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Home My WebLink AboutCANTEEN/City Hall-vending Agreement 2014 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 TERNPRI511xWW fW6Slit( ** 42 NSI t')14;( r ATIP M (oodootivolreehmiXion CANTEEN). 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. **Compass Group USA, Inc. by and through its Canteen Vending Services Division,with its principal place of business located at 2400 Yorkmont Road,Charlotte, NC 28217 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. CANTEEN owns and supplies vending machines. The parties believe it is mutually beneficial to locate vending machines owned by CANTEEN within the City Hall break room. April 19,2014 and TERM: The Agreement shall begin on 3 2f1 icHVAI VOP14~`t ct4 f1<63g linific }rd9yx T41 R-Witxshall remain in effect for three (3) yearsxcamaxxx46191thic 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: CANTEEN 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: CANTEEN 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,unless as may otherwise be negotiated by the parties. Consent to price adjustments will not be unreasonably withheld by the CITY. COMMISSION: CANTEEN will 04 14 000041 016 bXl0c0c uWa XtUnftc — )lagemoggoombiRmitlivoyAntAomigmAdoricik All payments will be submitted to the Finance Department. CANTEEN shall submit, along with the quarterly check(s), separate quarterly zeports showin�all sales volume eyera e and snack items. ***pay the CITY a 10%commission upon Net Beverage Salts,which comrffission will be paid by CANTEEN on quarterly basis,consistent with CANTEEN'S fiscal calendar. Net Beverage Sales is defined as gross beverage revenues, less applicable sales taxes and container deposits. STOCKING/REPAIR/SERVICE: CANTEEN is responsible for stocking, maintaining, repairing and servicing the vending machines and all equipment related to the vending machines. CANTEEN 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 CANTEEN 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: CANTEEN will provide the vending machines to the City Hall break room Iocation(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: CANTEEN 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 CANTEEN. 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: CANTEEN 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: CANZEUXMajAKRARiieugafacaLdsligfix3iAikktafexCiti5041344Attrg4 IffexCliflofiffiiiMicf6nINIKM044.26M6346)%19VelidgirifivaatliMP0MolifeWaediffhiWt4 omutiogo ac hit oeu € ktxtitext c tfc c uAtm iag>i cfc-�� akc k sonetx postatxotsc iedctootkcomo omodimmukitxxx c rzakx kx x � keoZZ1Nc t ck7 ci xEkbc x Idx citot atrx x bf t s xl k INSURANCE: CANTEEN shall provide a certificate of insurance, showing $1,000,000.00 of coverage, covering physical damage, general liability, and loss of money. CANTEEN'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 **** Canteen shall indemnify,defend,and hold harmless the CITY from any and all losses,damages,or expenses, including reasonable attorneys'fees,arising out of or resulting from claims or actions for bodily injury,death, sickness, property damage,any breach or default hereunder or other injury or damage to the extent caused by the negligent acts or omissions of Canteen, its employees,agents,or representatives. 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. ximpqww COMPASS GROUP USA, INC.by and through its Canteen Vending Services Division January 15,2014 Date Signature Title Porter Hinton Division President Print Name Title City of Oshkosh a Ma Rohloff, City Manager Pamela Ubrig, City Clerk As To Form: Oh S Lin orenson, Ci''t orney 3