HomeMy WebLinkAbout1987-341
RESOLUTION NO. 87-341
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
A LICENSE AGREEMENT WITH MC GEE & SONS VENDING RELATING TO THE PLACEMENT
3 OF VENDING MACHINES IN PUBLIC BUILDINGS.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and the City of San Bernardino is hereby authorized
7 and directed to execute on behalf of said City an Agreement with MC GEE &
8 SONS VENDING relating to the placement of vending machines in public buildings
9 in the City of San Bernardino, California, a copy of which is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as though fully set
II forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
13 the Mayor and Common Council of the City of San Bernardino at a
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regular
meeting thereof, held on the
21st
day
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of
September
, 1987, by the following vote, to wit:
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AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
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Minor, Pope-Ludlam , Miller
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NAYS:
None
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ABSENT:
None
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M/#m~~
./ Ci ty Cl erk
The foregoing resolution is hereby approved this ,,:2.2.)r..<<(
day
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of September
, 1987.
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Mayor of 'the City of San Befnardino
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I Approved as to form
I and legal content:
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09/02/87
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l__ 1 T R I L~ EST INS S E H V ICE B
POBOX (/004
VAN NUYS~ CA 91409
INt>UHf.lt-.!CE CD~IP('.'INY OF TI.IF ~..li:::t;T
MCGEE & SONS VENDING
DBA: BREWTIME SYSTEMS
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BREA, Cf'=-. 92691
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This is to certify thai po!rc:(<. 01 Irlsurcll1ce listed beluw have been
term or condition of C()cltract (:or oHier d')r:u:nenl witti tn
herein IS subject to trll terms ex-;lrJ:",()!iS and conditions such pui: ,oc
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08/20/8"7
CITY OF SAN BERN('H~OIN()
ATT: CITY CL.ERK
300 N. /I Bit STHF,:ET
SAN BERNARDINO, CA 92418
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ACORD 25 (1791
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LICENSE AGREEMENT
2
(vending machines - public buildings)
3 THIS AGREEMENT is made and entered into at San Bernardino California,
4 thi s 7~t:L- day of (~~0 , 1987, by and
5 between the CITY OF SAN BERNARDINO, a municipal corporation, ("CITY"), and
6 ~1C GEE & SONS VENDING, a California corporation, ("VENDOR").
7 The parties agree as follows:
a) CITY grants to VENDOR a revocable license to
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1. License Granted
9 place vending machines in locations designated by CITY in public buildings
10 owned by CITY in the CITY OF SAN BERNARDINO, California. Vending Machines
11 may be placed at designated locations and may vend the merchandise as set
12 forth in "specifications", a copy of article is attached hereto as Exhibit
13 "1" and made a part hereto as though fully set forth at this point.
14
(b) Any change in any term of the specifications shall be made using
15 the purchase order and change order procedures of the Purchasing Department.
16 This Agreement may not otherwise be amended except with the approval of the
17 Mayor and Common Council.
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2. Term. This Agreement is for a three-year term commencing on the
19 date set forth above. The Agreement may be terminated before the expiration
20 of its three year term. City may terminate this Agreement at any time upon
21 five days' advance written notice to VENDOR. At the termination of this
22 license, VENDOR shall forthwith remove all of its property and equipment
23 from City's premises.
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3. Location of Machines. City shall have the sole and exclusive right
25 to designate the location and placement of Vendor's machines. If CITY
26 determines that VENDOR has placed an excessive number of machines at any
27 location, VENDOR shall remove the excess machines from City's premises forth-
28 with upon written demand from the Superintendent of Public Buildings.
09/02/87
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4. Operating Responsibilities.
(a) Cleanliness.
VENDOR shall keep its equipment locations clean
at all times. No fire hazard or public health or safety hazard shall be
permitted.
5. Workers' Compensation Insurance and Taxes.
VENDOR shall maintain
in force at all times during the period of this license, workers' compensation
insurance satisfactory to CITY and shall present evidence of such coverage to
City's Risk Management Division. VENDOR shall also pay all taxes, including
the City business license tax, for its operations under this Agreement.
6. Insurance. VENDOR agrees to procure and maintain in force during
their term of this agreement and any extension thereof, at its expense,
public liability insurance in companies and through brokers approved by City,
adequate to protect against liability for damage claims through public use
of or arising out of accidents occuring in or around the property, in a min-
imum amount of $500,000.00 combined single limit. VENDOR shall provide to
CITY a certificate of insurance and an additional insured endorsement which
includes:
(a) The City of San Bernardino as an additional insured.
(b) The insurance company name, policy, number, period of coverage and
the amount of the insurance.
(c) That the City Clerk of the City of San Bernardino must be given
notice in writing at least 30 days prior to cancellation, material change or
refusal to renew the policy.
(d) That VENDOR'S insurance will be primary to any coverage the City
of San Bernardino may have in effect.
7. Pricing. VENDOR shall sell its products at prices which are consis-
tent with selling prices of like merchandise throughout the geographical area.
VENDOR shall notify the City's Purchasing Agent, in writing, of all price
09/02/87
1 changes at least 10 days before the effective date of such change.
2 8. Personnel - Uniforms. All of VENDOR'S personnel hired to service
3 the equipment shall be neatly uniformed at all times and shall observe any
4 reasonable rules and regulations of CITY.
5 9. Vendor to Bear All Losses of Equipment. VENDOR shall bear all losses
6 for any damage to equipment or merchandise and all losses of equipment or
7 merchandise from any cause whatsoever while on the premises of CITY.
8 10. Utilities. Utilities will be provided by CITY.
9 11. Hold Harmless. VENDOR agrees to, and shall, hold CITY its elective
10 and appointive boards, commissions, officers, agents and employees harmless
11 from any liability for damage or claims for damage for personal injury,
12 including death, as well as from claims for property damage which may arise
13 from VENDORS operations under this Agreement, whether such operations be by
14 VENDOR or by anyone or more persons directly or indirectly employed by or
15 acting as agent for VENDOR. VENDOR agrees to and shall defend CITY and its
16 elective and appointive boards, commissions, officers, agents and employees
17 from any suits or actions at law or in equity for damages caused, or alleged
18 to have been caused by reason of any of VENDOR'S operations hereunder.
19 12. Signs. Except for signs which are part of the equipment, no signs
20 of any kind shall be displayed on premises which are the subject of this
21 Agreement without the prior written approval of the Superintendent of Public
22 Buildings.
23 13. Compensation to City. VENDOR will pay to CITY, at least quarterly,
24 an amount equal to the following percentage of gross sales:
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09/02/87
1 Upon CITY.S demand, VENDOR shall make available for CITY.S inspection
2 its records relating to equipment placed on CITY.S premises, so that CITY may
3 verify the accuracy of VENDOR'S computation of payment due to CITY.
4
14. Notices. All notices herein required shall be in writing and
5 delivered in person or sent by certified mail, postage prepaid, addressed as
6 follows:
7
Purchasing Agent
City of San Bernardino
250 W. Cluster St.
San Bernardino, CA. 92408
Mc Gee & Sons Vending
590-B Appollo Street
Brea, CA. 92621
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10 IN WITNESS WHEREOF, the parties hereto have executed this license agree-
11 ment on the date first hereinabove written.
12
CITY OF SAN BERNARDINO
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ATTEST:
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~L2///?t?~G~
Cfty Clerk
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MC GEE & SONS VENDING
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BY:~~\)~~J:::>_
Title ~~.
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300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418-0151
WARREN A. KNUDSON
Director of Finance
FINANCE DEPARTMENT
TROY MINNING
Assistant Director of Finance
Administrative Division
Accounting Division
Telephone: 384-5242
DEAN R. MEECH
Purchasing Agent
Purchasing & Stores Division
250 West Cluster
San Bernardino 92408
Telephone: 384-5085
NOTICE INVITING BIDS
SPECIFICA lION NUMBER F-88-o2
Notice is hereby given that the City of San Bernardino will receive bids for:
The furnishing and delivering of Vendi ng Machi nes - Ci ty Wi de
in accordance with Specification No. F-88- 02 , on file in the office of the Purchasing Agent,
250 West Cluster Street, San Bernardino, California 92408. Deliver all bids to the office of the
Purchasing Agent by 10:00 a.m., Friday, August 28th, 1987 whereat
said place and time said bids will be publicly opened, examined and declared. Obtain all information
relative to specification requirements, purchasing procedures, and information relating to bonds
from the office of the Purchasing Agent.
