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97-22478 RESORESOLUTION NO. 97-22478 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MIAMI-METRO VENDING CORPORATION FOR THE OPERATION OF VENDING MACHINE CONCESSIONS AT VARIOUS LOCATIONS ON CITY OF MIAMI BEACH PROPERTY. WHEREAS, it was determined to be in the City's best interest to solicit proposals for a new vending concession contract which will generate more revenue; and WHEREAS, pursuant to Request for Proposals No.92-96/98, issued on June 20, 1997, three responses were received and opened on July 11, 1997; and WHEREAS, on July 14, 1997, the appointed evaluation committee selected the proposal submitted by Miami-Metro Vending Corporation as the top-ranked proposal and recommended to the City Manager that a contract be negotiated; and WHEREAS, the City Administration and Miami-Metro Vending Corporation have negotiated the attached Agreement for the operation of vending machine concessions at various locations on City of Miami Beach property. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute the attached Agreement between the City and Miami-Metro Vending Corporation for the operation of vending machine concessions at various locations on City of' Miami Beach property. PASSED and ADOPTED this 16thday of July, 199 . ATTEST: CITY CLERK jf APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION TO: FROM: SUBJECT: DATE: July 16, 1997 Mayor Seymour Gelber and Members of the City Commission Jose Garcia-Pedrosa ~ City Manager ~i A Resolution Authorizing the Mayor and the City Clerk to Execute an Agreement with the Top-Ranked Firm, Miami-Metro Vending Corporation, Pursuant to Request For Proposals No. 92-96/98 for the Operation of Vending Machine Concessions at Various Locations on City of Miami Beach Property. ADMINISTRATION RECOMMENDATION: Approve the Resolution. BACKGROUND: In light of the expiration of the term of the current contract on May 31, 1997, Request for Proposals No. 92-96/98, soliciting proposals for the operation of vending machine concessions at various locations on City of Miami Beach property, was approved by the City Commission on June 18, 1997, and issued on June 20, 1997. The acceptance of the most favorable proposal made in reply to this RFP will allow the City to enter into an agreement to provide soft drinks, juices, and snacks to the public, while generating revenue. The specifications were distributed to twenty-one prospective proposers, and a pre-proposal meeting was held on July 1, 1997. The responses to this Request for Proposals were due no later than 12:00 noon on Friday, July 11, 1997. Because the City's existing contract for vending machine concessions expired on May 31, 1997, and has been extended on a month-to-month basis, it is requested that the award of this new contract be approved on July 16, 1997. The initial term of the contract shall be for a two-year period, beginning on August 1, 1997. The City shall have the option, at its sole discretion, to renew this contract for three additional one-year terms. The City may terminate this contract at any time for default, or for convenience with thirty days' notice. A Performance Bond in the amount of $5,000 shall be supplied by the successful proposer. Proposals were received from the following three firms: Gilly Vending, Inc. Miami-Metro Vending Corporation Pan-Am Vend-Tronics Corporation AGENDA ITEM DATE RFP No. 92-96/98 Page Two July 16, 1997 ANALYSIS: The Evaluation Committee, consisting of the following persons, met at 9:00 a.m. on July 14, 1997, to review and rank the proposals: Lillian Conrad, Internal Auditor John Toledo, Property Management Rhonda Crenshaw, Sanitation Coordinator - absent Nilda Garcia, Building Department Jose Blanco, Auditor/Parking Department Each proposal was evaluated in accordance with the criteria listed in the Request for Proposals: Proposer's Experience, Financial Qualifications and Professional Reputation Proposed Operational Concept for the Concession(s) Proposed Commitment of Equipment and/or Capital Expenditures Quality and Variety of Proposed Products Pricing to the Public Fees to be Paid to the City After a comprehensive discussion, each evaluator ranked each proposal in each category. The committee initially ranked Miami-Metro Vending Corp. and Gilly Vending, Inc. as tied for top- ranking, so further discussion took place. After taking a closer look at the experience and qualifications of the firms, pricing to the public, and revenue to be paid to the City, the committee ranked the proposals as follows: Miami-Metro Vending Corp. Gilly Vending, Inc. Pan-Am Vend-Tronics Corp. The Miami-Metro proposal offers several new products which are not currently offered - Gatorade, spring water, Snapple, cappuccino and coffee, ice cream, and a general merchandise machine with sandwiches, bagels, pizza, hotdogs, and hamburgers to be located at City Hall. The increase in the number of vending machines and in the variety of products being offered should result in higher revenues to the City. Additionally, Miami-Metro Vending has committed to provide the City with at least $5,000 combined market/event support over the course of the two-year contract. This would include, but not be limited to, t-shirts, towels, hats, and Pepsi, Gatorade, and Mountain Dew products. RFP No. 92-96/98 Page Three July 16, 1997 ANALYSIS: (Continued) Miami-Metro Vending Corp. offered four different options, ranging from paying the City the greater of a minimum monthly guarantee of $1,200 or a percentage of gross sales, to a flat annual fee of $25,000 (See Attached). The Evaluation Committee recommended to the City Manager that Option #3 be awarded, based on the following: -$1,800 monthly minimum guarantee is higher than existing contract, and higher than other proposals (current contract monthly average, including percentage payments, is $1,400). -only price increase to the public will be for sodas - changing from $0.50 to $0.60, which is a reasonable price and the same or less than price other proposers would charge. -City would continue to receive monthly report with volume of sales at all locations. Comparison with existing contract with Miami-Metro Vending: Current Revenue New Contract Revenue Monthly Minimum Payment $800 $1,800 or, if greater, Percentage Based on Sales: Snacks 12.5% 10% Juice 10% 20% Soda 22.5% 20-30% - depending on brand Sport Drinks N/A 20% Coffee, Ice Cream N/A 10% Gatorade, Snapple N/A 15% The committee also discussed the possibility of accepting Option #4, which is a flat annual fee of $25,000 to be paid to the City. This option is based on the soda price increasing from $0.50 to $0.60, and with no reporting on sales volume to the City. This would eliminate the need for any auditing or calculating of commissions. CONCLUSION: The Mayor and Commission should accept the ranking recommended by the City Manager and authorize the Mayor and City Clerk to execute the attached Agreement with the recommended vendor. JGP:JP:BJ:jf Attachments INITIALLY APPROVED VENDING MACHINE LOCATIONS City Hall Convention Center Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Flamingo Park Tennis Courts Fleet Management/Sanitation/Warehouse Jackie Gleason Theater of the Performing Arts Log Cabin Marine Patrol Old City Hall/Municipal Court Parking Department Main Police Station Property Management South Pointe Park VCA Other Possible Sites: Youth Center Public Works Yard Police Sub Station City Parks and Community Centers Flamingo Handball Courts, Pool JGP:JP:BJ:jf TABULATION OF RESPONSES RFP NO. 92-96/98, VENDING MACHINE CONCESSIONS GILLY VENDING, INC. PAN AM VEND-TRONICS Yr. 1 $875 Min. Monthly $9,000/Year Yr. 2 $900" $9,000/Year Yr. 3 $925" $9,000/Year Yr. 4 $950" $9,000/Year Yr. 5 $975" $9,000/Year MIAMI-METRO VENDING (See 4 Options) Option #3 - $1,800 Min. Monthly Years 1 - 5 -or- -or- -or- 25% - sodas 15% - snacks 15% - juice 18.5% on all items 10% to 30% on all items Options Description Minimum Minimum Minimum