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Home My WebLink AboutR-2021-003 Concessionaire Agreement with DC Vending and DistributionRESOLUTION NO. R-2021-003 A RESOLUTION awarding RFP 12027P and authorizing the City Manager to execute a concessionaire agreement with DC Vending and Distribution to provide beverage, food, and goods be sold at the Yakima Air Terminal -McAllister Field. WHEREAS, the City owns and operates Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State and Local regulations; and WHEREAS, the Yakima Air Terminal -McAllister Field desires to provide beverage, food, and goods from reputable vendors in order to provide airport tenants, passengers, and the public vending options as they visit the airport; and WHEREAS, the City does not have the staffing levels or the specialized expertise necessary to provide said services in the main terminal building; and WHEREAS, the Yakima Air Terminal -McAllister Field is an enterprise fund where a percentage of gross revenues collected from products being sold will be utilized in support of the daily operations and maintenance functions at the airport; and WHEREAS, on Friday, October 23, 2020, the City requested proposals from reputable beverage companies to provide beverage, food, and goods to be sold at the main terminal building located at 2300 West Washington Avenue; and WHEREAS, on Monday, November 9th, the Purchasing Department under a competitive bidding process received three sealed bids and formed a selection committee to further evaluate each bid's responsiveness as outlined in the Request for Proposals and has determined DC Vending and Distribution is the most responsive to the airport's criteria to provide food, beverages, and goods to customers in the main terminal building; and WHEREAS, DC Vending and Distribution is willing to provide said concessionaire services in accordance with the terms and conditions of the attached Agreement; and WHEREAS, the City Council has determined that approval of said agreement will promote the purposes of the Yakima Air Terminal -McAllister Field, will encourage increased passenger amenities as well as provide for the general health, safety and welfare of the citizens and is therefore in the best interests of residents of the City of Yakima; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached concessionaire agreement with DC Vending and Distribution for the purpose of providing beverage, food, and goods to airport tenants, passengers, and the public as they visit the airport's main terminal building. ADOPTED BY THE CITY COUNCIL this 5th day of January,,2021. t i-Tpq ST:` *� . Patricia Bye?; Mayo Sonya Claar ee, City Cler CITY OF YAKIMA YAKIMA AIR TERMINALIMCALLISTER FIELD FOOD AND BEVERAGE VENDING MACHINE SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ('City') and DC Vending and Distributing, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The minimum services that the Contractor will provide include services described in RFP 12027P Food and Beverage Vending Machine Services which are attached as Exhibit A hereto and incorporated herein by this reference. 2. Compensation The Contractor agrees to pay the City of Yakima according to Exhibit B, a commission on gross sales by the 20th of each month during the contract term for the immediately preceding calendar month. Any commission payment past due shall accrue a delinquency charge of twelve percent (12%) per annum from due date until paid. The delinquency charge shall be calculated by an average of the three immediately preceding commission payments. 3. Contract Term The period of this Contract shall be for a period of one year from it effective date. The City may, at its option, extend the Contract on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) daysnotice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew, Percentages of gross sales shall remain firm for the first twelve month period of the Contract. 4. Changes Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid, 5. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 6. Successors and Assigns a. Neither the City, nor the Contractor, shall assign. transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other, b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor, 7. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand, All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 8. Inspection and Production of Records a The records relating to the Services shall, at all times. be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract, c. All records relating to Contractors services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42,56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 9, Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications. working papers, and any other matenais the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 10. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance othe Services. 11. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, ordinances, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise including policies adopted by the City, as such laws, ordinances, rules, regulations and policies apply to the use and operation of Airport property, facilities and operations as those laws, ordinances, rules regulations and policies now exist or may hereafter be amended or enacted. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a, Procurement of a City Business License, Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license, b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number as required in Title 85 RCW. c, Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12,065(3), d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. e. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima, at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 12, Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensorymental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.) This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules. regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 13. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation inforrnation, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to fumish information. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, hens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials. officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment. action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. if any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harrnless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its subcontractors. and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement d. Nothing contained in this Section or his Contract shall be construed to create a liability or a right of indemnification in any third party e. The terms of this section shall survive any expiration or termination of this Contract. 15, Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims. damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance' The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2.000,000.00) per occurrence, combined single limit bodily injury and property damage. and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees. agents, attomeys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000 00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Bests Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workerscompensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1 ,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s), Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract, Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the City, its officers, elected and appointed officials, employees, agents, attomeys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractors negligence 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Request for Proposals No, #12027P Vending Services Yakima Air Terminal/McAllister Field, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions, These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St.. Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 18. Termination Termination for Cause The City may terminate the Contract after providing the Contractor with thirty (30) calendar days written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract, The Contractor may terminate the Contract after providing the City sixty (60) calendar days' notice of the City's right to cure a failure of the City to perform under the terms of the Contract. Upon the termination of the Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration Termination for Convenience: Either party may terminate the Contract at any time, without cause, by providing a written notice; the City by providing at least thirty (30) calendar days' notice to the Contractor, and the Contractor providing at least sixty (60) calendar days' notice to the City in advance of the intended date of termination, In the event of termination for convenience, the Contractor shall be obligated to pay the City the contract percentage due on all sales that occur up to the time the concession equipment is removed from the Air Terminal property. Final payments to the City on products sold shall be remitted to the City no later than twenty (20) days after the date the concession equipment was removed from the Airport Terminal property. Contract Cancellation: The City reserves the nght to cancel the Contract in whole or in part without penalty if the Contractor: a. Breaches or defaults an obligation under the Contract; b. Fails to perform any material obligation required under the Contract: c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final Judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice: e. Makes an assignment for the benefit of creditors: f. Fails to follow the sales and use tax certification requirements of the State of Washington g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non -procurement Contracts: j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information. proprietary, or containing Personally Identifiable Information. or I. Contractor performance threatens the health or safety of a City or municipal employee m. Change in Funding: lithe funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding. the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 19. Dispute Resolution in the event that any dispute shall arise as to the interpretation of this agreement. or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 20. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required. the City, may re -award the contract to the next most responsible proposer within 120 days from original award. 