Res 045-83 3/1/1983RESOLUTION NO. ,-I3
RESOLUTION APPROVING THE ATTACHED
CONTRACT WITH ROWE VENDING FOR
FURNISHING VENDING MACHINE
OPERATION SERVICES AT CERTAIN
CITY FACILITIES AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME.
WHEREAS, the City of Wichita Falls joined in contract with Rowe Vending for
Rowe Vending to furnish vending machine operation services at certain City
facilities; and,
WHEREAS, the term of the original contract between Rowe Vending and the
City of Wichita Falls was for the period beginning March 1 , 1982 and ending
February 28, 1983; and,
WHEREAS, the original contract is renewable for a like period upon like
terms and conditions upon thirty days ' written notice by either Rowe Vending or
the City of Wichita Falls; and,
WHEREAS, Rowe Vending has indicated in writing, on January 17, 1983, a
desire to extend the contract; and,
WHEREAS, Rowe Vending 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:
Rowe Vending's offer to extend its original contract with the City of
Wichita Falls for a like period under like terms and conditions is hereby
accepted and the City Manager is authorized to execute the attached contract
with Rowe Vending.
PASSED AND APPROVED THIS THE 1ST DAY OF MARCH , 1983.
MAYOR Protein
ATTEST: Page 6 of 6 Pages
Agenda Item No. 5.b.
CITY CLERK
STATE OF TEXAS Y
COUNTY OF iWICHITA Y
This agreement made and entered into this the dav
of March , 1983, by and between the City uf Wichita
Texas, a municipal corporation, hereinafter caller City, gnu
Rowe Vending Company, hereinafter called Rowe,
WITNESSETH:
FOR AND IN CONSIDERATION of the mutual covenants and
agreements herein contained, the parties hereto do hereby agree
as follows:
i. «::we agrees to furnish and install vending machines
in sufficient quantity for the sale of coffee, candy, snacks,
food and cigarettes in the following City facilities: Police
Station, at 610 Holliday Street; Central Garage at 400 East
Scott Street; Health Unit at 1700 Third Street; Martin Luther
F t
King Center at 1100 Smith Street; Bus Barn at 706 East Scott
Street; Sanitation Department at 200 Sunset; Street Department
at 200 Van Buren Street; Water & Sewer Headquarters at 402
East Scott Street; Park Maintenance Building at 510 Baylor Street:
and Park Maintenance Buildings at Kiwanis Park.
This contract shall be for a one year period, from
March 1, 1983 to 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.
1 -
a 3. Vending machines shall be maintained and serviced cn a
daily basis or more often as seasons require. City shall establish
the requirements cf seasonal servicing.
4. City agrees to furnish an area in each of its facilities
described above for the vending machines. City assumes no rospc,n-
sibility nor liability for damage to the vending machines, or theft.
5. Rowe agrees to comply with all City and State Health
Regulations applicable to vending and food preparation covered
by this contract.
Page 3 of 6 Pages
Agenda Item No. 5.b.
6. Rowe agrees to have maintenance personnel on call on a
twenty-four hour basis, seven days a week, where applicable, to
service, repair and fill the machines when necessary.
Y
7. Rowe agrees to furnish a certificate of insurance, naming
the City as additional insured, showing that is has a policy
11%(,w"".• "t;, ` 4. 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.
8. Rowe shall keep all vending machines clean and attractive,
in good mechanical condition and clearly labeled with prices and in-
structions for use The name, address and telephone number of the
c
person to be contacted in case of malfunction or other problem
shall be given to the person in charge of each location or shall
otherwise be provided by some method such as by a labeled sticker
4147=t
on each vending machine. City shall furnish Rowe with a list of
names of persons at each location who will be authorized to call
Rowe concerning problems with the machines.
9- AlI electrical devices shall be grounded.
10. Electricity and water will be provided by City. City
will also provide janitorial services.
11. All machines will be of the change-maker type, where
feasible.
12. Rowe shall charge the following prices at all locations
and shall pay City the following commissions on sales at all
locations set out above, to-wit:
Item Price and Commission
candy and snacks 30/.35/.40/.45 10.5°
coffee and hot chocolate 25/.30 105
fresh food and milk 65-1.80 55
cigarettes 1.00 8
fruit juice 30/.35 10%
13. Rowe shall also furnish a micro-wave oven and a change-
maker machine at the Police Station. City shall not be responsible
for maintaining such eeuipment.
14. Monthly duplicate statements of earnings for each vending
machine in each location shall he fur»ished to the Assistant City
Manager. Rowe shall make payments to the Chief Accounting Officer
Page 4 of 6 Pages
Agenda Item No. 5.b.
of the commissions aue the City re,- the previous month on or before
the tenth day of each month, and Alai' provide a breakdown of ccm-
mission payments per vendinu machine according to the rates stated
above.
15.. Any price changes on any or the items listed above du_ing
the term of the contract shall be negotiated with the City.
16. Rowe shall comply with all City codes and ordinances.
Vending machines shall be subject to regular inspection by Health
x v Department inspectors.
17. At City's discretion, new concession locations for machines
may be added to this agreement or existing areas may be deleted with--
j
M out affecting the other provisions of this contract. City reserves
the right to go to another vendor for added services if Rowe fails
or refuses to add desired vending machines within a reasonable time
after they are requested from vendor.
18• Failure to comply with any of these covenants will be
grounds for cancellation of this contract. Rowe 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 24 hours following receipt of such notice, City may declare
this contract null and void. In that event, Rowe will be allowed
an additional twenty-four hours to remove all vending machines from
the premises, after which time Rowe shall be charged a rental fee
of $25.00 per day or part of a day for each day or part thereof that
the vending machines remain on the City's premises. A separate $25.00
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 above set out.
CITY OF WICHITA FALLS
BY:
ti
Dane J. Bennett
Acting City Manager
ATTEST:
City Clerk
Approved as to form:
Page 5 of 6 Pages
Agenda Item No. 5.b.
City Attorney
ROWE VENDING COMPANY
d
r-' 1f BY.