HomeMy WebLinkAbout952283.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR INSTALLATION AND MAINTENANCE OF VENDING
MACHINES WITH YUMMY TIME VENDING AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Installation and
Maintenance of Vending Machines between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Yummy Time Vending, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Installation and Maintenance of Vending Machines
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Yummy Time Vending be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of November, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
COUNTY, C'LO DO
•_}JAWS
coru+#y Clerk to the Board
BY
Deputy Clerloljb the Board
Ik__< Q Q c
APPROVED AS TO FO
olfnty
Dale K. Hall, Chairman
FXCI ISFD nATF (7F SIfNINC;
Barbara J. Kirkmeyer, Pro-Tem
r.
George E./Baxter
/C
Constance L. Harbert
(AYF
W. Fr. Webster
i
952283
BC0023
AGREEMENT FOR INSTALLATION AND MAINTENANCE OF VENDING MACHINES
THIS AGREEMENT is made and entered into this 3 day of /LCu'c- tifr( L ,
1995, by and between Yummy Time Vending, P.O. Box 58, Windsor, Colorado 80550,
hereinafter referred to as "Yummy", and the County of Weld, State of Colorado, by and through
the Board of County Commissioners of the County of Weld, 915 10th Street, Greeley, Colorado
80631, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County owns and maintains buildings for County administrative offices
located at 1400 and 1402 N. 17th Avenue and 915 10th Street, and County owns and maintains
the Weld County Courthouse, located at 9th Street and 9th Avenue, Greeley, Colorado, and
WHEREAS, Yummy is in the business of installing and maintaining vending machines,
including, but not limited to, small gumball type vending machines, and
WHEREAS, Yummy desires to install and maintain at the above listed buildings small
gumball type vending machines for the purpose of selling nationally recognized and distributed
candies, with 15% of the proceeds from such sales being donated to United Way of Weld
County, and
WHEREAS, County believes such request shall benefit County employees and citizens
who enter such buildings.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to follows:
1. TERM: The term of this Agreement shall be from the date set forth above to and
until one year thereafter, and shall be renewed automatically for successive one
year periods, unless sooner terminated by either party. Either party may terminate
this Agreement for any reason upon 30 days written notice to the other party.
2. YUMMY AGREES:
a. To install small gumball type vending machines, or other similar vending
machines, in buildings owned and maintained by County and located at
1400 and 1402 N. 17th Avenue, 915 10th Street, and the Weld County
Courthouse, located at 9th Street and 9th Avenue in Greeley, Colorado.
Said vending machines shall be installed at locations within said buildings
as designated by County. The installation shall be such that vending
machines are free standing without being bolted to the floor. Said vending
Page 1 of 4 Pages
9522473
machines may be attached with small cables to adjacent walls in order to
prevent tipping or theft of said machines.
b. To continuously maintain said vending machines so that they are in
working order.
c. To continuously stock said vending machines with nationally recognized
and distributed candies for sale to the general public.
d. To pay 15% of the proceeds of the vending machines sales to United Way
of Weld County. Yummy shall provide County with copies of records of
all proceeds from sales from said vending machines and receipts showing
payment of 15% thereof to United Way of Weld County. Said records and
receipts shall be submitted to County at the end of each calendar year.
3. COUNTY AGREES:
a. To allow Yummy to install and maintain said vending machines at
locations within the above stated County buildings as designated by
County.
b. To allow Yummy to keep all proceeds from the sales of the candies from
the vending machines, except for 15% of said proceeds which shall be
donated by Yummy to United Way of Weld County.
c. To keep the areas surrounding the vending machines within said County
buildings free and clear from debris and in a reasonably clean and sanitary
condition.
4. HOLD HARMLESS/INDEMNIFICATION: Yummy agrees to hold County
harmless from any and all damage to said vending machines and/or to the candy
stock enclosed in said machines. Yummy agrees to indemnify and defend the
County from any and all third party actions for injuries and/or damages incurred
and resulting from the purchase candies from said vending machines. Such
injuries and damages may include, but are not limited to, the ingestion of tainted
or spoiled candies, choking upon such candies, or injuries or damages resulting
from tipping of the machines. In lieu of said indemnification, Yummy may
purchase liability insurance, naming Yummy as the primary insured and County
as an additional named insured, in the amount of $150,000 per person and
$600,000 per occurrence. If Yummy obtains such insurance, Yummy shall
provide County with a copy of the Certificate of Insurance showing proof thereof.
5. NON ASSIGNMENT: This Agreement shall not be assignable.
Page 2 of 4 Pages
952283
6. MODIFICATION AND BREACH: This Agreement contains the entire
agreement and understanding between the parties to this Agreement and
supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, novation, renewal, or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties.
No breach of any term, provision, or clause of this Agreement shall be deemed
waived or excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by any party
hereto, or waiver of , a breach by any other party, either expressed or implied,
shall not constitute a consent to, waiver of, or excuse of any other different or
subsequent breach.
7. SEVERABILITY: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
8. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created
of duty of care that did not previously exist with respect to any person not a party
to this Agreement.
WHEREFORE, the parties have hereunto set their hands and seals the date and year first
written above.
YUMM TIME V r# ING
BY:
Stan Sadusky, Owne
SUBSCRIBED AND SWORN to before me this ,te? day of 1(
19C?5
WITNESS my hand and official seal.
spRvvBe
RANEgpmmiss
BECKMAN I
:o
My Comm. Expires Oct. 7,1996
n expires: 7 - ‘:
otary Public
Page 3 of 4 Pages
952283
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Deputy C rk to the Board
TO THE BOARD OF
tYICOMMISSIONERS
Dale K. Hall, Chai an // e 6 /q,C
Page 4 of 4 Pages
952283
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