21. Substitution The Contractor shall not substitute or deviate from said specifications of this Contract without a written agreement amendment, signed by the City Manager, or pursuant to Section 53 below entitled "Change or Notice". Any violation of this procedure by the Contractor will be considered cause for immediate cancellation of the Contract for cause by the City. 22. Contractor Shall Furnish Except as otherwise specifically provided in this Contract, Contractor shall furnish the following, all as the same may be required to perform and provide the services in accordance with the terms of this Contract: personnel, labor, products and supervision; and technical, professional and other services. All such services, products, property and other items furnished or required to be furnished, together with all other obligations performed or required to be performed, by Contractor under this Contract are sometime collectively referred to in this contract as the '(Services)" 23. Complementary Provisions All Provisions of this Contract are intended to be complementary, and any services required by one and not mentioned in another shall be performed to the same extent as though required by all. Details of this services that are not necessary to carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished by Contractor as part of the services, without any increase in the compensation otherwise payable under this Contract. 23. Statements The Contractor shall furnish to the City a monthly statement of gross receipts showing the activity of each vending machine. This statement shall be submitted with the commission fee on or before the twentieth (20) day of each month for the pervious calendar month. The City will notify the Contractor promptly if any problems are noted with the statement or commission fee. Contractor will mail statements, reports, and commission fees to the City at the following address: City of Yakima Yakima Air Terminal/McAllister Field 2406 W. Washington Ave. Yakima, WA 98903 24, Prime Contractor Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of services and the payment of any and all charges resulting from its contractual obligations. 25. Delegation of Professional Services The services provided for herein shall be performed by Contractor, and no person other than regular associates or employees of Contractor shall be engaged on such work or services. Contractor shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any services to any other person or entity without the prior written consent of the City. Any such delegation or subcontracting without the City's prior written consent shall be voidable at the City's option. No delegation of subcontracting of performance of any of the services. with or without the City's prior written consent, shall relieve Contractor of its responsibility to perform the services in accordance with this Contract. Contractor shall be fully responsible for the performance, acts and omissions of Contractor's employees, Contractor's subcontractors, and any other person who performs or furnishes any services (collectively, the "Support). Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to performance of the services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City. Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as needed, and a separate set of books or records that reflect all items of income and expenses of the business that the Contractor is conducting Contractor shall perform the services in a timely manner and in accordance with the standards of the profession. At the time of performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the services in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform the services in accordance with its own methods. 26. Licenses If applicable, Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc„ should be made to the Office of Code Administration, telephone (509) 575-6121. In addition, Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington and their registration number must be listed on the bid/RFP/quote Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the services. 27. Removal of Subcontractor If dissatisfied with the background, performance, and/or general methodologies of any subcontractor. the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work/services under this Contract. 28, Taxes and Assessments Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax. FICA. social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. The Contractor shall neither suffer nor permit the attachment of any lien or other encumbrance on the leased premises by reason of Contractors occupancy thereof. Contractor agrees to indemnify the City and shall hold the City harmless from any such taxes and liens. 29. Contractor Tax Delinquency Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington 30. Inspection: Examination of Records The Contractor agrees to fumish the City with reasonable periodic reports and documents as it may request and in such form as the City requires pertaining to the work or services undertaken pursuant to this Agreement. The costs and obligations incurred or to be incurred in connection therewith, and any other matter are to be covered by this Agreement. The records relating to the services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities 31. Recordkeeping and Record Retention The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances. The City shall have the right to audit, review. examine, copy. and transcribe any pertinent records or documents relating to any contract resulting from this proposal held by the Contractor. The Contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made. 32. Confidential, Proprietary and Personally Identifiable Information Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other than the limited purposes set forth in this Contract, and all related and necessary actions taken in fulfillment of the obligations there under. Contractor shall hold all Confidential Information in confidence, and shall not disclose such Confidential Information to any persons other than those directors. officers. employees. and agents ("Representatives") who have a business -related need to have access to such Confidential Information in furtherance of the limited purposes of this Contract and who have been apprised of, and agree to maintain, the confidential nature of such information in accordance with the terms of this Contract. Contractor shall institute and maintain such security procedures as are commercially reasonable to maintain the confidentiality of the Confidential Information while in its possession or control including transportation, whether physically or electronically. Contractor shall ensure that all indications of confidentiality contained on or included in any item of Confidential Information shall be reproduced by Contractor on any reproduction, modification, or translation of such Confidential Information. If requested by the City in writing, Contractor shall make a reasonable effort to add a proprietary notice or indication of confidentiality to any tangible materials within its possession that contain Confidential Information of the City, as directed Contractor shall ensure that all indications of confidentiality contained on or included in any item of Confidential Information shall be reproduced by Contractor on any reproduction, modification, or translation of such Confidential Information. If requested by the City in writing, Contractor shall make a reasonable effort to add a proprietary notice or indication of confidentiality to any tangible materials within its possession that contain Confidential Information of the City, as directed. Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from the date of termination of this Contract, and shall return or destroy said Confidential information as directed by the City in writing. Contractor may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent such disclosure is required under law or a court order, provided that the City shall be given prompt written notice of such proceeding if giving such notice is legally permissible. 32. Price Increases Company shall not make any price increases to products or adjustments to commission rates without advance authorization and written consent from the City. If requested by the Contractor in writing thirty (30) days before the anniversary date of each year of the contract, the City will consider increasing the Contractor's product rates per the Seattle -Tacoma -Bremerton Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the previous twelve months. The City. in its sole discretion, will decide whether to approve or deny the rate increase request or any part thereof within 30 days of receipt of the request. If approved, increases shall take effect 30 days after written approval. The rates shown on proposal shall be consistently applied and remain firm throughout the first twelve months of the contract. Price increases or commission adjustments for any other justifiable reason will be considered on a case -by -case basis. However, for the entire duration of the Contract the percentage of gross revenues shall not fall below the percentages provided in Section 2 Compensation. Price increase or commission adjustment requests will not be considered or granted until any outstanding required financial reports and/or commissions have been submitted to the City. 33. Suspension of Work The City may suspend, in writing, all or a portion of the Service under this Agreement if unforeseen circumstances beyond the City's control are interfering with normal progress of the Service. The Contractor may suspend, in writing by email or certified mail all or a portion of the Services under this Agreement if unforeseen circumstances beyond Contractor's control are interfering with normal progress of the Service. The Contractor ma suspend Services on the Project in the event the City does not pay invoices when due, except where otherwise provided by the Agreement. The time for completion of the Service shall be extended by the number of days the Service is suspended. if the period of suspension exceeds ninety (90) days, the term s of this Agreement are subject to renegotiation, and both parties are granted the option to terminate the Service on the suspended portion of Project in accordance with Section 18. 