HomeMy WebLinkAboutResolution - 2010-R0236 - Vending Services With Coca Cola Enterprises, Inc. - 05/27/2010Resolution No. 2010-RO236
May 27, 2010
Item No. 5.3
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Agreement No. 9501 for
beverage and snack vending services per RFP 10 -005 -FO, by and between the City of
Lubbock and Coca Cola Enterprises, Inc. Coca-Cola Bottling Company of North Texas,
and related documents. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on _ _ May 27, 2010
TOM MARTIN, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVED AS FO CONTENT:
Victor Kilman, lbirector of Purchasing
And Contract Management
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs RES.Agreement-Coca Cola Enterprises, Inc.
March 23, 2010
Resolution No. 2010-RO236
SERVICES AGREEMENT
This Services Agreement (this "Agreement") is entered into as of the 27th day of May,
2010 ("Effective Date") by and between Coca-Cola Enterprises Inc. Coca-Cola Bottling
Company of North Texas (the Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals (RFP 10-005-170) for Beverage
and Snack Vending Services; and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal
which best meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide
Beverages (defined herein) including vending services at the Locations (defined herein), upon
terms and conditions maintained in this Agreement.
NOW THEREFORE, for and in consideration of the mutual promises contained herein,
the City and Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which
are attached hereto and incorporated herein by reference, listed in their order of priority in the
event of inconsistent or contradictory provisions:
1. This Agreement
2. Scope of Services
3. Exhibits A though F
4. Insurance Requirements
Article 1 Services.
1.1 Contractor agrees to perform services for the City that are specified under the
Scope of Services.
1.2 Contractor shall use its commercially reasonable efforts to render Services under
this Agreement in a professional and business -like manner and in accordance with
the standards and practices recognized in the industry.
1.3 Non -appropriation clause. All funds for payment by the City under this
Agreement are subject to the availability of an annual appropriation for this
purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or
other liability, on the last day of the then -current fiscal year or when the
appropriation made for the then -current Agreement Year for the goods or services
covered by this Agreement is spent, whichever event occurs first. If at any time
funds are not appropriated for the continuance of this Agreement, cancellation
shall be accepted by the Contractor on thirty (30) days prior written notice, but
failure to give such notice shall be of no effect and the City shall not be obligated
under this Agreement beyond the date of termination.
1.4 Concessionaires. In the event City employs a Concessionaire for its City Bank
Auditorium and Coliseum and the Civic Center, the City will cause such
Concessionaires to purchase from Contractor all its requirements for Beverages to
the extent the City has any control of the Concessionaires. Such purchases will be
made at prices and on terms set forth in Contractor's existing agreement with
Concessionaire, if any. If no agreement exists between Concessionaire and
Contractor, such purchases will be made at prices and on terms set forth in this
Agreement. City acknowledges that there will be no duplication of allowances,
funding or benefits (including pricing) to City or Concessionaire if
Concessionaire has an existing agreement with Contractor. This Agreement will
not apply to Concessionaires that lease property for events where the City of
Lubbock does not control such concessions.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be
construed in accordance with the laws of said State, without reference to choice of
law provisions.
2.2 This Agreement and its Exhibits contains the entire agreement between the City
and Contractor and supersedes any and all previous agreements, written or oral,
between the parties relating to the subject matter hereof. No amendment or
modification of the terms of this Agreement shall be binding upon the parties
unless reduced to writing and signed by both parties.
2.3 This Agreement may be executed in counterparts, each of which shall be deemed
an original.
2.4 In the event any provision of this Agreement is held illegal or invalid, the
remaining provisions of this Agreement shall not be affected thereby.
2.5 The waiver of a breach of any provision of this Agreement by any parties or the
failure of any parties otherwise to insist upon strict performance of any provision
hereof shall not constitute a waiver of any subsequent breach or of any subsequent
failure to perform.
2.6 This Agreement shall be binding upon and inure to the benefit of the parties and
their respective heirs, representatives and successors and may be assigned by
Contractor or the City to any successor only on the written approval of the other
party; provided, however, that Contractor may assign this Agreement in connection
with its reorganization or the sale of all or substantially all of its assets.