DEAN R. MEECH
Purchasing Agent
Da ted:
August 7, 1987
Notice to advertise, Spec. No.
F-88-02
~
PfHOE f'" rno;:!, ?Et::S
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The issue shall appear on or before 08/14/87
By Susan Gaddy Da~ 08/07/87
GENERAL AND TECHNICAL SPECIFICATIONS
SPECIFICATION NO. F-88-02
PROVISION OF
FACILITIES AND EQUIPMENT - RELATED
VENDING MACHINES CITY WIDE
FOR
THE CITY OF SAN BERNARDINO, CALIFORNIA
NOTICE TO BIDDERS
SERVICES
IT IS NOT THE INTENT OF CITY TO RULE OUT OR ELIMINATE ANY PROSPECTIVE
BIDDER OR PROVIDER OF SERVICES. IF THE SERVICE YOU INTEND TO BID DOES
NOT COMPLY WITH THE SPECIFICATIONS AS WRITTEN, YOU ARE INSTRUCTED TO
ATTACH TO YOUR BID PROPOSAL A COMPLETE ITEMIZATION AND EXPLANATION. THE
CITY OF SAN BERNARDINO MAY, AT ITS OWN DISCRETION, CONSIDER OR DENY ANY
DEVIATION AND ACCEPT THE OFFER WHICH BEST SUITS ITS INTENDED USAGE.
IT IS THE INTENT OF THESE SPECIFICATIONS TO COVER THE PROVISION TO THE
CITY OF SAN BERNARDINO OF COMPLETE SERVICES AS HEREINAFTER MENTIONED
WITH A VIEH TO OBTAINING THE BEST RESULTS AND THE MOST ACCEPTABLE SER-
VICE. THESE SPECIFICATIONS COVER GENERAL REQUIREMENTS AS TO THE TYPE OF
SERVICES, TOGETHER WITH CERTAIN TECHNICAL DETAILS WITH WHICH THE SUCCESS-
FUL BIDDER MUST CONFORM, AND SPECIFICATION NO. F-88-02 INCLUDES
BOTH THE GENERAL AND TECHNICAL SPECIFICATIONS SET FORTH.
-1-
~PECIFICATION NO. F-88-02
GENERAL SPECIFICATIONS
1. MINIMUM REQUIREMENTS
EACH BID SHALL BE IN ACCORDANCE WITH SPECIFICATION NO. F-88-02 .
ALL SPECIFICATIONS ARE MINIMUM. BIDDERS ARE EXPECTED TO MEET OR EXCEED
THESE SPECIFICATIONS AS WRITTEN, AND BIDDER SHALL ATTACH TO BID PROPOSAL
A COMPLETE DETAILED ITEMIZATION AND EXPLANATION OF SERVICES OFFERED,
INCLUDING EACH AND EVERY DEVIATION OR VARIATION FROM THESE SPECIFICATIONS.
CONDITIONAL BIDS, OR THOSE WHICH TAKE EXCEPTION TO THE SPECIFICATIONS,
MAY BE CONSIDERED NONRESPONSIVE AND MAY BE REJECTED.
2. ACCEPTANCE OF BIDS
THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND
ALL BIDS AND TO AWARD A CONTRACT TO THE BIDDER WHO BEST MEETS CITY REQUIRE-
MeNTS. THIS MAY INCLUDE WAIVER OF MINOR IRREGULARITIES OR DISCREPANCIES,
OR NONCONFORMITY TO SPECIFICATIONS IN APPROPRIATE CIRCUMSTANCES. ACCEPT-
ANCE SHALL BE ON A BEST BUY BASIS AFTER DUE CONSIDERATION OF ALL RELEVANT
FACTORS.
3. QUANTITY DEVIATION
THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO DEVIATE AS TO QUANTITY
OF SERVICES SPECIFIED. SHOULD CHANGES AFFECT THE COST OF, OR THE TIME
REQUIRED FOR PERFORMANCE OF THE SERVICES, AND EQUITABLE ADJUSTMENT IN
THE PRICE OR DELIVERY OR BOTH SHALL BE MADE.
4. FIRM OFFER
BIDS SHALL BE FIRM OFFERS, SUBJECT TO ACCEPTANCE OR REJECTION WITHIN
SIXTY (60) DAYS OF THE OPENING THEREOF.
5. REPUTABLE BIDDERS
NO BIDDER SHALL BE ACCEPTABLE WHO IS NOT A REPUTABLE PROVIDER OF SERVICES
AS SUBMITTED FOR BID CONSIDERATION.
6. INSPECTION AND ACCEPTANCE OF SERVICES
THE SERVICES FURNISHED SHALL BE EXACTLY AS SPECIFIED IN THESE SPECIFICATIONS,
FREE FROM ALL DEFECTS IN BIDDER'S PERFORMANCE, AND EXCEPT AS OTHERWISE
PROVIDED IN THESE SPECIFICATIONS, SHALL BE SUBJECT TO INSPECTION AND
TEST BY CITY AT ALL TIMES AND PLACES. IF, PRIOR TO FINAL ACCEPTANCE,
ANY SERVICES ARE FOUND TO BE INCOMPLETE OR NOT AS SPECIFIED, CITY MAY
REJECT THEM, REQUIRE BIDDER TO CORRECT THEM WITHOUT CHARGE, OR REQUIRE
DELIVERY OF SERVICES AT A REDUCTION IN PRICE WHICH IS EQUITABLE UNDER
THE CIRCUMSTANCES. IF BIDDER IS UNABLE OR REFUSES TO CORRECT SUCH ITEMS
WITHIN A TIME DEEMED REASONABLE BY CITY, CITY MAY UNILATERALLY TERMINATE
AGREEMENT WITH THE SUCCESSFUL BIDDER IN WHOLE OR IN PART. IN SUCH A
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SPECIFICATION NO. F-88-02
-~-
SPECIFICATION NO. F-88-02
CAUSES OF ACTION OR SUITS, OF WHATEVER NATURE, ARISING OUT OF
THE SERVICES FURNISHED BY BIDDER OR HIS OR HER SUBCONTRACTORS
UNDER THIS ORDER, AND FROM ALL LABORERS', MATERIAL PROVIDERS'
AND MECHANICS' LIENS UPON THE REAL PROPERTY UPON WHICH THE WORK
IS LOCATED OR ANY OTHER PROPERTY OF THE CITY.
(2) PROMPTLY NOTIFY CITY, IN WRITING, OF ANY SUCH CLAIMS, DE-
MANDS, CAUSES OF ACTION, OR SUITS BROUGHT TO HIS OR HER ATTENT-
ION. BIDDER SHALL FORWARD WITH SUCH NOTIFICATION COPIES OF ALL
PERTINENT PAPERS RECEIVED BY BIDDER WITH RESPECT TO THE SAME
AND, AT THE REQUEST OF CITY, SHALL DO ALL THINGS AND EXECUTE
AND DELIVER ALL APPROPRIATE DOCUMENTS AND ASSIGNMENTS IN FAVOR
OF CITY OF ALL BIDDER'S RIGHTS AND CLAIMS GROWING OUT OF SUCH
ASSERTED CLAIMS AS WILL ENABLE CITY TO PROTECT ITS INTEREST.
B. CLEANING UP
BIDDER SHALL AT ALL TIMES KEEP CITY'S PREMISES WHERE THE WORK IS PERFORM-
ED AND ADJOINING PREMISES FREE FROM ACCUMULATIONS OF WASTE MATERIAL OR
RUBBISH CAUSED BY HIS OR HER EMPLOYEES OR SUBCONTRACTORS, AND AT THE
COMPLETION OF THE WORK, SHALL LEAVE THE WORK "BROOM CLEAN" OR AS MORE
EXACTLY SPECIFIED.
14. PERMITS AND LICENSES
BIDDER AGREES TO PROCURE ALL NECESSARY PERMITS OR LICENSES AND ABIDE
BY ALL APPLICABLE LAWS, REGULATIONS, AND ORDINANCES OF THE UNITED STATES
AND OF THE STATE, COUNTY AND CITY IN WHICH THE WORK UNDER THIS ORDER
IS PERFORMED. BIDDER SHALL BE LIABLE FOR ALL DAMAGES AND SHALL INDEMNIFY
AND SAVE CITY HARMLESS FROM AND AGAINST ALL DAMAGES AND LIABILITY WHICH
MAY ARISE OUT OF THE FAILURE OF THE BIDDER TO SECURE AND PAY FOR ANY
SUCH LICENSES OR PERMITS OR TO COMPLY FULLY WITH ANY AND ALL APPLICABLE
LAWS, ORDINANCES, AND REGULATIONS.
