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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CITY CLERK <br />DATE: <br />0. Fvsp (9) <br />VENDING AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND <br />DOWNEY VENDORS, INC. <br />N-2024-093 <br />This Agreement is made and entered into this 26th day of January 2024, by and between <br />Downey Vendors, Inc, a California corporation ("Vendor"), and the City of Santa Ana, a charter <br />city and municipal corporation duly organized and existing under the Constitution and laws of <br />the state of California ("City"). <br />RECITALS <br />A. The City desires to retain a vending company to provide beverage and/or snack vending <br />machines at various City -owned properties. <br />B. Vendor represents that it is able and willing to provide such services to the City. Vendor <br />offers soft drinks, water, iced tea, juice, and snack products for sale in Vendor -owned <br />vending machines. Vendor desires to place its vending machines at various agreed upon <br />City -owned and operated facilities ("the Premises"). <br />C. Vendor ensures that no less than fifty percent (50%) of the food and beverages provided <br />in all vending machines located on the Premises will be of a healthy variety in <br />compliance with the City's policy regarding healthy snacks in vending machines at City - <br />owned facilities. <br />D. Vendor represents that it is experienced in its field and that any services performed by <br />Vendor under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional vending company. <br />E. Vendor has provided, and continues to provide, said services to the City under <br />Agreement No. N-2022-001, which expired on 12/31/2023. The City and Vendor will <br />provide compensation for services rendered from December 31, 2023, through the <br />commencement term, detailed below. <br />WHEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties hereto do hereby agree as follows: <br />1. TERM <br />The term of this Agreement shall commence on the date first written above and continue through <br />December 31, 2026, unless terminated earlier in accordance with Section 7, below. <br />2. VENDING RIGHTS <br />The City hereby grants Vendor the right to install and maintain their soft drink and snack <br />vending machines ("vending machines") throughout the Premises for the term of this Agreement. <br />Page 1 of 7 <br />