HomeMy WebLinkAboutR-83-0127J-83-39 p e8
RESOLUTION NO.
'3-12
A RESOLUTION APPROVING THE PROPOSAL OF
CANTEEN FOOD AND VENDING SERVICE (DIVISION
OF CANTEEN CORPORATION) FOR FURNISHING
SNACK VENDING MACHINE SERVICE AT THE
EMPLOYEES' LOUNGE IN THE MUNICIPAL SERVICES
BUILDING; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, SUBSTANTIALLY IN
THE FORM ATTACHED HERETO, WITH SAID FIRM
FOR SAID SERVICE.
WHEREAS, pursuant to public notice, sealed proposals
were received August 24, 1982, for furnishing and servicing vending
machines to the employees lounge in the Municipal Services Building
for the Department of Human Resources; and
WHEREAS, invitations were mailed to 18 potential suppliers
and 4 proposal were received as follows:
Canteen Food and Vending Service
Miami Toms
Pan -Am Vend-Tronics
W and D Vending; and
WHEREAS, the service will include installation of vending
machines and supplying candies, snacks, sandwiches, coffee, cold
drinks, and cigarettes; and
WHEREAS, the lounge will be used by employees in the
Departments of Community Development, Finance (Purchasing) and
Human Resources; and
WHEREAS, an evaluation of the proposals received indicates
that Canteen Food and Vending Service provided the best total proposal
(scope of service, product prices, and return to the City), which
CITY COMMISSION
MEETING OF
FEB 101983
REWLUrwro Nw..�4 -12 i
Raw,Rrcs:............................
S
includes payment of a 7% commission to the City on all sales that
will result in an estimated annual revenue of $3,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement, substantially in the form attached hereto,
with Canteen Food and Vending Service (Division of Canteen Cor-
poration) to furnish such vending machine service at the Employees
Lounge in the Munidipale Services Building, said agreement
incorporating the terms of a proposal submitted by said firm, which
terms are hereby approved.
PASSED AND ADOPTED this loth day of February 1983.
ATTEST:
City Clerk G'
PREPARED AND APPROVED BY:
�J
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
Maurice A. Ferre
M A Y O R
APPROVED AS TO FORM AND CORRECTNESS:
DSE R. GARCIA-PEDROSA
ITY ATTORNEY
83-127
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67
TO` Mr. Howard V. Gary
City Manager
t
FROM: t . M lins -4
urchasing Agent
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE. January 26, 1983 FILE
Su1gjFcT: Recommendation and Award
of Bid No. 81-82-122,
Vending Machine Service
REFERENCES:
ENCLOSURES: Resolution
Pursuant to public notice, sealed Proposals were received August
24, 1982 for furnishing and servicing Vending Machines to the
employees lounge in the Municipal Services Building for the
Department of Human Resources.
Invitations were mailed to 18 potential suppliers and 4 prop-
sals were received as follows:
Canteen Food and Vending Service
Miami Toms
Pan -Am Vend-Tronics
W and D Vending
The service will include installation of vending machines and
supplying candies, snacks, sandwiches, coffee, cold drinks, and
cigarettes.
The lounge will be used by employees in the Departments of Com-
munity Development, Finance (Purchasing), and Human Resources.
An evaluation of the proposals received indicates that Canteen
Food and Vending Service provided the best total proposal (scope
of service, product prices, and return to the City) which includes
payment of a 7% commission to the City on all sales that will result
in an estimated annual revenue of $31,000.00.
The other three (3) proposals did not meet the specifications as
follows:
Miami Toms:
The proposal was for "snack: items only.
It did not include beverages, food, cig-
arettes, or sandwiches.
sq =ii W 9z NYr EGO
331JJO S,a OMW AID
83-12i1
7h
Mr. Howard V. Gary
City Manager
Page 2
Pan -Am Vend-Tronics:
The proposal did not include "coffee".
If canned beverages were to be fur-
nished at the requested .45�, no com-
mission would be paid to the City on
sandwiches and pastries.
Wand D Vending:
The proposal did not indicate firm
prices on the various items to be
furnished; only "price ranges".
Also they would not supply Cuban
coffee.
Accordingly, it is recommended that a contract be executed with
Canteen Food and Vending Service.
The Department of Human Resources concurs with this recommendation.