15. DAMAGES
BY SUBMITTING A BID, EACH BIDDER AGREES THAT IN THE EVENT SERVICES ARE
NOT FULLY RENDERED WITHIN THE TIME OR TIMES SET FORTH PURSUANT TO THIS
SPECIFICATION, DAMAGE WILL BE SUSTAINED BY THE CITY, AND THAT IT IS
AND WILL BE IMPRACTICAL AND EXTRE~'ELY DIFFICULT TO ASCERTAIN AND DETER-
MINE THE ACTUAL DAMAGE WHICH THE CITY WILL SUSTAIN I~~' EVENT OF AND
BY REASON OF SUCH DELAY. THEREFOREt IT IS AG E~ SSFUL BIDDER
SHALL PAY TO THE CITY AS FIXED AND LIQ D ~ NOT AS A
PENALTY, A DOLLAR SUM IN THE AMO~~ DOLLARS
PER CALENDAR DAY FOR EACH~~ JtV L r Y S DELA Y I N RENDERING
SERVICES IN EXCESS 0 THE R I ECIFIED. ANY BIDDER BELIEVING
LIQUIDATED DAMA. GE5 \S~OULD .1 A ESSER AMOUNT MAY SO SPECIFY AS AN
AL TERNA TE B'~!t;\ W~I CH \THE C MA Y ACCEPT OR REJECT. ANY DAMAGES SO
INCURRED MA~. 'BE~ 'PEOtlCTfD BY THE CITY FROM THE AGREED UPON PR I CE AT TI ME
OF PAYMENT. \IN:tH~ EVENT THE SUCCESSFUL BIDDER FAILS TO RENDER SERVICES
AS SPECIFIED, BID AND AWARDED, WITHIN TEN CALENDAR DAYS OF SPECIFIED
SPECIFICATION NO. F-88-02
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SPECIFICATION NO. F-88-02
REFERRED TO IN THE COMPLETE SPECIFICATIONS AND ALL MODIFICATIONS OF
SAID DOCUMENTS SHALL BE CONSTRUED TOGETHER AS ONE DOCUMENT. ANYTHING
CALLED FOR IN ANY ONE OF SAID DOCUMENTS SHALL BE DEEMED TO BE REQUIRED
EQUALLY AS IF CALLED FOR IN ALL. ANYTHING NECESSARY TO COMPLETE THE
WORK PROPERLY SHALL BER PERFORMED BY THE CONTRACTOR, WHETHER SPECIFICALLY
SET OUT IN THE CONTRACT OR NOT. ALL SECTIONS OF THE SPECIFICATIONS
SHALL BE READ AND INTERPRETED AS CONSTITUTING A WHOLE AND NOT AS AN
AGGREGATION OF INDIVIDUAL PARTS, AND WHATEVER IS SPECIFIED IN ONE SECT-
ION SHALL BE CONSTRUED AS APPLYING TO ALL SECTIONS.
21. PROMPT PAYMENT DISCOUNT
EACH BIDDER MAY STIPULATE IN HIS OR HER BID PROPOSAL A PERCENTAGE PROMPT
PAYMENT DISCOUNT TO BE TAKEN BY THE CITY IN THE EVENT CITY MAKES PAYMENT
TO BIDDER WITHIN THE PROMPT PAYMENT TERMS OFFERED AND IN. RECEIPT OF
COMPLETION OF SERVICES AND APPROVAL OF INVOICE. FOR THE PURPOSE OF
THIS PROVISION, PAYMENT IS DEEMED TO BE MADE ON THE DATE OF MAILING
OF THE CITY CHECK.
22: INQUIRIES
REFER ALL INQUIRIES REGARDING THIS BID TO DEAN R. MEECH, PURCHASING AGENT
(714) 384-5085.
23. FORM OF BID
NO BID WILL BE ACCEPTABLE UNLESS IT IS MADE ON THE PROPOSAL FORM FURNISHED
BY THE CITY HEREIN. DELIVER ALL BIDS, SIGNED AND SEALED, TO THE OFFICE
OF THE PURCHASING AGENT, 250 WEST CLUSTER STREET, SAN BERNARDINO, CALIF-
ORNIA 92408 WITH THE SPECIFICATION TITLE AND NUMBER CLEARLY MARKED ON
THE OUTSIDE OF THE ENVELOPE. ALL BIDS MUST BE RECEIVED IN THE OFFICE
OF THE PURCHASING AGENT BY 10:00 A.M. FRIDAY, AUGUST 28th, 1987
WHERE AT SAID PLACE AND TIME SAID BIDS WILL BE PUBLICLY OPENED, EXAMINED
AND DECLARED. ANY BID MAY BE WITHDRAWN PRIOR TO THE ABOVE SCHEDULED
TIME FOR THE OPENING OF BIDS. ANY BID RECEIVED AFTER THE TIME AND DATE
SPECIFIED SHALL NOT BE CONSIDERED.
24. SEPARATE CONTRACTS
THE CITY OF SAN BERNARDINO RESERVES THE RIGHT AT ITS OWN DISCRETION
TO AWARD SEPARATE CONTRACTS FOR EACH CATEGORY OR AWARD ONE CONTRACT
FOR RENDERING OF ALL SERVICES IN ALL CATEGORIES.
25. ASSIGNMENT OF INTEREST
IN SUBMITTING A BID TO A PUBLIC PURCHASING BODY, THE BIDDER OFFERS AND
AGREES THAT IF THE BID IS ACCEPTED, IT WILL ASSIGN TO THE PURCHASING
BODY ALL RIGHTS, TITLE, AND INTEREST IN AND TO ALL CAUSES OF ACTION
IT MAY HAVE UNDER SECTION 4 OF THE CLAYTON ACT (U.S.C. SEC. 15) OR UNDER
THE CARTWRIGHT ACT (CHAPER 2, COMMENCING WITH SECTION 16700, OF PART
2 OF DIVISION 7 OF THE BUSINESS AND PROFESSIONS CODE), ARISING FROM
PROVISION OF SERVICES BY THE BIDDER TO THE CITY PURSUANT TO THE BID.
-6-
SPECIFICATION NO. F-88-02
SUCH ASSIGNMENT SHALL BE MADE AND BECOME EFFECTIVE AT THE TIME THE CITY
TENDERS FINAL PAYMENT TO THE BIDDER.
26. BID BOND
NO BID WILL BE ACCEPTED UNLESS IT IS MADE ON.A PROPOSAL FORM FURNISHED
BY THE CITY. ALL BIDS OR PROPOSALS SHALL BE SIGNED, SEALED AND ACCOM-
PANIED BY A CASHIER'S CHECK, CASH, CERTIFIED CHECK OR BID BOND MADE
PAYABLE TO THE CITY OF SAN BERNARDINO IN THE AMOUNT OF AT LEAST TEN
PERCENT (10%) OF THE TOTAL BID. SUCH SECURITY SHALL BE APPLIED TO
OR BE REMITTED TO THE CITY OF SAN BERNARDINO, AS LIQUIDATED DAMAGES,
SHOULD THE BIDDER TO WHOM THE CONTRACT IS AWARDED FAIL TO ENTER INTO
THE CONTRACT. ALL BONDS FURNISHED PURSUANT TO THIS NOTICE MUST BE UNDER-
WRITTEN BY A SURETY COMPANY, HAVING A RATING IN BEST'S MOST RECENT INSUR-
ANCE GUIDE OF "A" OR BETTER. * $25.00 PROPOSAL CHECK IS REQUIRED - SEE ITEM 118
OF TECHNICAL SPECIFICATIONS (IN LIEU OF BID BOND).
27. FAITHFUL PERFORMANCE BOND
THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO FURNISH A CASHIER'S CHECK,
CASH, CERTIFIED CHECK OR FAITHFUL PERFORMANCE BOND r~DE PAYABLE TO THE
CITY OF SAN BERNARDINO IN THE AMOUNT OF FIFTY PERCENT (50%) OF THE TOTAL
BID TO INSURE THE CONTRACTOR'S FAITHFUL PERFORMANCE OF THE CONTRACT.
SAID SURETY SHALL BE SUBJECT TO THE APPROVAL OF THE CITY OF SAN BERNAR-
DINO, BONDS SHALL BE IN ACCORDANCE WITH CHAPER 2.66 OF THE SAN BERNAR-
DINO MUNICIPAL CODE, AND THE CORPORATION ISSUING SAID BOND SHALL HAVE
A RATING IN BEST'S MOST RECENT INSURANCE GUIDE OF "A" OR BETTER.
