2005/08/03 Council Agenda Packet

2 Beverages and royalty rates thereon shall be negotiated between the Vending Machine Operator and the City. 2.3 Vending Machines Vending Machines must be new or like-new models, must accept United States coins and bills and make change,must be of a size and type acceptable to City, must be Energy Star labeled by the U.S. Department of Energy, must draw no more than thirteen amps of electrical power upon startup, and must sense whether the Product was dispensed and refund payment if the Product is not dispensed. Vending Machines should be easy to use by consumers and have good Product visibility. 2.4 Products Vended Vending Machine Operator shall vend only those Products approved by the City and listed in Exhibit A. Exhibit A may be amended by written agreement of the parties. Products shall generally be national brands. Vending Machine Operator will maintain fresh Products in its Vending Machines and will ensure that all Products vended shall conform in all respects to local, state, and federal laws and regulations relating to the standards of food and drink and shall be suitable for human consumption in all respects. Vending Machine Operator will identify its packaged perishable items by means of coded markings and will deliver to City in writing, from time-to-time as they may be revised, the most current explanatory "keys" required to read Vending Machine Operator's coding system for perishables. 2.5 Prices for Products Vending Machine Operator will not increase the prices charged for Products sold in its Vending Machines at Everett Station above the sales prices for the corresponding Products specified for each year during the Term, as set forth in Exhibit D. City and Vending Machine Operator may, by mutual written agreement, adjust the sales prices for any Product or Products sold from the Vending Machines. 2.6 On-Call Service Vending Machine Operator will provide on-call maintenance and repair service for its machines 24-hours a day, seven days a week. Vending Machine Operator will make available to City a toll-free telephone number for service calls, and will respond on-site to calls within four hours between 7:30 AM and 5:30 PM, Monday through Friday, and within 24 hours during weekends. Vending Machine Operator's representatives may enter Everett Station at reasonable times to install, repair, supply, and remove its Vending Machines. 2.7 Maintenance of Vending Machines Vending Machine Operator shall service all its Vending Machines and related equipment as often as is necessary to keep the machines and equipment properly supplied and in good working order. Vending Machine Operator will maintain a program of regular preventive maintenance and replacement of worn, damaged, or malfunctioning machines. City may require Vending Machine Operator to replace Vending Machines that cannot be returned to service within four Page 2