Minimum Guarantee Guarantee Guarantee Guarantee Monthly Yearly Monthly Yearly Option 1 $1,200.OO $14,400.00 $1,200.00 $14,400.00 Option 2 $18,000.00 $18,000.00 Option 3 St ,800.00 $21,600.00 $1,800.00 $21,600.00 Option 4 $25,000.00 $25,000.00 ! iii!! ! ! Renewal Pe['iod; Renewal:period ReDewal Perlod::ii!Renewal: Period Renewal::.Pedod :ii:ii Renewai:Perlodill Description Minimum Minimum Minimum Minimum Minimum Minimum Guarantee Guarantee Guarantee Guarantee Guarantee Guarantee Monthly Yearly Monthly Yearly Monthly Yearly Option 1 $1,200.00 $14,400.00 $1,200.00 $14,400.00 $1,200.00 $14,400.00 Option 2 $18,000.00 $18,000.00 $18,000.00 Option 3 $1,800.00 $21,600.00 $1,800.00 $21,600.00 $1,800.00 $21,600.00 Option 4 $25,000.00 $25,000.00 $25,000.00 Notes: Option 1 is based on vend prices and terms submitted in response as requested. Option 2 is based on vend prices, terms submitted and a flat fee up front payment per year, with no reporting as suggested by the City Commission Audit Committee. Option 3 is based on vend prices and terms submitted in response, except increasing price on 12 ounce soda from 50 cents to 60 cents. Option 4 is based on vend prices, except increasing prices on 12 ounce soda from 50 cents to 60 cents, terms submitted and a fiat fee up front payment per year, with no reporting as suggested by the City Commission Audit Committee. Non-Cash Remuneration MMVC and it's subcontractors will provide the City of Miami Beach at least $5000.00 combined of Market / Event Support and Product over the course of the two year contract. This would include, but not limited to, T-shirts, towels, hats and products such as Pepsi, Gatorade and Mountain Dew. MIAMI-METRO VENDING CORPORA11ON City of Miami Beach RFP Number 92-96/98 Page Number 3 CITY OF MIAMI BEACH MEMORANDUM DA TE : July 14, 1997 TO: FR OM: SUBJECT: Jose Garcia-Pedrosa , City Manager Lillian Conrad, Chairman Evaluation Committee/~~~ City wide Vending Machine Request for Proposal 92-96/98 Evaluation Committee Report The following Evaluation Committee met on July 14, 1997 to discuss, evaluate and consider the three proposals received for City wide vending machine services. Jose Blanco, Parking Department Rhonda Crenshaw, Sanitation Coordinator Nilda Garcia, Building Department John Toledo, Property Management Liltian Conrad, Internal Auditor Absent Judy Ford, Procurement Director was also in attendance. Proposals were received from Pan-Am Vend-Tronics Corp., Miami-Metro Vending Corporation and Gilly Vending, Inc. Judy Ford indicated that all of the proposals were received within the time-frame required and each proposer filed the necessary documents and deposits. One of the proposers, Miami-Metro Vending, is the current vending contractor. The committee reviewed each proposal and evaluated the responses in accordance with the criteria listed in the Request for Proposals. The Request for Proposal included five criteria of equal importance. Ms. Ford indicated that minority vendors did not receive extra credit. After discussion of each criteria, each committee member ranked the proposal; and then a tabulation of the rankings was prepared. Two of the three proposals received the same number of points. The committee then discussed further the responses from the proposers; thereafter a consensus was reached and the co~nittee selected Miami-Metro Vending Corporation. Below is a table showing the consensus of the evaluation criteria. RANKING EVALUATION FACTORS RFP 92-96/98 - City wide Vending Contract Criteria Pan-Am Vend Miami-Metro Gilly Vending Proposers Experience Financial Qualifications 6 10 8 Professional Reputation 2 Operational Concept 4 10 10 3 Quality/Variety Products 4 10.5 9.5 4 Pricing to Public 4 11 9 5 Fees to be paid to City --4 11.5 8.5 Total Points 22 53 45 The committee then reviewed the pricing options presented by Miami-Metro Vending. After extensive discussion, we decided that the modest increase in pricing of sodas proposed in options 3 and 4 would result in greater revenues to the City Jose Garcia-Pedrosa, July 14, 1997, Evaluation Committee Report, Page two and would not be above prices at other similar vending machines. In addition, the vendor has presented a promotional program that would benefit consumers and offset, partially, the increased pricing. A summary of the options proposed, using soda sales average revenue percentages as a guide, are as follows: Option % age with Min.Annual. Guar. Flat Fee 1 greater of 21.25% or $14,400 2 $18,000 3 greater of 27.50% or $21,600 4 $25,000 (The Commission memo recommending award includes the page of the proposal detailing the options.) We then turned to the advantages and disadvantages of option 3 compared to option 4. The proposer presented a plan to increase the number of machines and variety of food and beverage offerings. We compared the current revenues to an estimate of additional revenues due to the price increase, increased number of machines, and potential increase in availability of higher priced items (i.e., sport beverages, ice cream). We concluded that the potential revenues in option 3 exceeded the flat fee under option 4. Option 4 requires less record-keeping. In summary, the Evaluation Committee selected Miami-Metro Vending, Corporation to be the City's vending contractor. Further, we recommend you consider either option 3 or 4 under Miami-Metro's pricing schedule, with option 3 as our first choice. LMC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. ~ TO: FROM: SUBJECT: Mayor Seymour Gelber and DATE: July 16, 1997 Members of the City Commission Jose Garcia-Pedrosa ~ City Manager [i~l'~~ Request to Accept_~he Ranking of Proposals Received and to Authorize the Administration to Enter into a Contract with the Number-One Ranked Firm, (To be Named), Pursuant to Request For Proposals No. 92-96/98 for the Operation of Vending Machine Concessions at Various Locations on City of Miami Beach Property. ADMINISTRATION RECOMMENDATION: Approve the Resolution. BACKGROUND: In light of the expiration of the term of the current contract on May 31, 1997, Request for Proposals No. 92-96/98, soliciting proposals for the operation of vending machine concessions at various locations on City of Miami Beach property, was approved by the City Commission on June 18, 1997, and issued on June 20, 1997. The acceptance of the most favorable proposal made in reply to this RFP will allow the City to enter into an agreement to provide soft drinks, juices, and snacks to the public, while generating revenue. The specifications were distributed to twenty-one prospective proposers, and a pre-proposal meeting was held on July 1, 1997. The responses to this Request for Proposals were due no later than 12:00 noon on Thursday, July 11, 1997. An Evaluation Committee will meet on Monday, July 14, 1997 at 10:00 a.m., to review all proposals and make a recommendation for award to the City Manager. Because the City's existing contract for vending machine concessions expired on May 31, 1997, and has been extended on a month-to-month basis, it is requested that the award of this new contract be approved on July 16, 1997. A blank draft Concession Agreement has been attached for review, and a completed Agreement will be issued in an Addendum together with the recommendation of the City Manager after the Evaluation Committee meets. AGENDA ITEM DATE RFP No. 92-96/98 Page Two July 16, 1997 ANALYSIS: Proposals are due on July 11, 1997, at 12:00 noon. The Evaluation Committee, consisting of the following persons, is scheduled to meet at 10:00 a.m. on July 14, 1997, to review and rank the proposals: Lillian Conrad, Auditor John Toledo, Property Management Rhonda Crenshaw, Sanitation Coordinator Enilda Barinas, Account Clerk II Jose Blanco, Auditor/Parking Department Each proposal is to be evaluated in accordance with the criteria listed in the Request for Proposals: Proposer's Experience, Financial Qualifications and Professional Reputation Proposed Operational Concept for the