28. INSURANCE
BIDDER AGREES TO PROCURE AND MAINTAIN IN FORCE DURING THE TERM OF ANY
AGREEMENT RESULTING FROM ITS BID, AT HIS OR HER EXPENSE, PUBLIC LIABILITY
AND PROPERTY DAMAGE INSURANCE IN COMPANIES AND THROUGH BROKERS APPROVED
BY THE CITY, ADEQUATE TO PROTECT AGAINST LIABILITY FROM DAMAGE CLAIMS
ARISING OUT OF BIDDER'S OPERATIONS IN A MINIMUM AMOUNT OF $ * SEE BELOW
BIDDER SHALL PROVIDE THE CITY'S RISK MANAGEMENT DIVISION A CERTIFICATE
OF INSURANCE AND AN ADDITIONAL INSURED ENDORSEMENT WHICH PROVIDES:
A. CITY OF SAN BERNARDINO IS AN ADDITIONAL INSURED.
B. THE INSURANCE COMPANY NAME, POLICY NUMBER, PERIOD OF COVERAGE,
AND AMOUNT OF INSURANCE.
C. THAT THE CITY CLERK OF THE CITY OF SAN BERNARDINO AND THE CITIES
RISK MANAGEMENT DIVISION MUST BE GIVEN NOTICE IN WRITING AT "LEAST
tHIRTY DAYS PRIOR TO CANCELLATION, MATERIAL CHANGE, OR REFUSAL TO
RENEW THE POLICY.
D. THAT BIDDER'S INSURANCE WILL BE PRIMARY TO ANY COVERAGE THE CITY
OF SAN BERNARDINO MAY HAVE IN EFFECT.
. .
* SEE ITEM 110 SECTION 0 OF THE OPERATING RESPONSIBILITIES OF THE VENDING
MACHINE TECHNICAL SPECIFICATIONS.
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.JPECIFICATION NO. F-88- 02
BIDDERS PROPOSAL AND STATEMENT
FOR THE SERVICES FURNISHED AND ALL MATERIAL AND LABOR AS REQUIRED BY
THE CITY OF SAN BERNARDINO, CALIFORNIA, IN ACCORDANCE WITH SPECIFI-
CATION NO. F-88- 02
TO THE CITY OF SAN BERNARDINO
SAN BERNARDINO, CA.
GENTLEMEN:
THE UNDERSIGNED AS BIDDER DECLARED THAT HE HAS CAREFULLY EXAMINED THE
LOCATION OF THE PROPOSED WORK, THAT HE HAS EXAMINED SPECIFICATION
NO. F-88-02 AND IS FAMILIAR WITH SAME AND THAT HE HEREBY PROPOSES
AND AGREES TO FURNISH. ALL LABOR, MATERIAL AND EQUIPMENT AND DO ALL THE
WORK REQUIRED TO COMPLETE THE PROJECT IN ACCORDANCE WITH SAID SPECIF-
ICATION NO. F-88-02 IN THE TIME AND MANNER THEREIN PRESCRIBED,
SHOULD THE CITY OF SAN BERNARDINO ACCEPT THE BID PROPOSAL INCORPORATED
HEREIN.
TOTAL PRICE FOR VENDING MACHINES - CITY WIDE $
(PRINT WORDS)
THE UNDERSIGNED AS BIDDER INCLUDES IN THIS PROPOSAL THE WORK REQUIRED,
IN STRICT CONFORMITY WITH CITY OF SAN BERNARDINO SPECIFICATIN NO. F-88-02
AND ALL ADDENDA ISSUED BY THE CITY OF SAN BERNARDINO AND RECEIVED DURING
THE BIDDING PERIOD, AND ACKNOWLEDGES HAVING RECEIVED SAME BY FILLING
IN THEIR RESPECTIVE NUMBERS AND DATES AS FOLLOWS:
ADDENDA NOS.
DATED
PURSUANT TO SECTION 21 OF THE GENERAL SPECIFICATIONS, THE CITY MAY TAKE
A PROMPT PAYMENT DISCOUNT OF PERCENT OF THE TOTAL
AMOUNT OF THE INVOICE IN THE EVENT THE CITY MAKES PAYMENT TO THE CONTRACTOR
WITHIN THE SPECIFIED DAYS OF RECEIPT AND APPROVAL OF VENDOR'S INVOICE.
THE UNDERSIGNED AS BIDDER, HEREBY DECLARES THAT THE ONLY PERSONS OR
FIRMS INTERESTED IN THE PROPOSAL AS PRINCIPAL OR PRINCIPALS IS OR ARE
NAMED HEREIN AND THAT NO OTHER PERSONS OR FIRMS THAN HEREIN MENTIONED
HAVE ANY INTEREST IN THIS PROPOSAL OR IN THE CONTRACT TO BE ENTERED
INTO; THAT THIS PROPOSAL IS MADE WITHOUT CONNECTION WITH ANY OTHER PERSON,
COMPANY OR PARTIES MAKING A BID OR PROPOSAL; AND THAT IT IS IN ALL RESPECTS
FAIR AND IN GOOD FAITH WITHOUT COLLUSION OR FRAUD.
THE UNDERSIGNED AGREES THAT THE BID SURETY ACCOMPANYING THE BID SHALL
BECOME THE PROPERTY OF THE CITY OF SAN BERNARDINO, SHOULD HE FAIL OR
REFUSE TO EXECUTE THE CONTRACT OR FURNISH BONDS AS CALLED FOR IN THE
SPECIFICATIONS WITHIN THE TIME PROVIDED.
SPECIFICATION NO. F-88-02
BIDDERS PROPOSAL AND STATEMENT (CON'T)
THE UNDERSIGNED HEREBY DESIGNATES AS HIS OFFICE TO WHICH ALL NOTICES OF OFFICAL
CORRESPONDENCE MAY BE NAILED, TELEGRAPHED OR DELIVERED:
PRINT
ITIS UNDERSTOOD AND AGREED THAT THIS BID MAY BE WITHDRAWN AT ANY TIME PRIOR TO
THE SCHEDULED TIME FOR THE OPENING OF BIDS OR ANY AUTHORIZED POSTPONEI1ENT THEREOF.
FIRM NAME:
STATE CONTRACTOR I S LICENSE Nur.1BER:
BUSINESS ADDRESS:
BY: NAME (PRINT)
TITLE:
SIGNATURE:
BUSINESS PHONE:
DATE:
NOTE: UNSIGNED BIDS RECEIVED IN THE OFFICE OF THE PURCHASING AGENT ARE CONSIDER-
ED ILLEGAL BIDS AND WILL NOT BE ACCEPTABLE FOR CONTRACT CONSIDERATION.
*IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, Tf1E WORDS SHALL PREVAIL. 'PUR-
SUANT TO THESE SPECIFICATIONS, TOTAL (BID) PRICE SHALL. INCLUDE ALL LABOR, MATER-
IAL AND EQUIPMENT COSTS, ALL APPLICABLE TAX, ALL BONDS AND INSURANCE AND ALL
OTHER ITMES OF EXPENSE INCIDEHTIAL TO THE CONTRACT.
IF AN INDIVIDUAL SO STATE. IF A FiRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND
GIVE THE NAMES OF ALL INDIVIDUAL, OR CO-PARTNERS COMPOSING THE FIRM. IF A CORPOR-
ATION STATE LEGAL NAf.IE OF THE CORPORATION, ALSO THE NAHES OF THE PRESIDENT, SECRE-
TARY, TREASURER AND H^I~AGER THREOF.
IF LOCAL BUSINESS FURNISH CURRENT SAN BERNARDINO CITY BUSINESS LICENSE NO.
THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO REJECT ANY Af~D ALL BIDS AND TO
WAIVE ANY INFORMALITIES.