2.7 All claims, disputes, and other matters in question between the parties arising out
of or relating to this Agreement or the breach thereof, shall be formally discussed
and negotiated between the parties for resolution. In the event that the Parties are
unable to resolve the claims, disputes, or other matters in question within thirty
(30) days of written notification from the aggrieved party to the other party, the
aggrieved Party shall be free to pursue all remedies available at law or in equity.
2.8 City shall not obtain, by this Agreement, any right, title or interest in the
trademarks of The Coca-Cola Company or Contractor, nor shall this Agreement
give City the right to use, refer to, or incorporate in marketing or other materials
the name, logos, trademarks or copyrights of Contractor or The Coca-Cola
Company.
2.9 Subject to and except as otherwise permitted under applicable federal or state
laws, during the Term, and for a one (1) year period thereafter, the parties shall
keep the terms of this Agreement confidential.
2.10 Notices. Any notices or other communication hereunder shall be in writing, shall
be sent via registered or certified mail, and shall be deemed given when received.
If to Contractor: Coca-Cola Enterprises Inc. d/b/a Coca-Cola Bottling
Company of North Texas
Attention: On Premise Sales Center Manager
with a copy to:
Coca-Cola Enterprises Inc.
2500 Windy Ridge Parkway
Atlanta, Georgia 30339
Attention: General Counsel
If to City: City of Lubbock, TX
Attention:
Article 3 The City Right to Audit
3.1 At any time during the Term of the Agreement, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and
at reasonable times, reserves the right to audit Contractor's records and books
relevant to all services provided to the City under this Agreement. Such audits, if
requested, will take place during normal business hours and conducted at
Contractor's place of business; and Contractor will work with City only and no
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third party auditors. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of
such overpayments within thirty (30) days of such audit findings, or the City, at
its option, reserves the right to deduct such amounts owing the City from any
payments due Contractor.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
City of Lubbock, Texas
�y
Tom Martin, Mayor
TEST:
Reb cca Garza, City Secret
Victor Kilan, irector of Purchasing and
Contract Management
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
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Coca-Cola Bottling Company of North
Texas
By:
Name: R ald D.J. Smith
Title: Price Execution Manager
Resolution No. 2010-RO236
SCOPE OF SERVICES
1. FULL SERVICE VENDING / FOUNTAIN & CASE SALES
1.1 Machines
Contractor shall furnish and install high quality Beverage vending machines and all
related equipment. The machines shall be modern, of the latest mechanical/electronic
technology and be in new or near new condition. In no case shall machines older than
five (5) years be installed.
All machines shall show the Contractor's name, a local service telephone number for
reporting of machine malfunctions, the person or office within the Contractor's
organization responsible for refunds, and regular days of the week for re -stocking of
the machines. In addition, for identification purposes, each machine shall have serial
or I.D. numbers that are visible and easily located.
The machines will be operated by the Contractor in such a way as to fully comply with
all federal, state and local laws, as well as City policies. Should any federal, state, or
city ordinance, regulation or policy change during the Term of the Agreement, the
Contractor will be expected to comply with these changes upon written notice of such
changes.
1.2 Locations
The City will work with Contractor to designate optimum placement of machines. The
City makes no representation regarding availability of any location or of the number of
machines that may be placed at any location, and may occasionally direct that
machines be removed by Contractor from selected locations. The number, type, and
location of Beverage vending machines will be adjusted on occasion by mutual
agreement, in writing, between the City and the Contractor.
The City reserves the right at any time to require the Contractor to remove, relocate, or
place additional vending machines and related equipment at existing and/or new
locations to meet new or unanticipated requirements that might become known during
the Term (defined herein) of the Agreement. The Contractor shall provide and install
additional machines at no charge to the City. In addition, the City may request that a
machine be exchanged at any time. Should the Contractor wish to relocate, exchange,
or remove vending machines, a request must be submitted in writing to the City
Representative.
1.3 Utilities
The City shall provide existing electrical outlets in the general vicinity of the machines
at no charge. In addition, the City will pay for electrical consumption required to
operate machines installed under the Agreement. If additional infrastructure is
required for additional machines, the Contractor shall be responsible for all costs
incurred in any expansion in vending machine opportunities. The City must approve
any expansion, prior to project inception.
1.4 Installation/Removal of Equipment
Installation, service and removal of vending machines and related equipment shall be
the sole responsibility of the Contractor at no additional cost to the City.
Upon installation, the successful Contractor shall furnish the City Representative with
a list of machines by location, indicating machine capacity, Product selection and size,
serial numbers, and date of installation.
