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<br /> <br /> <br /> <br /> <br /> <br /> VENDING AGREEMENT BETWEEN <br /> THE CITY OF SANTA ANA AND <br /> AUTOMATED VENDING TECHNOLOGIES, INC. <br /> This Agreement is made and entered into this 1St day of July, 2013, by and <br /> between Automated Vending Technologies Inc., a Nevada corporation dba in California <br /> as Automated Vending Inc. ("Vendor"), and the City of Santa Ana, a charter city and <br /> municipal corporation duly organized and existing under the Constitution and laws of the <br /> state of California ("City"). <br /> <br /> RECITALS <br /> <br /> A. On April 11, 2013, the City issued a Request for Proposals (RFP 13-011 PRCSA) <br /> for a vending company to provide twenty-two (22) beverage and/or snack vending <br /> machines at various City-owned properties. <br /> <br /> B. The City received responsive proposals from three vending companies. Upon <br /> review of said proposals and rating through an evaluation committee, the City has <br /> determined that the Vendor's proposal is the most beneficial to the City. <br /> <br /> C. Vendor offers soft drinks, water, iced tea, juice and snack products for sale in <br /> Vendor-owned vending machines. Vendor desires to place its vending machines <br /> at various agreed upon City-owned and operated facilities ("the Premises"). <br /> <br /> D. Vendor ensures that no less than fifty percent (50%) of the food and beverages <br /> provided in all vending machines located on the Premises will be of a healthy <br /> variety in compliance with the City's policy regarding healthy snacks in vending <br /> machines at City-owned facilities. <br /> <br /> WHEREFORE, in consideration of the mutual and respective promises, and subject to the <br /> terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: <br /> <br /> 1. TERM <br /> <br /> The term of this Agreement shall be for an initial term of one (1) year, commencing on <br /> the date set forth above and expiring on the anniversary date in the year 2014, unless <br /> earlier terminated by either party as provided herein. There shall be the option of <br /> extending the Agreement for five (5) additional one-year terms, exercisable by the <br /> Executive Director of Parks, Recreation and Community Services ("Executive Director"). <br /> <br /> 2. EXCLUSIVITY/VENDING RIGHTS <br /> <br /> The City hereby grants Vendor the exclusive right to install and maintain their soft drink <br /> and snack vending machines ("vending machines") throughout the Premises for the term <br /> of this Agreement. City agrees to exclusively use Vendor identified soft drink and snack <br /> vending machines on the Premises. <br /> <br /> <br /> 1 <br /> 25A-3 <br />