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Home My WebLink AboutReso 1972-6487Form No. 342 Rev. 9-'71 RESOLUTION NO. 6487 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY VENDING COMPANY FOR PROVISION OF VENDING MACHINES AT LOMA VERDE RECREATION CENTER AND PARK WAY YOUTH CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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, and SOUTH BAY VENDING COMPANY, for provision of vending machines at Loma Verde Recreation Center and Park Way Youth Center dated the 20th day of June , 19 72 , a co py of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City 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 E. Emerson Hall, Director f Parks George & Recreation ADOPTED AND APPROVED by the CITY VISTA, CALIFORNIA, this 20th day of June the following vote, to-wit: Approved as to form by .. ,. .. J D. Lindberg, City Attorney COUNCIL of the CITY OF CHULA 19 72, by AYES : Councilmen Scott, Hobel, H de Egdahl NAYES : Councilmen None ABSENT : Councilmen Hamilton ATTEST _~ L 11 t£ /~% l i'f~ ~.,C ~;. ' City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ~ L Mayor of the City of hula Vista Pro Tempore I' City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk THIS AGREEMENT, made and entered into in the City of Chula Vista, California, this 20th day of June ~ 1972, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and SOUTH BAY VENDING COMPANY owner of vending machines, hereinafter ref- erred to as "VENDOR". W I T N E S S E T H WHEREAS, City operates a number of public buildings includ- ing 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 rendering 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 following: 1. The term of the agreement shall be one (1) year beginning on June 21, 1972 and ending at midnight on June 21, 1973 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 in accordance with serial numbers and model numbers ~~,- Nbdels 164,277; Ice Crean-DCA-2-D; Cookie-130 b . Vendor and City agree to allow f~-(51 of said vending machines to be placed in the follow- ing facilities: Loma Verde Recreation Center - three machines Park Way Center - two machines c. Vendor permits City the use of said machines without cost, and also agrees to return to City 10% 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. -1- /7 (oY~7 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 any claims arising from its use of the premises or from the operation of the vending machines. Vendor shall provide a policy of public liability and 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 any one accident or occurrence, 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) day period, he shall lose 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 such sale, removal or demolition, Vendor shall reimburse City for any cost in excess of any consideration received 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 right, 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- /~~p ~b ,,; - 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. Vendor 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 ~~. ~ J Will T. Hyde, Mayor Pro pore VENDOR i ~. ATTEST =~ 1 ) ~.~ ~f / Jenn ~ Fulasz, City Clerk _ - 3- APPROVED AS TO FORM BY George D. Lindberg, City Attorney `~,`~.\ O"rflCfAl. SEAT. VW:; °+~~s, I~AM~LA A. HAP6'~IA w~ ry . ~ PJOTARY PUE3LIC CALiFOi:iVIA 't3 PRINCIPAL QFFi~E iN "~~~~_/ SAN DIEGO COIiNTY My Commission Expires Ap.il 25, 197G ~~u ~ ~