The URL can be used to link to this page

Home My WebLink About1984-355 .--,-.^--...- II , I I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 84-355" RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH MC GHEE & SONS VENDING RELATING TO THE PLACEMENT OF VENDING MACHINES IN PUBLIC BUILDINGS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a License Agreement with MC GHEE & SONS VENDING relating to the placement of vending machines in public buildings in the City of San Bernardino, California, a copy of which is attached hereto, marked Exhibit "An and incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a adjourned regular meeting thereof, held on the 1 n+-h day of s"'l?tp.mber to wit: , 1984, by the following vote, AYES: Council Members Castaneda, Reilly, Hernandez, Marks, Ouiel. Frazier NAYS: None ABSENT: CouncilcMember Strickler The foregoing resolution is ~PNd/a~ ,/ Cl.ty Clerk 's -' I~ day of Sp.pt-p.mber , 1984. / / / / / / / / 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 II Approved as to form: /2~~l~ City torney -2- ~; ~) , 1 LICENSE AGREEMENT 2 (vending machines - public buildings) 3 and entered into at San day of :;~ ,1984, BERNARDINO, a municipal GE E:,.~ MC ~ & SONS VENDING, a 4 THIS LICENSE AGREEMENT is made Bernardino California, this :<tld 5 by and between the CITY OF SAN 6 corporation, ("Licensor"), and 7 California corporation, ("Licensee"). 8 The parties agree as follows: 9 1. License Granted. Licensor grants to Licensee a revocable license to place vending machines in locations designated by I i Licensor in public buildings owned by Licensor in the City of San i I i , i I i I I I I I 10 11 12 Bernardino, California. Vending machines which may be placed at 13 the designated locations may vend the following types of 14 merchandise: 15 Cold soft drinks 16 Cigarettes 17 Cold food 21 I I I I I commencing on the date set forth above, unless earlier terminated , I pursuant to its terms. Licensor may terminate this agreement at ilany time upon five days' advance written notice to Licensee. At II I' 'lithe termination of this license, Licensee shall forthwith remove jaIl of its property and equipment from Licensor's premises. Ii I I exclusive right to designate the location and placement of 18 Coffee 19 Candy 20 2. This license is granted for a three-year term Term. 22 23 24 25 26 3. Location of Machines. Licensor shall have the sole and 27 28 Licensee's machines. If Licensor determines that Licensee has I I ! 1 I Iplaced an excessive number of machines at any location, Licensee ISha11 remove the excess machines from Licensor's premises forthwith upon demand by Licensor. 4. Operating Responsibilities. (a) Cleanliness. Licensee shall keep its equipment 2 3 4 5 6 locations clean at all times. No fire hazard or public health or 7 safety hazard shall be permitted. 8 5. Licensee Workers' Compensation Insurance and Taxes. 9 I I I!shall maintain in force at all times during the period of this Illicense, workers' compensation insurance satisfactory to Licensor, Ii Iland shall present evidence of such coverage to City's Risk Iranagement Division. Licensee shall also pay all taxes, including lithe City business license tax, for its operation upon the premises II Ifor which this license is granted. ! 6. Insurance. Licensee agrees to procure and maintain in [force during the term of this agreement' and any extension ithereof, at its expense, public liability insurance in companies , , , rnd through brokers approved by Licensor, adequate to protect I I gainst liability for damage claims through public use of or 10 11 12 13 14 15 16 17 18 19 20 inimum amount of $500,000.00 combined single limit. Licensee rising out of accidents occurring in or around the property, in a 21 22 hall provide to Licensor a certificate of insurance and an II I~dditional insured endorsement which includes: I, 23 24 (a) The City of San Bernardino as an additional insured. 25 (b) The insurance company name, policy number, period of 26 overage and the amount of insurance. 27 (c) That the City Clerk of the City of San Bernardino must 28 e given notice in writing at least 30 days prior to cancellation, -2- 1 material change or refusal to renew the policy. 2 (d) That Licensee's insurance will be primary to any 3 coverage the City of San Bernardino may have in effect. 4 7. Pricing. Licensee shall sell its products at prices 5 which are consistent with selling prices of like merchandise 6 throughout the geographical area. Licensee shall notify Licensor 7 of all price changes. 8 8. Personnel - Uniforms. All of Licensee's personnel hired 9 to service the equipment shall be neatly uniformed at all times 10 and shall observe any reasonable rules and regulations of 11 Licensor. 