Contractor will install and secure machines in a manner that meets City code and has
been approved by the City prior to machine placement.
1.5 Equipment Damage
Contractor shall assume all risk and responsibility for any loss, destruction, or damage
occurring to the machines or other vending equipment, unless such loss is due to the
negligence or willful misconduct of City, its employees, agents or contractors. In the
event of any loss due to theft, fire, accident, disruption of utility services, vandalism,
spoilage or other similar causes from said machines, the loss shall be borne by the
Contractor unless loss is caused negligence or willful misconduct of City, its
employees, agents or contractors. Machines provided shall be equipped with anti -theft
technology.
1.6 Equipment Specifications
Machines provided shall be quiet and non -disruptive to the activities occurring in City
facilities, and shall be aesthetically acceptable to the City. The City may reject
machine signage or logo if deemed objectionable or a distraction to the activities
occurring in the vicinity.
To maximize the potential of each location, machines provided must be of adequate
size and capacity to maintain full and uninterrupted service at all times. Machines
shall be capable of holding and dispensing a variety of Products and sizes. The
machines will vend either recyclable plastic bottles or recyclable cans; glass containers
are not acceptable.
All machines shall be equipped to accept legal U.S. tender, be equipped with dollar
bill validators, and payment mechanisms which accept combinations of dollar bills,
nickels, dimes and quarters. In addition, each machine must have bill change
capabilities.
To ensure accurate record keeping, all machines shall be equipped with non-resetable
counters, which indicate unit sales. If multiple Products are dispensed from the same
machine, a separate dispensing counter is required for each separate commission rate
dispensed. Upon initial installation of the machines, Contractor shall submit starting
3
machine counter numbers to the City's designated Contact Manager for each vending
machine.
Machines provided shall operate on AC -110 volts with a three -wire, three -prong
ground type plug. All machines shall be UL listed, designed, constructed, installed and
operated in accordance with City, State and Federal codes and regulations for this type
of equipment.
1.7 Service of Machines
Service will be maintained by the Contractor on a 24-hour, seven -day -a -week basis.
Generally, the City expects that service calls will be responded to within four (4) hours
after notification of need during the period of 7:00 am and 4:00 pm on business days.
Equipment furnished for special events shall be repaired or replaced in approximately
one (1) hour after notification in order to minimize the losses from sales from these
events. Contractor will furnish the City Representative with a service number that will
allow for service outside of the normal servicing times.
Preventative maintenance and repair of vending machines and related equipment shall
be the responsibility of the Contractor in terms of expense and response time. The
Contractor will conduct routine service and inspection of machines, as required and
posted on the front of the machine so as to maintain uninterrupted service at all times.
Contractor shall be responsible for the physical inventory, inventory control, and
filling of machines. The Contractor shall make every effort to re -stock machines at
times that will not conflict with peak usage times. Product delivery shall be made on a
mutually agreed upon schedule at each location. No inventories will be maintained at
any City locations.
Trained, qualified personnel identified by a clearly marked and openly displayed
company insignia and/or uniform will perform all service. In addition, all such persons
shall carry company issued photo identification and shall present such documents to
anyone on request.
The Contractor shall comply with all Federal, State, and City regulations governing
the procurement, preparation, storage, transport, handling and serving of all items for
consumption under this Agreement. In addition, the Contractor shall keep in effect all
necessary licenses and permits required by law and agree to post such permits in a
prominent place as may be required by law.
Contractor shall keep the machines in a clean and sanitary condition. This requirement
includes interiors, exteriors, tops, and the areas under the machines.
1.8 Products to Be Dispensed
The City desires a wide variety of Beverages to be provided by the Contractor as listed
in Exhibit A and Exhibit B. The Beverages that will be dispensed shall be determined
by what is proven to result in the highest sales at a particular location based on actual
and projected customer demand. Once the City has approved the initial Product line
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offered, the Contractor will be allowed to add or delete Products with prior written
approval from the City Representative. The City reserves the right to request that a
Product be replaced at any time.
1.9 Product Sizes
The specific Products and the size of the Products that will be sold from a specific
machine will be determined by the Contractor and the City based on the
appropriateness of the Product, location of the machine and sales projections.
