2005/08/03 Council Agenda Packet

working days of the service call. Replacement Vending Machines will be of a type and condition at least equal to the machines that are replaced. Vending Machine Operator will keep its Vending Machines neat and sanitary. Vending Machine Operator will clean all spills that occur while filling, cleaning, or maintaining its machines, clean the front and top of each Vending Machine each time Vending Machine Operator restocks or services it, and remove packaging and waste from Everett Station after each service call. Vending Machine Operator shall cooperate with City to promptly remedy any sanitary problems related to Vending Machine Operator's machines. The City shall not be responsible in any way for any damage or loss to Vending Machine Operator's property, including Vending Machines, due to vandalism, theft, fire, casualty, natural disaster, crime, acts of terrorism, riot, or civil disorder. 2.8 Restocking Vending Machines Vending Machine Operator will inspect and restock its machines at least twice each week when Everett Station is open to the public, unless City directs otherwise. Vending Machine Operator shall offer for sale only those Products that City has approved as to brand and size. Vending Machine Operator will not alter the range of Products, brands, or sizes it offers for sale in Vending Machines without written permission from City, which shall not be unreasonably withheld. In the event that the parties agree that reduced service and modified merchandise selections are appropriate during holidays or building shutdowns, then any such mutual agreement shall be reduced to writing, signed by both parties, and designated as an amendment to this Agreement. Vending Machine Operator may not maintain, store or keep any Products outside of the Vending Machines or on the Premises. 2.9 Operating Notices Vending Machine Operator will affix to each vending machine a prominent notice containing instructions on how to (1) operate the machine, (2) report malfunctions, (3) comment on product quality, and (4) request refunds. Vending Machine Operator will affix a visible Unit Number to easily identify each machine for accounting and servicing requirements. 2.10 Refunds Vending Machine Operator will provide to City a cash fund in the amount of Twenty Dollars ($20.00), which shall be used by City for making refund payments. Vending Machine Operator shall replenish this fund on a regular basis to maintain it at the Twenty Dollar level or more frequently if notified by the City that the fund has been reduced to Ten Dollars ($10.00) or less. The City shall use the fund to pay refunds promptly as they are requested. Vending Machine Operator will supply a written form, mutually agreeable to both parties, that can be used as a voucher for submitting refund claims. The form will include space for claimants to identify (1) the type of machine (i.e., Product), (2) the amount of the loss, (3) a description of how the loss occurred, (4) the date of the loss, and (5)the claimant's signature. Vending Machine Operator shall absorb all money shortages that may develop due to theft, burglary, inoperable Vending Machines, or other cause. Page 3