ALAI: an
83-127
)ING AGREEMENT
3ETWEEN THE
[TY OF MIAMI
AND
)D AND VENDING SERVICE
)F CANTEEN CORPORATION)
FOR
HUMAN RESOURCES DEPARTMENT
83--12 i
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c\
PREAMBIE
PAGE
1.
IOCATICN OF VENDING SERVICE, TERM, AND USE
1
2.
NOTICES
2
3.
DEFINITION OF VENDING SERVICE (CAMM)
2
4.
CO -PARTNERSHIP
3
5.
f9AI ?rENANCE SERVICE
3
6.
PERMITS, LICENSES AND TAXES
3
7.
CCNFLICT OF INTEREST AND DISCRMINATION
4
B.
CONSIDERATION
4
9.
MCNrniLY REPOWING AND DEFAULT OF PAYMENT
5
10.
AUDIT OF RIGHTS
5
11.
V" DIVER OF CLAIM
5
12.
REPRESEWATTVE CAPPCITY
5
13.
INSURANCE AND IAIDEMNIFICATICN
6
14.
ATI'ORNEY'S FEES
7
15.
CAPTIONS
7
16.
ENTIRE AGREEMENT
7
17.
NON DISCRIMINATION
7
18.
ASSIGNMEN'T
7
19.
INDEPENDENT CONTRACTOR RELATIONSHIP
7
20.
CANTEEN'S TITLE M VENDING MACHINES AND EQUIPMENT
8
83-IL2I �
VENDING SEWICE PGREEMINT
This agreement made this day of , 1982, by and
between the City of Miami, a municipal Corporation of the State of Florida,
hereinafter called the "CITY" and Canteen Food and Vending Service (Division
of Canteen Corporation) with offices in 16350 N.W. 48th Ave., Hialeah,
Florida, Telephone 624-5100, (hereinafter referred to as "Canteen").
W I T N E S S E T H:
WHEREAS, the City of Miami has advertised for and received proposals
for the exclusive vending right to sell to employees, guests and other per-
sons at 1145 N.W. llth Street food products, non-alcoholic beverages and to-
bacco products; and
4+Ti�OEAS, it has been determined that Canteen has offered the bid which
is the most advantageous to the CITY of those submitted; and
4EREAS, the City of Miami desires to ava.0 itself of Canteen's Vending
Services; and
wiZaiZ , Canteen desires to perform its Vending Services for the City;
NG!, i4ER 70RE, in consideration of the mutual covenants and agreements
hereinafter set forth, the parties hereto, intending to be legally bound
hereby, agree as follows:
1. IMUION CP VENDING SERVICE, TER4, AND USE
The CITY hereby grants unto Canteen, as an independent contractor,
the exclusive right to operate a Vending Service at the following described
premises: Department of Hunan Resources, 1145 N.W. llth Street, (such loca-
tion hereinafter referred to as the "premises"),, in crnfonnanoe with the pur-
poses and for the period stated herein and subject to all terms and condi-
ticns herein contained and fairly inplied by the terms hereinafter set forth:
(a) This Agreement shall commence on the 13th day
of- December , A.D., 19 82, and shall end on the 12th
Cuv of December , A.D. , 19_Q.� ,. This privilege may be extended or
renegotiated at the discretion of the City Manager upon request of Canteen
submitted in writing at least three (3) months prior to the termination date.
Failure to reach mutually agreeable terms for any renegotiation shall serve
to terminate this Agreawnt without penalty to either party. However, the parties
agree that either party may, at any time during the term of this Agreement, or any
extension thereof, terminate this Agreement by giving sixty (60) days notice in
writing to the other party of its intention to do so.
83-127
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(b) The CITY hereby provides without cost to Canteen, the nec-
essary space for the operation of said Vending Services, and shall furnish
without cost to Canteen all utilities and facilities reasonable and nec-
essary for the efficient performance of this Agreement by Canteen, including
and not limited to the following: heat, hot and cold water, lights, and
electric current, garbage removal services, and exterminator services. The
CITY shall, at its own cost and expense, install any such utility outlets
at the designated area where the Vending equipment is to be located.
(c) Canteen is hereby authorized to conduct the following kinds
of business and to provide the following kinds of services: Sale food pro-
ducts, non-alcoholic beverages, tobacco products, and other such articles
("products") as shall be approved by the CITY.
