ADMINISTRATION
Except as otherwise specifically provided in this Request for Proposal and the resulting Purchasing Contract or Purchase Order, any notice, submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the person identified. Service may also be made by mail, by placing a notice, submittal or communication in an envelope with the proper first-class postage affixed thereto and addressed as indicated, and depositing said envelope in the United States mail.

RETENTION OF RECORDS
The contractor shall be required to retain any records necessary to document the charges for goods to be provided or services to be performed and make such records available to the City for inspection at the City’s request for a period of four (4) years.



NON-COLLUSION AFFIDAVIT
The contractor declares, by signing and submitting a proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the contractor has not directly or indirectly colluded, conspired, connived, or agreed with any contractor or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the contractor or any other contractor, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the contractor has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

PROPOSAL CONTENTS
The proposal consists of the Request for Proposal, Proposal, Provisions, Specifications, Attachments and other terms and conditions as are attached or incorporated by reference in the schedule of the Request for Proposal.
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov