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Home My WebLink AboutZaug's Inc/vending machines (2013) CITY OF OSHKOSH VENDING AGREEMENT: CITY HALL PARTIES: This agreement is between the City of Oshkosh, a Wisconsin Municipal Corporation, 215 Church Avenue, Oshkosh, Wisconsin 54901 (CITY), and Zaug's, Inc., 4100 West Wisconsin Avenue, Appleton, Wisconsin 54913 (collectively referred to as ZAUG'S). The terms of this agreement shall not be for the benefit of any other person or party other than those identified and, specifically, there shall be no third party beneficiaries. PURPOSE: The CITY's City Hall property has an employee break room that is frequented by city employees which would benefit from food and beverage vending machines. ZAUG'S owns and supplies vending machines. The parties believe it is mutually beneficial to locate vending machines owned by ZAUG'S within the City Hall break room. TERM: The Agreement shall begin on the date all parties have placed their signatures below. This agreement shall remain in effect for one year from the date of signatures below. Either party may terminate this agreement for any reason by providing the other party with written notice no less than sixty (60) days before the termination date. There will be no renewal or extension of this agreement without written agreement by both parties. TYPES AND AMOUNTS OF VENDING MACHINES: ZAUG'S will provide the following vending machines: a) One (1) ten-selection can/bottle beverage machine with selections to be chosen by CITY. Selection options are listed on Attachment A. This beverage machine will have a bill recycler which accepts $1, $5, $10, and $20 bills giving change in bills and coins. b) One (1) four-row candy/snack/micro-meal machine that will offer 40%healthy choice snacks with new items changed out every month. This snack machine will have a standard bill validator which will accept $1 and $5 bills. VENDING PRICES: ZAUG'S will keep all prices currently in place (beverage prices are on Attachment A, snack prices are on Attachment B) for the term of the contract. COMMISSION: ZAUG'S will provide a 10% commission on all products purchased from the beverage machine with payments made quarterly. All payments will be submitted to the Finance Department. ZAUG'S shall submit, along with the quarterly check(s), separate quarterly reports showing all sales volume of all beverage and snack items. STOCK]NG/REPAIR/SERVICE: ZAUG'S is responsible for stocking, maintaining, repairing and servicing the vending machines and all equipment related to the vending machines. ZAUG'S will restock the machines on a regular basis, to be determined by their usage, and service the machines as needed on a 24/7 schedule. STOCKING/REPAIR/SERVICE NOTIFICATION: Except in the case of a verifiable emergency, all maintenance, repairs, and servicing shall be completed by ZAUG'S during 1 normal business hours of City Hall. The CITY must receive reasonable notification before entering City Hall property for any vending machine repair/service purposes. LOCATION OF VENDING MACHINES: ZAUG'S will provide the vending machines to the City Hall break room location(Room 410). PLACEMENT OF VENDING MACHINES: The parties agree to work together to determine and agree upon the reasonable placement of the vending machines within the City Hall break room. ADDITIONAL EQUIPMENT: ZAUG'S will provide a commercial microwave oven to be used in the City Hall break room (Room 410). Ownership, repair, maintenance and/or replacement of this microwave are the responsibility of ZAUG'S. There shall be no charge to the CITY for this additional equipment. CITY RESPONSIBILITIES: The CITY shall make available for each vending machine, one 110v outlet. The CITY is responsible for electric costs. The CITY will install vending misers on both machines. OWNERSHIP: ZAUG'S retains full ownership of the vending machines and microwave listed on this agreement. GUARANTY/WARRANTY: The CITY makes no guaranties or warranties, either express or implied, regarding the fitness or suitability of City Hall for the placement of vending machines, or regarding the volume of the product sold. Similarly, the CITY makes no guaranties or warranties regarding the security of the vending machines on the City Hall property. HOLD HARMLESS: ZAUG'S waives and releases all claims against the City and shall hold the CITY harmless for all damages related to the vending machines. This includes damages to the vending machines and/or the theft of money or the vending machine itself. ZAUG'S shall hold the CITY harmless for any property damage caused by a vending machine and for any personal injury or illness related to the use of a vending machine. ZAUG'S shall indemnify the CITY for all costs and damages it incurs for events in which ZAUG'S has agreed to hold the CITY harmless. ZAUG'S agrees, both on its behalf and on behalf of its insurer(s), that it will waive any subrogation rights against the City for any claim based upon a vending machine or this Agreement. INSURANCE: ZAUG'S shall provide a certificate of insurance, showing $1,000,000.00 of coverage, covering physical damage, general liability, and loss of money. ZAUG'S insurance shall add as an additional insured, the "City of Oshkosh, its offices, council members, agents, employees and authorized volunteers." MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes. Such damage limits, caps 2 and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin. Venue for any action regarding this Agreement shall be the Winnebago County, Wisconsin, Circuit Court or, if a federal court action, then the appropriate district and/or branch within which Winnebago County is located. Zaug's Inc. I/-fl - j Date itYd-) e.7 9 Title ,l' & i rzm iw 94odstairIlkhiock Print Name Title City of Oshkosh Mark Rohloff, City Manager 1 Pamela Ubrig, City Clerk �* As To Form: ►�i Ovieglii F ►orenson, Attorney 3 • . 12 oz. Can Soda -750 20 oz.Bottled Water-$1.15 Coke Aquafma Water Pepsi Mountain Dew Mug Root Beer 20 oz.Bottles-$1.35 Country Time Lemonade- Coke krioahativr unkist Orange Diet Coke Tropicana Orangeade Coke Zero Seven Up Cherry Coke • Dr.Pepper Diet Lime Coke • A&W Rootbeer. Pepsi *. . RC Cola Diet Pepsi Squirt Pepsi Max Sundrop Wild Cherry Pepsi Lipton Brisk Diet Wild Cherry.Pepsi LaCroix Lemon Water Caffeine-free Diet Pepsi Diet Coke . . Mountain Dew Diet Pepsi Diet Mt Dew Diet Rite . Mountain Dew Code Red Diet Mt.Dew Mountain Dew Live Wire Diet Mug Rootbeer Mountain Dew Voltage Diet Seven Up Sierra Mist Diet Dr.Pepper Diet.Sierra.Mist Diet A&W Root Beer Dr.Pepper Diet Sundrop Diet Dr.Pepper CF Diet Pepsi Seven Up CF Diet Dr.Pepper Diet_Seven Up Cherry Seven Up A&W Rootbeer 12 oz. Can Juice-$1.25 :. Diet A&W Rootbeer Welch's Apple Juice A&W Cream Soda Welch's Apple Cranberry Juice RC Cola Welch's Ruby Red Grapefruit Juice Diet Rite Welch's White Grape Raspberry Juice .Squirt Welch's Fruit Punch Sundrop Welch's Orange Juice Diet Sundrop V-8 Juice . Sunkist Orange Diet Sunkist Orange Citrus Green Tea 15.2 oz.Bottles-$1.50 Diet Citrus Green Tea Ocean Spray Cranberry Juice Grape Crush Welch's Orange Juice Cherry Crush Welch's Apple Juice Country Time.Lemonade Welch's Cranberry Lipton Brisk Welch's Grape Cocktail Lipton Fruit Punch Aquafma Water-Wild Berry 20 oz. Snapple-'$1.50 . Kiwi Strawberry 20 oz.Vitamin Water-$1.75 Diet Peach : Vitamin Water-Dragon Fruit Raspberry • • •Vitamin Water-XXX Diet Raspberry . Vitamin Water-Energy Vitamin Water Energizer • 20 oz. 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