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Res 044-83 3/1/1983RESOLUTION NO. `7 J5 RESOLUTION APPROVING THE ATTACHED CONTRACT WITH DR. PEPPER BOTTLING CO. OF WICHITA FALLS FOR FURNISHING SOFT DRINK VENDING SERVICES AT CERTAIN CITY FACILITIES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the City of Wichita Falls joined in contract with Dr. Pepper Bottling Co. of Wichita Falls to furnish soft drink vending machine operation services at certain City facilities; and, WHEREAS, the term of the original contract between Dr. Pepper Bottling Co. and the City of Wichita Falls was for a one year period beginning March 1 , 1982 and ending February 28, 1983; and, WHEREAS, both Dr. Pepper Bottling Co. and the City of Wichita Falls are in agreement that the attached soft drink vending contract should be renewed for an additional one year period under like terms and conditions; and, WHEREAS, renewal of this contract is not subject to formal bid processes; and, WHEREAS, Dr. Pepper Bottling Co. has complied with the terms and conditions of the original contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Dr. Pepper Bottling Company's contract with the City of Wichita Falls be extended for a one year period under like terms and conditions and the City Manager is authorized to execute the attached contract with Dr. Pepper Bottling Company of Wichita Falls . PASSED AND APPROVED THIS THE 1ST DAY OF MARCH, 1983. 77%; MAYOR gro tem ATTEST: c;73-6 Kaie-/ CITY CLERK Page 8 of 8 Pages Agenda Item No. 5.a. r STATE OF TEXAS COUNTY OF WICHITA This agreement made and entered into this the day of March, 1983, by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called City, and Dr. Pepper Bottling Company of Wichita Falls, hereinafter called Company, WITNESSETH: FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREE- MENTS HEREIN CONTAINED, the parties hereto do hereby agree as follows: 1. Company agrees to furnish and install vending machines in sufficient quantity for the sale of canned soft drinks in the following City facilities: Police Station at 610 Holliday; Central Garage at 400 East Scott Street; Health Unit at 1700 Third Street; Sanitation Department Building at 200 Sunset; Street Department Building at 200 Van Buren Street; Park Maintenance Building at 510 Baylor Street; Activities Center at 607 Tenth Street; Martin Luther King Center at 1100 Smith; Waste Water Treatment Plant at 1000 River Road; Water & Sewer Headquarters at 402 East Scott; and Park Maintenance Buildings at Kiwanis Park, Southern Hills Park, and Williams Park. This contract shall be for a one year period, from March 1, 1983 , through February 28, 1984, with an option to renew by either party for a like period upon like terms and conditions, such option to be exercised in writing not less than thirty (30) days prior to expiration. 2. The types of vending machines and the quantity for each location shall be installed at the discretion and to the satisfaction of the Assistant City Manager. 3. Company shall maintain and service the soft drink vending machines at the above locations on a daily basis or more often. as seasons require. City shall establish the requirements of seasonal servicing. 4. City agrees to furnish an area in each of its facilities described above for the soft drink vending machines. City assumes no responsibility nor liability for damage to the soft drink -.ending machines, or for theft. 5. Company agrees to have maintenance personnel on call on a Page 5 of 8 Pages Agenda Item No. 5.a. r s t54•'h '- twenty-four hour basis, seven days a week, where applicable, to service, repair and fill the machines when necessary. 6. Company agrees to furnish to City a certificate of insur- ance showing that it has a policy or policies of liability insurance in the amount of $100,000.00 per person, $300,000.00 per occurrence for bodily injury liability, and $25,000.00 per occurrence for property damage liability, both coverages to include product liability. 4'" 7. Company shall keep all soft drink vending machines clean x+; and attractive, in good mechanical condition and clearly labeled D, z with prices and instructions for use The name, address and tele- rte.._ ,- 2 ,.r j r phone number of the person to be contacted in case of malfunction or other problem shall be given to the person in charge of each location dR i 3LN r ,,, ' or shall otherwise be provided by some method such as by a labeled sticker on each vending machine. City shall furnish Company with a list of names of persons at each location who will be authorized to call Company concerning problems with the soft drink vending machines. 8. All electrical devices shall be grounded. is 9. Electricity and water, where necessary, will be provided sue''`; 'i -x = by City. City will also provide janitorial services. 10. All soft drink vending machines will be of the change- maker type, where feasible. 11. Company shall charge not more than $.35 per canned soft drink in all soft drink vending machines at all the locations des- cribed above. Company shall pay City a commission of 21.5% of the total amount received by the vendor for each case of soft drinks 24 cans per case) which is sold in the soft drink vending machine by Company, but in no event shall said commission be less than 1.80 per case. 12. Company shall furnish duplicate statements of earnings for each soft drink vending machine in each location set out above to the Assistant City Manager. Company shall make payments to the City's Chief Accounting Officer of the commissions due the City for the previous month on or before the tenth day of each month, and a shall provide a breakdown of commission payments per vending machine according to the rates stated above. Page 6 of 8 Pages Agenda Item No. 5.a. w J 13. Any price changes on any of the canned drinks in Company's soft drink vending machines during the term of the contract shall be negotiated with the City. 14. Company shall comply with all City codes and ordinances. Vending machines shall be subject to inspection by Health Department inspectors. 15. At City's discretion, new concession locations for soft drink vending machines may be added to this agreement or existing areas may be deleted without affecting the other provisions of this contract. City reserves the right to go to another vendor for added services if Company fails or refuses to add the desired soft drink m iR vending machines within a reasonable time after they are requested from vendor. 16. Failure to comply with any of these covenants will be grounds for cancellation of this contract. Company shall be notified in writing by registered mail or personal service of any breach of such covenants; and if such breaches are not corrected within a period of twenty-four hours following receipt of such notice, City may declare this contract null and void. In that event, Company will be allowed an additional twenty-four hours to remove all soft drink vending machines from the premises, after which time Company shall be charged a rental fee of $25.00 per day or part of a day for each day or part thereof that the soft drink"vending machines remain on the City's premises. A separate $25.00 fee will be charged at each location. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first set out above. CITY OF WICHITA FALLS BY: Dane J. Bennett Acting City Manager ATTEST: City Clerk Approved as to form: Assistant City Attorney DR. PEPPER BOTTLING COMPANY OF WICHITA FALLS BY: Page 7 of 8 Pages Agenda Item No 5.a.