Concession(s) Proposed Commitment of Equipment and/or Capital Expenditures Quality and Variety of Proposed Products Pricing to the Public Fees to be Paid to the City Comparison with existing contract with Metro Miami-Dade Vending: Current Revenue New Contract Revenue Monthly Minimum Payment $800 or, if greater, Percentage Based on Sales: Snacks 12.5 % Juice 10% Soda 22.5% The committee will report to the City Manager in writing immediately after making a selection, and the City Manager's recommendation, together with a copy of the committee's written report, will be made available to the Commission. CONCLUSION: The Mayor and Commission should accept the ranking recommended by the City Manager and authorize the Mayor and City Clerk to execute the attached Agreement with the recommended vends. JGP:~P:BJ:jf Attachment: Initially Approved Locations INITIALLY APPROVED VENDING MACHINE LOCATIONS City Hall Convention Center Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Flamingo Park Tennis Courts Fleet Management/Sanitation/Warehouse Jackie Gleason Theater of the Performing Arts Log Cabin Marine Patrol Old City Hall/Municipal Court Parking Department Main Police Station Property Management South Pointe Park VCA JGP:JP:BJ:jf AGREEMENT BETWEEN CITY OF MIAMI BEACH AND MIAMI-METRO VENDING CORPORATION FOR THE OPERATION OF VENDING MACHINE CONCESSIONS AT VARIOUS LOCATIONS ON MIAMI BEACH PROPERTY THIS AGREEMENT made and entered into this 1st day of September , 1997, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida and MIAMI-METRO VENDING CORPORATION, (hereinafter referred to as Contractor), whose address is 1688 Meridian Avenue, Suite 203, Miami Beach, Florida 33139. SECTION 1 DEFINITIONS Agreement: City Manager: Services: Proposal Documents: This written Agreement between the City and Contractor. "City Manager" means the Chief Administrative Officer of the City. All services, work and actions by Contractor performed pursuant to this Agreement and as specifically described in Section 2 and Exhibit "A" herein. Proposal Documents shall mean the a) Request for Proposals No. 92-96/98 (RFP No. 92-96/98) for the Operation of Vending Machine Concessions at Various Locations on City of Miami Beach Property, issued by the City, in contemplation of this Agreement, together with all amendments, and b) the Contractor's proposal and response (Proposal) which is incorporated by reference in this Agreement and made a part hereof. -1- SECTION 2 SCOPE OF WORK The scope of work to be performed by Miami-Metro Vending Corporation is set forth in Exhibit "A," entitled "Scope of Services" (Services). SECTION 3 PAYMENT TO CITY 3.1 Payment Contractor shall make payments to the City based on Option #3 of proposal - $1,800 monthly minimum guarantee or percentage of gross receipts, whichever is higher. Contractor shall pay City guaranteed payments by the 15th of each month and percentage payments by the 30th of each month for the preceding month, and said payment shall be accompanied by a statement of gross revenue for the preceding month. It is also understood that the applicable Florida State Sales and Use Tax on rental payments shall be added by the Contractor to the payment. Percentage schedule is set forth in Exhibit "B" hereto. SECTION 4 GENERAL PROVISIONS 4.1 Responsibility of Contractor With respect to the performance of the Services, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, Contractor shall comply with all applicable laws and ordinances, including but not limited to, applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 Public Entity Crimes State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the Procurement Division. -2- 4.3 Duration and Extent of Aereement The term of this Agreement shall be for a period of two (2) years from the date of execution of this Agreement. Additionally, there shall be three one-year renewal options, at the sole discretion of the City. 4.4 TERMINATION 4.4.1 Termination for Cause If Contractor shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement. Prior to exercising its option to terminate for cause, the City shall notify Contractor of its violation of the particular terms of this Agreement, and shall grant Contractor thirty (30) days to cure such default. If such default remains uncured after thirty (30) days, the City, upon three (3) days notice to Miami-Metro Vending Corporation, may terminate this Agreement. 4.4.2 Termination for Convenience of City_ The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of the written termination notice. 4.5 Equal Employment Opportuni _fy In connection with the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, national origin, place of birth, marital status, or physical handicap. 4.6 Entirety_ of Agreement This writing and all exhibits hereto embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with -3- 4.3 Duration and Extent of Agreement The term of this Agreement shall be for a period of two (2) years from the date of execution of this Agreement. Additionally, there shall be three one-year renewal options, at the sole discretion of the City. 4.4 TERMINATION 4.4.1 Termination for Cause If Contractor shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement. Prior to exercising its option to terminate for cause, the City shall notify Contractor of its violation of the particular terms of this Agreement, and shall grant Contractor thirty (30) days to cure such default. If such default remains uncured after thirty (30) days, the City, upon three (3) days notice to Miami-Metro Vending Corporation, may terminate this Agreement. 4.4.2 Termination for Convenience of City_ N/A ,)~ .,,,/'~.~.e..~ ~. 4.5 Equal Employment Opportunity_ In connection with the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, national origin, place of birth, marital status, or physical handicap. 4.6 Entirety_ of Agreement This writing and all exhibits hereto embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with -3- reference to the subject matter hereof that are not merged herein and superseded hereby. The exhibits and the Proposal Documents are hereby incorporated by reference into this Agreement. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. 4.7 Indemnification Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-consultants, or any other person or entity acting under Contractor's control, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to the Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's Indemnity Agreement. The Contractor's obligation under this subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.8 Limitation of City's Liability_ The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this -4- Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $5,000, less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $5,000, which amount shall be reduced by the amount actually paid by the City to the Contractor pursuant to this Agreement, for any action of claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. 