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HomeMy WebLinkAboutContract 37495 (2)iTY SECRETARY NTRAJCDT NO VENDING SERVICE AGREEMENT BETWEEN THE CITY OF FORT WORTH BACON WHITNEY LLC This Agreement ("Agreement") is made and entered into by and between Bacon Whitney .LC, a Delaware corporation, acting by and through its duly authorized Chief Operating Officer, (hereinafter called "Operator") and the City of Fort Worth, a home rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as the "City"), acting by and through its duly authorized City Manager. The City grants to Operator the exclusive right to sell, through vending machines, the following: prepackaged snacks and confections, and similar vended items, at City facilities identified at the location(s) set forth in Exhibit B, (the "Premises") for the term established in this Agreement. In consideration of the mutual promises and obligations hereinafter set forth to be performed and observed by each of the parties, the parties hereby covenant and agree as follows: 1. Term This Agreement shall be in effect for a period of five years beginning on July 7, 2008 and expiring on July 7, 2013, unless (i) mutually extended under the terms hereof or by written agreement of the parties or (ii) terminated sooner in accordance with this Agreement. 2. Consideration 2.1 Operator will pay City, in consideration of the exclusive rights granted herein, certain mutually agreed upon amounts on the sale of certain vending products in accordance with the terms and conditions set forth in the Commissions Schedule, attached to this Agreement as depicted in Exhibit A, of which Commissions Schedule is made a part hereof and incorporated by reference into this Agreement. 2.2 Commissions shall be paid quarterly in accordance with the Operator's quarters on or before the twentieth (20t`) day of the month following the end of the applicable fiscal quarter of the Operator on which the Commission is being paid. 2.3 All payments due the City shall be due and payable without demand by check at the office of the City Manager, or at such other place in Fort Worth , Texas as the City Manager may hereafter notify Operator (in writing with reasonable advance notice), and shall be made in legal tender of the United States. [ r OFFICIAL REC(3RC! CITY SECRETARY FT WORTH, TX 1 1 1lot , i r 1=• a r! The obligations,•• • and rights of Operator providing vending services set forth in this Agreement, and the obligations, responsibilities and rights of the City in connection with such contracted services shall be governed by 4. Vending 1VIachines and �crvices 4.1 Operator shall provide for the installation of its vending machines in designated service areas as approved by the City at the Premises, as depicted in Exhibit B. City agrees to accept the vending machines and to furnish adequate space, utilities and utility outlets in such locations, and to provide Operator with reasonable access to its vending machines at the Premises. 4.2 Operator shall be solely responsible for the management, operation, maintenance and repair of the vending machines at the City's Premises. All vending machines, together with the contents thereof, are and shall remain the property of the Operator, and only the Operator or its representatives may remove or replace the vending machines at the Premises. Operator reserves the right to remove unproductive or frequently vandalized or damaged equipment from specific locations. 4.3 City reserves the right to approve the specific location and relocation of vending machines subject to this Agreement and the exclusivity provisions contained herein. 4.4 Operator will provide City, including the City's licensed and contracted concessionaires, reasonable free maintenance service to the vending machines under a routine schedule as provided by the Operator, to include weekly service/inspection by the route supervisor, and biweekly service/inspection by the operations manager, but only to the extent that Operator owns or operates the vending machines to be serviced. All vending machines service will be provided during normal business hours of the City, i.e. 8:00 AM — 5:00 PM, Monday through Friday, holidays excluded. 