-10-
BID SPEC: F-88-02
TECHNICAL SPECIFICATIONS ATTACHED
CONSISTS OF -8- PAGES
CONFORMING SPECIFICATIONS APPROVED BY:
DATE OF APPROVAL BY DEPARTMENT HEAD~ II.} It/t'/
THIS SERVICE HAS BEEN REQUESTED BY THE PUBLIC BUILDINGS DEPARTMENT
APPLICATION: CITY WIDE
VENDORS NOTE: SPECIAL INSTRUCTIONS
IF YOUR COMPANY DECIDES TO "NO BIDII THIS BID PKG. "SPECIAL INSTRUCTIONS" ARE lOCATED
AT THE BOTTOM OF BID PACKAGE AND THEY MUST BE COMPLETED AND RETURNED TO THE
PURCHASING DEPARTMENT PROMPTLY
SPECIFICATION NO. F-88-02
SPECIFICATIONS FOR VENDING MACHINE SERVICE
CITY OF SAN BERNARDINO, CALIFORNIA
1. GENERAL
VENDING MACHINE SERVICE, WHICH SHALL CONSIST OF FURNISHING MACHINES AND CERTAIN
PRODUCTS TO BE DISPENSED THEREFROM, ON A PERCENTAGE OF GROSS SALES BASIS PAYABLE
TO THE CITY OF SAN BERNARDINO.
2. MACHINE CONDITIONS AND MODELS
MACHINES SHALL BE NEW OR NEARLY NEW AND SHALL BE CURRENT OR RECENT MANUFACTURER'S
MODELS AT TIME OF INSTALLATION. THEY SHALL BE AUTOMATICALLY OPERATED DISPENSING
MACHINES. THEY SHALL BE COMPATIBLE IN COLOR, SIZE AND DESIGN AND SHALL OPERATE
ON AC-IIO VOLTS, WITH THREE WIRE CORDS AND THREE PRONG GROUNDING TYPE PLUGS.
3. INSPECTION OF LOCATION
THE BIDDER SHALL INSPECT THE LOCATION WHERE VENDING MACHINE SERVICE IS REQUIRED.
4. VENDING MACHINE SERVICE
USAGE WILL BE REQUIRED AT VARIOUS LOCATIONS THROUGHOUT THE CITY.
5. NUMBER OF MACHINES
THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE NUMBER AND/OR TYPE OF
MACHINES AT ANY LOCATION, OR ADD LOCATIONS DURING THE AGREEMENT PERIOD. THE
PURCHASING DIVISION WILL NOTIFY THE LICENSEE BY LETTER AND ALL THE PERTINENT
CONTRACT TERMS AND RATES SHALL APPLY THERETO AND THE AGREEMENT SHALL BE AMENDED
ACCORDINGLY.
NO EQUIPMENT MAY BE ADDED OR DELETED BY THE LICENSEE WITHOUT PRIOR WRITTEN
APPROVAL OF THE CITY.
MACHINES FOR VENDING SERVICE - SEE ATTACHMENT FOR A LIST OF MACHINE REQUIREMENTS.
6. LOCATION OF MACHINES
CITY SHALL HAVE THE SOLE AND EXCLUSIVE RIGHT TO DESIGNATE THE LOCATION OF PLACE-
MENT OF LICENSEE.S MACHINES. IN THE EVENT CITY DETERMINES THAT LICENSEE HAS
PLACED AN EXCESSIVE NUMBER OF MACHINES AT ANY LOCATION, LICENSEE SHALL REMOVE
SUCH EXCESS MACHINES FROM CITY.S PREMISES FORTHWITH UPON DEMAND BY CITY.
-1-
SUGGESTED VENDING MACHINE INVENTORY REQUEST
ITEM NO. LOCATION TYPE QUANTITY
1 CITY HALL - COHM. SODA 1
2 ANIMAL CONTROL SODA 1
3 CENTRAL GARAGE SODA 1
4 PUBLIC BLOGS MAINT. SHOP SODA 1
5 POLICE DEPT. CIGARETTE 1
6 POLICE DEPT. SODA 1
7 POLICE DEPT. CANDY 1
8 POll CE DEPT. SANDWICH 1
9 POLICE DEPT. CHANGE
10 SR. CITIZENS CENTER COFFEE
11 SR. CITIZENS CENTER SODA 1
12 MAIN LIBRARY COFFEE
13 MAIN LIBRARY CANDY 1
14 MAIN LIBRARY SODA 1
15 MAIN LIBRARY MilK 1
16 PUBLIC BLOGS - BASEMENT FOOD/CANDY 2
17 PUBLIC BlOGS - BASEMENT SODA 1
18 PUBLIC BlOGS - BASEMENT CIGARETTE 1
19 PUBLIC BLOSS - BASEMENT CHANGE 1
20 PUBLIC BlDGS - BASEMENT COFFEE/HOT CHOCOLATE 1
21 PUBLIC BlOGS - BASEMENT MICROWAVE
7 . .SALES TAX
ANY SALES TAXES APPLICABLE TO THE OPERATION OF MACHINES OPERATED BY THE LICENSEE
SHALL BE PAID BY THE LICENSEE AND THE CITY SHALL NOT BE LIABLE FOR CLAIMS RESULT-
ING FROM FAILURE OR DELY IN PAYMENT OF APPLICABLE TAXES.
8. MACHINE MAINTENANCE
THE LICENSEE SHALL BE FULLY RESPONSIBLE FOR THE EFFICIENT OPERATION OF ALL MACHINES
FURNISHED FOR VENDING SERVICE, AND FOR THEIR FULL COMPLIANCE WITH ALL HEALTH, FIRE,
AND SAFETY REGULATIONS, INCLUDING U.L. STAMP; AND SHALL MAKE ALL NECESSARY REPAIRS
OR REPLACEMENTS AND ADJUSTMENTS ON A TIMELY BASIS.
9. HOUSING AND UTILITIES
ALL NECESSARY HOUSING AND UTILITIES WILL BE PROVIDED BY THE CITY. THE lICENSEE
SHALL INSPECT THE VARIOUS SITES IN PERSON BEFORE SUBMITTING A PROPOSAL. MACHINES
WHICH MAY BE PLACED IN OTHER LOCATIONS AT A FUTURE DATE WILL HAVE FACILITIES AND
UTILITIES PROVIDED BY THE CITY.
10. OPERATING RESPONSIBILITIES
IN THE EVENT LICENSEE FAILS TO PERFORM AND COMPLY WITH THE PROVISIONS OF THE AGREE-
MENT, THE CITY MAY IMMEDIATELY CANCEL THIS LICENSE WITHOUT NOTICE TO LICENSEE.
A. CLEANLINESS. lICENSEE SHALL KEEP THE LOCATIONS WHERE ITS EQUPMENT IS LOCATED
CLEAN AT ALL TIMES. NO OFFENSIVE REFUSE MATTER, NOR ANY SUBSTANCE CONSTITUTING
AN UNNECESSARY, UNREASONABLE FIRE HAZARD (OR MATERIAL DETRIMENTAL TO THE PUBLIC
HEALTH AND SAFETY) SHALL BE PERMITTED ON THE PREMISES.
B. CONDUCT. LICENSEE SHALL AT ALL TIMES CONDUCT BUSINESS IN A QUIET AND ORDERLY
MANNER TO THE SATISFACTION OF THE CITY. LICENSEE SHALL OBEY AND COMPLY WITH
ALL APPLICABLE HEALTH LAWS AND OTHER GOVERNMENTAL REGULATIONS.
C. WORKERS' COMPENSATION INSURANCE AND TAXES. LICENSEE SHALL MAINTAIN IN FORCE AT
ALL TIMES DURING THE PERIOD OF THIS LICENSE, WORKERS' COMPENSATION INSURANCE
SATISFACTORY TO THE CITY. LICENSEE SHALL ALSO PAY ALL TAXES, INCLUDING THE
CITY BUSINESS LICENSE TAX, FOR OPERATION UPON THE PREMISES FOR WHICH THIS
LICENSE IS GRANTED.
D. INSURANCE. LICENSEE SHALL PROCURE AND MAINTAIN IN FORCE DURING THE TERM OF THIS
AGREEEMENT AND ANY EXTENSION THEREOF, AT ITS EXPENSE, COMPREHENSIVE GENERAL
LIABILITY INSURANCE IN COMPANIES AND THROUGH BROKERS APPROVED BY THE CITY ADEQUATE
TO PROTECT AGAINST LIABILITY FOR DAMAGE CLAIMS THROUGH PUBLIC USE OF OR ARISING
OUT OF ACCIDENTS OCCURING IN OR AROUND THE PROPERTY, IN A MINIMUM AMOUNT OF
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00). THE CITY SHALL NAMED AS AN
ADDITIONAL INSURED. PROOF OF SUCH INSURANCE SHALL BE DELIVERED TO THE CITY
PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. LICENSEE SHALL OBTAIN A WRITTEN
OBLIGATION FROM THE INSURERS TO NOTIFY CITY IN WRITING AT LEAST THIRTY (30)
DAYS PRIOR TO CANCELLATION OR REFUSAL TO RENEW ANY SUCH POLICIES. LICENSEE
AGREES THAT, IF SUCH INSURANCE POLICIES ARE NOT KEPT IN FORCE DURING THE ENTIRE
TERM OF THIS AGREEMENT AND ANY EXTENSION THEREOF, CITY MAY PROCURE THE NECESSARY
INSURANCE, PAY THE PREMIUM THEREFOR, AND THAT SUCH PREMIUM SHALL BE REPAID TO
THE CITY.
