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Home My WebLink AboutR-2023-130 Approving an Agreement with Aramark Refreshment Services, LLCRESOLUTION NO. R-2023-130 A RESOLUTION APPROVING AN AGREEMENT WITH ARAMARK REFRESHMENT SERVICES, LLC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Agreement between the City of Riverside and Aramark Refreshment Services, LLC, attached hereto in its substantial form, is hereby approved and the Mayor is authorized to execute the Agreement on behalf of the City; and FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 19th day of September 2023. /s/ Kathleen L. Rose Mayor Kathleen L. Rose ATTEST: /s/ Robin Kincaid Robin Kincaid, City Clerk ADDENDUM 1. This addendum is made and entered as of the last date in the signature box below, by and between the City Riverside, Missouri ("City") and Aramark Refreshment Services, LLC ("Contractor"). 2. This addendum form is hereby made a part of the Customer Relationship Agreement by and between the parties hereto ("Agreement"), modifying and superseding where it is inconsistent. All other terms and conditions of the Agreement remain unchanged, and this addendum is expressly incorporated and made a part of the Agreement. 3. Notwithstanding any provision of the Agreement to the contrary, nothing in the Agreement shall constitute or be construed or deemed to constitute a waiver of the City's sovereign immunity. Any indemnity provided by the City is subject to the extent permitted by law. 4. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Missouri. The parties hereto agree that any action at law, suit in equity, or other judicial proceeding arising out of this Agreement shall be instituted only in the Circuit Court of Platte County, Missouri or in federal court of the Western District of Missouri 5. In accordance with the laws of the State of Missouri, specifically Missouri Constitution, art. VI, section 26, notwithstanding any provision to the contrary, nothing in the Agreement shall be construed as creating an obligation or debt beyond the City's fiscal year, and in the event that it does, performance of the City's obligations under the Agreement is expressly subject to appropriation of funds by the City year-to-year during the duration of the Agreement. [Remainder of page intentionally left blank] 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by themselves or by their authorized representatives. ARAMARK REFRESHMENT SERVICES, LLC: By: /s/ David Seelen Name: David Seelen Title: District Mgr. Dated: 9/14/23 CITY OF RIVERSIDE, MISSOURI: By: /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Robin Kincaid Robin Kincaid, City Clerk COUNTERSIGNED BY: CITY PURCHASING AGENT: By: /s/ Brian Koral Brian E. Koral, City Administrator Dated: 2 aramark Aramark Refreshments CUSTOMER RELATIONSHIP AGREEMENT AGREEMENT EFFECTIVE DATE: 10/02/2023 | ARAMARK REPRESENTATIVE: Stephanie Francis CUSTOMER SERVICE LOCATION(S) | CUSTOMER BILLING ADDRESS (IF DIFFERENT) CUSTOMER NAME: Riverside, MO Government CUSTOMER NAME: Riverside, MO Government ADDRESS: 2950 NW Vivion Road ADDRESS: 2950 NW Vivion Road CITY / PROVINCE/ POSTAL CODE: Riverside/MO/64150 CITY / STATE / ZIP: Riverside/MO/64150 PHONE #: 816-732-9010 PHONE #: 816-372-9010 EMAIL: rkincaid@riversidemo.gov EMAIL: coetting@riversidemo.gov ATTN: Brian Koral ATTN: Carol Oetting SIC: 8748 ACCOUNT TYPE: SHIP ONLY FULL SERVICE X PAYMENT TYPE: Credit Card Auto ADDITIONAL SERVICE LOCATIONS* (IF ANY): *In the event Aramark elects to provide services to any additional Customer location in the same geographic area as the initial location(s), the new location will automatically be covered by this Agreement. Aramark's Commitment to our Customers • Reliable services, including regular delivery of product at your locations • High quality products and equipment, meeting or exceeding industry standards • Prompt, no -cost equipment repairs • Regular servicing of Aramark provided