34. Provision of Services The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance with accepted industry practices, standards and legal requirements, and to the City's satisfaction; the City decision in that regard shall be final and conclusive. The City may inspect, observe and examine the performance of the services performed on the City premises at any time. The City may inspect, observe and examine the performance of Contractor's services at reasonable times, without notice, at any other premises. a. if the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ from the Contract requirements for any reason, other than as a result of the City's default or negligence, the Contractor shall, at its own expense, reschedule and perform the services correctly within such reasonable time as the City specifies. This remedy shall be in addition to any other remedies available to the City by law or in equity. b. The Contractor shall be solely responsible for controlling the manner and means by which it and its Contracted Personnel or its subcontractors perform the services. and the Contractor shall observe, abide by. and perform all of its obligations in accordance with all legal requirements and City work rules. 35. Assignment This Contract, or any interest herein, or claim hereunder. shall not be assigned or transferred in whole or in part by Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor stated herein, 36. No Conflict of Interest Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Contract. Contractor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Contract. 37. Contract Preservation If any provision of the Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 38. Promotional Advertising 1 News Releases Reference to or use of the City, any of its departments, agencies or other subunits. or any official or employee or logo for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City, Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 39. Time is of the Essence Timely provision of the services required under this Contract shall be of the essence of the Contract, including the provision of the services within the time agreed or on a date specified herein. 40. Expansion clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other iterniservice normally offered by the Contractor, as long as the price of such additional products is based on the same cost/profit formula as the listed item/service. At any time during the term of this contract, other City departments may be added to this contract, if both parties agree. 41. Patent Infringement The contractor selling to the City the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the City (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 42. Ownership An material produced as a result of this Contract shall be the exclusive property of the City, Additionally. the City shall have unrestricted authority to reproduce, distribute, and use any submitted report, template. data, or material, and any associated documentation that is designed or developed and delivered to the Agency as part of the performance of the Co ntract 43. Ownership All material produced as a result of this Contract shall be the exclusive property of the City. Additionally, the City shall have unrestricted authority to reproduce, distribute, and use any submitted report, templatedata, or material, and any associated documentation that is designed or developed and delivered to the Agency as part of the performance of the Contract, 44. Safety Requirements All materials, equipment, and supplies provided to the City must comply fully with all safety requirements, federal, state and local laws, ordinances, rules, regulations as set forth by the State of Washington RCW's. WAC's and all applicable OSHA Standards 45. Access and Review of Contractor's Facilities The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or Contractor's Subcontractor upon request and reasonable notice during the term of the Contract and Contract renewals/extensions. 46. Notice of Change in Financial Condition If, during the Contract Terrn. the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination 47. Facility Security The City may prohibit entry to any secure facility, or remove from the facility, a Contract employee who does not perform his/her duties in a professional manner, or who violates the secure facility's security rules and procedures. The City reserves the right to search any person, property, or article entering its facilities. 48. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 49. Integration This Contract, along with the City of Yakima's RFP 12027P Vending Services and the Contractor's response to the Request for Proposal ("RFP"), represents the entire understanding of the City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Contract may not be modified or altered except in writing signed by both parties. 50. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 51. Goveming Law This Contract shall be govemed by and construed in accordance with the laws of the State of Washington. 52. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 53. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that heishe has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 54. Changes or Notice Any alterations, including changes to equipment or other changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties: no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made, in no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days. after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY. Robert Peterson Airport Director Yakima Air Terrninal!McAllister Field 2406 W. Washington Ave. Yakima, WA 98901 AND ALSO TO: DC Vending and Distributing. Maria Mayhue Procurement Manager t, 0'7 -c-ot R. City of of Yakima 129 North 2r: street K; 1../ 4 qYcivi Yakima, WA 98901 55. Survival The foregoing sections of this Contract, 1-53 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA CLitQ ODIctatA4B--c City Mar:.,n,ser Date: av(i2 ?Oaf DC Vending and Distributing By: Date. ppCZ Attest: Print name) Ci -c05 CITY CONTRACT NO' RESOLUTION NO: EXHIBIT A Statement of Work RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field City of Yakima NOTICE TO PROPOSERS RFP NO. 12027P Notice is hereby given by the undersigned that electronic sealed Requests for Proposals will be accepted via PublicPurchase.com until the hour of 11:00:0o AM PST on November 16, 2020 RFPs will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Proposers names will be publicly read for: Food and Beverage Vending Services, Yakima Air Terminal/McAllister Field. Due to the COVID-19 pandemic and the Governor's order against public gatherings, our public bid openings will now be conducted via live stream through our City of Yakima YPAC Division. The link to view the public bid opening remotely is as follows: hit `: `4+,.,vvw.yakirrmaw4,E Instructions to register with PublicPurchase.com are available at www.yakimawa.gov/services/purchasing. A pre -proposal conference and site visit wilt be held at 1:00 PM on November 2, 2020 at the Main Terminal Building located at 2300 W. Washington Ave, Yakima, WA 98903. Attendance is not mandatory; however, Proposers are STRONGLY urged to attend. The City of Yakima reserves the right to reject any & all RFPs. The City hereby notifies all Proposers that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated October 26, 2020. Publish on October 26 & 27, 2020 Susan Knotts, CPPO, CPPB Buyer ll RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 1 of 39 CITY OFYAKIMA REQUEST FOR PROPOSAL #12027P SIGNATURE SHEET THIS /SNOT ANORDER RFP Release Date October 38.2O2O � Proposal Receipt:�ro�os�� -s n FU �e �o up�m�� our�ocume�ts �s �n/s nm�� na�� sonn� Late Proposals will not be accepted or evaluated. If you by husubmit a � Proposal late, the electronic system will not receive it. Proposal openings are public Proposals shall befirm for acceptance for � ninety (90) days from date ofProposal opening, unless otherwise noted. RFP^mARF ONLY RF('EUVED THROUGH PU Purchasing For City of Yakima -Yakima Air Term iD@KN1cAlister Field 24OOVV,Washington Avenue Yakima, WA 88803 Buyer incharge nvthis procurement (Cuntac�for further mfonnmion) Susan Nnotta.CPPO.CPPB Buyer|| Proposals Must be completelvuploaced by Public Opening 2 Monday, November 16, 2020 at 11:00:00 AM PST Phone E-Mail Address (50) 575-6095 Susan Km @kimaVVAGm/ PROJECT DESCRIPTION SUMMARY Vending Services Yakima Air Term inal/McAllister Field Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required 7|hereby acknowledge receiving addendunm(a) (use oemany spaces aoaddenda received) In signing this Proposal wealso certify that aehave not, either directly orindirectly, entered into any agreement mparticipated in any collusion or otherwise taken any action inrestraint offree competition: that noattempt has been made toinduce any other person orfirm msubmit mnot to submit aPmpoua|:� that this Proposal has been independently arrived atwithout collusion with any other Pmpooer, competitor orpotential competitor: that this Proposal has not been knowingly disclosed prior to the opening ofProposals to any other Proposer or competitor: that the above statement is accurate under penalty of perjury. Furthermore, the Washington State |ntmdpca| Cooperative Act (RCYV 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties mqree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. VVewill comply with al: terms, conditions and specifications required by the City of Yakima in this Request for Proposal and all terms of our Proposal. Company Name Company Address Name of Authorized Company Representative (Type mPrint) Phone ( Fax Signature of Above Email Address RFP 12027P Vending Services — Yakima Air Term ina I/McAl lister Field Page 2 of 39 TABLE OF CONTENTS i DEFINITIONS 5 The following definitions ofterms shall apply, unless otherwise indicated ..... . .............. '- U GENERAL INFORMATION S 1 Introduction --------' ----� � ' ' --' -'G Z Scope and (}bjectives-' ' - -------' - ' ' ---- -- -------- - 8 3, Background and Current Operations. ........ ----' ---' ' - - -------�-' ''-' '6 4 Contracting Agency and Point of Contact--- ...... -------' 7 5 Public Records Access '.'........ '... ....... ----...... ... ----'- 7 S, Proprietary Information - '--' ' -- -------------7 7 Requests for Public Disclosure. ''------......... '- ' '-------' ' Q 8 Retention n(Rights --- - - - - _ - -------' ' -- - ' 8 Q Clarifications and/or Revisions hnSpecification and Requirements ' -----_-- - - - 8 1& News Releases,,... ......... -. ... --.... ..... ........... -------- -- - ---8 11� ProposerConhanenoeendSiteVisb-------- ---- ----------'--g 12, ExaminmgOocumento&Fao|bies----------'--' ' ' --Q 13 Calendar cfEvents .� ------g 14. Contract Term -- ' - --------'Q 15. Incurring Costs � ' ----' ----' -- ' - -------------. 'S 16, NoObligation toContract. ------.