2. NOTICES
All notices from the CITY to the Canteen shall be deemed duly
served if mailed by registered or certified mail to canteen at the follow-
ing address: Canteen Food and Vending Service
(Division of Canteen Corporation)
16350 N.W. 48th Ave.
Hialeah, Florida 33014
All notices from the Canteen to the CITY shall be deemed duly
served if mailed to:
The City Manager
City of Miami
3500 Pan American Dive, Dinner Key
Miami, Florida 33133
The Canteen and the CITY may change the above mailing addresses
at anytime upon giving the other party written notification. All notices
under this Vending Service Agreement must be in writing.
3. DEFINITICN CF VEND= SERVICE (CANIM)
It is expressly understood and agreed that no part, parcel,
building, structure, equipment or space is leased to Canteen; that he is
a Vending Servicer and not a Lessee; that Canteen's right to operate the
Vending Service shall continue only so long as the Vending Service opera-
tion complies with the undertakings, provisions, agreements, stipulations
and conditions of this concession Agreement.
83--12 &'
f.
4. 00-PAiZ' T.RSHIP
Nothing herein contained shall create or be construed as creating
a co -partnership between the CITY and Canteen or to constitute Canteen as
an agent of the CITY.
5. MAINIENANM SERVICE
(a) Pursuant to the provisions of this Agreement, Canteen will
install, service, and maintain at high standards of quality, sanitation
and cleanliness, such mutually agreed number and type of vending machines
at mutually agreed locations for the sale of food products, non-alcoholic
beverages, tobacco products, and other such articles and will keep machines
adequately serviced and supplied with appropriate merchandise in good
quality and at reasonable prices, in accordance to Exhibit A.
(b) The CITY shall maintain its facilities where the Vending
Services are performed in a safe operating condition such that no Canteen
employee is exposed to or subjected to any unsafe situation which would
violate the Occupational Safety and Health Act, including but not limited
to the general duty and the specific duty clauses thereof, or any similar
Federal, state or local law or regulation.
(c) The CITY shall provide building maintenance and janitor
service, without cost to Canteen, in order to sweep, mop and keep the
Vending Service area and the Premises in a safe and clean condition.
6. PEWITS, LICENSES AND VMS
Canteen agrees to obtain all permits and licenses necessary for
the conduct of Vending Services and agrees to pay all Federal, state and
local taxes which may be assessed against Canteen's equipment or merchandise
while in or upon the Premises, as well as all Federal, state and local
taxes assessed in connection with the operation of its Vending Services
upon the Premises. Canteen also agrees to comply with all Federal, state
and local laws and regulations governing the preparation, handling and
serving of foods, and to procure and keep in effect all necessary licenses,
permits, and food handler's cards required by law, and to post such permits
within the vending areas in a prominent place as required by law. Canteen
agrees to comply with all applicable Federal, state and local laws and reg-
ulations pertainirg to wages and hours of employment.
The CITY shall pay all real estate taxes with respect to the
Premises and the CITY shall pay all personal property taxes and similar
taxes with respect to the C M's equipment located on the Premises.
83'-12'7
7. WIFLICT CP INTEFEST AND DISCRIMINATICN
Canteen shall hire all employees necessary for the performance of
this Agreement. upon being hired, such employees shall be subject to such
health examination as proper city, state, or Federal authority may require
in connection with their employment. All persons employed by Canteen will
be the employees of Canteen, and not of the CITY, and will be covered by
a fidelity bond. Canteen agrees that no employees of the CITY will be hired
by Canteen without permission of the CITY for a period of six (6) months
after the termination of their employment with CITY. Canteen, in perform-
ing work required by this Agreement, shall not discriminate against any
employee or applicant for employment because of race, creed, sex, color.
national origin or age, in violation of Federal, state or local law.
Canteen agrees that Canteen's employees and agents shall comply
with and observe all applicable rules and regulations concerning conduct
on the Premises which the CITY imposes upon the CITY's employees and agents.
8. CCNSIDERATICN
(a) Canteen agrees to pay the CITY 7% percent of Canteen's Monthly
net receipts. To this effect, a monthly payment and a report of said net
receipts shall be submitted to the CITY, each Calender month. The tents "net
receipts" is understood to mean gross receipts collected or accrued by
Canteen, less any Sales taxes, tobacco taxes and any other tax that affect
the Vending Service. In the event of an increase in said taxes or liens, or
a charge in said tax structure which increases Canteen's liability, the
Commission span of 7% (percent) shall not be reduced to compensate Canteen
for such increases or increased liability for the duration of this Agreement.
