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Home My WebLink About2011-10-28 - North West Healthy Vending - General Agreements / General Service Agreements7CT-28-2011 11:28A FROM:CAPUSAN BROS IMPORTS 4257786515 TO:8846233 P.2/3 VENDING MACHINE CONTRACT NUMBER: B213-0028 To provide snack/beverage vending For the following Identified Location(s): EAST WENATCHEE CITY HALL 2719TH STREET NE EAST WENATCHEE, WA 98802 Between the: North West Healthy Vending 16238 River Road Leavenworth, WA 98826-9221 Tax identification Number: 603-143411 Contact: Naini (Leslie) Capusan Building # 1072 Vendor #: 383 Phone: 509-763-3568 And the: Department of Services for the Blind PO Box 40933 Olympia, Washington 98604 — 0933 Phone: (360) 725-3846 Fax: (360) 407-0679 Email: nainib@hotmail.com This contract, pursuant to the provisions of RCW 74.18.220 and RCW 74.18,230, is made and entered into by and between "North West Healthy Vending" hereinafter referred to as the "Company" and the 'Department of Services for the Blind", hereinafter referred to as the "Department'. The purpose of this contract is to establish the method of payment of commission(s) owed to the Department for the placement of vending machines in public buildings In accordance with Washington Administrative Code 67-35- 160. it is, therefore, mutually agreed that; The Company will provide the following vending machine services for the above state building(s): • The vending machines installed must be UL and NSF approved, be modem in design, and meet industry standards. Adequate care must be provided at each installation to ensure the machines are attractively and uniformly arranged and that no damage to walls or floors occurs during the set up or when servicing. Vendor will pay for any damage(s) that does occur throughout the life of the contract. • Vendor shall not make any price increases without authorization and written consent from DSB. • Vendor will provide high quality, name brand merchandise only, that are within their "Best by Date;" no low - end, off -brand products. • Machines must be filled in accordance with the demand of customer usage so that no more than 20% of the slots are empty at any one time. • Vendor will respond to customer, building management, and DSB calls of equipment problems, deficient merchandize stock levels, and lost monies within one (1) working day. Equipment will be repaired and/or replenished of stock within two (2) working days. If Vendor fails to meet or exceed the customer service expectations as specified in this vending agreement, DSB will notify the vendor of their performance deficiencies. If the deficiencies are not corrected within ten (10) working days, DSB may terminate this contract by providing vendor with a written notice. Washington State Department of SERVICES FOR THE ND OCT-28-2011 11:2eR FROM:CAPUSAN BROS IMPORTS 4257786515 TO:8846233 P.3/3 Page 2 8213-0028 Commission rate of: LQ% of gross sales after taxes. The commission amount is based on the commission rate/percentage of gross sales after only state sales tax is removed. No other added expenses can be subtracted from the commission. Vendor can not use other vending Industry toots such as R-factor in determining commission. Commission checks must be made payable to Business Enterprise Revolving Fund (BERF). IMPORTANT: Commission Reporting Requirements Payments are to be sent to the Department at the address listed on page one uarte I . All payments are to be accompanied by a statement with the following information: • Indicate the month and year for which the commissions are being paid. • Indicate the amount of gross sales, sales tax, commission rate and commission paid at each 'Identified Location" with building number found as indicated on the first page of this contract. The Department tracks revenue by building number. To ensure your payment is credited properly you must include your vendor identification number and the name and number of the building as entered on this contract The Department agrees to supply the Company with the Department stickers and the Company agrees to place A Department numbered sticker on each vending machine. The Company must place a sticker on each vending machine identifying the Company name and phone number to call for service and repairs_ The Company shall maintain books, records, documents and other evidence and accounting procedures and Practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the Performance of this contract. These records shall be subject at all reasonable times for inspection, review, Or audit by Department personnel and other personnel duly authorized: by the Department, the Office of the State Auditor, and federal officials so authorized by law during this period. The Company shall supply the Department with an up to date Business Insurance policy on a yearly basis. The Business Insurance must cover personal injury and/or property damage caused by the machines at the locations listed on page one and provides $1,000,000 per occurrence. DSB needs to be listed as an insured and the vendor shall indemnify and hold DSB harmless for losses caused by the machines. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees, agents and/or Authorized subcontractor(s) while performing this contract. The Company is required to comply with all State and Federal Laws. The time period of this contract is for 24 months beginning 11/1/2011 and ending 10 31120 . Contract extensions may be granted for an additional 36 months, in 12-month increments. Vending sites on this contract cannot be transferred, traded, sold or discontinued by the Company without notifying the Department at (360) 725-3845. Either party may terminate this contract for any reason with a 30 day written notice. If this contract is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this contract for performance rendered prior to the effective date of termination. The Department may immediately terminate this contract at any time if; the Company does not meet the terms of the contract, comply with the state audit, provide good service to the customers and the buildings, fails to pay a commission, fails to meet the expectations of the agency for commissions, or pays a commission that varies greatly from those commissions historically paid. In witness whereof, parties have executed this contract. North West Healthy Vending Signature Printed Name: State of Washington Department of Services for the Blind Signature Printed Name: Jeanne Gallo, BEP Mgr Date: The Departr ient of Services for the Blind Is an Equal Opportunity Employer. The department does not discriminate against people rega dless of, race, creed, color, national origin, sex, marital status, sexual orientation, age, religion, or In the presence of any sensory,o mental or physical disability, or status as a disabled or Vietnam Era veteran. Approved 4 to form by the Assistant Attorney General Location Agreement Date • The parties to this Agreement are: City of East Wenatchee Courthouse And Capusan Investment Group LLC 16238 River Road Leavenworth, WA 98826 Terms and Conditions: • Location herby agrees to allow placement of a Healthier 4 U Snack and Drink Machine on the business premises. • It is mutually agreed that the machine shall remain at the said location as long as it is satisfactory to both parties. • This Agreement may be terminated by either party at any time, upon reasonable notice (30 days). • The location is not to be held responsible for any losses due to fire, theft, vandalism etc. • Service representative agrees to service the machine on a regular basis, and to provide all maintenance and repairs needed. • Service Representative agrees to donate 10% of locations choice. i Locations Signature ' Location Authorized by 11.L s4 W"cC ee, Location Contact Person ULLruL,, rya Capusan Investment Group Signature machine sales from this location to a charity of Cbt�,nGi L uh)111 Contact Eugen Capusan 509.885.2671 for machine related issues or requests. NOlJ-9-2011 10:41R FROM:CAPUSAN BROS IMPORTS 4257786515 TO:8846233 P.2/2 Date Ah lem Zvi- t .2,6 11 • The parties to this Agreement are: City of East Wenatchee Courthouse And Capusan Investment Group LLC 16238 River Road Leavenworth, WA 99826 Terms and Conditions: Location Agreement • Location herby agrees to allow placement of a Healthier 4 U Snack and Drink Machine on the business premises. • It is mutually agreed that the machine shall remain at the said location as long as it is satisfactory to both parti es. • This Agreement maybe terminated by either party at anytime, upon reasonable notice (30 days). • The location is not to be held responsible for any losses due to fire, theft, vandalism etc. • Service representative agrees to service the machine on a regular basis, and to provide all maintenance and repairs needed. • Service Representative a ees to donate 10% ofj machine sales from this location to a charity of locations choice. 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