4.9 Assi~r or Subcontracting ~/ The Contractor shall s Agreement without the prior written con 4.10 Equal Employment Opportunity_ In connection with the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.11 Notices All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail, postage prepaid. -5- Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: TO CITY: Miami-Metro Vending Corporation 1688 Meridian Avenue Suite 203 Miami Beach, Florida 33139 Phone: (305) 672-0123 Fax: (305) 674-0302 City of Miami Beach Attn: City Clerk 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7411 WITH COPIES TO: Office of the City Attomey Attn: Murray H. Dubbin City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 -6- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTE~. City Clerk CITY OF MIAMI BEACH, FLORIDA By: ~ Mayor FOR CONTRACTOR: ATTEST: Michael Milberg Pr~i~ent v Corporate Seal APPROVED AS TO FORM & LANC~AGE & FOR EXECUTION -7- EXHIBIT "A" SCOPE OF SERVICES: The Contractor shall provide all services £or the Operation of Vending Machine Concessions at Various Locations on City of Miami Beach Property, as outlined in RFP No. 92-96/98 and in Contractor's response to the City. (See Attachment for Initial Placement of Vending Machines) -8- "EXHIBIT B" MIAMI-METRO VENDING CORPORATION'S PROPOSAL IN RESPONSE TO RFP NO. 92-96/98 f:\$all\purc\judy\forms\contract\contract.92 -9- Table of Contents Description EXECUTIVE SUMMARY COMPANY DESCRIPTION SELECTED SUB-CONTRACTORS SERVICE CONCLUSION COMMISSIONS GUARANTEE OPTIONS NON-CASH REMUNERATION PLACEMENT & LICENSING BRAND NAMES DELIVERIES HEALTH STANDARDS LOCATION CHANGES PARKING REGULATIONS PRODUCTS NEW IDEAS NEW PRODUCTS CONTESTS FAT OR FAT FREE PRODUCTS - NEW BEVERAGES GENERAL MERCHANDISE MACHINE GLASS FRONT BEVERAGE MACHINE REFUND POLICY AUDITS MANAGEMENT REPORTS EQUIPMENT REPLENISHMENT SCHEDULE SERVICE & REPAIR RESPONSE TIME INSTALLATION DATE IMPROVEMENTS & SANITATION EQUIPMENT REPLACEMENT POLICY MECHANICAL VANDALISM PRICE INCREASES CONTROLS COMMISSIONS PAYMENT GUARANTEE TERM OF CONTRACT REPLACEMENTS INSURANCE REQUIREMENTS LETTER OF CREDIT EXCEPTIONS TO RFP REFERENCES Paqe Number 1 1 1 2 2 2 2 3 3 4 4 4 4 4 4 5 5 5 5 5 5 6 6 6 6 6 7 7 8 8 8 9 9 9 9 9 lO lO lO lO lO 11 11 11 11 MIAMI-MEI'RO VENDING _ CORPORATION City of Miami Beach RFP Number 92-96/98 ProPOSaL DOCUMENTS TO BE COMPLETED & RETURNED TO CITY CERTIFICATE OF STATUS DIV. OF CORPORATIONS CERTIFICATE OF USE CITY OF MIAMI BEACH OCCUPATIONAL LICENSE CITY OF MIAMI BEACH APPENDIX A-1 - SNACK PRODUCTS APPENDIX A-2 - PEPSI PRODUCTS APPENDIX A-3 - COKE PRODUCTS APPENDIX A-4 - ICE CREAM PRODUCTS APPENDIX A-5 - GENERAL MERCHANDISE APPENDIX A-6 - COFFEE PRODUCTS APPENDIX A-7 - GATORADE PRODUCTS APPENDIX B - REDUCED AND FAT-FREE PRODUCTS APPENDIX C - INITIAL MACHINE PLACEMENT ATTACHMENT 1 - PEPSI ATTACHMENT 2 - COKE ATTACHMENT 3 - COKE ATTACHMENT 4 - SNAPPLE ATTACHMENT 5 - SNAPPLE ATTACHMENT 6- GLASSFRONT MERCHANISER ATTACHMENT 7 - SNACKSHOP ATTACHMENT 8 - HOT DRINK CENTER ATTACHMENT 9 - HOT BEVERAGE MERCHANDISER ATTACHMENT 10 - GATORADE 12-20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 PLEASE NOTE: PUBLIC ENTITY' CRIMES STATEMENT IS ON FILE WITH THE CITY. MIAMI-METRO VENDING CORPORA'lION City of Miami Beach RFP Number 92-96/98 City of Miami Beach Request For Proposal - Vending Services July 11, 1997 Executive Summary Company Description Miami-Metro Vending Corporation is a company that brokers vending accounts by subcontracting all service work to the best vending companies in South Florida. Vending Brokers are widely used by large companies that have multi-locations and various types of vending machines locally, regionally and nationally. Miami-Metro Vending Corporation advises all execution of work and handles all administrative and statistical tasks. Therefore, working on behalf of it's clients to handle all problems associated with vending companies, and .qrowin.q the client's vendin.q business to it's maximum capacity. Additionally, because MMVC specializes in vending, it can negotiate the best commissions in the industry, assuring it's clients that they are receiving the greatest commissions available. Selected Sub-Contractors Pepsi Cola Bottling Company. (Fortune 500 Company) Soda Sport Drink Juice Water Coca-Cola Bottling Company (Fortune 500 Company) Soda Spod Drink Juice Water Southeast Vending Snapple Gatorade J & H Vending Snacks Coffee Food Ice Cream Vendors Ice Cream MIAMI-METRO VENDING CORPORATION City of Miami Beach RFP Number 92-96198 Page Number 1 Service Miami-Metro Vending Corporation will handle afl service aspects of City of Miami Beach account. For any type of service, City of Miami Beach need call only one number ( 410- 9700). Miami-Metro Vending Corporation will orchestrate all service the City of Miami Beach account. City of Miami Beach may be assured of the following: Quality Products Maintenance Refunds Marketing Service Controls Management Reports Conclusion Miami-Metro Vending Corporation is prepared if selected, to grow vending revenues at City of Miami Beach. Currently, due to prioritization, the City's vending program is under utilizing the placement of different vending machines and the product dispensed throughout the city. Commissions City of Miami Beach will receive the following commissions based on "Gross Sales": 22.50% on Pepsi soda sales (12oz.) of 50 cents per can 30.00% on Pepsi soda sales (12oz.) of 60 cents per can 20.00% on Coke soda sales (12oz.) of 50 cents per can 25.00% on Coke soda sales (12oz.) of 60 cents per can 22.50% on Pepsi sales (20oz.) of $1.00 per bottle 20.00% on Coke sales (20oz.) of $1.00 per bottle 20.00% on Juice Drink (Pepsi) sales of 75 cents per can 20.00% on Juice Drink (Coke) sales of 75 cents per can 20.00% on Sport Drinks (Pepsi) sales of 75 cents 20.00% on Sport Drinks (Coke) sales of 75 cents 15.00% on Snapple Drink sales of $1.00 15.00% on Gatorade sales of $1.00 10.00% on Coffee sales of multiple prices 10.00% on Snack sales of multiple prices 10.00% on Ice Cream sales of multiple prices 0.00% on Food sales of multiple prices Guarantee City of Miami Beach will receive a minimum monthly guarantee of $1,200.00, applied against an annual minimum guarantee of $14,400.00 per year. The guarantee is J a~ppl_.~ied a~gcinst all percentage commissions paid per year. (As r~l~-r~Se'~-~C~ in Option 1 of 4) MIAMI-METRO VENDING CORPORATION City of Miami Beach RFP Number 92-96/98 Page Number 2 Options Description Minimum Minimum Minimum Minimum Guarantee Guarantee Guarantee Guarantee Monthly Yearly Monthly Yearly Option 1 $1,200.00 $14,400.00 $1,200.00 $14,400.00 Option 2 $18,000.00 $18,000.00 Option 3 $1,800.00 $21,600.00 $1,800.00 $21,600.00 Option 4 $25,000.00 $25,000.00 Description Minimum Minimum Minimum Minimum Minimum Minimum Guarantee Guarantee Guarantee Guarantee Guarantee Guarantee Monthly Yearly Monthly Yearly Monthly Yearly Option 1 $1,200.00 $14,400.00 $1,200.00 $14,400.00 $1,200.00 $14,400.00 Option 2 $18,000.00 $18,000.00 $18,000.00 Option 3 $1,800.00 $21,600.00 $1,800.00 $21,600.00 $1,800.00 $21,600.00 Option 4 $25,000.00 $25,000.00 $25,000.00 Notes: Option 1 is based on vend prices and terms submitted in response as requested. Option 2 is based on vend prices, terms submitted and a flat fee up front payment per year, with no reporting as suggested by the City Commission Audit Committee. Option 3 is based on vend prices and terms submitted in response, except increasing price on 12 ounce soda from 50 cents to 60 cents. Option 4 is based on vend prices, except increasing prices on 12 ounce soda from 50 cents to 60 cents, terms submitted and a flat fee up front payment per year, with no reporting as suggested by the City Commission Audit Committee. Non-Cash Remuneration MMVC and it's subcontractors will provide the City of Miami Beach' at least $5000.00 combined of Market / Event Support and Product over the course of the two year contract. This would include, but not limited to, T-shirts, towels, hats and products such as Pepsi, Gatorade and Mountain Dew. MIAMI-METRO VENDING CORPORATION City of Miami Beach RFP Number 92-96/98 Page Number 3 Other Information PLACEMENT & LICENSING Vending machines will be furnished, installed, delivered and picked up at the end of the contract and during the contract to all existing and future locations at no cost. These machines will be licensed in accordance with local, city, county, state and federal agencies as required by statute at no additional cost to City of Miami Beach. BRAND NAMES Brand names are used in this proposal for the sole purpose of establishing minimal requirements for quality and nutritional value of each product. Other brands of equal or superior quality and nutritional value may be suggested in the future, and will be added only with the approval of City of Miami Beach. All decisions made by City of Miami Beach pertaining to the quality shall be final and in its best interests. Samples may be requested for