4.5 Upon receipt of a service request, Operator shall provide the City a toll free service number. Upon request by the City or the City's licensed and contracted concessionaries for vending machine service, Operator will respond within eight (8) hours during regular business hours and within twenty-four (24) hours during non -business hours and weekends, excluding holidays recognized by the City, but only to the extent that Operator owns or operates the vending machines requiring service. Operator shall not be obligated to provide service hereunder during periods in which it is prevented from doing so due to strikes, civil disturbances, unavailability of parts or other causes beyond the control of Operator. Neither Operator nor City shall be liable for damages of any kind arising out of delays of the Operator in rendering service due to strikes, civil disturbances, unavailability of parts, or any other 2 circum ances which are a .• beyon control • - *perator. 6 Delivery trucks shall be permitted only • • existing service drives,r; available,must be clearly identified with Operator's name. Where no service drives are delivery trucks should follow applicable parking regulations. All Operator's and employees must have identificationon clothing clearly identifyingwho they are and the Operator's• a; logo* 5. Installation Schedule Upon execution of the Agreement, the City and Operator agree to the following schedule: vendingPriority locations requiring earlier installations will be mutually agreed upon between the City and Operator. e2 Future machines, if deemed necessary by both parties,be underinstalled • provisions as mutually agreed upon between the City and Operator. Operator,•a, costs associated with the installationof vendingOperator designated vend' machines. Mg a5 The City shall not be responsible for any damage to Operator designated •wever, the City shall make reasonable"• • prevent vandalism,and damage • Operator designated • machines. 6.1 The terms and conditions of this Agreement may be cancelled by the parties, such cancellation to be effective only by written notice by certified or registered mail and specifying a termination date which shall be no less than thirty (30) days after the receipt thereof. 6.2 In the event that either party shall default in the performance of any of its obligations hereunder, and such default shall not be cured by the defaulting party within thirty (30) days after receipt by the defaulting party of a written notice sent by certified or registered mail from the aggrieved party specifying such default, and the default is not cured, the aggrieved party may terminate this Agreement by sending to the defaulting party termination notice as described in section 6.1, above. 7. Pe fitted Excenti®ns City shall have the right to permit vending machines to be made available: 7.1 To fulfill the City's contractual obligations with the Sports Advisory Council and any rights granted thereto unto the Sports Advisory Council; or 7.2 To fulfill any previously existing contractual obligations of the City prior to the execution of this Agreement, including, but not limited to, any Facilities listed in Exhibit B. In the event of a conflict between this 3 Contractecretary •. 31742 shall control. • 1 • • ' 1 i LTORS ?ELATED TO THIS AGREEMENT OR THE PERFORMANCE OF THIS 7PPLY TO ANY L'IBILITY RESULTING FROM THE _ iEGLIGENCE, OMISSION OR INTENTIONAL MISCONDUCT OF THE srITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE • •A • _ ,: • • is , ,• J i • I I �. • I'.. 9.1 The Operator shall carry insurance in types and minimum amounts as described below acceptable to the City for the duration of this Agreement and, prior to the Commencement Date, shall furnish the City Manager's Office with Certificates of Insurance. 1. Commercial General Liability (CGL) $1,000,000 each occurrence $2,000,000 aggregate limit Coverage shall include but not be limited to the following: premises operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, be as comprehensive as the current Insurance Services Office (ISO) policy. L 2. Autoanob- a Uia ility $1,000,000 each accident on a combined single limit basis Or $25000 Property Damage $5009000 Bodily Injury per person per occurrence •efmcd as autos owned, hired and non -owned. Statutory Employer's liability 11 Iifaccident/occurrence 11 10t; Disease � policy limit 96Z Insurers shall have no right of recovery or subrogation against the City of Fort Worth, it being the intention that the insurance policy shall protect all parties to the Agreement and be priiary coverage for all losses covered by the policies. 