--------.' --'............. ....... ---.... ..... B 17, Best Modern Practices ..... ' � ' -' . --'Q 18 More cnLess---...... -' ' -' ' - _-. ---- -------- --' --- --- -10 19. Delivery Acceptance - ---. -------- - -- ---' ----' -10 20. OeiverycfUnappnovedSubsbtubons- -- Ui PREPARING AND SUBMITTING /\PROPOSAL 10 1 General Instructions ---' - ' - - -'10 2 Organization and Format ofRequired Proposal Elements 10 3 Prohibition ofProposer Terms & Conditions ' -...... - ... '... �'-----' ' ' ------'11 4 SubmittmgsPnopnaa|---- ----.-- ' --'-------- ------11 5- Multiple Proposals, ' ' -- ----' -........... ----........ ' 12 O, Withdrawal of Proposals -12 K/ PROPOSAL REQUIREMENTS 12 1, Mandatory Proposer Qualifications ...... 12 2- Mandatory Contract Performance Requirements ..... ' -12 3, General Requirements ' --'--------- ... 14 4. Questionnaire, --' ' _ _ _ '15 V� COST PROPOSAL 16 1 . General Instructions for Preparing Cost Proposals- ....... .. ....... 15 2Total Project Con ' ....... ]5 RFP 12027P Vending Services - Yakima Air Term ina [/McAllister Field Page 3 of 39 3. Percentage ofGross Revanues' ' 15 N EVALUATION AND CONTRACT AWARD 18 1 Preliminary Evaluation ' — -------------'----.--------10 2 Proposer Presentation s05nnrmg ---16 3. Eva|uahunCntaria---16 4. RFPEvaluabon ----'1G S Award /Bast andFimalOfers——.-----------17 G Tied Score 17 7, Offer inEffect for Ninety (Q0)Days — '-----'—''----'17 8, Notification ofIntent toNegotiate/Intent taAward .------'17 A Right hzReject Proposals and Negotiate Contract Terms - — 17 10 Protest Procedure ' —.—. 17 Ni COST PROPOSAL FORM 19 NU PROPOSER QUESTIONNAIRE 20 CK PROPOSERS REFERENCES 24 X SAMPLE CONTRACT 25 RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 4 of 39 . DEFINITIONS The following definitions ofterms shall apply, unless otherwise indicated: "Buyer" means the contact person listed mnpage Zofthis document. "City" means the [bv of Yakima, Washington. Also referred to as Yakima AirTenninal/McA||ister Field, Airport, and "Owner". "Contract" means written agreement between the "Owner" and the "Contractor" (or "Successful Proposer") that covers the delivery of work to be performed subsequent to this RFP. "Contract Manager" means the individual in the City of Yakima Purchasing Division (Buyer) responsible for managing this RFPand subsequent contractual issues. "Contractor" means a proposer that is awarded a Contract under this RFP and its employees or other personnel (including officers,, agents and subcontractors) provided by the Contractor to perform work under this Contract. "Department" means the City ofYakima, Department/Dhvisinn. ^Executixe^means the City o/Yakima City Manager "Owner" also referred to as City of Yakima, Yakima Air Terminal/McAllister Field and Airport. ^'Project Manager" means the individual in City of Yakima Departments/Divisions and/or an assigned individual from the Contractor responsible for administering day-to-day operational matters of the Contract. "Proposal" means the complete response of proposer submitted on the approved forms and setting forth the proposer's prices for providing the services described in the RFP. "Proposer" means any individual, company, corporation, or other entity that responds to this RFP. "RFPrmeans Request for Proposal. "SOW" means Statement nfWork. "Subcontractor" means any entity that enters into any agreement with the Contractor to fulfill the requirements and performance obligations of the Contract. RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 5 of 39 RFP # 12027P Vending Services Yakima Air Terminal/McAllister Field GENERAL INFORMATION 1, Introduction The purpose of this Request for Proposal (RFP) is to provide interested parties with information to enable them to prepare and submit a proposal for Vending Services at the Yakima Air Terminal/McAllister Field. The City of Yakima (referred to as "City" throughout this document), Yakima Airport, as represented by City Purchasing, intends to use the results of this solicitation to award a contract for such services. 2. Scope and Objectives The City of Yakima -Yakima Air Terminal -McAllister Field, is requesting proposals for Vending services to provide the Yakima Air Terminal/McAllister Field with a full -line of vending services that offer favorably priced, quality food, snacks, beverages (water, juice, soda, coffee, etc.) and essential travel items (aspirin, phone accessories, PPE, etc.). Vending services are to provide staff and visitors with different food and drink options including coffee, and fresh healthy options in a manner which will improve the customer perception, participation, and acceptance of vending services. 3. Background and Current Operations ABOUT THE CITY The City of Yakima, county seat of Yakima County, was incorporated in 1886 and is located in central Washington State. It encompasses 28.7 square miles in an area of rich volcanic soil. The City is 145 miles southeast of Seattle, and 200 miles southwest of Spokane, Washington. The region is served by rail, highway and air transportation facilities, which have helped develop the City as the commercial and business center of Central Washington. With a 2016 population of 93,986 Yakima is the ninth largest city in the State of Washington. The City provides the full range of municipal services contemplated by charter or statute. These include public safety (police, fire, and building), public improvements (streets, traffic signals), sanitation (solid waste disposal, sanitary wastewater utility), water and irrigation utilities, transit, community development, parks and recreation, and general administrative services. The City of Yakima lies within Yakima County in the fertile Yakima River Valley. Apples, cherries, pears, grapes, and other fruits, plus a wide variety of field crops and vegetables make the Yakima Valley one of the top agricultural producing areas of the nation. There are over 400,000 acres of Agriculture zoned land within the County which produce over thirty types of fruits and vegetables. With its farm production base, the Yakima area is a major food processing region. Adding to the area's economy are over 250 manufacturing firms in the Yakima area that produces a variety of products including wood products, packaging, plastic products, produce and aircraft parts. BACKGROUND The City of Yakima -Yakima Air Terminal/McAllister Field services the Yakima County and surrounding communities with daily flights on Alaska Airlines to Seattle -Tacoma International Airport. Prior to the Coronavirus pandemic, Alaska Airlines carried approximately 140,000 passengers on three flights during the summer with an additional fourth flight during winter season. Additionally, the airport is serviced by both Sun Country and Swift Airlines, which provide approximately 10 chartered casino flights annually on a Boeing 737-400/800 series aircraft to Laughlin and Wendover, Nevada. The main terminal building also witnesses private and corporate aircraft that arrive throughout the United States to visit the Yakima Valley. RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 6 of 39 The Yakima Air Term inal-McAlister Field's main term ina I building houses various airport tenants to support the daily functions of the transportation industry. These tenants include Fond Facility Engineering, Avis, Budget, Hertz car rental, Alaska Airlines, and Transportation Security Administration, which employs approximately 66 employees, CURRENT OPERATIONS The Yakima Air Terminal currently has three vending machines for use bythe general public and three vending machines for passengers on the sterile side of the terminal after they have passed through the TSA checkpoint. The current vending machines are owned, setup, maintained, serviced and repaired by the current vendor who pays the Yakima Air Terminal a commission on each sale. The current Contractor is obligated under the agreement to pay the Airport a percentage of gross sales (both snacks and drinks) with a commission rate being paid to the Airport of 16%on snacks and 6096 on drinks. Below is a three and a half (3'l/2)year snapshot of the gross revenues related tovending services |nthe terminal building. Although every year has shown astrong increase inrevenue, the COVID- 19 pandernic has had a negative impact on vending operations due to the decrease in passenger activities. However, since April ZOIO' the airport has witnessed a7U4% increase in passenger ridership as the community and local businesses adapt tothe new safety protocols while traveling onairlines. 2017 2018 2019 2020 January 2^93208' 2.64-99 3'I52. 3'485I5� February I59-90.78 2'I03,60 3,131.45 3'221�80 March Z'I66�7O 3^0I0.50 l3�lU6 April 3'149�55 2'56275 3'522,25 48825 May 3,057,68 3'4I8�55 3.838,93 109,59 June 2'539.02 2'63750 3,538.10 26176 ]uh/ 2'223,I5 3'207�00 4'035,85 257.30 August 3'239.69 3'300,05 3'32430 / September 1.721,80 I.811--2�66 2'707�20 ` October 3'014�00 3'433.20 3'483 20� November 2'857�55 21583-35 3.315�75 December 2'574.4-2 2'959G5 4,664,0 0 Tota 1 29,999.70 32,887.2 40,724.44 10,216.91 Proposers will have the opportunity, under Section V Cost Pnoposa|, to submit their respective percentages paid to the Yakima Airport ifawarded acontract. 4. Contracting Agency and Point mfContact This RFP is issued by the City of Yakima Purchasing Division. The person responsible for managing this KFPprocess from beginning to end is the Buyer listed on page J of this solicitation. From the date of release of this KFP until a Notice of Intent to Award the Contract is issued, all contacts with City employees, and other personnel performing official business for the City regarding this RFP shall be made through the Buyer listed on page 2. Contact with other City personnel regarding this RFP is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Proposal and disqualification of the Proposer. 5. Public Records Access It is the intention of the City to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Proposal openings are public. 6. Proprietary Information Any consideration of proprietary information is the responsibility of the Proposer to object to through the courts following <h|nj party notice' not the City. RFP12O27PVending Services-YakimaAirTeminaVMoNlisterReld Page 7 of 39 All information submitted in response to a request for public disclosure will be handled in accordance with applicable City procurement regulations and the Washington State Public Records Act (RCW 42.56 et seq.). |tisthe Proposer's responsibility to defend the determination in the event of an appeal or litigation. Unless otherwise noted, data contained in a proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property ofthe City. 7. Requests for Public Disclosure Washington State Public Disclosure Act (RC\N42.SGet seq.) requires public agencies in Washington to promptly make public records available for inspection and copying unless they fall within the specified exemptions contained inthe Act, orare otherwise privileged. All documents submitted in relation to this Specification shall be considered public records and, with limited exceptions, will be made available for inspection and copying by the public. It is the intent of the City to post all RFP responses online and available to the public after the contract is signed. Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject such submittal. If, in the Cit/supinion' the material is subject to disclosure, the City will notify Proposer of the request and impending release which will allow the Proposer 10 days from notice to take whateveraction it deems necessary to protect its interests. All expense of such action shall be borne solely by the Proposer, including any damages, attorney's fees or costs awarded by reason ufhaving opposed disclosure and Proposer shall indemnify the City a8ainstsanne. If the Proposer fails or neglects to take such action within said period, the City will release all materials deemed subject todisclosure. Submission of materials in response to this solicitation shall constitute assent by the Proposer to the foregoing procedure and the Proposer shall have no claim against the City on account of actions taken pursuant to such procedure. 8. Retention ofRights The City retains the right to acceptor reject any orall proposals ifdeemed to be in its best interests. All proposals become the property ofthe City upon receipt. All rights, title and interest inall materials and ideas prepared by the proposer for the proposal to the City shall be the exclusive property of the City and may be used by the City at its option. 9. Clarifications and/or Revisions toSpecification and Requirements If Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, nrother deficiency in this solicitation, the Proposer has an affirmative duty to immediately notify the Buyer ofsuch concern and request modification orclarification ofthe RFPdocument. Unless instructions are specifically provided elsewhere inthis document, any questions, exceptions, or additions concerning the subject matter of the RFP document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five business (5) days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, supplements or revisions will be provided to all known Proposers in the form of an Addendum. All Addenda are posed on vxwov.yakirnawa.gov/servioes/purchasing and eww.pub|icpmrchase.com and/or sent directly to interested parties who have registered for updates tothis RFP, if any requirements ofthe RFP are unacceptable to any prospective Proposer, they may choose not to submit a proposal. 10. News Releases News releases pertaining to the RFP or to the acceptance, rejection, or evaluation of Proposals shall not be made without the prior written approval ofthe Buyer listed onpage 2. RFP 12027P Vending Services — Yakima Air Terminal/McAl lister Field Page 8 of 39 11. Proposer Conference and Site Visit A pre -proposal conference will be held at 1:00 p.m. on Monday, November 2, 2020 at the City of Yakima -Yakima Air Terminal/McAllister Field, located at the main terminal building, 2300 W. Washington Avenue, Yakima WA. 98903. Attendance to the pre -proposal conference is not mandatory; however, Proposers are STRONGLY urged to attend. Attendees will be escorted by an approved airport personnel holding access to secure areas of the terminal building. Wearing of PPE and social distancing will be mandatory during the site visit. Each Vendor is required to maintain at least six (6) feet of separation from City staff as well as all other personnel present for the site visit. Every person at the site visit is required to wear a face mask, Mask will be provided by the Cry upon request. Additional PPE may be used by the Vendor or staff and is encouraged. If a Vendor does not wear the required PPE at the time of the site visit, they will not be allowed to participate, 12. Examining Documents & Facilities The Proposer is hereby advised that by submitting a Proposal, he/she is deemed to have studied and examined all facilities and all relevant documents and acknowledged all requirements contained herein before proposing. 13. Calendar of Events Listed below are important dates and times by which actions related to this RFP may be completed. In the event that the City finds it necessary to change any of these dates and times it will do so by issuing an addendum to this RFP. DATE EVENT Monday, October 26, 2020 RFP Issuance Monday, November 2, 2020 at 1:00 PM Pre -Proposal Conference/Site Visit Thursday, November 9, 2020 Due date for written questions Tuesday, November 10, 2020 Addenda -Written answers provided (target) Friday November 16, 2020 at 11:00:on AM PST Proposals Due The schedule of events after the Proposal due date will be handled as expeditiously as possible, but there is not a set schedule. A Selection Team will be formed to evaluate proposals and may choose to interview Proposers or make site visits. Every effort will be made to notify short-listed proposers of important post -opening dates. 14. Contract Term See Section 3 of Contract, 15. Incurring Costs The City is not liable for any cost incurred by a Proposer in the process of responding to this RFP including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this RFP, 16. No Obligation to Contract This RFP does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this RFP in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Proposals that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "ail -or -none".) 17. Best Modern Practices All work, including installation, maintenance and design, shall be performed and completed in accordance with the best modern practices, further no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 9 of 39 18. More orLess Quantities are estimated only and shall bebid onaMORE ORLESS basis. For the purpose nfcomparison, proposals shall bemade mthe quantities listed inthis specification. Listed quantities shall not beconsidered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Additional vending units and/or sites may beadded tothis contract upon the request ofthe Airport Manager, 19. Delivery Acceptance Delivery of vending units and vending items will be accepted by the Yakima Airport at 2300 W. Washington Avenue, Yakima WA. 98903' between the hours of8:OOa,m. and 5:00 pm. Monday through Friday, ready for regular and safe operation. All food, beverage, products, vending machines, and persons entering the secured area of the main terminal building are subject to screening bythe Transportation Security Administration or designated airport employee as specified within the Yakima Air Term ina I -McAllister Field Airport Security Plan. ZD.Delivery mfUnapproved Substitutions Contractors are authorized Losell only those items orproduct approved orpreapprovedbythe City. |fareview of items or product sold reveals that items or products other than those approved urpreapproved and specified by the City have been ordered and placed in machines for sale, the City will take such steps ayare necessary to have the item(s) returned to the Contractor at no cost to the City, and have them replaced with approved items. Ill. PREPARING AND SUBMITTING A PROPOSAL 1. General Instructions The evaluation and selection of Contractor will be based on the information submitted in the Proposal plus references, and any on -site visits or best and final offers (BAFOs) where requested. Failure torespond loeach of the requirements in the RFP may be the basis for rejecting a Proposal. 2. Organization and Format nfRequired Proposal Elements Proposers responding to this RFP must comply with the following format requirements. The City reserves the right toexclude any responses from consideration that do not follow the required format as instructed below. Proposals shall be organized and presented in the order and by the numbers assigned in the RFP with each heading and subheading separated bytabs orotherwise clearly marked. Tab % -Table mfContents Provide u table nfcontents for the Proposal. Tab 2'0FP Signature Sheet Complete and sign the Signature Sheet, which is page 2 of this RFP solicitation, and submit under this Tab. Tab 3'Transmittal Letter The transmittal letter must bewritten on the Pnopo*e/snfficia| business stationery and signed byan official authorized tolegally bind the Pnnppsec include inthe letter: l> Name and title ofProposer representative; 2) Name, physical and mailing address ofcompany; 3) Telephone number, fax number, and email address; 4) RFPnumber and title; 5) A statement that the Proposer believes its Proposal meets all the requirements set forth in the RFP; 6) Astatement acknowledging the Proposal conforms to all procurement rules and procedures articulated inthis RFP'all rights terms and conditions specified inthis RFP; RFPIZ027PVending Services—YaNmaAirTennhmNNcAl\isterField Page 10 of 39 7) A statement that the individual signing the Proposal is authorized to make decisions as to the prices quoted and that she/he has not participated and will not participate in any action contrary to the RFP, 8) A statement that the Proposer will be making a number of representations outside of its formal Proposal document in the form of discussions, presentations, negotiations, demonstrations, sales or reference material and other information -providing interactions and as such hereby warrants that the City can rely on these as inducements into any subsequent contract, and be made a part thereof; Tab 4 - Response to Mandatory Requirements Provide a point -by -point response to each requirement specified in Section IV, No. 1 & 2 of this RFP. Responses that fail to meet the mandatory requirements shall be deemed non -responsive Tab 5- Response to General Requirements Provide a point -by -point response to each requirement specified in Section IV, No. 3 of this RFP. Responses to requirements must be in the same sequence and numbered as they appear in this RFP. Tab 6— Sample Contract and Terms and Conditions The Sample Contract provided with this RFP represents the terms and conditions which the City expects to execute in a contract with the successful Proposer. Proposers must accept or submit point -by -point exceptions along with proposed alternative or additional language for each point. The City may or may not consider any of the Proposer's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the City. Tab 7— Required Forms Include here all other completed forms required in the RFP that are not requested as part of another Tab. Failure to complete and/or provide any required forms may result in disqualification of proposal. Forms to be included with this tab include, but not limited to: • Signature Sheet (submitted under Tab 2) • Financial Review or Compilation Report by a CPA firm, which is not to be older than one (1) year (submitted under Tab 5) • A copy of the contract, with any proposed changes redlined (submitted under Tab 6) • Questionnaire • References • Cost Proposal (submitted under Tab 8) Tab 8 - Cost Proposal as identified in Section V. Provide all cost information according to the instructions provided. Include all costs for furnishing the product(s) and/or service(s) included in this proposal. Identify all assumptions. Failure to provide any requested information in the prescribed format may result in disqualification of the Proposal. Also include on a separate sheet under this tab a list of all Optional Services and the price for each service. If service is not provided please state so. 3. Prohibition of Proposer Terms & Conditions A Proposer may not submit the Proposer's own contract terms and conditions in a response to this RFP. If a proposal contains such terms and conditions, the City, at its sole discretion, may determine the proposal to be a nonresponsive counteroffer, and the proposal may be rejected. 