evaluation at no cost to City of Miami Beach. DELIVERIES All deliveries will be made in accordance with good commercial practice. The products shall be maintained and delivered in excellent condition, and if not, it shall be returned to Vending Company and exchanged for suitable merchandise or full credit. HEALTH STANDARDS Products will be manufactured and vended under and comply with all applicable city, county, state and federal health ordinances. LOCATION CHANGES Additional locations may be added or deleted if needed and/or requested during the contract period at the sole discretion of City of Miami Beach. Location deletions will affect minimum guarantee. If selected, MMVC and City will mutually agree to create the initial equipment deployment as the base line for the minimum guarantee. PARKING REGULATIONS Vending Company will meet all City of Miami Beach parking regulations. In addition, a map of all authorized parking areas for service vehicles will be provided by City of Miami Beach. MIAMI-ME11;~ VENDING CORPORATION City of Miami Beach RFP Number 92-96/98 Page Number 4 PRODUCTS Prices contained within the proposal shall be fixed and firm for the duration of the contract unless Miami-Metro Vending Corporation and City of Miami Beach mutually agree upon the changes. Please refer to Appendixes A1-8 for a listing of all products available for initial placement. The enclosed product listing includes the product categories, itemized brands and items, prices, and sizes. NEW IDEAS & NEW PRODUCTS Listed below are some, but not limited to some new products and ideas for the City's vending program. Should the City of Miami Beach not restrict products, as in the past here are but a few new ideas to increase choice and revenues. Contests To recognize valuable City of Miami Beach employees, promotional items can be used to reward "Employees of the Month. As a means of increasing sales, stickers attached to a vending product can be redeemed for a prize such as a T-shirt, baseball cap or towel. Fat or Fat Free Products Miami-Metro Vending Corporation and its subcontractors propose to increase vending sales revenues by increasing the number of products available and creating the proper distribution of product to appeal to a greater market segment. One market niche, currently neglected is reduced or fat free snack products. Please refer to Appendix B for a listing of all snack products considered reduced fat or fat free. Reduced fat or fat free products may be added or deleted upon the mutual agreement of City of Miami Beach and Miami-Metro Vending Corporation. New Beveraqes Wide Mouth 20 Ounce Gatorade Products Avalon Imported Natural Spring Water Snapple Products Cappuccino, Coffee & Flavored Coffee Products MIAMI-METRO VENDING CORPORAtiON City of Miami Beach RFP Number 92-96/98 Page Number 5 General Merchandise Machine Sandwiches, Bagels, Pizza, Hotdogs and Hamburgers are some examples of food products that can be sold in a General Merchandise Machine. Glass Front Beveraqe Vendor The Glass Front Beverage Vendor is a new type of vendor (see Attachment 4). The vendor offers variety of product mix and the uniqueness of a bottle drop as a means of product delivery. REFUND POLICY MMVC's refund policy is to replace any monies legitimately lost while purchasing a vended product. It is the intent of Miami-Metro Vending Corporation and its subcontractors to refund any monies lost due to mechanical malfunction of vending machines. Because refunded monies impact the gross sales of City of Miami Beach account, it is the intent of Miami-Metro Vending Corporation and its subcontractors to keep illegitimate refund claim's to a minimum. An impressed refund account of $50.00 can be held by the Purchasing Department for refunding on a sign out basis for City employees or the public. Miami-Metro Vending Corporation and its subcontractors are willing to institute a refund policy mutually agreeable to City of Miami Beach and Miami-Metro Vending Corporation. AUDITS City of Miami Beach has the right to audit any accounting records kept by Miami-Metro Vending Corporation and its subcontractors related to the City of Miami Beach account. Miami-Metro Vending Corporation uses the accounting firm of Mallah, Furman & Company P.A., Certified Public Accounts. MANAGEMENT REPORTS Miami-Metro Vending Corporation and its subcontractors will make available to City of Miami Beach monthly management reports. Miami-Metro Vending Corporation is willing to compile substitute reports and/or additional repods that are mutually agreeable to City of Miami Beach and Miami-Metro Vending Corporation. MIAMI-M~ VENDING CORPORATION City of Miami Beach RFP Number 92-96/98 Page Number 6 EQUIPMENT The first vendor deployment will consist of up to: Soda Machines (12oz.) 26 Juice Machines 2 Variety Beverage Machines (20oz.) 4 Snack Machines 4 Coffee / Espresso Machines 2 Ice Cream Machines 2 Food Merchandiser 1 Miami-Metro Vending Corporation and its subcontractors intend to use state-of-the-art vending equipment that includes built- in dollar bill acceptors and electronic coin changers. Miami- Metro Vending Corporation and its subcontractors will provide both new and reconditioned machinery for the City of Miami Beach account. Miami-Metro Vending Corporation and its subcontractors will ensure that the look of each machine is new and clean when delivered. City of Miami Beach will have sole discretion on the acceptance of all machines, and may reiect any machine at any time of delivery for any reason; Miami-Metro Vendinq Corporation and its subcontractors will provide a replacement. Additionally, Miami-Metro Vending Corporation will supply different types of vendinq such as food that is mutually agreeable to both the City an'd MMVC. Please see Appendix C for schedule of proposed equipment deployment. REPLENISHMENT SCHEDULE MMVC's replenishment policy is to always have the greatest selection of product available at all times, and to ensure that each slot in each machine always has product available for sale. Two factors determine how often each machine is refilled: consumption and selection/product mix. By sales over a period of time, Miami-Metro Vending Corporation's and its subcontractors' service representatives will determine speed of consumption for each machine, as well as the best and worst sellers. Replenishment will be at least one time per week and as often as needed. Miami-Metro Vending Corporation and its subcontractors service representative will be in communication at all times via electronic paging system such as a beeper, as well as by two-way radio. MIAMI-METRO VENDING CORPORATION City of Miami Beach RFP Number 92-96/98 Page Number 7 Should any machine need replenishing at a time other than the representative's scheduled stop due to atypical use, City of Miami Beach may call Miami-Metro Vending Corporation, who will dispatch the on-campus service representative immediately. SERVICE & REPAIR RESPONSE TIME MMVC and its subcontractors' service plan policy is to ensure that all machines are fully operational at all times. To accomplish this, full-time service representatives will service machines as quickly as possible and as often as needed. Service representatives will have spare parts available on their vehicles at all times. If other spare parts are needed in addition to those available, those parts will be inventoried at the warehouse, and most repairs will be completed within 24 hours. If a vending machine is out of order due to mechanical reasons beyond five days, City of Miami Beach, at its sole discretion, reserves the right to ask Miami-Metro Vending Corporation and its subcontractors for a replacement machine of equal or greater value. The above service policy also applies to cleaning and maintaining the machines, as well as repairing them. Miami-Metro Vending Corporation and its subcontractors will ensure that each machine opbrates in a safe and sanitary manner at all times, and that each machine appears attractive