9.3 Operator issui the insurance policy shall have no recourse against the Ing City of Fort• •i payment of premiums or 1 _ for deductibles which all are at the s• of • 9.4 The terms "Owner", "City" or City of Fort Worth shall include all authorities, Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the City and the individual members, employees and agents thereof in their official capacities and/or while acting on behalf of the City of fi • f insured).5 The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to City's self� retention of whatever .6 The City, its officials, employees, agents and officers shall be endorsed as an "Additional Primary Insured" to Commercial General Liability and Auto Liability policies. The City, its officials, employees, agents and officers shall not be endorsed as an "Additional Insured" to Compensation and Employers Liabilitycoverage. .7 Coverage shall be a Combined Single Limit Per Occurrence basis and the policy shall include Broad Form Property Damage Coverage with an insurance Operator satisfactoryto City. If insurance policies are not written for , -d coverage limits, an Umbrella insurance • differences is required., • • • form of the primary coverage. .8 All policies shall be written by an insurer with an A�:Vlll or better by the • • • - •- • rating such other financially sound insurance carriers acceptable to the City. • -• • be listed on - of • shall be on 5 • 1 If coverage is undade basis,- retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims�made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. .11 Certificates of Insurance shall be delivered to the City of Fort Worth, 100a Throckmorton• •rth, Texas 76102, evidencing all the required coverages, including endorsements. asurance to lapse during the term of this Agreement1 onth •eriod followingcompletion,•' , 1,•' policy. righteserves the to review the 'insurance requirements of • during periodffective of • . • to make reasonableadjustments• risurance coverage, their limits when deemed necessary, based upon changes in atutory law, courtdecisions or the claims historyof the industry or 1. ondition of _ insurance company, of the Operator. Any notice or other communication hereunder shall be in writing, shall be sent via registered or certified mail, overnight courier, or confirmed facsimile transmission and shall be deemed given when deposited, postage prepaid, in the United States mail, addressed as set forth below, or to such other address as either of the parties shall advise the others in writing: arr • • 11• Mentionv,. If to City: City of Fort Worth 1000 Throckmorton Street Fort Worth, Attention: Facsimile _ Texas 76102 with a copy to: City Attorneys ®ffce 1000 Throckmorton C • r •'1 The City shall have, for three (3) years following the termination of this Agreement and upon reasonable advance notice, access to and the right to examine and audit any books, documents, papers, records or other data of Operator that involve transactions relating to this Agreement. Accordingly, Operator shallprovide the City with access during normal working • of Operator's facilities and with appropriate workspace at Operator's facilities necessary for the City to conduct examinationsand audits in accordance 12. C®%dentiality Operator understands and acknowledges that the City is a public entity under the laws of the State of Texas, and as such, all documents held by the City are subject to disclosure under Chapter 552 of the Texas Government Code. Operator shall clearly indicate to the City what information it deems proprietary. If the City is required to disclose any documents that may reveal any Operator Proprietary information to third parties under the Texas Government Code, or by any other legal process, law, rule or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify Operator prior to disclosure of such documents, and give Operator the opportunity to submit reasons for objections to disclosure. The City agrees to restrict access to Operator's information to those persons within its organization who have a need to know for purposes of management of this Agreement. The City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. The City will use its best efforts to secure and protect Operator's information in the same manner and to the same degree it protects its own proprietary information; however, the City does not guarantee that any information deemed proprietary by Operator's will be protected from public disclosure if release is required by law. 13. 'Trademarks and c®pyri�hts No party shall obtain, by this Agreement, any right, title, or interest in the trademarks of the parties, nor, except as provided herein, shall this Agreement give any party the right to use, refer to, or incorporate in marketing or other materials the name, logos, trademarks or copyrights of the other parties. 