4. Submitting a Proposal Proposals shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this RFP. Late Proposals will not be accepted or evaluated. If you try to submit a Proposal Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Proposer's response will be opened on the next business day of the City, at the originally scheduled hour. RFP 12027P Vending Services — Yakima Air Terminal/McAllister Feld Page 11 of 39 Proposers must submit their response electronically through Pub|icPurchame.com where they will be kept in an electronic |ockbox until date and time of opening. To register as a Vendor/Proposer with Public Purchase, go to vrvvv, �v�Ucnurc�asecum or the City of Yakima website at a/�wYakima�V�Gov/Services/pwrcbadn�. The City is not responsible for late proposals due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing ofany proposals. The Purchasing Manager reserves the right tomake exceptions for extenuating circumstances. Any sections deemed by proposer to be confidential per Washington State Public Disclosure Act (RCW 42.56 et seq.) shall be separated from the main document and uploaded to Public Purchase in a separate file marked ~confidenda|^. All other sections n/the response shall be made available to the public immediately after contract signing. All materials required for acceptance of the Proposal by the deadline rnust be uploaded to Public Purchase. 5. Multiple Proposals Multiple Proposals from a Proposer will be permissible; however, each Proposal must conform fully to the requirements for proposal submission, Each such Proposal must hesubmitted separately and labeled asProposal #I'Proposal #l,etc. nnthe first page oftheir response. 6. Withdrawal mfProposals Proposers may withdraw orsupplement a proposal at any time up to the proposal dosing date and time. If previously submitted proposal iswithdrawn before the proposal due date and time, the Proposer may submit another proposal at any time up to the proposal dosing date and time, After proposal closing date and time, all submitted Proposals shall beirrevocable until contract award, IV. PROPOSAL REQUIREMENTS The following requirements in Sections IV 1 & 2 are mandatory and the Proposer must satisfy them at no additional co/ttothe[ity. Responses toeach requirement must indicate that the Proposer either "does comply" with the requirement or "does not cump)y"No explanation is required' as non-compliance with any of the following requirements will result in proposal rejection and remove that Proposal from further consideration. if Proposer feels the Mandatory Proposal Requirements are proprietary, contact the Buyer listed on the Signature Sheet todetermine ifrequirements should bechanged, l. Mandatory Proposer Qualifications Proposer must have at least three (]) years of experience at successful vending operations. Staff involved with the scope of this project must have experience in vending servicing, vending repairs' customer service and training in food handling. 2. Mandatory Contract Performance Requirements The Contractor shall perform all services and provide all goods as identified below. a. Vending Machines � Vending machines shall be UL and NSF approved, meet industry standards and be of good quality. * All vending machines shall be new or like new, attractive in appearance using the latest designs in the marketplace and shall reasonably match either incolor and/or style, ° Machines shall beenergy efficient. � Power to the machines must fit the present configuration and voltage available at each location. * Vending machines must accept any combination of nickels, dimes, quarters and dollar coins, bills and credit/debit cards. RFP 12027P Vending Services — Yakima Air Term ina I/McAl lister Field Page 12 of 39 • All machines must bear a sticker or label in a highly visible location that identifies the Vendor's name and customer service telephone number to call for services, lost money, and other complaints and/or problems. © Vendor agrees to reimburse all money lost in the machines that are the result of machine malfunction. • Contractor agrees that all machines and services shall at all times be subject to inspection by any person or persons designated by the Airport Manager. b. Ownership of Vending Machines • Vending Machines shall remain the sole and exclusive property of the Contractor. • The Contractor shall have the sole responsibility for the security of the machines and cost of repairs and/or loss due to damage or acts of vandalism. c. Installation of Vending Machines • Contractor shall install new or like new equipment approved by the Airport Manager and encase machines in a finished presentation in the areas approved by the Airport Manager. • Installation and replacement of all machines shall be done by the Contractor at no charge to the City taking adequate care to ensure the machines are attractively and uniformly arranged and that no damage to walls, floors, electrical and/or water connections or supply occur during the set up or when servicing. d. Service and Maintenance of Vending Machines • Contractor shall maintain and service the machines and equipment as required to meet all laws and regulations, and to City satisfaction. • Contractor shall inspect and clean the interior and exterior of vending machines at least once a month, or more often as required to maintain sanitary conditions and a neat and clean appearance. • Contractor shall provide competent service and maintenance personnel that operate from a local office on a 24-hour, seven (7) day a week basis. • In the event of equipment failure and upon Contractors notification, Contractor's repairman shall be on the job within (24) hours of notification. In the event of a water leak or electrical damage caused by Contractor's machines), Contractor's repairman shall be on the job within (3) three hours of notification. • Adequate care shall be provided during servicing and/or replacing machines so that no damage to walls, floors, electrical and/or water connections or supply occur, • Contractor's employees servicing and providing maintenance to and for vending equipment must follow all Airport and Air Terminal guide lines and requirements including but not limited to requirements for passing through TSA check points and screenings and preserving the security of those areas. e. Vending Product/Merchandise Upon award, the Airport Manager and/or his designee will meet with the Contractors to select a product mix per machine, per location_ • Contractor shall provide high quality, name brand products only, that is within the specified "Best by Date;" no low -end, off -brand products shall be presented. • All product shall be removed and replaced by the date their freshness dating expires, as indicated by the manufacturers' date stamped on the package. • Contractor shall provide a variety of products/merchandise in machines with healthy alternative options making up twenty-five percent (25%) of the total merchandise displayed and offered. • Machines shall be filled and maintained in accordance with the Customer demand and usage so that no more than twenty percent (20%0) of the slots are empty at any one time. RFP 12027P Vending Services —Yakima Air Terminal/McAllister Field Page 13 of 39 ~ The Airport Manager shall have the right to approve all selections and product mix sold in the machines bylocation and torequest specific products to be offered. * Alcohol and Tobacco products will not hevended onCity premises. ° Product pricing shall be kept as low as feasible in order to provide favorably priced items to employees, passengers, and visitors. [ Statement/Reports * Contractor shall furnish the City with a monthly statement of gross receipts showing the activity of each vending machine. * Anupdated snack and beverage list shall bemade available Lothe Airport Manager quarterly for consideration and acceptance, 3. General Requirements The requirements in this section are the overall general requirements for vending services at the Yakima Air Tennina\/McAUlster Field and to provide the City with a basis for determining a Proposer'scapability to undertake this Contract. Responses to this Section will be scored. a. Organizational Capabilities Describe your company's experience providing services similar to those required by this RFP to customers of comparable size, scope and circumstance. ^ Provide an organizational chart for your company and include an issue escalation process used to resolve any potential issues between the City and the Contractor during the Contract term. b. Staff Qualifications • identify and provide a resume for the Project Manager that will be assigned tothis Contract. The Project Manager will be the primary point of contact for the City and must be available on an as - needed basis. Describe how the Project Manager will guarantee availability tothe City during the entire duration o[the Contract, * identify additional key personnel from your company that will be assigned to this contract, including their current job title and the role they will play inthis Contract. * Identify the Account Manager who will be handling all billing and payments and will serve aythe account main point of contact for this Contract. • identify person/position that isresponsible for all refunds. ° if any of these contacts change during the contract term, the Contractor shall verbally notify the City within twenty-four (24) hours of change and KnUovv up in writing within five (5) business days ufthe date ofchange. c' Financial Capability to perform contract Proposer shall submit either a current Financial Review orCompilation Report byaCPA firm, which is not to be older than one (1) year, or a Financial Statement from their back asserting that Contractor has the Financial Capability to perform this contract. The City reserves the right to use other means to substantiate Financial Capability, e.g.D&Breports, 888.orother means. d. Performance Bond Contractor shall furnish a duly -executed bond upon a form approved by the City, signed by approved surety or sureties in the amount of $1,000.00 conditioned upon the faithful performance of the contract by the Contractor within the time prescribed thereon. At the option mfthe Contractor, asavings account inthe amount of $1,000.00 may be assigned to the City for the term of the contract in lieu of a performance bond. At any time and as often as may be deemed necessary, the City may require any or all sureties or any surety company to appear and qualify them upon the bond, or show continued assignment of the prescribed savings account. Whenever such surety or sureties are deemed by the City to have become insufficient, the RFP 12027P Vending Services — Yakima Air Term ina I/M cAllister Field Page 14 of 39 City may demand in writing that the Contractor furnish additional surety in an amount not exceeding that originally required as may be deemed necessary considering the work remaining to be done. No further Work shall be allowed until such additional surety as required is furnished. Upon the extension of this contract, a new contract bond or savings account will be required. e. Taxes and Assessments Please see Section 28 of Contract. f. Use of Premises The Contractor agrees to use the Yakima Air Terminal/McAllister Field only for the sale of soft drinks and snacks through vending machines or for any other use specifically permitted in writing by the Airport Manager. The use of the property for any other purpose then those specifically permitted shall be deemed a material breach of this Agreement constituting grounds for its termination. Contractor shall pay for any damage(s) that occurs throughout the term of the contract, including terms of extension. g. Utility Services The City shall provide all electrical power without additional cost to the Contractors. The Contractor shall pay any and all costs related to the installation, repair, operation or removal of machines, and the cost of installing additional electrical outlets and other items necessary for the operation of the vending machine concession. h. Signs No signs or other advertising matter or devices shall be used or displayed in or about the City premises or upon any portion of the Yakima Air Terminal/McAllister Field without the prior written approval of the Airport Manager. 4. Questionnaire Proposer must complete the Proposer Questionnaire Form on Section VII I and submit it with their proposal response under Tab 7. COST PROPOSAL 1. General Instructions for Preparing Cost Proposals Proposer must submit a cost proposal under Tab 8 of their proposal. If proposer agrees to allow other governmental agencies to purchase goods or services from the awarded Contractor under the resulting contract, price accordingly so other jurisdictions can perform an apples -to -apples comparison for their resulting contract. 2. Total Project Cost Proposer pricing must include all requisite services, materials, work products and ancillary expenses. Contractor travel expenses (e.g. airfare, lodging, and meals, insurance) and other miscellaneous expenses related to the provision of on -site services must be included in the proposed pricing and cannot be an additional charge. Contractor's expenses related to providing on -site services (e.g. vending machines, miscellaneous equipment, repairs, maintenance) must be included in the proposed pricing and cannot be at an additional charge. 3. Percentage of Gross Revenues The Yakima Airport shall be paid a percentage of gross sales for all products sold through vending machines. Each proposer shall submit a percentage to be paid to the airport for both beverages and food/snacks. The percentage of gross sales does not include Washington State Sales Tax that is remitted to the state by Contractor. RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 15 of 39 Vt. EVALUATION AND CONTRACT AWARD 1. Preliminary Evaluation All Proposals shall be evaluated against the same standards, The Proposals will first be reviewed to determine if they contain the required forms, follow the submittal instructions and meet all mandatory requirements. Failure to meet mandatory requirements will result in proposal rejection as non -responsive. In the event that NO Proposer meets specified requirement(s), the City reserves the right to continue the evaluation of the proposals and toselect the proposal most closely meeting the requirements specified in this RFP' or not select any proposals. %. PnoposerPresentatonx/ScmMnQ Based on evaluation of the written proposals by the Selection Team on the stated criteria, an estimate of two to four top scoring proposals may be short-listed, Short-listed Proposers may berequired 10participate ininterviews and/or site visits tosupport and clarify their Proposals ifrequested by the Selection Team. The Selection Team will make *very reasonable attempt to schedule each presentation at a time and location agreeable tothe Proposer. Failure of a Proposer to interview or permit a site visit on the date scheduled may result in rejection of the Proposer's Proposal. Should the Selection Team request any oral presentations or demonstrations from one or more of the short-listed proposers, the Selection Team will review the initial scoring and make adjustments based on the information obtained in the oral presentation ordemonstration and site visits and to determine final scoring. 3. Evaluation Criteria The proposals will bcscored using the following criteria: Description Max Points Commission on Food Items lO Commission onDrink Items 20 Variety ofQuality items Offered and Number 30 ofHealthy Options Offered ' Vending Machine Style (appeacanae, 20 modernization, payment options, etcj Relevant ExpehcnccQb Qualifications 10 TOTAL POSSIBLE POINTS 100 . | The points stated above are the maximum amount awarded for each category. The evaluation process bdesigned to recommend award of this procurement to the proposal that is the best value o|the City, not necessarily the lowest cost Proposal. Results ofreference checks will be used to clarify and substantiate information in the written proposals. The reference results shall then beconsidered when scoring the responses tothe requirements inthe RFP, 4. RFPEvahoathon Evaluation of proposals shall be based on conformity to the specifications, commission rate, vending machine design and appearance, functionalism and ease of use, healthy alternative provided, past experience and performance with the City and other agencies, proposed service availability, parts availability, and bidder's supporting documentation. RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 16 of 39 5. Award / Best and Final Offers The Buyer will compile the final scores for all sections of each responsive proposal. The award will be granted in one of two ways. The Selection Team's Recommendation of Award may be granted to the highest scoring responsive Proposal and responsible Proposer. Alternatively, Proposers with the highest scoring proposal or proposals may be requested to submit Best and Final Offers. if Best and Final Offers are requested by the Evaluation Team and submitted by the Proposer, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. The Intent to Negotiate then will be granted to the highest scoring Proposer. However, a Proposer should not expect that the City will request a Best and Final Offer. 6. Tied Score In case of a tied score, recommendation of award will go to the firm who was favored by the majority of the Selection Team members, according to their score. The Selection Team shall then offer an "Intent to Negotiate and/or Intent to Award" the final contract with the successful Proposer and the decision to accept the award and approve the resulting contract shall be final. 7. Offer in Effect for Ninety (90) Days A Proposal may not be modified, withdrawn or canceled by the proposer for a ninety (90) day period following the deadline for proposal submission as defined in the Calendar of Events, or receipt of best and final offer, if required, and Proposer so agrees in submitting the proposal. 8. Notification of Intent to Negotiate/Intent to Award Proposers will be notified in writing of the City's Intent to Negotiate and/or Intent to Award the contract resulting from this RFP. 9. Right to Reject Proposals and Negotiate Contract Terms The City reserves the right to negotiate the terms of the contract, including the award amount, with the selected Proposer prior to entering into a contract. If substantial progress is not made in contract negotiations with the highest scoring Proposer, the City may choose to cancel the first Intent to Negotiate and commence negotiations with the next highest scoring Proposer. 10. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Proposer is submitting a formal protest. The protest shall be filed with the City of Yakima Acting Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: Maria.Mayhue@YakimaWA.Cov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the RFP shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Proposer: Step i. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal, the protest may be appealed to the Executive (or his designee). The Executive shall make a final determination in writing to the Protester. RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 17 of 39 Award Announcement Purchasing shall announce the successful Proposer via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Intent to Negotiate is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the Proposer received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 18 of 39 V11. COST PROPOSAL FORM VENDING MACHINE CONCESSION PROPOSAL SHEET City ofYakima Yakima Air Terminal/McAllister Field The Contractor agrees to pay the City of Yakima a commission on gross sales by the 20th of each month during the contract term for the immediately preceding calendar month. Any commission payment past due shall accrue a delinquency charge of twelve percent (12%) per annum from due date until paid. The delinquency charge shall be calculated by an average of the three immediately preceding commission paymenb. operation of vending machine concession at the Yakima AirTenninal/McA||ister Field in the areas specified including but limited to: a. Main Terminal Building public area adjacent toairline ticket counters b. Main Terminal Building secure area adjacent to public restrooms The Proposer proposes to pay the Yakima Air TerminaAWcAllister Field the following percentage of gross sales based on the concession fees as contained in the specifications. Please state your percentage of gross sales for each agreement year. Year Percentage of Gross Sales Food/Snack Items Beverage Items � Misc. Items 2021 20% � 2023 | 2024 | | %025 � � By: Title: Company: RFPl2O27PVending Services — Yakima Air Term inaKMcAl|i$erField Page 19of39 VIII. PROPOSER QUESTIONNAIRE Page 1 of 4 INSTRUCTIONS: Provide the requested information If the City requires further description, the City may request Proposer to provide such information within a mandatory due date. You must submit this completed form to the City with your Proposal. Failure to submit this form fully complete, may result in disqualification of Proposal. Proposer's Legal Name: Company's dba: (if applicable) CEO/President Name, Business License No. PROPOSER INFORMATION UB1 No Federal EIN No. Phone Toll Free Phone ( FAX E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip -4 Name the person to contact for questions concerning this proposal. Name Title Phone ( Toll Free Phone ( ) FAX E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip + 4 RFP 12027P Vending Services - Yakima Air Terminal/McAllister Field Page 20 of 39 PROPOSER: PROPOSER QUESTIONNAIRE Page 2 of 4 OWNERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No: Please explain: Within FINANCIAL RESOURCES AND RESPONSIBILITY he previous five years, has your firm been the debtor of a bankruptcy? Please explain Yes: No: Is your firm in the process of or in negotiations toward being sold? Please explain Yes No Within the previous five years, has your firm been debarred from contracting with any local, state, or federal government contract? Yes- No Please explain Within the previous five years. has your firm been determined to be a non - responsible bidder for a proposal for any government contract? Please explain Yes: No: Within the previous five years, has a governmental or private entity terminated your firm's contract prior to contract completion? Yes: No: Please explain Within the previous five years, has your firm used any subcontractor to perform work on a government contract when that subcontractor had been debarred by a governmental agency? Yes: No: Please explain RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 21 of 39 PROPOSER: PROPOSER QUESTIONNAIRE Page 3 of 4 DISPUTES Within the previous five years, has your firm been the defendant in court on a matter related to any of the following? • Payment to subcontractors? Yes: No: Please explain • Work performance on a contract? Yes: No: Please explain Does your firm have any outstanding judgments pending against it? Please explain Yes: No: Within the previous five years, has your firm been assessed liquidated damages on a contract? Yes: Please explain No: Has your firm received notice of and/or in litigation about patent infringement for the product and/or service that your firm is offering to the City? Yes: Please explain No: COMPLIANCE Within the previous five years, has your firm or any of its owners, partners, or officers, been assessed penalties or found to have violated any laws, rules, or regulations enforced or administered by a governmental entity? This does not include owners of stock if your firm is a publicly traded corporation. Yes. No: Please explain License(s) are required to perform the services sought by this solicitation Within the previous five years. has your firm had a license suspended by a licensing agency or been found to have violated licensing laws? Yes: No: Please explain RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 22 of 39 PROPOSER: BUSINESS INTEGRITY PROPOSER QUESTIONNAIRE Is a governmental entity or public utility currently investigating Your firm for false claims ormaterial misrepresentations? Yes. No: Please explain Page 4 of 4 Within the previous five years, has agovernmental entity crpublic utility determined your firm made efalse claim ormaterial misrepresentation? Please explain Yes, No: Within the previous five years, has your firm or any of its owners,partners or officers been convicted ofacrime involving the bidding onegovernment contract. the awarding nfagovernment contract, the performance ofa government contract, orofacrime offraud, theft, embezzlement, perjury, bhbery7 This does not /nctudeOwners oystock ifyour firm /sopublicly traded corporation. Yes: No: Please explain RFP 12027P Vending Services—YakimaAirTemoinaNNcAllisterFieN Page 23 of 39 IX. PROPOSERS REFERENCES 1) Company Name Address (include Zip + 4) Contact Person Describe experience with reference Phone No. 2) Company Name Address (include Zip + 4) Contact Person Describe experience with reference Phone No. 3) Company Name Address (include Zip + 4) Contact Person Phone No. Describe experience with reference RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 24 of 39 X. SAMPLE CONTRACT SAMPLE CITY OF YAKIMA YAKIMA AIR TERMINAL/MCALLISTER FIELD FOOD AND BEVERAGE VENDING MACHINE SERVICES AGREEMENT PAGES 25 THROUGH CONTAIN THE RFP'S SAMPLE CONTRACT RFP 12027P Vending Services — Yakima Air Terminal/McAllister Field Page 25 of 39 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we the undersigned, asPrincipal, and a corporation organized and existing under the laws ofthe State nf as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to CITY OF YAKIMA in the penal sum of $___ for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators orpersonal representatives, asthe case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of CITY OFYAK|NlA. DATED at Yakirna,, Washington, this day of 120 Nevertheless, the conditions ofthe above obligations are such that: WHEREAS, pursuant tnaction taken bythe City ofYakima nn '20 ,CITY OFYAK|MAhas let or is about to let Uothe said the above bounden Principal, a certain contract, the said contract being numbered and providing for (which contract is referred to herein and is made a part hereof asthough attached hereto[and, WHEREAS, the said Principal has accepted, or is about toaccept, the said contract' and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, ifthe said shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or with such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub'Contractorsand material men' and all persons who shall supply said principal ofsub-Contractors with provisions and supplies for the carrying on of said work, and shall hold said CITY OF YAKIMA harmless from any loss or damage occasioned to any person or shall supply said principal orsub-Contractors with provisions and supplies for the carrying onnYsaid work, and shall hold said CITY OF YAK|KAA, its officers, employees and agents, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub -Contractor in the performance of said work, and shall indemnify and hold CITY OF YAKIMA, its officers, employees and agents, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing ordeveloping in the material orworkmanship provided or performed under said contract within a period of one year after its acceptance thereof by CITY OF YAK|K4A, then and inthat event this obligation shall be void; but otherwise itshall beand remain infull force and effect. Approved: RFPI2027PVending Services—YaNmaAirTenn/nakMcAl|isterField Page 39of 39 EXHIBIT B Compensation DC Vending & Distribution Commission Rate to Yakima Air Terminal/McAllister Field VENDING MACHINE CONCESSION PROPOSAL SHEET City of Yakima Yakima Air Terminal/McAllister Field The Contractor agrees to pay the City of Yakima a commission on gross sales by the 20th of each month during the contract term for the immediately preceding calendar month, Any commission payment past due shall accrue a delinquency charge of twelve percent (12�,'O) per annum from due date until paid. The delinquency charge shall becalculated byanaverage of the three immediately preceding commission payments. Operation of a vending machine concession at the Yakima Air Terminal/McAllister Field in the areas specified including but limited to: a. Main Terminal Building public area adjacent toairline ticket counters b. Main Terminal Building secure area adjacent to public nestnooms The Proposer proposes to pay the Yakima Air Term ina I -McAllister Field the following percentage of gross sales based onthe concession fees ascontained in the specifications. Please state your percentage of gross sales for each agreement year. Year Percentage ofGross Sales pwod/Suackmoms Beverage Items wxiscItems 2021 zn% | { 42% | | 20% 2022 — 2«%, 42% ' 20% 2023 20% | 42% 20% 2024 2D'n', ' 42% ' 20% 2026 zoru 42% | 20% By: .1 / Title: Company: y\�� u<� _ �_— � .^ , ~°"` _ � ~-. I 1 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.G. For Meeting of: January 5, 2021 Resolution awarding RFP 12027P and authorizing a concessionaire agreement with DC Vending and Distribution to provide beverage, food, and goods to be sold at the Yakima Air Terminal -McAllister Field SUBMITTED BY: Robert Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The airport's main terminal building is home to various tenants that provide specific services to our passengers as they begin or arrive on their respective flights. One service provided within the building is food, beverage, and goods through vending machines strategically placed within the building. These specialized services are provided by a contractor, which their agreement is set to expire in January 2021. Through close coordination with the Purchasing Department, the airport completed a Request for Proposal (RFP) in order to receive the best qualified vendor to provide these critical services. On Monday, November 9th, the Purchasing Department under a competitive bidding process received three sealed bids. A selection committee was formed to further evaluate each bid's responsiveness as outlined in the RFP and has determined DC Vending and Distribution is the most responsive to provide food, beverages, and goods to customers in the main terminal building. Upon execution of the concessionaire agreement, DC Vending and Distribution will update the airport's vending machines with healthy snacks and beverages while increasing the terminal building's amenities for passengers. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: 2 Description Upload Date Type ❑ Resolution 12/18/2020 Resolution ❑ Contract 12/18/2020 Contract