E. PRICING. LICENSEE SHALL SELL PRODUCTS AT PRICES WHICH ARE CONSISTENT WITH
SELLING PRICES OF LIKE MERCHANDISE THROUGHOUT THE "GEOGRAPHICAL AREA AND
NOTIFY THE CITY OF ALL PRICE CHANGES.
F. PERSONNEL-UNIFORMS. ALL OF LICENSEE'S PERSONNEL HIRED TO SERVICE THE EQUIPMENT
,SHALL BE NEATLY UNIFORMED AT ALL TIMES AND SAID PERSONNEL SHALL OBSERVE ALL
RULES AND REGULATIONS.
G. LICENSEE TO BEAR ALL LOSSES OF EQUIPMENT. LICENSEE SHALL BEAR ALL LOSSES FOR
ANY DAMAGE TO EQUIPMENT AND/OR MERCHANDISE DAMAGED, AND ALL LOSSES OF EQUIPMENT
AND/OR MERCHANDISE WHILE ON THE PREMISES OF THE CITY.
H. SIGNS. NO SIGNS OF ANY KIND SHALL BE DISPLAYED ON PREMISES WHICH ARE THE SUBJECT
OF THE LICENSE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE CITY. NOTWITHSTANDING
THE FOREGOING, SIGNS WHICH ARE A PART OF THE EQUIPMENT SHALL NOT BE CONSIDERED
A PART OF THIS LIMITATION.
11. HOLD HARMLESS AND INDEMNIFICATION
LICENSEE SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS ELECTIVE AND
APPOINTIVE BOARDS, COMMISSIONS, OFFICERS, AGENTS, EMPLOYEES AND SERVANTS FREE AND
HARMLESS FROM ANY AND ALL LOSSES, CLAIMS, LIENS, DEMANDS AND CAUSES OF ACTION OF
EVERY KIND AND CHARACTER INCLUDING BUT NOT LIMITED TO, THE AMOUNTS OF JUDGEMENTS,
PENALTIES, INTERESTS, COURT COSTS, LEGAL FEES, AND ALL OTHER EXPENSES INCURRED BY
THE CITY ARISING IN FAVOR OF ANY PARTY, INCLUDING CLAIMS, lIENS, DEBTS, PERSONAL
INJURIES, INCLUDING EMPLOYEES OF THE CITY, DEATH OR DAMAGES TO PROPERTY (INCLUDING
PROPERTY OF THE CITY) AND WITHOUT LIMITATION BY ENUMERATION, ALL OTHER CLAIMS OR
DEMANDS OF EVERY CHARACTER OCCURING OR IN ANY WAYS INCIDENT TO, IN CONNECTION WITH
OR ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT. lICENSEE SHALL INVESTIGATE,
HANDLE, RESPOND TO, PROVIDE DEFENSE FOR AND DEFEND ANY SUCH CLAIMS, DEMAND, OR
SUIT AT THE SOLE EXPENSE OF THE LICENSEE. lICENSEE SHALL ALSO BEAR ALL OTHER COSTS
AND EXPENSES RELATED THERETO, EVEN IF IHE CLAIM OR CLAIMS ALLEGED ARE GROUNDLESS,
FALSE OR FRAUDULENT. THIS PROVISION IS NOl INTENDED 10 CREATE A~Y CAUSE OF ACTION
IN FAVOR OF ANY THIRD PARTY AGAINST LICENSEE OR THE: CIIY OR TO ENLAR.GE IN AN\' WAY
THE LICENSEE'S lIABILITY BUT IS INTENDED SOLELY TO PROVIDE FOR INDEMNIFICATION OF
THE CITY FROM lIABILITY FOR DAMAGE OR INJURIES TO THIRD PERSONS OR PROPERTY ARISING
FROM lICENSEE1S PERFORMANCE HEREUNDER.
12. COMPENSATION TO CITY
COMPENSATION SHAll BE A PERCENTAGE OF THE GROSS SALES. SPECIAL ATTENTION SHOULD
BE PAID TO THE DEFINITION OF GROSS SALES SET OUT HEREIN. THE lICENSEE SHALL PAY
TO THE CITY ON A QUARTERLY BASIS A CONSIDERATION PURSUANT TO THIS AGREEMENT FOR
THE OPERATION DURING THE PRECEDING QUARTER. THE TERM GROSS SALES SHAll "E.'THE
TOTAl..AMOUNT TAKEN BY.THE .,YENDING MACHINES AFTER SALES AND EXCISE TAXES. . LICENSEE
SHALL TRANSMIT WITH HIS PAYMENT A MONTlY GROSS SALES RECEIPTS REPORT. THE PAYMENT
SHALL BE ADDRESSED TO:
DIRECTOR OF FINANCE
CITY HALL - 6TH FLOOR
300 NORTH "0" STREET
SAN BERNARDINO, CA. 92418
-3-
13. PERMITS AND LICENSES
THE CONTRACTOR SHALL SECURE AND MAINTAIN IN FORCE SUCH LICENSES AS ARE REQUIRED
BY CITY, COUNTY AND STATE LANS, ORDINANCES AND REGULATIONS FOR THE TYPE OF SERVICE
TO BE FURNISHED HEREUNDER; AND All OPERATIONS AND MATERIALS SHAll BE IN,ACCORDANCE
NITH THE LANS PRESCRIBED FOR THIS PURPOSE.
14. TERM AND CANCELLATION CLAUSE
AGREEMENT SHALL BE GRANTED FORA TERM COMMENCING ON THE DATE APPROVED BY THE
GOVERNING BODY OF THE CITY AND ENDING THREE (3) YEARS THEREAFTER, UNLESS EARLIER
TERMINATED PURSUANT TO THE TERMS OF THE AGREEMENT. CITY SHALL HAVE THE RIGHT TO
TERMINATE THE AGREEMENT AT ANY TIME UPON FIVE (5) DAYS ADVANCE WRITTEN NOTICE TO
LICENSEE, AND lICENSEE SHALL THEREAFTER FORTHWITH, REMOVE ALL OF ITS PROPERTY AND
EQUIPMENT FROM CITY PREMISES.
15. ASSIGNMENT OF CONTRACT
THE SUCCESSFUL BIDDER SHAll UNDER NO CIRCUMSTANCES ASSIGN HIS BID OR THE AGREEMENT
RESULTING THEREFROM WITHOUT THE WRITTEN PERMISSION OF THE CITY.
16. ERRORS AND OMISSIONS
THE BIDDER SHAll CAREFUllY CHECKED All THE FIGURES AND UNDERSTANDS THAT THE CITY
WIll NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS. ALL AWARDS WILL BE MADE ON A
BASIS MOST ADVANTAGEOUS TO THE CITY.
All PRICES OR NOTATIONS MUST BE TYPED OR WRITTEN IN INK. BIDS IN PENCIL WILL NOT
BE ACCEPTED. MISTAKES MUST BE CORRECTED WITH INK AND CORRECTIONS INSERTED; CORRECT-
IONS MUST BE INITIALED WITH INK BY PERSON SIGNING THE PROPOSAL.
17. BIDDER INFORMATION
AS A CONSIDERATION IN DETERMINING BID AWARD, THE CITY MY REQUEST INFORMATION FROM THE
BIDDER CONCERNING RESPONSIBILITY, TECHNICAL ABILITY, AND EXPERIENCE.
18. PROPOSAL CHECK
EACH PROPOSER SHAll SUBMIT WITH THE PROPOSAL FORM A CHECK, CERTIFIED BY A BANK IN
THE CITY OF SAN BERNARDINO AND PAYABLE TO THE ORDER OF SAID CITY AS A GUARANTEE
THAT THE PROPOSER WIll ENTER INTO A lICENSE AGREEMENT, IF IT IS AWARDED TO HIM.
THE AMOUNT OF SAID CHECK SHAll BE $25.00 AND NO PROPOSAL WILL BE CONSIDERED, UNLESS
IT IS ACCOMPANIED BY SUCH CHECK.