12 9. Licensee to Bear All Losses of Equipment. Licensee shall 13 bear all losses for any damage to equipment or merchandise 14 and all losses of equipment or merchandise from any cause whatso- 15 ever while on the premises of Licensor. 16 10. Utilities. Utilities will be provided by Licensor. 17 11. Hold Harmless. Licensee agrees to, and shall, hold 18 Licensor, its elective and appointive boards, commissions, 19 officers, agents and employees harmless from any liability for 20 damage or claims for damage for personal injury, including death, 21 as well as from claims for property damage which may arise from 22 Licensee's operations under this agreement, whether such 23 ,operations be by Licensee or by anyone or more persons directly 24 or indirectly employed by or acting as agent for Licensee. 25 Licensee agrees to and shall defend City and its elective and I appointive boards, commissions, officers, agents and employees I I from any suits or actions at law or in equity for damages caused, lor alleged to have been caused by reason of any of Licensee's 26 27 28 -3- 1 I: " I' Ii 'i ~ . h d lioperatlons ereun er. I 2 12. Signs. Except for signs which are a part of the 3 equipment, no signs of any kind shall be displayed on premises 4 which are the subject of this license without the prior written 5 approval of the City Administrator of Licensor. 6 13. Compensation to City. Licensee will pay to Licensor, at 7 least quarterly, an amount equal to the following percentage of 8 gross sales: Product % Commission Cold drink 8% Candy 10% Cigarettes 8% Cold food 0% Coffee 10% 9 10 11 12 13 14 15 Upon Licensor's demand, Licensee shall make available for 16 Licensor's inspection its records relating to equipment placed on 17 Licensor's premises, so that Licensor may verify the accuracy of 18 Licensee's computation of payment due to Licensor. 19 14. Notices. All notices herein required shall be in 20 Iwriting and delivered in person or sent by certified mail, postage I !prepaid, addressed as follows: I' Purchasing Agent I City of San Bernardino 300.North "D" Street San Bernardino, CA 92418 21 G-ee "Iv"^- Mc~ & Sons Vending 590-B Appollo Street Brea, CA 92621 22 23 24 25 IN WITNESS WHEREOF, the parties hereto have executed this 26 I ILicense Agreement on the date first hereinabove written. kill IIII ! 27 28 -4- 1 2 3 4 ~J$~~ ct ty Cler 5 6 7 8 I I I I 1 I I I [APproved as to form: /~~ J~ ~._~_? //(.. ~1t~ City A torney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 II 27 II 28 Ii I I -5- CITY OF SAN BERNARDINO ~ fcx- G-fE MC ~ & SONS VENDING By 9R,ea a J Title "l). P j -q(or~;i-~.:.':~J~~;ttfj~:r~rf;ls;,l.:fi:~.~~j~fl~~'f?f~7;r~~'::~.C.~~.;j.;..;~' ~:~:.~~~;::}~~~:~~~''->;(',,; :":r:l-'-~ -~'~i-,;-::;;;r,;~:r<t_~~~#i~;~~.~~~;;~~-~ili'c~.?~. ~~ ~.1.'a:t~LJ/19/84 .. . ..'.:.".f'..:.......j.: ?FtOOUCER I THtS CERTrFICATE IS lSSUED AS A MATTER OF INF~RMATION O~LY AND CONFERS ~'" NO ~IGKTS UPON THE CERTIFIC,.\ fE HOLDER. THIS CERTIfICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEl-OW. _'" Speare & Co. Inc. I "t'l 1545 26th St. I :/:~"~~, G. Sarta Monica CA 90404 t\~~f McGee 590 B Brea, & Sons Vending Apollo CA 92621 I COM?~,""Y B LETTE4 coJ~~;w C j CCM?~)"Y D I~' '0.' I' COl.,4?A.'iY E LETTER Employee Benefits Insurance & Casualt COMPANIES AFFORDING COVERAGE "<k"- CO~,A?/"'''fY A LETTER ~i1~ t~~~: INSURED .. VERAGES,~ '- 'A '';:'L..t.t"'''',l~^t .t)_ .,. .::. ~~c, . ,_ ~':"?t~~ ' .-~1:~%:~~M~;}'~::~j:.....f:ir~~~;"~;'.r::tt"'t~'''i>~.-';'.:t~~-i;. ~ .' ",",.:-.'~ 'f''''~- ~ i" - THIS IS TO CERTIFY THAT POLICIES QFINSURANCE USTED BELOW HAV=. SEE.N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO"iWITHSTANDING ANY REQUIRE1.IENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH AESPECT TO WHICH THIS CERTiFICATE MAY ~ tsSUEO Oq MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUC:ES DtsCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONO" POlJCY NUMBER POlICY EFFECTIVE POliCY EX?lRATION L1ABIUTY LIMITS IN THOUSANDS TYPE OF INSURANCE DATE (MMIOOIYY) DATE (MWOOIVY) EACH OCCURAE AGGREGATE GEHERAL UABlUTY BODILY $ $ A X COMPfl9iENSl'/'t FOOM BPP 0400752. 7/1/84 7/1/85 INJURY X PREMISESIlJI'EAATlOOS _TY $ $ RGROUNO D"""""E EXPlOSlOll & COll.APSE HAZAAIl X PPOOUCTs.toMPlHEo llPERATlOOS "OPO $ 500 $ 500 CONTRACTUAl COMBINED INIJfPENDOO CONTRACTORS BROAD FORM PROPffiIY DAMAGE PfRSOOAL INJURY PERSONAL INJURY $ AUTOMOBILE UA8lLITY ...., $ WJJRY MN AUTO 1PERPB'SlN) ALL OWNED AUTOS (PIW. PASS.) m.' """ $ AlL OWNED AUTOS (OIliER THAll) IPER_ PAIV. PASS. HIRED AUTOS PROPERTY $ NIJN.OWNEDAUTOS DAMAGE rAAAGE lIABIlITY BlIPD. $ COMBINED EXCESS UABlUTY UMBIti.lA FOAM ..0 PO $ COMBINED OTHER THAN UMBREllA FOAM WORKERS' COMPENSATION AND 244429 9/6/84 9/6/85 EMPLOYERS' UABILITY I OTHER DESCRIPTION OF OPERATIONS/LOCATlCNSlVEHlCLESlSPECIAL ITEMS .~~ EVIDENCE OF INSURANCE