1.10 Fountain Sales
At the option of the City, the Contractor will have exclusive rights to dispense its
Products through fountain sales at City Bank Auditorium and Coliseum. The specific
locations, type of dispensing equipment, Products dispensed, service level, cups and
other issues related to fountain sales will be mutually agreed upon by the parties.
1.11 Case Sales
Although the City anticipates that most sales will be generated through vending
machines, a small percentage may be generated directly by case sales. Any Product
authorized by the City to be sold in vending machines can be sold through case sales,
in accordance with the price schedule set forth in Exhibit A.
2. CONTRACT MANAGEMENT
The City will appoint a City representative to represent the City in the implementation
of this Agreement. The Contractor will work closely with the City representative to
ensure that all aspects of the Agreement are executed with the utmost efficiency and
professionalism.
2.1 Products
After the initial Product line is approved, the City Representative must approve any
new Product or dispensing size.
2.2 Price Increases
Any adjustments in unit prices or commission rates shall be negotiated between the
City and the Contractor.
2.3 Machines
Placement of additional machines, removal and or relocation of existing machines
must be approved and coordinated by the City Representative. Machine placement
must comply with Fire Marshall and safety regulations.
2.4 Advertising
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Any signage, logo, promotions, promotional material or anything that the City may
construe as advertising intended to promote sales must be approved by the City
Representative before distribution or placement.
2.5 Agreement Period
The term of the Agreement ("Term") will begin effective as of the first day of the
month immediately following the date this Agreement is fully executed by both parties
("Effective Date") and shall continue for a period of five (5) years. The City reserves
the right, under the same terms and conditions in this Agreement, to extend the
Agreement by written notice to Contractor for an additional five (5) years, not to
exceed a total of ten (10) years from the Effective Date of this Agreement.
3. ACCOUNTING REQUIREMENTS
The Contractor shall maintain complete and accurate records of vending transactions
including collections and inventories of both merchandise and equipment in
accordance with the accepted industry standards, and will keep financial records
related to this Agreement for a period of three years after the close of each Agreement
Year's operation.
4. REPORTING
4.1 Commissions
Contractor shall remit the monthly commission due to the City on or before the
fifteenth (15th) business day following the end of the month just ended. In support of
each commission check issued, the Contractor is required to attach an itemized
statement indicating:
For each location:
Net sales and commissions.
For each machine:
• Counter readings —indicating beginning and ending counter readings.
Explanation of counter discrepancies resulting from malfunctions or repairs to
the Machines. Unit sales for each type of Product sold in each machine.
CITY OF LUBBOCK, TEXAS
Beverage/Snack Vending Services
RFP 10 -005 -FO
INSURANCE
SECTION A. Prior to the approval of this Agreement by the City, the Contractor shall furnish
a completed Insurance Certificate, along with a copy of the additional insured endorsement, to
the City, which shall be completed by an agent authorized to bind the named underwriter(s) to
the coverages, limits, and termination provisions shown thereon, and which shall furnish and
contain all required information referenced or indicated thereon. THE CITY SHALL HAVE
NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section
during the effective period of the Agreement and to require adjustment of insurance coverages
and their limits when deemed necessary and prudent by the City based upon changes in
statutory law, court decisions, or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles, the
Contractor shall obtain and maintain in full force and effect for the duration of this Agreement,
and any extension hereof, at Contractor's sole expense, insurance coverage written by
companies with a minimum rating of A -VII by the A.M. Best Company, in the following
type(s) and amount(s):
1. Worker's Compensation The Contractor shall elect to obtain worker's compensation
coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall
maintain said coverage throughout the Term of the Agreement and shall comply with all
provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said
coverage. Any termination of worker's compensation insurance coverage by Contractor or
any cancellation or non -renewal of worker's compensation insurance coverage for the
Contractor shall be a material breach of this Agreement. The Contractor may maintain
Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In
either event, the policy must be endorsed to include a waiver of subrogation in favor of the
CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK
proof of Employers' Liability in an amount no less than $500,000.
2. Commercial General Liability: General Aggregate of 200,000
3. Automobile Liability insurance, including: Combined Single Limit for bodily injury and
property damage of $ 200,000 per occurrence
Any Auto
The City of Lubbock shall be named an additional insured with a waiver of
subrogation in favor of the City on all coverage's. All copies of the Certificates of
Insurance shall reference the project name or bid number for which the insurance is
being supplied.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts
and certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as
additional insureds, (as the interest of each insured may appear) as to all applicable
coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
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d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers,
employees, and elected representatives for injuries, including death, property damage,
or any other loss to the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this Agreement 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.
f. All copies of the Certificates of Insurance shall reference the project name or bid
number for which the insurance is being supplied.
