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To o SURANCE ON FILE N-2020-204 C WORK MAY PROCEED •,t UNTIL INSURANCE EXPIREi CLERK OF COUNCIL. DATE: VENDING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DOWNEY VENDORS, INC. iv -,a Uw Vas) F+4- This Agreement is made and entered into this 1st day of December, 2020, by and between Downey Vendors, hie, a California corporation ("Vendor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California ("City"). RECITALS A. The City desires to retain a vending company to provide beverage and/or snack vending machines at various City -owned properties. B. Vendor represents that Vendor is able and willing to provide such services to the City. Vendor offers soft drinks, water, iced tea, juice and snack products for sale in Vendor -owned vending machines. Vendor desires to place its vending machines at various agreed upon City -owned and operated facilities ("the Premises"). C. Vendor ensures that no less than fifty percent (50%) of the food and beverages provided in all vending machines located on the Premises will be of a healthy variety in compliance with the City's policy regarding healthy snacks in vending machines at City -owned facilities. D. Vendor represents that it is experienced in its field and that any services performed by Vendor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional vending company. WHEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. TERM The term of this Agreement shall be for a one (1) year term, commencing on December 1, 2020 and expiring on November 30, 2021, unless earlier terminated by either party as provided herein. 2. VENDING RIGHTS The City hereby grants Vendor the right to install and maintain their soft drink and snack vending machines ("vending machines") throughout the Premises for the term of this Agreement.