The URL can be used to link to this page

Home My WebLink AboutReso 1973-6939Form No. 342 Rev. 9-71 RESOLUTION NO. 6939 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF C$ULA VISTA AND SOUTH BAY VENDING COMPANY FOR PROVISION OF VENDING MACHINES AT LOMA VERDE RECREATION CENTER'I, YOUTH CENTER AND NORMAN PARK CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEM~NT The City Council of the City of Chula Vista does hereby resolve as follows: ' NOW, THEREFORE, BE IT RESOLVED that that certain',agreement between THE CITY OF CHULA VISTA, a municipal corporation, end SOUTH BAY VENDING COMPANY, for provision of vending machines at Loma Verde Recreation Center, Youth Center and Norman ParkjCenter dated the ~ nth day of Julv 1973 a ',copy of which is attached hereto and incorporated herein, the same'ias though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City1 of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by (O, E. Emerson Hall, Director of Parks & Recreation ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 17th day the following vote, to-wit: ~.~-4~ George D.'~indberg, City the CITY COUNCIL of the CITY OF CHULA of JLIy , ',,, 1973 by AYES : Councilmen Scott. Hobe1 ~ Hamilton Hvde E~dahl NAYES: Councilmen Non ABSENT: Councilmen__ None ~', 4 ATTES z'~rv~ztiei City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) ~~~-ozu.~j~-. /'b~ yor of the City o I, Chula Vista, California, DO HEREBY CERTIFY that and correct copy of Resolution No. and been amended or repealed. DATED ula Vis City Clerk cif the above iS a that the salme the City of full, true has not City Clerk ~rRF.F.MF.NT THIS AGREEMENT, made and entered into this 17th day of July 1973, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", end SOUTH BAY VENDING COMPANY, owner of vending machines, hereinafter deferred to as "Vendor": W I T N E S S E T H WHEREAS, City operates a number of public buildings including office facilities, recreational centers, and other facilities open to both the public and municipal employees, wherein City desires to place soft drink and other vending machines for the convenience of the public and employees, and WHEREAS, South Bay Vending Company is a vendor capable of rend- ering the required services and providing the necessary vending equipment. NOW, THEREFORE, in consideration of the premises and upon the terms and conditions herein contained, City and Vendor agree'. to the follow- ing: 1. The term of the agreement shall be for a period of one (1) year, commencing on June 21, 1973 and automatically renewed each June 21st thereafter for an additional period of one year, unless sooner terminated as hereinafter provided. 2. Vendor shall, on the effective date of this agreement, enter upon the performance of the duties of Vendor in the City of Chula Vista and in particular: a. Vendor is the owner and controller of certain vending machines, more particularly described as follows,: Loma Verde Recreation Center - Ice Cream - Model #DCA2B Candy Model #164 Youth Center - Ice Cream - Modell #DCA2B Candy Mode],' #012-77 Norman Park Center - Candy - Model #130 Vendor may from time to time, subject to the approval of the City Manager, modify the machines so made available and add new machines thereto. b. Vendor and City agree to allow five of said ver}ding machines to be placed in the facilities described in "A" above; provided, however, that additional facilities may require said services from time to time and additional machines may be so placed, subject to approval cif the City Manager. c. Vendor permits City the use of said machines without cost, and also agrees to return to City ten percent (100) of the monthly gross monies of each machine; payable to City by the tenth (10th) day of the month. d. Vendor shall place said machines in a location to be approved by the City Manager and may install any additional machines in said spaces and at said locations upon the approval of the City Manager. e. Vendor shall maintain each machine in good working order at no cost to City; City shall not assume any maintenance or repair costs. f. Vendor shall assume all installation and removal costs for said machines. ~~ g. City shall permit Vendor to inspect, service, maintain or repair said machines at any time during normal business hours. h. City shall exercise reasonable care and necessary caution in the use, maintenance and protection of said machines; City shall immediately report to Vendor any damages to or mechanical failures of the said machines. i. City shall notify Vendor immediately if an attach- ment or levy is placed on said machines. j. City shall not be responsible for any damage to said machines due to vandalism, damage or any other operational function, including spoilage of products resulting therefrom. k. Vendor shall indemnify and hold harmless City, its officers, employees, or agents from ahy claims arising from its use of the premises or from the operation of the vending machines. Vendor shall provide a policy of public liability 'sand property damage insurance approved by the City''Attorney with limits of $100,000 for injury to any one person and any one accident; $300,000 to two or more persons from anh one accident or occurence, and $25,000 for property damage and shall also carry a policy for Workmen's Compensation Insur- ance covering any and all of his employees. Approv- ed copies of these policies or certificates shall be filed with the Director of Finance', of the City. 1. During the last ten )10) days of his lease or within ten (10) days of any cancellation or other expiration, Vendor shall remove at his own expense his own furnishings, equipment and fixtures. Should Vendor fail to remove such items within said ten (10) days period, he shall Dose all right, title and interest in said items, and City may elect to keep same upon the premises or to ',,sell, remove, or demolish them. In the event of Stich sale, removal or demolition, Vendor shall reimburse City for any cost in excess of any consideration ~'eceived by. City as a result of said sale, removal or demolition. m. Special Termination - In addition to ;the other remedies provided by City within the terms of this agreement, City shall have the rights upon fifteen (15) days notice to Vendor to cancel this agreement if, in the opinion of the City Manager, operations conducted by Vendor are unsatisfactory, plus fifteen (15) days to correct same. In the event of such cancellation, the replacement Vendor obtained by City shall purchase from Vendor his non-returnable inventory or merchandise for sale at Vendor's cost and his equipment at its fair market value. In the event of disagreement on values, the City Manager shall establish a value which shall be binding upon the parties to this agreement. -2- ~R39 n. In the event that Vendor shall faithfully keep and perform all of the terms, conditions and agreements contained in this agreement, he shall have the right of first refusal of any renewal of this agreement. Venda,r shall have the right to terminate this agreement within fifteen (15) days following delivery of written notice of such termination to the Director of Finance. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA VENDOR ~ r' Mayor of the City of Chula V a ATTEST APPROVED AS TO FORM' BY /F ~ / nie Fulasz, City Clerk George D indberg,"'~ City Attorn ,~ '~^_ > -, n -3-