NOTICES
The Contractor's insurer(s) shall notify the City in the event of any change in coverage and
shall endeavor to give such notices not less than 30 days prior the change, which notice must
be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13`x' Street, Room L04
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance
supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for
damages and accidents as set forth in the Agreement. Neither shall the bankruptcy, insolvency,
or denial of liability by the insurance company exonerate the Contractor from liability.
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Resolution No. 2010—R0236
Exhibit A
Pricing Sheets
Vend Price
• Vend Prices for Full Service Vending Rate
Commission Rate
o $0.75 12oz cans in Sparkling brands
35%
o $0.75 12oz 300L Dasani Water
35%
o $1.00 12oz Glaceau Vitamin Water
20%
o $1.25 20oz bottles in Sparkling brands i.e.
35%
(Coca-Cola, Dr Pepper, Sprite, Coke ZERO, diet Coke,
etc.)
o $1.25 20oz bottles in Dasani bottled water (regular)
35%
o $1.50 20oz bottles in PowerAde
20%
o $2.00 16oz Energy Drinks
20%
o $2.00 20oz Glaceau Vitamin Water
20%
*Commissions are paid based on cash collected after deducting taxes, deposits, recycling
fees, other government -mandated fees, communication charges and credit and debit card
fees, if any, from each vending machine by period. Commissions shall not be payable on
any sales from vending machines not filled or serviced exclusively by Contractor. One
check/payment will be paid to the City of Lubbock monthly, by the 30`x' of the month
following the month the commissions are earned. Contractor may adjust the vend prices
and/or commission rates as necessary to reflect changes in its costs, including cost of
goods.
• Direct Delivery Product Pricing - Pricing by individual cases, outside of Full Service
Vending:
o Product / Description
0 20oz Bottles -Carbonated Soft Drinks, Nestea,
Minute Maid Brands
0 20oz Bottles - Dasani Water (regular)
0 20oz Bottles PowerAde -
0 20oz Bottles Glaceau Vitamin Water-
• 16oz Energy -
0 12oz Cans -Carbonated Soft Drinks, Nestea,
0 12oz PET Bottles— Dasani Water
0 1 liter PET Bottles — Dasani Water
0 12oz PET — Carbonated Soft Drinks
0 15.2 oz -100% Minute Maid Juices
Price per Case
$20.50
$13.90
$19.80
$24.96
$34.00
$8.20
$8.20
$13.50
$20.60
$22.80
NOTE -Direct Delivery price offer will be good through December 31", 2010.
Thereafter, prices are subject to increase to the City of Lubbock, however, Direct
Delivery prices will not to exceed 4.5% annually, except in the event of an increase in
Contractor's cost of goods, operating, or delivery.
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Exhibit B
Product Mix Vending Sales
Vending Machine Products
Resolution No. 2010-R0236
• 20oz Bottles - Carbonated Soft Drink Vending Machines (Stack Vendors)
o
Coca-Cola
o
Coca-Cola ZERO
o
Diet Coke
o
Sprite
o
Dr Pepper
o
Dasani Water
• 12oz Cans - Carbonated Soft Drink Vending Machines (Stack Vendors)
o Coca-Cola
o Coca-Cola ZERO
o Diet Coke
o Sprite
o Dr Pepper
o Option selection - Fanta Orange, Barq's Root Beer, Diet Dr Pepper, Nestea,
Diet Dr Pepper, Cherry Coke, Big Red, Minute Maid Lemonade
o Dasani Water
• 20oz Bottles - Non Carbonated/Energy Vending Machines (Stack Vendors)
o Dasani Water
o Glaceau Vitamin Water XXX
o Glaceau Vitamin Water Power C
o PowerAde Mountain Blast
o PowerAde Fruit Punch
o Minute Maid Orange Juice
o Option selection - PowerAde Grape, PowerAde Orange, Energy Drinks
• Energy Machines - 16oz cans and 20oz bottles
o Full Throttle
o Monster
o Full Throttle Blue Demon
o NOS
o Dasani
• Glass Front Vendors - Carbonated Soft Drinks (Stand Alone Machine)
o Coca-Cola
o Coke ZERO
o Diet Coke
o Sprite
o Dr Pepper
o Option - Diet Dr Pepper, Barqs Root Beer, Cherry Coke, Vault, Fanta Orange,
Bid Red, Nestea Sweet w: Lemon
o Option - Energy Drinks
10
o Dasani Water
Glass Front Vendors — Non Carbonated/Energy (Stand Alone Machine)
o Dasani Water
o Glaceau Vitamin Water Power C
o Glaceau Vitamin Water XXX
o Minute Maid Orange Juice
o Energy — Full Throttle
o Energy — Monster
o PowerAde — Mt Blast
o PowerAde — Fruit Punch
Glass Front Vendors in a multiple bank of equipment would not duplicate most brands unless
sell warrants additional inventory in second machine.
