Res 036-82 2/16/1982RESOLUTION NO. J_f2
RESOLUTION ACCEPTING THE BID OF ROWE VENDING
COMPANY FOR FURNISHING VENDING MACHINE OPERATION
SERVICES AT CERTAIN CITY FACILITIES APPROVING
THE ATTACHED CONTRACT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME .
WHEREAS, heretofore the City of Wichita Falls advertised
for bids for a contract for furnishing vending machine opera-
tion services at various city facilities ; and,
WHEREAS , three bids were received, and it is found that
the bid of Rowe Vending Company is the best bid for the
furnishing of vending services at certain city facilities ,
to-wit , the Police Headquarters Building, the Central Garage
Building, the Bus Barn Building, the Health Unit Building,
the Sanitation Department Building, the Street Department
Building, the Park Maintenance Barn , Martin Luther King
Center, Water and Sewer Headquarters and Parks Maintenance
Shops at Kiwanis , Southern Hills and Williams Parks ; and,
WHEREAS, three bids were received, and it is found that
the bid of Rowe Vending Company is the best bid for the
furnishing of certain vending services , including candy ,
snacks , coffee , hot chocolate , fresh food, fruit juice , milk
and cigarettes from coin-operated vending machines at those
locations designated above .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS , TEXAS , THAT :
The bid of Rowe Vending Company is hereby accepted, the
attached contract is hereby approved, and the City Manager is
authorized to execute the attached contract with Rowe Vending
Company for the furnishing of certain vending machine operation
services at the aforementioned locations .
PASSED AND APPROVED THIS THE/U' `cday of February , 1982 .
r A Y 0 R
ATTEST:
City Clerk
1
r
STATE OF TEXAS ' X
COUNTY OF WICHITA X
This agreement made and entered into this the day
of February, 1982 , by and between the City of Wichita Falls ,
Texas, a municipal corporation, hereinafter called City, and
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 :
1. Rowe 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
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, Southern Hills
Park, and Williams Park. This contract shall be for a one year
period, from March 1 , 1982 to February 28 , 1983 , 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. Vending machines shall be maintained and serviced 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 vending machines. City assumes no respon-
sibility nor liability for damage to the vending machines , or theft.
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5. 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.
6. Rowe agrees to furnish a certificate of insurance, naming
the City as additional insured, showing that is 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.
7 . 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
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
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.
8. All electrical devices shall be grounded.
9. Electricity and water will be provided by City. City
will also provide janitorial services.
10. All machines will be of the change-maker type, where
feasible.
11. 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/. 30 100
fresh food and milk 65-1. 80 5%
cigarettes 85 8%
fruit juice 30/. 35 100
12 . 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 equipment.
13. Monthly duplicate statements of earnings for each vending
machine in each location shall be furnished to the Assistant City
Manager. Rowe shall make payments to the Chief Accounting Officer
of the commissions due the City for the previous month on or before ,
the tenth day of each month, and shall provide a breakdown of com-
mission payments per vending machine according to the rates stated
above.
14. Any price changes on any of the items listed above during
the term of the contract shall be negotiated with the City.
15. Rowe shall comply with all City codes and ordinances.
Vending machines shall be subject to regular inspection by Health
Department inspectors.
16 . At City' s discretion , new concession locations for machines
may be added to this agreement or existing areas may be deleted with-
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.
17 . 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:
Stuart A. Bach, City Manager
ATTEST :
City Clerk
Approved as to form:
Assistant City Attorney
ROWE VENDING COMPANY
BY:
Jessie Rowe , Owner