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NSURANCE NOT ON FILE NORK MAY Nff PPROCEED CLERK OF COUNCIL DATE: it-i-016 o: COT, (1)(ca1ei nai,e -e) VENDING SERVICES AGREEMENT N-2006 -106 THIS AGREEMENT, made and entered into this y9<L - day of oofc6er 2006 by and between Downey Vendors, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to acquire the services and equipment of a capable and experienced food and beverage vending machine contractor to provide refreshments at reduced cost for City employees at City -owned locations. B. Contractor has provided such services to City and has agreed to continue to provide vending services in compliance with the City's healthy foods resolution. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be perforated in compliance with such standards as may reasonably he expected from a professional vending services company. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement. In addition, Contractor shall provide such services in conformance with the following terns and conditions aJ Contractor shall provide a variety of vending snacks and drinks, in conformance with City's Healthy Snacks Resolution 2006 -053. b.) Contractor shall provide "reduced prices" on all vending machine products. The term "reduced prices" shall mean the mutually agreed discounted prices on all vending products provided by Contractor to City. c.) Contractor shall provide City thirty (30) day prior notification, in writing, of any price increase for items dispensed in vending machines subject to this Agreement. Any such increase in price must be agreed upon in writing executed by City and Contractor. d.) Contractor shall provide labor and supervision of service and maintenance of the vending operations at City facilities. If Contractor desires, or is requested by City to install new machines, Contractor shall so install at its cost. e.) Contractor shall be responsible for costs of installation and removal of all vending machines owned or maintained by Contractor.