13.1 Operator, its designees or assignees, shall not use, any designated Account Marks or copyrights of the City of Fort Worth, photographs and/or recordings, or sell, transfer, or give any original prints or reproductions for circulation and/or publication for use by a third party, in any manner that reflects unfavorably upon the good name, goodwill, reputation, or image of the City of Fort Worth. Operator, its designees or assignees, shall not use the any designated Account Marks, copyrights, photographs and/or recordings in any manner that would cause confusion in the public mind as 7 • - of the designated Account Marks or • • • of the City of • thirdWorth shall be incorporated into a common graphic or be associated with party trade• or Operator, its designees or assignees, may •' use any of designated marks or •• • of of Fort Worthor authorize1 • Wide Website •; on any other on4mie site, except as specifically approved by the City of Fort Worth. Operator, designees • or assignees, not •' or manufacture or production of - . 1 •. • the designated or copyright•' prior • of 3.2 Operator •' • assume full responsibilityfor • • Federal Copyright Law of 1978 (17 U.S.C. 101, et seq.) and any Regulations issued thereunder including, but not limited to, the assumption of any and all responsibilities for paying royalties which are due for the use of copyrighted works in Operator's performances or exhibitions to the copyrightowner, or • or d copyright owner. City expresslyno obligations, 4 1 or otherwise, regarding payment or • • of f fees or obligations. City specifically does not authorize, permit, or condone the performance, reproduction, or other use of copyrighted materials by Operator or its agents without the appropriate licenses or permission being secured by Operator in . • The City assumes no responsibility or liability with respect to the content of any material published by Operator, its designees or assigns. Operator, its designees or assignees, shall be responsible for all such content, and shall indemnify and hold the City harmless with respect to such content and use. 14. Assi�nnient This Agreement or any part hereof shall not be assigned or otherwise transferred by any party without the prior written consent of the other party. Operator may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, conditioned on (i) the prior approval of the assignee or successor and a finding by the City Council that the proposed assignee or successor is financially capable of completing this Agreement and (ii) the proposed assignee or successor has executed a written agreement with the City under which it agrees to assume all covenants and obligations of Operator under this Agreement, in which case such assignee or successor shall thereafter be deemed "definition of other party" for all purposes under this Agreement. 15. Affiliati®n City acknowledges and agrees that Operator has an affiliate, 24Seven USA Franchising Limited (24Seven), in the business of franchising vending routes, and that Operator shall be and entitled to assign, subcontract or delegate its rights and or responsibilities under the Agreement to any 24Seven franchisee with the vriften consent ot the Uity. DrRieven shall De required to comply NN h al the erms of Agreement. •ALUX ,: ,. f, 1 I)MVACUIT The parties are acting heremi as independent contractors and independeWi employers. Nothing heremi contained shall create or be construed as creating partnership, joint venture or agency relationship between the parties and no party shall have the authority to bind the other in any respect. •1. it �,: If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County,or • States District Courtfor Northern District of Texas � Fort Worth Division. This Agreement shall be construed in accordanceof of It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 19. I'®rce aieure It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of Clod; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions, transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the Term shall be extended for a period of time equal to the period such party was delayed. �perator,- or postpone -d_• delivery or event f public safety. Z0. Severability; Headin 20.1 If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20.2 The headings or captions of the various sections of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions of the applicable Agreement. 