(b) Canteen will operate its Vending Services for the CITY on
the basis of twelve (12) (8 four -week and 4 five -week) accounting periods
which comprise its fiscal year. Prices for products sold through Canteen's
vending machines shall be in accordance with Exhibit A. All price changes
shall be irade upon mutual consent between the CITY and Canteen. Furthere
in the event of material cost changes, whether taxes, labor, merchandise,
equipment or otherwise, it is understood that Canteen shall not unilaterally
adjust said prices to reflect said increases, without the mutual consent of
the CITY and Canteen. Thus, the CITY is to receive the aforemention pro-
posed consideration as net amount, free and clear of all cost and charges.
83-127
9. MONTHLY REPORTING AND DEFAULT CF PAYMENT
The monthly report of net receipts, the commission payment computed
on that amount must be submitted to the CITY, through the Hunan Resources
Department, to be received not later than ten (10) days after the close of
each Calender month. If the commission payments are not received within thir-
ty (30) days after the normal monthly payment deadline, then it is expressly
agreed that the CITY shall have a continuing lien on all personal property
of Canteen on the premises, for all sums which may fran time to time become
due and unpaid to the CITY under this Agreement, and upon default of payment
by Canteen the CITY shall have the right to take possession of and retain
the sane until the full amount due shall be paid, or to sell the sane at
public auction and, after deducting the expense of such sale, apply the
balance of the proceeds to such payment and if there should be any defi-
ciency, to resort to any other legal remedy available to it.
10. AUDIT CF RIGHTS
The CITY reserves the right to audit the records of Canteen at
any time during the performance of this Agreement. All records shall be
kept on file by Canteen for a period of three (3) years fran the date the
record is made, and Canteen shall, upon reasonable notice, give the CITY
or its authorized representative the privilege at a reasonable time of in-
specting, examining, and auditing, during normal business hours, such of
Canteen's business records which are directly relevant to the financial
arrangements set forth in Exhibit A.
11. WkTVER CF CUUM
Canteen hereby expressly waives all claims for loss or damage
sustained by the Canteen resulting fran fare, water, tornado, and the Can-
teen hereby expressly waives all rights, claims, and demands and forever
releases and discharges the people of the City of Miami, Florida, from all
demands, claims, actions and causes of action arising from any of the afore-
said causes.
12. FOPRFSE NTATIVE CAPACITY
It is expressly understood and agreed by and between the parties
hereto that the members constituting the Department of Human Resources of
the City of Miami and its officers and agents are acting in a representative
capacity and not for their own benefit; and that neither Canteen nor any
Occupant shall have any claim against them or any of then as individuals in
any event whatsoever.
83--127
13. INSURANCE AND INDI V1FICATIGN
Canteen shall indemnify and save the CITY harmless from any
and all claims, liability, losses, and causes of action which may arise
from Canteen's negligent acts or cmissions of Canteen's agents or employees,
or losses, damages, injuries or death caused by Canteen's negligence and
arising out of the consumption of use of the Products sold; Canteen
shall maintain during the term of this Agreement the following insurance.
(a) Public Liability Insurance in the amounts of not less
than $300,00.00 per occurrence for death or bodily injury and not
less than $100,000.00 per occurrence for property damage. Above to in-
clude product liability.
(b) The C17Y shall be named as an additional insured under the
policies of insurance as required in Paragraph "A" of this Agreement.
(c) Autamobile Liability Insurance covering all owned, non -owed,
and hired vehicles in amounts of not less than $100,00.00 per accident
and $300,000.00 per occurrence of bodily injury and $10,000.00 per occur-
rence of bodily injury and $10,000.00 property damage.
(d) The CITY shall be given at least thirty (30) days advance
written notice of cancellation of said policies or any material modifi-
cations thereof.
(e) Certificates of insurance shall be filed with Finance De-
parbreent, Risk Management Division of the CITY.
(f) The insurance coverage required shall include those clas-
sifications as listed in standard liability insurance manuals, which most
nearly reflect the operations of a Veining Servioe.
(g) All insurance policies shall be issued by canpanies autho-
rized to do business under the laws of the State of Florida and must be
rated at least "A" as to management and Class "X" as to financial strength,
all in accordance to A.M. BEST'S M RATIM GUIDE, latest edition.
(h) The CITY reserves the right to amend the insurance require -
meets as circumstances dictate in order to protect the interest of the
CITY in this concession Agreement.
