AUTOMATED VENDING TECHNOLOGIES, INC. (AVT) -2013

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F-11NOW11111 iN&URANOE ON FILE WORK MAY PROCEED t)NTll. SURANCE EXPIRES CLERK OF COt1NCE, GATE, tl--&—1 VENDING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AUTOMATED VENDING TECHNOLOGIES, INC. This Agreement is made and entered into this I" day of July, 2013, by and between Automated Vending Technologies Inc., a Nevada corporation dba in California as Autorated Vending Inc. ("Vendor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and taws of the state of California ("City"), RECITALS A. On April 11, 2013, the City issued a Request for Proposals (RFP 13-011 PRCSA) for a vending company to provide twenty-two (22) beverage and/or snack vending machines at various City-ovv7ied properties. B. The City received responsive proposals from three vending companies. Upon review of said proposals and rating through an evaluation committee, the City has determined that the Vendor's proposal is the most beneficial to the City. C. 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"). D. 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. 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 an initial term of one (1) year, commencing on the date set forth above and expiring on the anniversary date in the year 2014, unless earlier terminated by either party as provided herein. There shall be the option of extending the Agreement for five (5) additional one-year terms, exercisable by the Executive Director of Parks, Recreation and Community Services ("Executive Director"). 2. EXCLUSIVITYNENDING RIGHTS The City hereby grants Vendor the exclusive right to install and maintain their soft drink and snack vending machines ("vending machines") throughout the Premises for the term, of this Agreement. City agrees to exclusively use Vendor identified soft drink and snack vending machines on the Premises.