ALL CHECKS ACCOMPANYING REJECTED PROPOSALS WIll BE RETURNED. THE CHECK ACCOMPANYING
THE SELECTED PROPOSAL WILL BE RETURNED IF THE SUCCESSFUL PROPOSER:
A. ENTERS INTO AN AGREEMENT WITHIN TEN (10) DAYS AFTER IT IS FORWARDED TO HIM FOR
EXECUTION: AND,
B. PROVIDES A FAITHFUL PERFORMANCE BOND, A CERTIFIED CHECK, OR A CASH DEPOSIT IN THE
AMOUNT OF $500 WITHIN TEN (10) DAYS AFTER THE AGREEMENT IS EXECUTED BY THE CITY.
(THE FAITHFUL PERFORMANCE BOND SHOULD NOT BE OBTAINED UNTIL THE PROPOSER
IS NOTIFIED THAT HIS PROPOSAL HAS BEEN SELECTED).
IF THE SUCCESSFUL PROPOSER DOES NOT MEET THE ABOVE REQUIREMENTS, THE SUM GUAR-
ANTEED BY HIS CHECK SHALL BE AVAILABLE TO REIMBURSE THE CITY FOR ANY COST OCCAS-
IONED BY REASON OF NON-COMPLIANCE. IF HE DOES MEET THE REQUIREMENTS, HIS CHECK
WILL BE RETURNED WITHIN FIFTEEN (15) DAYS OF COMPLAINCE.
19. NOTICE OF COLLUSION OR SHAM:
,EACH PROPOSAL MUST NOT BE A SHAM OR COLLUSIVE, OR MADE IN THE INTEREST OR ON
BEHALF OF ANY PERSON NOT THEREIN NAMED.
-5-
SPECIFICATION NO. F-88-02
BIDDERS PROPOSAL AND STATEMENT
THE UNDERSIGNED HEREBY PROPOSES TO PLACE VENDING MACHINES AS DESIGNATED BY THE CITY
IN CERTAIN PUBLIC BUILDINGS WITHIN THE CITY OF SAN BERNARDINO. IN ACCORDANCE WITH
SPECIFICATION NO. F-88-02 IN CONSIDERATION THEREOF I (WE) PROPOSE TO PAY TO THE
CITY OF SAN BERNARDINO A PERCENTAGE OF GROSS SALES AS FOLLOWS:
MACHINE TYPE
COLD DRINK MACHINES
CANDY MACHINES
CIGARETTE MACHINES
COLD FOOD MACHINES
COFFEE MACHINES
PERCENTAGE OF GROSS
S
S
S
S
S
PLEASE INDICATE BELOW ANY MCAHINE RELATED EQUIPMENT TO BE FURNISHED, I.E. MICROWAVE
OVEN, CHANGE MACHINES, ETC.
IF AWAREDED THE CONTRACT, THE UNDERSIGNED HEREBY AGREES TO SIGN SAID CONTRACT AND
FURNISH THE NECESSARY GUARANTEE SURETY BOND WITH AN ACCEPTABLE COMPANY AND THE BOND
WILL REMAIN IN FORCE UNTIL CONTRACT HAS BEEN FULFILLED.
ENCLOSED IS A , IN THE AMOUNT OF $
FURNISHED AS A BID BOND THAT THE UNDERSIGNED WILL ENTER INTO THE CONTRACT AND FUR-
NISH THE GUARANTEE SURETY BOND IMMEDIATELY AFTER THE AWARD OF CONTRACT. FAILURE OF
THE SUCCESSFUL BIDDER TO SIGN THE CONTRACT AND FURNISH THE GUARANTEE SURETY BOND
WITHIN TEN (10) WORKING DAYS FROM THE DATE HE IS NOTIFIED THAT THE CONTRACT HAS BEEN
AWARDED TO HIM SHALL BE JUST CAUSE FOR ANNULMENT OF THE AWARD AND FORFEITURE OF
SURETY BOND OR CERTIFIED CHECK.
FIRM NAME:
BUSINESS ADDRESS:
BY: NAME (PRINT)
TITLE:
SIGNATURE:
BUSINESS PHONE:
IF AN INDIVIDUAL SO STATE. IF A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND GIVE
THE NAMES OF All INDIVIDUALS, OR CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION,
SPECIFICATION NO. F-88-02
BIDDERS PROPOSAL AND STATEMENT - (CONTINUEDl
STATE LEGAL NAME OF THE CORPORATION, ALSO THE NAMES OF THE PRESIDENT, SECRETARY,
TREASURER AND MANGER THEREOF.
DATED:
, 19
THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES THE WORDS SHALL PREVAIL.
NOTE: UNSIGNED BIDS RECEIVED IN THE OFFICE OF THE PURCHASING AGENT ARE CONSIDERED
ILLEGAL BIDS AND WILL NOT BE ACCEPTED FOR CONTRACT CONSIDERATION.
-7-
S P E C I A L INS T R U C J ION S
BID SPEC: F-88-02
THE FOLLOWING REQUIREMENT IS AN INTEGRATED PART OF. THIS BID PACKAGE.
" BID 0 E R I S
A T TEN T ION ..
IF YOU CHOOSE NOT TO BID THIS PARTICULAR BID PACKAGE YOU MUST RESPOND
. WITH A "NO BID" BY COMPLETING PAGE TWO ATTACIfED. PLE^SE MAKE SURE IT
IS ALSO DATED & SIGNED BY A REPRESENTATIVE OF YOUR COMPANY.
YOU MUST ALSO ~URNISH THE REASON FOR NOT BIDDING.
THIS IS NECESSARY TO CLARIFY QUESTIONS FROM COUNCIL AT TIMES WHEN THE
OVERALL RESPONSE IN NUMBERS IS NOT FAVORABLE.
YOUR RESPONSE IS NECESSARY TO ASSURE THAT YOU REtmIN ON VENDOR BID SOURCE LIST.
* * *
*
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CI~1rOFI S1lJ BERNARDINO
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300 NORTH "0" STREET, SAN BERNAF~O'NO, CALIFORNIA 92418-0151
7 "' ,I
WARREN A. KNUDSON
Director of Finance
FINANCE DEPARTMENT
TROY MINNING
Assistant Director of Finance
AdlllirlislriJlive Division
Accounting Division
Telephone: 383-5242
DEAN R. MEECH
Purchasing Agent
DEAR BIDDER:
RE: CITY OF SAN BERNARDINO BID
F- 88-02 VENDING MACHINES - CITY WIDE
Purchil:.ing & Stores Division
25() Wl?st Cluster
San Bernardino 92408
Telephone: 383-5085
WHEN A SATISFACTORY NUMBER OF BIDDERS DO NOT RESPOND TO A FOR~mL BID IT IS
NECESSARY TO CLARIFY THE REASON FOR NON-RESPONSE OF BIDDERS TO COUNCIL.
PLEASE FURNISH THE REASON FOR YOUR NON-RESPONSE OR NO BID CONCERNING BID NO.
F- 88-02
* * * * * *
REASON FOR NOT RESPONDING/NO BID
NAME OF COMPANY -
COMPLETE ADDRESS -
SIGNED
TITLE
YOUR RESPONSE IS NECESSARY TO ASSURE THAT YOU REMAIN ON VENDOR BID SOURCE LIST.
* * *
~
McGEE & SONS VENDING
SPECIFICATIONS
PUBLIC BUILDINGS BASEMENT
1 - CANDY MACHINE
Manufacturer:
Model:
National Vendors
141
Sixteen to Twenty columns of candies
which include milk chocolate bars
(Hershey, Nestle), coconut bars,
(Mounds, Almond Joy), nougat bars,
(Snickers, Milky Way), peanuts and
related products (Planters, P-Nut
utter Crackers), and other varieties.
@ $ .45
Four or Five columns of chips
(Frito - Lay)
@ $ .40
Three to Five columns of cakes & pies
(Dolly Madison, Hostess, and Svenhard's)
@ $ .65
Two to Five columns of large cookies
@ $ .55
@ $ .35
Four or Five columns of gum & mints
1 - HOT BEVERAGE MACHINE (7 oz. cup)
Manufacturer: National Vendors
Model: HBM-615
@ $ .25
Fresh brewed coffee, hot chocolate,
hot tea, and soup.
1 - COLD BEVERAGE MACHINE (12 oz. cans)
Manufacturer: Rockola
Model: CCC6
6 Selections
@ $ .55
Coca Cola, Seven Up, Pepsi, Orange,
Diet Coke, Diet Pepsi, Cherry Coke, etc.