equipment • Dedication to meeting or exceeding your expectations Service Guaranty: Customer may terminate this Agreement at any time for material deficiencies in service if, after notifying Aramark in writing of the nature of the service deficiencies, Aramark has not corrected the deficiencies within forty-five days. Customer agrees to purchase all breakroom products, and rent related equipment, exclusively from Aramark. The breakroom products and equipment are listed below. PRODUCTS: | Product | Price/Product | Product | Price/Product See Product list attached below EQUIPMENT: Description | Monthly Rental/Unit($) | Description | Monthly Rental/Unit($) Bunn Bean Grinder LPG(1) $25.00 Curtis TLP-90 Airpot Br. Auto(1) $0.00 FILTERS and UV BULBS: Filter Exchange/UV Bulb | Filter Exchanae/UV Bulb Price | Frequency/Year Aramark Bronze Water Filter(1) $59.99 4 MONTHLY MINIMUM PURCHASE REQUIREMENT: Each month, Customer agrees to spend, or guarantee average spend of, at least $100.00, excluding applicable taxes, on products, equipment and services (the Monthly Minimum). Aramark reserves the right to invoice monthly the difference between Customer's actual spend and the Monthly Minimum if average spend falls below this amount. Administrative charge (not intended to be an employee tip or gratuity): $9.99 per delivery Equipment installation charge: $25 per piece of equipment Terms and Conditions Rev. 06/17 1. Service Guaranty: Customer may terminate this Agreement at any time for material deficiencies in service if, after notifying Aramark in writing of the nature of the service deficiencies, Aramark has not corrected the deficiencies within forty-five days. 2. This Agreement, including all attachments and addendums/amendments signed by both parties, is the entire agreement. Any terms and conditions in a customer purchase order or similar document will have no effect. 3. In no event will either party or its affiliates be liable to the other party for any claims for indirect, special, incidental, consequential, punitive or extraordinary damages, lost profits or business interruption. 4. Title and ownership of any equipment will remain with Aramark. Customer agrees to pay Aramark's standard replacement price for any equipment that is not returned to Aramark upon the expiration or termination of this Agreement or if any equipment is damaged by Customer, except for damage resulting from normal wear and tear. All products consumed or used in connection with the equipment furnished by Aramark must be purchased from Aramark. 5. Payment terms are net thirty days from the date of invoice. Aramark may charge a late payment charge on all past due amounts equal to the lesser of one and one-half percent per month (eighteen percent per year) or the maximum permitted by law. The charges in this Agreement are exclusive of any applicable taxes. 6. The initial term of this agreement is thirty-six months. This Agreement will automatically renew on a year-to-year basis after the initial term, unless either party provides sixty days' prior written notice before the end of the current term. 7. On or after each anniversary of the above Effective Date, Aramark may increase the prices then in effect by five percent (API). In addition, upon written notice (which may be by invoice, monthly statement or letter), prices may be changed by Aramark. Customer may reject a price change (except the API) by notifying Aramark in writing within five business days of receiving notice. If Customer rejects a price change, Aramark reserves the right to terminate this Agreement in whole or in part. 8. In addition to any other remedies Aramark may have, if Customer breaches this Agreement, or terminates this Agreement other than in accordance with the Section 1 or Section 6 above, Customer agrees to pay: a) a restocking charge of seventy-five dollars per piece of equipment; and b) liquidated damages (intended as a good faith pre -estimate of the actual damages Aramark would incur and not as a penalty) in an amount equal to twenty-five percent of the average monthly charges during the six months prior to termination times the number of months remaining on the unexpired term of this Agreement. 