HomeMy WebLinkAboutResolution - 4499 - Vending Agreement - Pepsi - Concession Services, Swimming Pools - 05_26_1994Resolution No. 4499
May 26, 1994
Item #11A
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Vending Agreement and all related documents
by and between the City of Lubbock and Pepsi Cola Company of Lubbock to furnish concession
services at the City of Lubbock swimming pools, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 26th c'
ATTEST:
etty A Johnson, City Secretary
APPROVED AS TO CONTENT:
j �'Tv' �� A
Victor an, rchasing Manager
APPROVED AS TO FORM:
Attorney
DGV.js/K-PEPSI.RES
ccdocs/May 18, 1994
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
VENDING AGREEMENT FOR
CM OF LUBBOCK SWITMAING POOLS
This agreement made and entered into this 26TH day of MAY , by and
between PEPSI COLA COMPANY , hereinafter referred to as "Vendor" and the City of
Lubbock, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City";
WITNESSETH:
That City desires to grant its vending machine rights for the sale of refreshments at
Rodgers, Woods and Simmons swimming pools, said pools being situated in the City of Lubbock,
Texas.
That Vendor desires to be Grantee of such vending machine rights.
NOW THEREFORE, City and Vendor hereby agree that City shall grant to Vendor the
vending machine rights for the sale of refreshments at Rodgers, Woods and Simmons pools
subject to the following terms and conditions:
I.
Consideration
A. Concessionaire shall pay to City, as consideration, 4 5.3 percent of its net sales
from such vending operation for each month of swimming pool operation during
the agreement terms. Payment is due and payable to the City of Lubbock at the
City of Lubbock at the office of the Director of the Parks and Recreation
Department on the loth or each month immediately following any month the
swimming pools are in operation. Such payments shall be accompanied by sales
report for the preceding month.
Agreement Term. This Agreement shall be for one (1) year from the date of execution of the
Agreement. However if it may be renewed by mutual agreement of the parties expressed in
writing for up to three (3) additional one (1) year terms.
Conditions. Rodgers, Woods and Simmons Pools:
1. The City of Lubbock Parks and Recreation Department reserves the right to
control the items sold and approve any price changes.
2. The Parks and Recreation Department will provide electricity for the vending
machines.
3. Any improvement, additions, or alterations require prior written approval by the
City of Lubbock and becomes the property or the City of Lubbock upon
installation.
4. The following services are expected of the Vendor:
A. The vendor is responsible for the delivery and pick up of all machines at the
pools. (Delivery is expected on week prior to pool openings and pick up is
expected one week after the conclusion of the season).
B. The vendor is responsible for the re -stocking of each machine in a timely
manner and also upon request.
C. Machines are the responsibility of the vendor for security and vandalism.
5. The sale of gum, any tobacco items, or any glass container items is prohibited.
6. Permissible vending items include: various chips, cookies, candy bars, hard candy,
pastries, and soft drinks
7. Non -permitted vending items include: gum or candy w/gum, sunflower seeds,
condoms, and tobacco products.
V.
General:
Vendor binds and obligates itself to indemnify and forever hold harmless City
against each and every claim, demand or cause of action that may be made, or
come against City by any person or persons by reason of Vendor's activities on the
pool premises, or any contractual obligation of Vendor.
2. The Vending Agreement is not transferable.
3. The City of Lubbock reserves the right to approve the type of items for sale.
4. The Vendor must at all times keep its machines well stocked and in excellent
working condition.
5. The City reserves the right to terminate this Agreement if Vendor fails to fulfill its
obligations under any one of the conditions herein stated.
6. Any notice to begin in regard to any term or obligation hereunder shall be deemed
to have been properly delivered if mailed by certified mail, return receipt requested
to City, Attention of Director of Parks and Recreation, P.O. Box 2000, Lubbock,
Texas 79457; and to
PEPSI COLA COMPANY , Vendor.
Witness our signatures this 2 6 T H day of MAY , 1994.
ATTEST:
CONCESSIONAIRE:
PEPSI COLA COMPANY
IS I
TITLE:
ATTEST:
Betty M. Johnsok Secretary
City Secretary
APPROVED AS 10 CONTENT:
Culture & Leisure
APPROVED AS TO FORM:
Donald G. Vandiver, .
First Assistant City Attorney
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