Product Brand/Flavor
Big Red
Classic
Diet Coke
Diet Dr Pepper
Dr Pepper
Sprite
Tab
Diet Sprite Zero
DP CHERRY
DDP CHERRY
Fanta Grape
Fanta Orange
Vault
MM Lemonade
MM Orangeade
Nestea Sweetened Lemon
DIET Nestea Sweetened Lemon
Nestea Green Tea 12oz Can FP
Vanilla Coke
Vanilla Coke Zero
Classic
Coca-Cola Zero
Diet Coke
Dr Pepper
Dt Dr Pepper
Sprite
Barq's Root Beer
Big Red
CC Chry Zero
CF Diet Coke
Cherry Coke
Classic
Coca-Cola Zero
Diet Coke
Diet Dr Pepper
Diet Sprite Zero
Dr Pepper
DP CHERRY
DDP CHERRY
Fanta Grape
Exhibit C
Case Sale Products
12
Resolution No. 2010—R0236
Packed per case
4-6pks 12oz Cans
4-6pks 12oz Cans
4-6pks 12oz Cans
4-6pks 12oz Cans
4-6pks 12oz Cans
4-6pks 12oz Cans
4-6pks 12oz Cans
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12PK 12oz Can
12oz 8 Pk
12oz 8 Pk
12oz 8 Pk
12oz 8 Pk
12oz 8 Pk
12oz 8 Pk
20oz
20oz
20oz
20oz
20oz
20oz
20oz
20oz
20oz
20oz
20oz
20oz
20oz
20oz
20oz
Units per case
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
Fanta Orange
Fanta Strawberry
20oz
24
Fresca
20oz
24
Sprite
20oz
24
Vault
20oz
24
Vault Red Blitz
20oz
24
Vault Zero
20oz
24
Vanilla Coke
20oz
24
MM Fruit Punch
20oz
24
MM Lemonade
20oz
24
MM Orangeade
20oz
24
MM Pink Lemonade
20oz
24
NESTEA POME/PASSION FRUIT RED TEA
20oz
24
Nestea Sweet Lemon 20oz
20oz
24
Nestea Green Citrus 20oz
20oz
24
PA Fruit Punch
20oz
24
PA Grape
20oz
24
PA Lemon -Lime
20oz
24
PA Mountain Blast
20oz
24
PA Orange
20oz
24
PA STRAWBERRY LEMONADE
20oz
24
Apple
MM 450m1
24
Cran Apple Rasp
MM 450m1
24
Crap Grape
MM 450ml
24
Orange
MM 450m1
24
Ruby Red Grapefruit
MM 450m1
24
Pineapple Orange
MM 450m1
24
Vitaminwater 10 Energy 20oz
20OZ
24
Vitaminwater 10 Essential 20oz
20OZ
24
Vitaminwater 10 Multi -V 20oz
20OZ
24
Vitaminwater 10 XXX 20oz
20OZ
24
Vitaminwater Balance
20OZ
24
Vitaminwater B -Relaxed
20OZ
24
Vitaminwater Endurance
20OZ
24
Vitaminwater Defense
20OZ
24
Vitaminwater Energy
20OZ
24
Vitaminwater Essential
20OZ
24
Vitaminwater Focus
20OZ
24
Vitaminwater Formula 50
20OZ
24
Vitaminwater Multi -V
20OZ
24
Vitaminwater Power -C
20OZ
24
Vitaminwater Rescue
20OZ
24
Vitaminwater Revive
20OZ
24
13
Vitaminwater XXX
20OZ
24
DASANI
Fridge Pack 12oz
24
DASANI
20oz
24
DASANI
l ltr
12
NOS
16OZ
24
FULL THROTTLE
16OZ
24
FULL THROTTLE BLUE DEMON
16OZ
24
FULL THROTTLE UNLEADED
16OZ
24
Monster 16oz
16OZ
24
Monster Mixxed 16oz
16OZ
24
Monster M-80 16oz
16OZ
24
Monster Lo-Carb 16oz
16OZ
24
Monster Khaos 16oz
16OZ
24
Monster Assault 16oz
16OZ
24
14
Exhibit D
Fountain Equipment and Supplies
• Fountain Equipment
Resolution No. 2010-R0236
o A review of fountain drink units located throughout the City will be identified to
ensure units are up to date. In the event the units identified do not meet the
criteria listed below and due to lack of sells, units will be exchanged with 20oz
bottle coolers if Product sales are still needed. Placement of fountain
equipment, and or removal of existing equipment must be approved and
coordinated by the City Representative.