9. Additional charges will be agreed upon for services outside the scope of Aramark's standard service offering. 10. Customer acknowledges that some or all equipment will be connected to water lines. Aramark recommends enrolling in our Water Leak Prevention Program, which will provide for the installation of a Water Block on each water line and the annual inspection of the Water Block and related water lines used to connect the equipment. While no product or program can fully eliminate the risk of water leaks, these actions can help minimize water damage in the event of a leak. Unless initialed below, Aramark will implement the Water Leak Prevention Program. Customer agrees to pay a one-time fee of $159 dollars per water line with a Water Block installed. Customer Additional/Special Requirements or Terms: If additional products/services are to be provided, or buyback protected contract investment to be made, check box ❑ and attach addendum(s). Temp Energy Fee: $6.50 per delivery (see ararefreshments.com/fuel for details) CUSTOMER Signature: Print Name: Brian Koral Title: City Administrator ARAMARK REFRESHMENT SERVICES, LLC !data von 2effen David von Zellen Signature: Print Name: Title: District Manager Rev. 06/17 PRODUCTS: Product | Price/Product | Product - UOM Starbucks Pike Place 2.5oz 18ct Pack $67.75 Pack Folgers Classic Roast .9oz 36ct Case $30.57 Case Caribou Regular 2.5oz 18ct Case $48.08 Case The Roasterie Kansas City 2.5oz 64ct Case $188.20 Case Kaldi Market Blend 2.5oz 24ct Case $79.77 Case Joffrey French Vanilla 2.0 oz 24ct Case $40.65 Case Parisi House Blend 2.5oz 40ct Case $119.05 Case CC Signature Blend 2.5oz 40ct Case S49.98 Case Roasterie KC Blend Decaf WB 51b 1ct Each $87.25 Each Joffrey Divine Donut Dark WB 21b 1ct Each $24.98 Each CC Sig Blend Dark Roast WB 21b 1ct Each $24.53 Each Roasterie KC Blend WB 51b 1ct Each $91.71 Each Roasterie Super Tuscan WB 51b 1ct Each $88.42 Each Sysco Sugar Packets 2000ct Case $27.03 Case Solo Exec Paper Cup 370T 10oz 50ct Pack $126.75 Case of 20 Bigelow LoveLemon Herbal Tea 28ct Pack $5.58 Pack Bigelow Mint Medley Tea 28ct Pack $5.58 Pack Bigelow Orange & Spice Tea 28ct Pack $5.58 Pack Bigelow Raspberry Royal Tea 28ct Pack $5.58 Pack Bigelow 8 Flavor Asst 64ct Pack $17.03 Pack Bigelow Apple Cinn Tea 28ct Pack $5.58 Pack Lipton Decaf Tea 72ct Pack $8.42 Pack Lipton Green Tea 100ct Pack $12.21 Pack Lipton Tea 100ct Pack $6.45 Pack Bigelow Lemon Lift Tea 28ct Pack $5.58 Pack Bigelow Green Tea Lemon 28ct Pack $5.58 Pack Bigelow Green Tea Decaf 28ct Pack $5.57 Pack Bigelow Green Tea 28ct Pack S 5.58 Pack Bigelow English Teatime Tea 28ct Pack $5.58 Pack Bigelow Engl Breakfast Tea 20ct Pack $5.58 Pack Bigelow Earl Grey Tea 28ct Pack $5.58 Pack Bigelow CranberryApple Tea 28ct Pack $5.58 Pack Bigelow CozyCharm Herbal Tea 28ct Pack $5.58 Pack Bigelow Constant Comment Tea 28ct Pack $5.58 Pack Bigelow Cinnamon Stick Tea 28ct Pack $ 5.57 Pack Bigelow Benefits Turmeric Matcha 18ct Pack $4.54 Pack Bigelow Benefits StayWell Lem Echin 18ct Pack $4.54 Pack Bigelow Benefits Ginger Peach 18ct Pack $4.54 Pack Bigelow Benefits Citrus Oolong Teabag 18ct Pack $4.54 Pack Bigelow Perfectly Mint Tea 28ct Pack $ 5.58 Pack SMiss Reg Hot Choc Mix 50ct Pack $13.99 Pack Grindstone Creamer Canister 12oz 1ct Each $3.16 Each CoffeeMate Liq Regular .375oz 50ct Pack $7.73 Pack CoffeeMate Liq Hazelnut .375oz 50ct Pack $7.15 Pack CoffeeMate Liq French Van .375oz 50ct Pack $7.17 Pack Equal Packets 115ct Pack $5.39 Case of 12 SweetnLow Packets 100ct Pack $3.85 Pack Truvia Sweetener All Natural 140ct Pack $15.66 Pack Splenda Sweetener Packets 100ct Pack $8.76 Pack Dixie Dome Lid 16oz D9542 100ct Pack $74.24 Case of 10 Rev 06/17