(i) Canteen shall furnish certificates of insurance to the CM
prior to the cam►encement of operations, which certificates shall clearly
indicate the OMMSIaWRE has obtained insurance in the type, amount,
and classifications as required for strict compliance with this covenant and
shall be subject to the approval of the Department of Finance, Risk Man-
agement Division.
(6) 83-127
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(j) The policy shall be indorsed as follows: It is agreed that
in the event of any claim or suit against the insured for damages covered
by this policy, the insurance cc pany will not deny liability by the use
of a defense based upon governmental immunity.
14. AT MOT' S FEES
In the event of any litigation between the parties to enforce any
of the terms or provisions of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees.
15. CAPTIONS
The captions contained in this Agreement are inserted only as
a matter of convenience and for reference and in no way define, limit or
prescribe the scope of this concession Agreement or the intent of any
provision thereof.
16. ENTIRE AGREEMENT
The provisions of the concession Agreement constitutes the en-
tire agreement between the parties and no prior agreements or representa-
tions shall be binding upon any of the parties unless incorporated in this
concession Agreement. No modification, release, discharge, or waiver of
any of the provisions hereof shall be of force and effect unless in writing
and signed by both parties.
17. NCN DISCRIMINATICN
Canteen agrees that there shall be no discrimination as to race,
sex, color, creed or national origin in cannection with it's use, main-
tenance and operation of the Vending Service.
18. ASSIG OEM
Neither Canteen nor the CITY may assign or transfer this Agreement,
or any part thereof, without the written consent of the other party.
It is mutually understood and agreed, and it is the intent of
the parties that: subject, where applicable, to the terms and oonditicns
set forth in the Direct Sale to the CITY financial arrangement, if such is
used, an independent contractor relationship be and is hereby established
under the terms and conditions of this Agreement: that employees of Canteen
are not nor shall they be deemed to be employees of the CITY; and, that
employees of the CITY are not nor shall they be deemed to be employees of
Canteen.
,,,
83-IL27
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20. CANTEEN'S TITI - TO VENDING MACHINES AND EQUIPMEN'!'
Subject, where applicable, to the leasing provisions set forth in
the Direct Sale to CITY financial arrangement, if such is used, all equipment
and automatic vending machines installed by Canteen pursurant to the provi-
sions of this Agreement are and shall at all times remain the property of
Canteen, with title vested in Canteen, and the CITY shall have no property
interest in said vending
machines and/or other
equipment.
The CITY agrees
to permit only employees
and agents of Canteen
to remove,
open, or tamper
with said vending machines and/or other equipment of Canteen.
IN WITNESS MiERF,X, the parties hereto have caused these presents
to be executed by the respective officials thereunto duly authorized, this
the day and year first above written.
Witnesses:
Assistant Secretary
Attest:
City Clerk
....,• �� • ••
-Canteen Food -Vending Service- _
(Division of Canteen CorporatiM)
CITY CF MIAMI, a municipal Corporation
of the State of Florida
By:
City Manager -
(8) 83-127
1
E X H I B I T A
EQUIPMENT SCHEDULE AND PRODUCT LIST WITH COMMISSION RATE
Type of ETiipment
and Quantity
Product
Snackshop II
(1)
Cookies
Crackers
Candy
Pastry
Gum
Mints
Chips
Hot Beverage
(1)
Vendor
Coffee - four ways
Tea - four ways
Soup and Hot Cl=ola to
Cuban Coffee
Machine
(1)
Coffee
Cigarette
Vendor
(1)
All Popular Brands
All Purpose
Merchandiser
(1)
Sandwiches
Milk & Juices
Fruit, Yogurt &
Novelty Items
Canned Beverage
Vendor
(2)
12 oz. Cans cold Coke,
Sprite, Tab and Fruit
Drink
Dollar Bill
Changer (1)
Microwave
Coen (1)
Omudssion
Price
Rate
$0.30
7% Net sales
0.30
7% Net sales
0.35
7% Net sales
0.45
7% Net sales
0.30
7% Net sales
0.35
7% Net sales
$0.25
7% Net sales
0.25
7% Net sales
0.25
7% Net sales
$0.25
7% Net sales
$1.00
7% Net sales
$0.60 to
7% Net sales
1.25
0.35
7% Net sales
0.35 to
0.75
7% Net sales
$0.45 7% Net sales
(9)
83-12I