and appealing to its customers at all times. INSTALLATION DATE Miami-Metro Vending Corporation and its subcontractors are prepared to deliver and install all proposed equipment within 15 days after receiving written notification. This 15-day period shall be suspended during such periods when Miami-Metro Vending Corporation and its subcontractors must await approval on matters from City of Miami Beach. As an example, this suspension will apply to that or those location(s) for which Miami-Metro Vending Corporation and its subcontractors awaits approval from City of Miami Beach Director of Purchasing regarding electrical, plumbing and carpentry plans submitted by Miami-Metro Vending Corporation and its subcontractors. IMPROVEMENTS & SANITATION Miami-Metro Vending Corporation responds to this RFP with no physical improvements at this time. However, if, in the future all parties will mutually agree to responsibility of all costs relating to carpentry improvements. All plans for proposed improvements will be submitted to the Director of Purchasing for approval. City of Miami Beach will be responsible for providing all necessary utilities. MIAMI-ME'I];~ VENDING CORPORA'lION City of Miami Beach RFP Number 92-96/98 Page Number 8 EQUIPMENT REPLACEMENT POLICY Mechanical Replacement of original equipment for mechanical reasons will be at City of Miami Beach's request with an equal or better substitution mutually agreeable by the City of Miami Beach and Miami-Metro Vending Corporation. City of Miami Beach will have sole discretion to request substitute machines at all times should it determine the appearance or operation of the machine(s) is not satisfactory. Vandalism If, for reasons due to vandalism, a machine has been replaced more than two times, or the cost of repairs is two times the original cost of the machines, it shall be perceived by both City of Miami Beach and Miami-Metro Vending Corporation to mutually agree to solve this problem or not replace the machine. PRICE INCREASES City of Miami Beach may deal with industry-wide product increases in one of two ways: Either City of Miami Beach may pass on the increase by raising the sale price of the products affected; or City of Miami Beach may deduct the increase from its commission. Price increases will always b'e handled in a manner mutually agreeable to City of Miami Beach and Miami-Metro Vending Corporation. Should a product manufacturer change the quantity per serving of product, that product may be replaced with another product mutually agreeable to City of Miami Beach and Miami-Metro Vending Corporation. CONTROLS One of the most important factors in vendor-client relationships is accountability. Miami-Metro Vending Corporations and its subcontractors offer the following controls: 1) All soda machines are delivered with tamper-proof, one-way rolling meters (visible at all times from the machine front), assuring proper remuneration. 2) All other machines offer electronic digital read-out for easy at-a-glance audits. COMMISSIONS, PAYMENT & GUARANTEE The following commissions and guarantees apply to "RFP Vending Services" Options 1, 2, 3, and 4, and shall be applicable for the two year term of this bid unless City of Miami Beach and Miami-Metro Vending Corporation mutually agree to a change. MIAMI-METRO VENDING - CORPORATION City of Miami Beach RFP Number 92-96~98 Page Number 9 Commission Pepsi Soda Sales (50 Cents) Pepsi Soda Sales (60 Cents) Coke Soda Sales (50 Cents) Coke Soda Sales (60 Cents 25% Snapple Products 15% Gatorade Products 15% Juice 20% Sport Drinks, Pepsi & Coke (75 Cents) 20% Candy, Cookies, Crackers & Peanuts 10% Mints 10% Hot Beverage 10% Pastries 10% Snacks 10% Ice Cream 10% Sandwiches (Genera/) 0% 22. 5% of gross sales 30. 0% of gross sales 20% of gross sales of gross sales of gross sales of gross sales of gross sales of gross sales of gross sales of gross sales of gross sales of gross sales of gross sales of gross sales of gross sales Payment All commissions shall be paid by the 30th of the following month. Guarantee City of Miami Beach will receive a minimum monthly guarantee of $1,200.00, applied against an annual minimum guarantee of $14,400.00 per year. The guarantee is applied against all commissions paid per year. TERM OF CONTRACT Miami-Metro Vending Corporation and its subcontractors accept the term of this agreement to be in affect two years with 3 one year options beginning with the date of machine placement. REPLACEMENTS Miami-Metro Vending Corporation and its subcontractors will be responsible for the repair or replacement of vandalized equipment and the costs involved; except if, for reasons due to vandalism, a machine has been replaced more than twice, or the cost of repairs is two times the original cost of the machines. City of Miami Beach and Miami-Metro Vending Corporation will mutually agree to solve the vandalism problem or not replace the machine. MIAMI-M~ VENDING CORPORATION City of Miami Beach RFP Number 92-96~98 Page Number 10 INSURANCE REQUIREMENTS Miami-Metro Vending Corporation and its subcontractors will comply with all the insurance requirements required by City of Miami Beach Risk Management. LETTER OF CREDIT Miami-Metro Vending Corporation is prepared to post a Letter Of Credit mutually agreeable to City of Miami Beach and Miami- Metro Vending Corporation, or cash to guarantee execution of the vending contract between City of Miami Beach and Miami-Metro Vending Corporation and it's subcontractors. EXCEPTIONS TO RFP MMVC proposes dollar bill validators on all machines, instead of dollar bill changers at each interior location where two or more vending machines are situated. At the City of Miami Beach's option coffee / cappuccino service vending machines and ice cream machines will be provided at locations mutually agreeable to MMVC and the City, where the City will provide water utilities. Should the City not choose "Option 1" then percentage payments will be paid by the 30th of the following month. Guaranteed payments will be paid by the 15th of the month. FINANCIAL STATEMENT Not submitted due to Public Document Laws. Available for personal review, upon request. Assurance of execution is based on up-front payments or letter of credit in excess of total expected commissions. REFERENCES Company Mount Sinai Medical Center Contact Telephone Contract $ John DeSantis 672-2355 350,000.00 Cedars Medical Center Bill Bzdek 325-5491 250,000.00 Miami Head Institute Tim Adams 673-3114 150,000.00 MIAMI-METRO VENDING CORPORATION City of Miami Beach RFP Number 92-96/98 Page Number 11 SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFP NO.: DATE: 92-96/98 CITY OF MIAMI BEACH 6/19/97 27 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: .M~mi-Metro Vendinq Michael Milber~ 1688 Meridian Avenue Suite 203 Miami Beach, FL 33139 Corporation City/State: Telephone: Fax: (305) 672-0123 (305) 674-0302 It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has beeu agreed to and signed by both parties. ized Signature) Michael Milberq (Printed Name) 7/10/97 (Date) RFP NO.: DATE: 92-96/98 6/19/97 CITY OF MIAMI BEACH 28 REQUEST FOR PROPOSALS NO. 92-96/98 ACKNOWLEDGMENT OF ADDENDA Dlie'&i°ns~ c0m~lete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: x No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date Miami-Metro Vending Corporation (Proposer - Name) ~-' ~~('gnature) RFP NO.: 92-96/98 DATE: 6/I 9/97 CITY OF MIAMI BEACH 29 7/10/97 (Date) 14 TO: Jose Garcia-Pedrosa City Manager City of Miami Beach, Florida Submitted this 10thdayof DECLARATION July ,1997. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a forrnal contractual relationship between the proposer and the City of Miami Beach, Florida, for the perfom'~ance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the documents identified by the following number: 92-96/98. Michael Milberg PRINTED NAME President TITLE (IF CORPORATION) RFP NO.: 92-96/98 DATE: 6/19/97 CITY OF MIAMI BEACH 30 Bo PROPOSAL FORM RFP 92-96/98, OPERATION OF VENDING MACHINE CONCESSION AT VARIOUS LOCATIONS ON CITY PROPERTY IN THE CITY OF MIAMI BEACH The proposer hereby offers to enter into an agreement with the City of Miami Beach for the exclusive privilege of operating a vending machine concession at various locations for a two-year period with three 1-year' renewal options, at the City's discretion, as detailed in these specifications. CONCESSION PAYMENTS: The proposer offers to pay to the City of Miami Beach the greater of the following two amounts: MINIMUM GUARANTEE YEAR1 $ 1200 /PER MONTH $ 14,~100 /YEAR YEAR2 $ q200 /PER MONTH $ 14,400 /YEAR IF RENEWAL OPTIONS ARE EXERCISED: YEAR 3 $ 120'0 /PER MONTH $ q 4400 /YEAR YEAR4 $ 1200 /PER MONTH $ 14,400 /YEAR YEAR 5 $ 1200 /PER MONTH $ 14 , 400 /YEAR -OR- PERCENTAGE OF GROSS RECEIPTS % FI{OM $0 TO $ PER MONTH ~% FROM $ TO $ PER MONTH % FROM $ TO $ PER MONTH Of proposal, titled "commissions" Michael Milberg PRINTED NAME RFP NO.: DATE: 92-96/98 CITY OF MIAMI BEACH 6/19/97 31 Proposer's Name: Principal Office Address: Official l~epresenta{ivc: Individual Partnership (Circle One) Corporation If a Corporation, ans~ver thi.~: When Incorporated: In what State: If Foreign Corporation. Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: QUESTIONNAIRE Miami-Metro Vendinq Corporation 1688 Meridian Avenue Suite 203 Michael Milberg lq84 Florida I'rcsidcnt's Name: Vice-President's Name: Treasurer's Na me: Members of Iloard of Directors: Michael Milberg Michael Milberg Michael Milberg RFP NO.: 92-96/98 DATE: 6/19/97 CITY OF MIAMI BEACll 32 Ouestionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners.in a Limited Partnership o Number of years of relevant experience in operating similar business: 1 4 Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No Il'yes, give details on a sel)arate sheet. Ilas the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an a~vard has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: Difference of interpretation, matter resolved. RFP NO.: DATE: 92-96/98 CITY OF MIAMI BEACH 6/19/97 33 Ouestionnaire [continued) Has tile proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? NO If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. Person or persons interested in this bid and Qualification Form (have) X (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: o Lawsuits (any) pending or completed involving the individuals with more than ten percent (10%) interest: A. List all pending lawsuits: Civil, involvinq automobile accident 4 corporation, partnership or years ago. B. List all judgments from lawsuits in tile last five (5) years: Co List any criminal violations and/or convictions of tile proposer and/or any of its principals: None Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, so state.) RFP NO.: DATE: 92-96/98 CITY OF MIAMI BEACIt 6/19/97 34 The proposer understands that infi~rmation contained in this Questionnaire will be relied npon by tile City in awarding tile proposed Agreement and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional infornmtion, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City Manager. The proposer further understands that tile information contained in this questionnaire may be confirmed through a background investigation conducted by the Mialni Beach Police Department. By submitting this questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily li~nited to fingerprinting and providing information for credit check. WITNESSES: IF INDIVIDUAL: Signature Signature Print Name WITNESSES: Print Name IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Signature By: (General Partner) (Print~ ~ tWITI~E~': Signature W~ndy Unger Print Name RFP NO.: 92-96/98 DATE: 6/I 9/97 (Print Name) IF CORPOILA. TION: Miami-Metro Vending l),'int Name of Coq)oration 1688 Meridian Ave., Address By: ~1 ~"X Corporation #203 Attest: 20 I certify from the records of this office that MIAMI METRO VENDING CORPORATION is a corporation organized under the laws of the State of Florida, filed on March 13, 1984. The document number of this corporation is G91109. I further cedify that said corporation has paid all fees and penalties due this office through December 31, 1997, that its most recent annual report was filed on June 23, 1997, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. CR2EO22 (2-95) (l~3i~'~t,n tmth~.,r mE llmnh m~th file Twenty-fifth tha~ tff June, '1997 CITY OF MIAMI BEACH i ~CERTIFICATE NO 970081 B9301007 MIAMI-METRO VENDING 1688 MERIDIAN AVE STE 203 MIAMI BEACH, FL. 33139-2705 CERTIFICATE OF USE '"_'EX~,ZRES:~I & ANNUAL FIRE INSPECTION FEE OCCUPANCY: NAME AND ADDRESS MIAMI-METRO VENDING CORP 1688 MERIDIAN AV 203 OFFICE TYPE OF USE CITY OF MIAMI BEACH Finance Department 1700 Convention Center Dr. Miaali Beach, FL. 33139-1819 PRESORTED FIRST CLASS U,S. POSTAGE PAID MIAMI BEACH. FL PERMIT NO. 7048 MI AMI-METRO VENDING 1688 MERIDIAN AVE STE 203 MIAMI BEACH, FL. 33139-2705 CITY OF MIAMI BEACH OCCUPATIONAL LICENSE 1700 Convention Cenler Drive Miami Beach, Florida 33139-1824 BUSINESS INFORMATION AI)i)RESS: 1688 MERIDIAN AV ~203 TRADE NAME: MIAMI-METRO VENDING CORP IN CARE OF: MICIIAEL MILBERG ADDRESS: 1688 MERIDIAN AVE STE 203 CITY: MIAMI BEACH, FL A penalty is imposed for failure to keep th~s license exhibited conspicuously at your place of business. A business license issued under this article does not waive or supersede other City Laws, does not constitute City approval of a particular business activity and' does not excuse the licensee from al[other laws applicable to the licensee's business. This license may be transferred: A. Within 30 days of a bonaf de sale, otherwise a complete annual payment is due. B. To another location within the City if proper approvals and the license are obtained prior to the opening of the new location. ~ Begimfing: oct. 1, 1996 Exl)iralion: sept. 30, 1997 LICENSE No. 65864 ACCOUNT No. 000202471 OCCIII'. CODE UNITS PI~'I'E No. OCCUI'ATION 03128000 5000600 BROKER FROM: CITY OF MIAMI BEACII 1700 CONVENTION CENTER I)RIVI.; MIAMI BEa, Cll, FL. 33139 -1824 PRESORTED I"l R 5-r CLASS U.S. Po~'rACE PAID MIAMI BEACll, FL PERMrr Ne MIAMI-METRO VENDING CORP 1688 MERIDIAN AVE STE 203 MIAMI BEACH, FL 33139-2705 City of Miami Beach RFP - Vending Services Appendix A-1 Initial Machine Placement Product Mix Snacks CATEGORY PRODUCT BRAND NAME SIZE PRICE DESCRIPTION OUNCES Snacks Wheat Thins Nabisco 1.75 $ 0.60 Bagel Chips New York 1.25 $ 0.60 Combos M & M Mars 1.80 $ 0.60 Chedar Crackers Frito Lay 1.50 $ 0.60 Plaintains Chifles 0.75 $ 0.60 Lay's Rag Chips Frito Lay 1.00 $ 0.50 Cheetos Fdto Lay 1.08 $ 0.50 Chedar Sour Cream Chips Frito Lay 1.00 $ 0.50 Salt & Viniger Chips Frito Lay 1.00 $ 0.50 Dorito Nacho Chips Frito Lay 1.00 $ 0.50 Fritos Frito Lay 1.65 $ 0.50 Mini Pretzels Frito Lay 1.65 $ 0.50 K.C. BBQ Chips Frito Lay 1.00 $ 0.50 Taco Skin Keebler 1.25 $ 0.50 Hot Fries Andy Capp 1.00 $ 0.50 Candy Nutra - Sweet Wafter Heritage 1.75 $ 0.60 Ch. Peanut Butter Crackers Frito Lay 1.40 $ 0.50 Oreo Nabisco 1.80 $ 0.50 Swiss Nabisco 1.80 $ 0.50 Lorna Doone Nabisco 1.50 $ 0.50 Oreo Granola Nabisco 1.50 $ 0.60 Fat Free Cranberry Bar Lance 1.75 $ 0.60 Kit Kat M & M Mars 1.40 $ 0.60 MilkyWay M & M Mars 2.15 $ 0.65 Crunch Nestles 1.55 $ 0.65 Twix M & M Mars 2.00 $ 0.65 Snickers M & M Mars 2.00 $ 0.65 M & M Plain M & M Mars 1.69 $ 0.65 M & M Peanut M & M Mars 1.74 $ 0.65 Reese's Peanut Cups M & M Mars 1.60 $ 0.65 Skittles Hershey 2.17 $ 0.60 Toast Peanut Butter Frito Lay 1.80 $ 0.50 Oat Bar Nature Valley 1.60 $ 0.60 M & M Almond M & M Mars 1.76 $ 0.65 Almond Joy Hershey 1.76 $ 0.65 Pastry Apple Danish Mrs. Freshly 4.00 $ 0.70 Cherry Cheese Danish Mrs. Freshly 4.00 $ 0.70 Choc. Chip Cookies Famous Amos 2.00 $ 0.70 Honey Bun Mrs. Freshly 4.50 $ 0.70 Grandma's Big Cookie Frito Lay 2.75 $ 0.70 Mints Peppermint Beechnut 11 pcs. $ 0.40 Spearmint Beechnut 11pcs. $ 0.40 Wild Cherry Beechnut 11 pcs. $ 0.40 5 Flavors Beechnut 11 pcs. $ 0.40 Tropical Fruit Beechnut 11 pcs. $ 0.40 7~9~97 3:15 PM CMBRFPSNACKS