Fountain Equipment Criteria: A minimum of 500 annual gallons per piece of
equipment in the drop in, free standing or countertop models is necessary to
warrant fountain unit ROI and is also the minimum sell through in order for
Product optimum taste offreshness to be experienced from the consumer
standpoint. (A minimum of 800 annual gallons is necessary per piece of
equipment in the countertop/ice dispensers model).
o Contractor will supply cups, lids and CO2 for all units supplied by Contractor at
the following prices through December 315`, 2010. Pricing will be good through
December 31, 2010. Thereafter, pricing listed below will be subject to change
due to increase in Contractor's cost of goods and/or operating costs, not to
exceed 4.5% annually, except in the event of an increase in Contractor's cost of
goods, operating, or delivery.
o Pricing as follows:
• 5 gallon BIB's
• 2.5 gallon BIB'S
• CO 2 — 201b
• 16oz cups per case
• 24oz cups per case
• 32oz cups per case
$13.06 per gallon
$14.11 per gallon
$19.25 per cylinder plus deposit
$22.90 (packed 500)
$30.91 (packed 500)
$30.91 (packed 300)
Resolution No. 2010-RO236
Exhibit E
Additional Information
• Methodology of handling errors and omissions — Local Management of Contractor will
work with local City of Lubbock entities to and procurement offices in resolving any
errors or omissions that may result from oversight or human error. Contractor has
specialized departments in the area of Accounts Receivable, Accounts Payable, Human
Resources, Pricing Department, etc. to assist local facilities to support local
management with such situations.
Additional Considerations
• In the spirit of providing the City of Lubbock an opportunity to utilize incremental
funding for employee functions, needed revenue for other projects such as advertising
the City of Lubbock, mutually agreed upon programs or projects that will stimulate
growth in all sectors of the local business community, Contractor will provide the
following funding ("Funding") to help towards any project or need that the City
Lubbock deems necessary.
• Contractor will pay City Funding in the amount of Five Thousand Dollars ($5,000.00)
annually to be paid within thirty (30) days after the end of each Agreement Year.
16 12 DSS
Resolution No. 2010-RO236
Exhibit F
DEFINED TERMS
1. "Agreement Year" means each twelve-month period during the Term beginning with the
first day of the Term.
2. "Beverage" or "Beverages" shall mean all nonalcoholic beverages of any kind including
concentrated energy drinks in small servings and the pre -mix and/or post -mix syrups used to
prepare fountain Beverages. "Beverage" or "Beverages" shall not include fresh -brewed
unbranded coffee and fresh -brewed unbranded tea products, unflavored dairy products, water
drawn from the public water supply or unbranded juice squeezed fresh at the Locations.
3. "Competitive Products" shall mean all Beverages which are not Products.
4. "Concessionaire" means any current or future third -party food service provider under
agreement with City at the Locations that directly or indirectly relate to the service of
Beverages.
5. "Locations" shall mean the entire premises of only the locations which are 100%
owned, operated by or under the authority of the City of Lubbock, TX and includes, without
limitation, the vending and concession areas.
6. '`Products" shall mean Beverage products purchased directly from Contractor or sold
through vending machines owned and stocked exclusively by Contractor.
17