1 - COLD FOOD MACHINE
Manufacturer: Rowe International
Model: 447
See Menu
A TOTAL VENDING SERVICE
~
McGEE & SONS VENDING
PUBLIC BUILDINGS BASEMENT (cant)
1 - CIGARETTE MACHINE
Manufacturer: National Vendors
Model: 22M72
@ $ 1.25
22 Selections, including 100 millimeter,
regular, and king size. All popular brands.
1 - DOLLAR BILL CHANGER
1 - MICROWAVE OVEN
A TOTAL VENDING SERVICE
~
McGEE & SONS VENDING
POLICE DEPARTMENT
1 - CANDY/SNACK MACHINE
Manufacturer: National Vendors
Model: Snacktron
Twenty columns of candies which include
milk chocolate bars (Hershey, Nestle),
coconut bars, (Mounds, Almond Joy),
nougat bars (Snickers, Milky Way),
peanuts and related products (Planters,
P-Nut Butter Crackers), and other varieties.
@ $ .45
Ten columns of various chips
(Frito - Lay)
@ $ .40
Five columns of cakes and pies
(Dolly Madison, Hostess, and Svenhard's)
@ $ .65
Five columns of large cookies
@ $ .55
@ $ .35
Five columns of gum and mints
1 - COLD BEVERAGE MACHINE (12 oz. cans)
Manufacturer: Rockola
Model: . CCA6
6 Selections
@ $ .55
Coca Cola, Seven Up, Pepsi, Orange,
Diet Coke, Diet Pepsi, Cherry Coke, etc.
1 - COLD FOOD MACHINE
Manufacturer: Rowe International
Model: 447
See Menu
1 - CIGARETTE MACHINE
Manufacturer: National Vendors
Model: 22M72
@ $ 1.25
22 Selections, including 100 millimeter,
regular, and king size. All popular brands.
1 - DOLLAR BILL CHANGER
A TOTAL VENDING SERVICE
~
McGtE & SONS VENDING
LIBRARY
1 - CANDY MACHINE w/bill validator
Manufacturer: National Vendors
Model: 145
Sixteen to Twenty columns of candies
which include milk chocolate bars
(Hershey, Nestle), coconut bars,
(Mounds, Almond Joy), nougat bars,
(Snickers, Milky Way), peanuts and
related products (Planters, P-Nut
Butter Crackers), and other varieties.
@ $ .45
Ten columns of chips
(Frito - Lay)
@ $ .40
Five columns of cakes and pies
(Dolly Madison, Hostess, and Svenhard's)
@ $ .65
Five columns of gum and mints
@ $ .55
@ $ .35
Five columns'of large cookies
1 - HOT BEVERAGE MACHINE (7 oz. cup)
Manufacturer: National Vendors
Model: HBM-615
@ $ .25
Fresh brewed coffee, hot chocolate,
hot tea, and soup.
1 - COLD BEVERAGE MACHINE (12 oz. cans)
Manufacturer: Rockola
Model: CCC6
6 Selections
@ $ .55
Coca Cola, Seven Up, Pepsi, Orange,
Diet Coke, Diet Pepsi, Cherry Coke, etc.
1 - MILK MACHINE
Manufacturer:
Model:
@ $
.45
National Vendors
MM72
Selection of milk - including white,
chocolate, lowfat, and fruit punch
A TOTAL VENDING SERVICE
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Mc(Mt & SONS VENDING
SENIOR CITIZEN CENTER
1 - CANDY MACHINE
Manufacturer:
Model:
National Vendors
21CE
Ten columns of candies which include
milk chocolate bars (Hershey, Nestle),
coconut bars, (Mounds, Almond Joy),
nougat bars, (Snickers, Milky Way),
peanuts and related products (Planters,
P-Nut Butter Crackers, and other varieties.
@ $ .45
Five columns of gum and mints
@ $ .35
1 - HOT BEVERAGE MACHINE (7 oz. cup)
Manufacturer: National Vendors
Model: HBM-615
@ $ .25
Fresh brewed coffee, hot chocolate,
hot tea, and soup.
1 - COLD BEVERAGE MACHINE (12 oz. cans)
Manufacturer: Rockola
Model: 305
5 Selections
@ $ .55
Coca Cola, Seven Up, Pepsi, Orange,
Diet Coke, Diet Pepsi, Cherry Coke, etc.
A TOTAL VENDING SERVICE
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MctMc & SONS VENDING
PUBLIC BUILDINGS MAINTENANCE SHOP
1 - COLD BEVERAGE MACHINE (12 oz. cans)
Manufacturer: Rockola
Model: 305
5 Selections
@ $ .55
Coca Cola, Seven Up, Pepsi, Orange,
Diet Coke, Diet Pepsi, Cherry Coke, etc.
A TOTAL VENDING SERVICE
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McGEE & SONS VENDING
CENTRAL GARAGE
. 1 - COLD BEVERAGE MACHINE (12 oz. cans)
Manufacturer: Rockola
Model: 305
5 Selections
@ $ .55
Coca Cola, Seven Up, Pepsi, Orange,
Diet Coke, Diet Pepsi, Cherry Coke, etc.
A TOTAL VENDING SERVICE
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McGEE & SONS VENDING
ANIMAL CONTROL
1 - COLD BEVERAGE MACHINE (12 oz. cans)
Manufacturer: Rockola
Model: 305
5 Selections
@ $ .60
Coca Cola, Seven Up, Pepsi, Orange,
Diet Coke, Diet Pepsi, Cherry Coke, etc.
NOTE: Five (5) cents per can will be returned to the
shelter for animal shelter support.
A TOTAL VENDING SERVICE
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McGEE & SONS VENDING
COMMUNICATIONS BASEMENT
1 - COLD BEVERAGE MACHINE (12 oz. cans)
Manufacturer: Rockola
Model: 305
5 Selections
@ $ .55
Coca Cola, Seven Up, Pepsi, Orange,
Diet Coke, Diet Pepsi, Cherry Coke, etc.
NOTE: All vending equipment will be supplied with
matching exterior styling and all changers
will be supplied by Mars exclusively.
A TOTAL VENDING SERVICE
M
McGEE & SONS VENDING
COLD FOOD MENU
BREAKFAST SANDWICHES PRICE
. Ham and Egg on Bun $ 1.25
Polish Sausage and Egg on Bun $ 1.25
Hot Link and Eggs on Toast $ 1.25
Steak and Egg on Toast $ 1.25
Breakfast Muffin $ 1.25
TRIANGLE SANDWICHES
Turkey and Swiss $ 1.25
Bologna and Cheese $ 1.25
Ham and Cheese $ 1.25
Beef and Cheese $ 1.25
Salami and Cheese $ 1.25
Salami $ 1.25
Tuna $ 1.25
Egg Salad $ 1.25
Ham Salad $ 1.25
Chicken Salad $ 1.25
HAMBURGER BUNS
Cheese Burger $ 1.25
BBQ Beef $ 1.25
Beef and Cheddar $ 1.25
Chicken Filet $ 1.25
Ham and Cheese $ 1.25
FRENCH ROLLS
Turkey and Cheese $ 1.25
Ham and Swiss $ 1.25
Roast Beef $ 1.25
Pastrami $ 1.25
Poor Boy $ 1.25
Georgia $ 1.25
Submarine $ 1.25
A TOTAL VENDING SERVICE
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COLD FOOD MENU (cont)
PITA BREAD SANDWICHES
Beef and Cheese
Ham and Cheese
Pastrami and Swiss
SPECIAL SANDWICHES
Hot Dog w/Double Cheese
Ham and Swiss on Rye
Patty Melt
Tuna Melt
Rueben
SALADS, DESSERTS, AND MISC.
Popcorn
Cheese and Crackers
Cottage Cheese
Cottage Cheese w/Fruit
Fruit Jello
Yogurt
Chocolate Pudding
Vanilla Pudding
Tapioca Pudding
Burritos (5 oz.)
Fruit
Canned Juice (6 oz.)
Milk (1/3 qt.) including white,
chocolate, and lowfat
.,
,
McGEE & SONS VENDING
PRICE
$ 1.25
$ 1.25
$ 1.25
$ 1.25
$ 1.25
$ 1.25
$ 1.25
$ 1.25
$ .75
$ .75
$ .75
$ .75
$ .75
$ .75
$ .50
$ .50
$ .50
$ .85
$ .50
$ .50
$ .45
A TOTAL VENDING SERVICE