0 21. Compliance with Laws, Ordinances, Rules and Regulations 20.1 Each party hereto agrees that it will, in its performance of its obligations hereunder, fully comply with all applicable laws, regulations and ordinances of all relevant authorities and shall obtain all licenses, registrations or other approvals required in order to fully perform its obligations hereunder. 20.2 This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 22. Entirety of Agreement This Agreement, including the exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Operator, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and, if required, approved by the City°s City Council. CITY OF FORT WORTH i Assistant City Manager ATTEST: City Secretary Approved as to Form and Legality Assistant City Attorney BACON WHITNEY LLC yIN CcAtr&ct. Authoirizatiox Date OFFICIAL R�COR® CITY SECRETARY T. WORTH, TX I1: COMMISSIONS SCHEDULE Pursuant to Section 2.1 of the Vending Agreement of which this Commissions Schedule is made a part thereof and incorporated therein by reference, Operator has agreed to pay to City 24.1 percent of its gross receipts on the following products sold through its vending machines as set forth below ("Commissions"), subject to the terms and conditions set forth in this Commissions Schedule: PRODUCTS SUBJECT TO COMMISSIONS COMMISSIONS PERISHABLE ITEMS PRICING NON-PERISHABLE PRODUCTS GUM &MINTS CANDY CRACKERS LARGE SINGLE SERVE FRITO LAY REG. CHIPS PASTRY BIG COOKIE POPCORN POPTART BASIS FOR AMOUNT OF 24.1 0% PRICE 0.55 0.75 0.75 0.85 0.65 1.00 0.85 0.85 0.85 After Agreement Year One, Operator may increase vending machine prices if mutually agreed upon by both parties. Commissions shall only be paid upon the categories of products specifically identified herein. Commissions shall be paid quarterly in accordance with the Operator's fiscal quarters, on or before the thirtieth (30th) day of the month following the end of the applicable fiscal quarter of the Operator, unless otherwise expressly provided herein. Commissions shall be paid on a quarterly basis in accordance with the amount of Commissions generated or projected to be generated on average on a monthly basis as set forth in Section 2.2 of this Agreement, unless otherwise expressly provided herein. Commissions shall be paid to the City at the address set forth in the Agreement. 11 I� iii m 0 z O M r - _ C 0 v O N C 0 L 5 V C[! •� ii apoD de 0 0 0 0 0 0 0 0 0 Qcon UO V) rA O O O O 0 u u 3 �W � M M It O O O O O O O O �+ O O O O U o z DO � F �w u" U 0 w a � 0 aw �+>4Qwd FCC✓Z �WOO�:)UwUO a Qw HrWL H d� A-i CQ wU(.7CZCQ7r):�,g x a 0as UU UL7 UU N O N O O cc O O O O O O O O O O O O O O O O O O O O O O O O O r q c7 a w �4 a�4 cm�N cn w U � � �0 t� � 00 r� O O l O O O O O O O O M O O O O O O cV N 1� N h (N O O M O O O M O O 'd Q Q A d rEm�ii rFMmqis un� U) � FG Ln Uo z z o o ¢ ° b C O W x O O d O Z F O H W x U x 0 w d O O N M O�s O kn O M --� O �--+ �--� '--i � N �--� O O O O O M N M v) Cn O Wn IC O 00 O N M O l� �--� •--� •--� •--� l� N 01 M IC N Lr) �c .--� w� w� ao Q �o �� ��H H HQ wQ of �o y� o o ow W¢Uo� kA O O U aQ� QOH 3a �zua� U �a��a�z� z � � �00 P1 0.1 P7 0.1 ¢ W P1 a� P1 P� OWH OUP wUwCd7 wa U (� N aaCCR aM4 a 1 aav�5 9 �aaa M O O O O O O O O O O O O r O O O O O O O O O O O O ti P� 0.1 N N z z a d A a l l N 00 00 00 so �mO NT O O O O O O O O O O O O O Nti N O O N N O O O O q 2r� ri PaA A A x�� �i cn coo z � o a a C) C) z o o z AC7� o a z z z � � o o u ¢� O� a 00 A a O Z z O c� U 4 w x x H U a ti ti a a ti ti A d a N M O vi kn O O O O O - O O � kn - O M O M O N 00 00 �' cY 00 00 01 O O N + W E o U O w d 0 �4 �dd a L7 Q o a U d Nz a0 a x �Hd W E O GOO O as O Gn 00 �� ooapdw �U �UpE" �Z¢L7 OQ aO 2r W OW Ow a�W w W W o N U� N OC 4 O > 3H 3 H �' � � O OAW H qH A z U4 U UC7 'CdCd0� UFO O NdaW� dA d� � oa'Cd7 a;C7NN � �� PM,ao' LW7Ld7 A QxU Page 1 of 2 City of Fort Worth, Texas • • • • • COUNCIL ACTION: Approved on 1/29/2008 DATE: Tuesday, January 29, 2008 LOG NAME: 60VENDING REFERENCE NO.: C-22654 SUBJECT: Authorize aTen-Year Beverage Contract with Coca-Cola Bottling Company and aFive-Year Snack Vending Contract with All Seasons Services, Inc. