2019/03/18 Advantage Vending Services Vending Service Agreement (3)-Advantage Vending Services
3 1805 Temecula Parkway #366 Temec\la, CA 92592 9511302-8728
Vending Service Agreement
This is an agrcement for lhe inslrllation and operation ofcertain vending equipment by Advantage Vending Services, (hercafter known as AVS), within the premises
owned, operated or le{sed by Menifce City Hall, locared at 29E 14 Haun Rd Menifee CA 925t6. or any localion the client may move or relocate to duing the term,
hercafter reffi€d to as the Client.
l. AVS €rels to install, at the above premises,lhe following equipment: I Snack Ser #
I Beverage Ser #
and to service the sarne. under normal conditions, by keeping then adequately supplied with merchandise. in good repair and cloan condition for the use ofthe Client's
cmployecs and palrons. Decisions to change lhe equipment (more/less/diffcrent) may be made by AVS as it deems appropriate in the best interesl of both panies.
2. Prices and items shall be determined by AVS with the undeBtanding that morchandise shall be liesh. wholesome and ofhigh qua.lity, and the prices chargcd shall be
comparable to similar merchandise in local places ofbusiness.
3. AVS lirthcr agrecs to carry, at its expense, complete comprchensive insurance covering liability for damage(s) arising out of lhe installation and operation of its
vending equipment. AVS agregs to carry WorkeG Comp€nsation ard Vehicle Liability lnsurance. See exhibit A.
4. AVS agrees to indemniry, defend and hold the cli€nt harmless against all claims, loss or liability 6rising fiom damage to or destruction of propcrty or injury to
person(s) occurring due to negligence o. culpable op€ration, maintmance or installation ot the vending service €quipment.
5- ln considemtion oflhe abovc undertaking by AVS, lh€ client agrees 10 grant AVS p€Isonnel within the clienls premises and on its property oulside such premises the
exclusive pdvilege ofselling the kinds and twes of mcrchardise sold from the vending equipment as it pertains to vending machines specifically, and to take
appropriate action against any unauthorizld third party who seeks to invade such cxclusive pdvileges.
6- The length of this agreement shdl be for twelve (12) months from the dale of thc agrecmcnt execution and shall a(omatically rcnew itself for similar periods, for up
to three (3) automatic renc*als unless the Client gives written notice by registercd mail of its intention to terminate this agr€€ment aI least sixg (60) days before the
expiration oflhis agreement or automatic rcncwal thereol lfat any time during this ageemenl or automalic renewal thereof, the Cli€nt should determine that AVS
service is unsaisfaclory. the Client shall advise AVS by rcgistercd mail and AVS agrees to corect such sp€cific msatisfactory condition(s) l}irrir rr ree (3) busirress
dryr If AVS should fail to do so wilhin lhe prcscribed I (l) days, lhis agreement may be automatically terminated by wriften noticc by registercd rnail and AVS shall
have the immgdiale obligation to remove the vending equipment.
7. Client rcscrves the right at an)lime during the agreement or automalic rencwal. 1o request additional, upgraded or replac€ment equipmenl that is mutually aBreeable
with AvS.
8. AVS agrees to pay ssles t8x by reason of its sale within the client's premises.
9. AVS will install Credit Card Read€rs on Machines No personal information is senl to machines and crcdit card numb€rs are managed by a PCI oompliant processor
AVS never sees or stofe credit catd numbets on our servers.
10. AVS agrees to pay the Client a 59/o commission, paid qusrterly. All commissions based on gross sales minus sales tax.
If any lcgal sction or olher procs€ding is brought to enforce the provisions ofthis sgre€ment. the prcvailing pany in such legal action or olher proceeding shatl be
entitled to recover reasonablc attomey fees ard other costs incurred in such lcgal action or other proceedirg. in addition to any other relie{ to which the prevailinB party
may be ontitled. Recoverablc fees sharl bc capped at rhe City's general couns€l mte ltnes the numbcr ofrcasonable hours.
This agrcemenl conlrins the entire agreement between the panies and shall be binding betwecn the parti€s thereto, r€spective successors, cxecutofs. administmtors and
assigns.
Any clause in this agreement deemed illcgal or unenforceable shall havc no cffecl ofthe .emaindcr oflhis agreement.
In Witness thercof, lhe panies lo this agreemen( have affixed lhet signatures th is ?'t day of March. 201 9
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AulloriT.d Reprcscntative
ARMANDO G. VILLA
CITY MANAGER
CITYOF MENIFEE
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