RFP - Vending Services 24 Sheet1 CATEGORY Soda luice Sports Drink City of Miami Beach RFP ~ Vending Services Appendix A-2 Initial Machine Placement Product Mix Soda, Juice, Teas and Sport Drinks PRODUCT DESCRIPTION Fruit Punch Cranberry Apple Orange Crangrape Ruby Red Mauna Lai Grape Lemon Lime Fruit Punch Orange BRAND NAME Pepsi Caffeine Free Pepsi 7- Up Cherry 7 - Up Diet Sunkist Sunkist Fruit Punch Diet Dr. Pepper Diet Mountain Dew Lipton Raspberry Diet Pepsi Diet Caffeine Free Pepsi Diet 7 - Up Sunkist Grape Slice Dr. Pepper Mountain Dew Mug Root Beer Seagram's Ginger Ale Diet Lipton Ocean Spray Ocean Spray Ocean Spray Ocean Spray Ocean Spray Ocean Spray Ocean Spray All Spod All Sport All Sport All Sport Pepsi SIZE PRICE 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.50 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 12 Ounces $ 0.75 20 Ounce 7/9/973:13 PMCMBRFPCOLDBEVSheetl RFP- Vending Services Sheet1 City of Miami Beach RFP - Vending Services Appendix A-3 Initial Machine Placement Product Mix Soda, Juice, Teas and Sport Drinks l CATEGORY PRODUCT BRAND NAME SIZE PRICE DESCRIPTION Soda Coke 12 Ounces $ 0.50 Diet Coke 12 Ounces $ 0.50 Sprite 12 Ounces $ 0.50 Surge 12 Ounces $ 0.50 Caffeine Free Coke 12 Ounces $ 0.50 Caffeine Free Diet Coke 12 Ounces $ 0.50 Minute Maid Orange 12 Ounces $ 0.50 Grape 12 Ounces $ 0.50 Fruit Punch 12 Ounces $ 0.50 12 Ounces $ 0.50 Citra 12 Ounces $ 0.50 Cherry Coke 12 Ounces $ 0.50 Barq Root Beer 12 Ounces $ 0.50 Juice Strawberry Passion Fruitopia 12 Ounces $ 0.75 Pink Lemonade Fruitopia 12 Ounces $ 0.75 Grape Beyond Fruitopia 12 Ounces $ 0.75 Fruit Integration Fruitopia 12 Ounces $ 0.75 Fruit Integration Fruitopia 16 Ounces $ 1.00 Grape Beyond Fruitopia 16 Ounces $ 1.00 Pink Lemonade Fruitopia 16 Ounces $ 1.00 Strawberry Passion Fruitopia 16 Ounces $ 1.00 Mind over Mango Fruitopia 16 Ounces $ 1.00 Orange Juice Minute Maid 16 Ounces $ 1.00 Apple Juice Minute Maid 16 Ounces $ 1.00 Fruit Punch Minute Maid 16 Ounces $ 1.00 Cranberry Raspberry Apple Minute Maid 16 Ounces $ 1.00 Sports Drink Fruit Punch Powerade 12 Ounces $ 0.75 Lemon Lime Powerade 12 Ounces $ 0.75 Orange Powerade 12 Ounces $ 0.75 Mountain Blast Powerade 12 Ounces $ 0.75 Tea Nestea 16 Ounces $ 1.00 Diet Nestea 16 Ounces $ 1.00 Water Naya 16.9 Ounces $ 1.00 7/9/9711:41 AMCMBRFPCOCACOLASheetl RFP - Vending Services 26 ;ATEGORY Ice Cream PRODUCT DESCRIPTION Fruit Pop Vanilla Pop Ice Cream Sandwich City of Miami Beach RFP - Vending Services Appendix A-4 Initial Machine Placement Product Mix Ice Cream BRAND NAME SIZE PRICE OUNCES N/A N/A N/A 4.00 $ 0.75 3.50 $ 0.75 3.50 $ 0.75 7/9/97 3:15 PM CMBRFPICECREAM RFP- Vending Services City of Miami Beach RFP - Vending Services Appendix A-5 Product Choices General Merchandise CATEGORY General Merchindise Hot Sandwiches Cold Cut Sandwiches Specials Croissants Miscellaneous Dairy PRODUCT BRAND NAME PRICE DESCRIPTION Cheeseburger Yes $ 1.25 Hamburger Yes $ 1.25 Hot Dog Yes $ 1.25 Chili Dog Yes $ 2.00 Dbl Cheese Burger Yes $ 2.00 Sausage/Egg/Cheese Yes $ 2.00 Ham/Egg/Cheese Yes $ 2.00 Corn Dog Yes $ 1.25 Hoagie Yes $ 1.25 Ham & Cheese Yes $ 1.75 Turkey & Cheese Yes $ .1.75 Salami & Cheese Yes $ 1.75 Bolgna & Cheese Yes $ 1.75 Tuna Salad Yes $ 1.75 Egg Salad Yes $ 1.75 Chicken Salad Yes $ 1.75 Ham Salad Yes $ 1.75 Ham & Cheese Yes $ 2.00 Turkey & Cheese Yes $ 2.00 Roast Beef Yes $ 2.00 BBQ Beef Yes $ 2.00 Fish Filet Yes $ 2.00 Chicken Filet Yes $ 2.00 Twin Chili Dog Yes $ 2.00 Smoked Sausage Yes $ 2.00 Country Steak Yes $ 2.00 Media Noche Yes $ 2.00 Cuban Yes $ 2.00 Pizza Burger Yes $ 2.00 BBQ Chicken Yes $ 2.00 Ribwich Yes $ 2.00 Ham & Cheese Yes $ 2.00 Pizza Yes $ 1.75 Tuna Salad Yes $ 2.00 Chicken Salad Yes $ 2.00 Egg Salad Yes $ 2.00 Ham Salad Yes $ 2.00 Muffins Yes $ 1.00 Bagel/Cream Cheese Yes $ 1.00 French Bread Pizza Yes $ 2.00 Jamacian Patties Yes $ 1.25 Soft Tacos Yes $ 1.50 Burrito Yes $ 1.25 Hot Pockects Yes $ 1.25 Dannon Yogert Yes $ 1.00 Milk Yes $ 0.60 Brand Names include but are not limited to: Oscar Mayer, Jimmy Dean, Kraft L_a_n d_.T__he R_e? B_ar_ro_n:. 7/9/97 3:15 PM CMBRFPGENERAL RFP - Vending Services .?..8 CATEGORY Fresh Ground PRODUCT DESCRIPTION Coffee Decaf Coffee Cafe Mocha French Vanilla Espresso Cappuccino Hot Chocolate Whitener Sugar Lo Cai Sweetner Coffee Decaf Coffee Cafe Mocha French Vanilla Espresso Cappuccino Hot Chocolate Whitener Sugar Lo Cai Sweetner City of Miami Beach RFP - Vending Services Appendix A-6 Initial Machine Placement Product Mix Coffee BRAND NAME SIZE PRICE OUNCES N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 7.00 $ 0.50 7.0O $ 0.50 7.OO $ 0.5O 7.OO $ 0.50 7.00 $ 0.50 7.00 $ 0.50 7.00 $ 0.50 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 12.00 $ 0.75 12.00 $ 0.75 12.00 $ 0.75 12.00 $ 0.75 12.00 $ 0.75 12.00 $ 0.75 12.00 $ 0.75 7/9/97 12:32 PM CMBRFPCOFFEE RFP - Vending Services 29 Sheet1 CATEGORY Sport Drink PRODUCT DESCRIPTION Gatorade City of Miami Beach RFP - Vending Services Appendix A-7 Initial Machine Placement Product Mix Sport Drinks BRAND NAME SIZE PRICE Lemon Lime Fruit Punch Orange Lemon Ice Strawberry Kiwi Cool Blue Raspberry 20 Ounces $ 1.00 20 Ounces $ 1.00 20 Ounces $ 1.00 20 Ounces $ 1.00 20 Ounces $ 1.00 20 Ounces $ 1.00 7/9/9711:41 AMCMBRFPgatoradeSheetl RFP - Vending Services 30 Sheet1 City of Miami Beach RFP - Vending Services Appendix B Snack Machine - Reduced & Fat Free Available Items CATEGORY Snacks PRODUCT DESCRIPTION PopCorn Potato Chips Pretzels Pastry Cookies & Wafers BRAND NAME Act One 96% Fat Free Eagle Brand 40% Less Fat Potato Chips Rold Gold Fat Free Thins Kellog's Nutri Apple Kellog's Nutri Blueberry Kellog's Nutri Strawberry Lance Low Fat Cranberry Bar Lance Low Fat Toastchee Mrs. Freshley's 97% Fat Free Cinn. Roll Nabisco Fig Newton Nabisco Low Fat Apple Bar Nabisco Oreo Granola Bar Nabisco Strawberry Newton SnackWell Chocolate SnackWell Chocolate Chip SnackWell Cream SIZE PRICE 7/9/973:54 PMcmbrfp fatfreeSheetl RFP - Vending Services 31 ;ATEGORY Soda Total Soda Snack Juice Coffee/Espresso Beverage Glass Front Ice Cream General Food City of Miami Beach RFP - Vending Services Appendix C Proposed Initial Machine Placement LOCATION City Hall Convention Center Fire Station 1 Fire Station 2 Fire Station 3 Fire Station 4 Flamingo Park Tennis Fleet Management Gleason Theater Log Cabin Marine Patrol Old City Hall/Courthouse Parking Department Police Station Properly Management South Pointe Park VCA DESCRIPTION City Hall Police Station Convention Center Parking Department Total Snack City Hall Police Station Total Juice City Hall Police Station Total Coffee/Espresso City Hall Police Station Total 20 Ounce City Hall Police Station Total Ice Cream City Hall All Cold Drink Machines will be new Dixie Narco or Vendo. All Snack Machines will be new A.P or refurbished National. Coffee/Espresso will be National Grinders. Model numbers upon request. QUANTITY 3 3 1 1 1 1 1 1 1 1 1 1 1 4 1 3 1 26 2 2 4 1 1 2 7/9/97 3:13 PM CMBRFPEQUIP RFP - Vending Services 32 Vending from The Message: , F.RES HME NT The #1 brand in soft drink refreshment in 12 oz. cans. Offer At \Vork consumers the #1 brand in soft drink refreshment in the Genuine C,~ca-C,~la boI~lc. Offer At \Vork Consumers a refreshi~g variety of beverages. 01996 The Coca-Cola Company. "Coca-Cola", "Minute MaiC'. "Fruitopla". the Conlu ~r [¢o e design, arid the Dynamic Ribbot~ device are registered trademarks of Ttle Coca-Cola Comoanv t,~eslea is a remsh;red Ira~temark licen!ief~ Io (inca ¢,rlla h\' Nesllf'! Ri!flea;firTh!rd ¢,o!Ilt/:/r/v {IS~A PEPSI Vending from Provide active employees reptenishn'~ent at their "point: ot: sweat" - where and when d~ey need it most. POW£1 $D£ Offer At Work consumers thc power of fl'uit with a variety of fl'u it-based beverages. Provide a £ull linc of 100% fl'uit jt~ices and fruit juice drinks to satis~? a variety of co~st~mcr tastes. 3? The LCh12: our mid.sized glassflont merchandiser at a lower cost' Snackshop 7000 Series SNACKS ~imple. £~o#omi~aL ~mar~.