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute both aten-year beverage agreement with Coca-Cola Bottling Company and afive-year snack vending agreement with All Seasons Services, Inc. DISCUSSION: On May 18, 2004, (M&C C-20085) the City Council authorized the City Manager to execute an agreement with Public Enterprise Group (PEG) to assist in developing corporate partnership revenue programs. In exchange for assisting the City in identifying and negotiating any partnership contract, PEG would receive a 12 percent commission on all revenue it raises for the City through such contracts. Since that time, PEG has changed its name to Active Marketing Partnerships (AMP). A staff working group was formed in 2005 to work with AMP to gather information, identify and evaluate potential partnership opportunities and perform additional tasks relevant to developing the program. The most beneficial potential partnership was identified to be in the beverage/vending area. Currently, a number of departments have their own relationships/contracts with beverage and vending vendors. Revenue is deposited into various accounts, which makes it difficult to track and maintain. These two multi -year contracts will allow identified groups who have along -standing relationship to continue, while identifying and capturing the remaining beverage and vending opportunities. The relationship will allow for improved revenue tracking for the City, increased revenue from both up -front payments and increased commission rates, improved service by having one company versus multiple vendors, increased in -kind donations as well as special promotions/can advertisement opportunities, etc. In January 2006, the City of Fort Worth decided to reissue a new Request for Proposals (RFP) excluding specific locations originally included in the previous RFP. The City also amended the RFP to include city golf courses. The contract will include identified beverage and vending machines in City buildings, i.e. City Hall, City Cafeteria, City Hall Annex, libraries, off -site city facilities, and recreation centers. The estimated revenue is based on a guaranteed marketing fee as well as commission on beverage vending sales. AMP will receive 12 percent of revenue received as part of this agreement and will be compensated only for commissions on actual revenues received and deposited by the City. During the course of this evaluation, the City of Fort Worth Golf Division conducted preference surveys with golfers, who responded that they preferred Coca-Cola 2 to 1 over Pepsi -Cola. Based on feedback from customers, the comparison of overall value, as well as the comparison of the net present value of each http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 8/26/2008 Page 2 of 2 proposal, the recommendation of staff and AMP, is to award aten-year contract to Coca-Cola Bottling Company and afive-year contract to All Seasons Services, Inc. The estimated net revenue of the Coca-Cola agreement is $1,343,602, which does not include AMP's commission of $161,232. The City also could potentially receive $280,000 in marketing in -kind and volume incentives. The agreement with All Seasons Services, Inc., calls for no guaranteed up front dollars. During the five-year agreement, the City of Fort Worth will receive 24.1 percent of the annual snack revenue received from all applicable vending machines. A total of $373,000 will be provided to key stakeholders (Public Events, Parks, Golf, Sports Advisory Council, Cafeteria, etc.) for maintenance/operational costs and to match current contractual agreements. The City Manager's Office will continue to work with the Budget Office in monitoring the payment schedule of this agreement, as well as, track revenue based on consumption on an annual basis. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Budget Department is responsible for the collection and deposit of revenue due to the City. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/AccountlCenters Joe Paniagua (6191) Kirk Slaughter (2501) Anthony J. Snipes (8819) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 8/26/2008 Page 1 of 1 City of Fort Worth, Texas • • • • • DATE: Tuesday, August 26, 2008 LOG NAME: 25VENDING REFERENCE NO.: **C-22986 SUBJECT: Approve the Correction of M&C C-22654 to Correct the Name of the Contracting Entity from All Seasons Services, Inc., to Bacon Whitney, LLC RECOMMENDATION: It is recommended that the City Council approve the correction of M&C C-22654 to correct the name of the contracting entity from All Seasons Services, Inc., to Bacon Whitney, LLC. DISCUSSION: On January 29, 2008, the City Council authorized the approval of M&C C-22654 for snack vending services with All Seasons Services, Inc. Prior to the execution of the contract All Seasons Services, Inc., was acquired by Bacon Whitney, LLC. Bacon Whitney, LLC, is now the proper contracting entity for the snack vending contract. All other items in M&C-22654 will remain the same. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Tom Higgins (6575) Kirk Slaughter (2501) James Horner (2505) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 8/26/2008