Loading...
HomeMy WebLinkAboutDennis Jefcoat - dba John-D Vending and Investment - 1980-07-09s applicable health laws relating to operation of the MACHINES. Such maintenance'�shall include a minimum of one (1) inspection per'week of each MACHINE. (c) VENDING shall stock the MACHINES only with top quality items acceptable to CITY;' and shall'offer those items for sale at the average selling price for those items in the local. vending machine trade.. 2. EMERGENCY REPAIRS. Emergency repair service shall be provided by VENDING on a twenty-four (24) hour notice basis, Monday through Friday. 3. COMPENSATION. VENDING shall pay to CITY the sum of two hundred and fifty dollars ($250) per month as a location and machine rental fee. 4. PAYMENT. VENDING shall pay to CITY, all sums due, on the fifth day of each month beginning 1981. 5. INDEMNIFICATION,_ DEFENSE, HOLD HARMLESS. VENDING hereby agrees to defend, indemnify and bold harmless CITY, its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with VENDING'S performance of this agreement, except ,there such liability, damages, costs, losses, claims or expenses are caused solely by the negligent or wrongful acts of CITY or any of its agents or employees. 6. INSURANCE. VENDING agrees to furnish to CITY and maintain in force 2. for the term of this agreement a general liability'insurance policy in 'which CITY is named as an additional insured. The policy. shall provide for not less than three -hundred thousand dollars ($300,000)'of insurance against bodily injury or property damage. per occurrence. Such insurance shall specifically provide that any other insurance carried by CITY which may be applicable shall be deemed excess and VENDING'S insurance primary, despite any conflicting provisions in VENDING'S policy to .the contrary. 7. TERM. The term of this 'agreement shall be one (1) year commenc- ing on the date first above written. Either party hereto may terminate this agreement upon thirty (30) days' prior written -notice to the other. 8. INDEPENDE;NT CONTRACTOR. It is further understood and agreed that VENDING is, and shall be, acting at all times as an independent contractor herein and not as an employee of CITY. VENDING shall secure at its expense, and be responsible for, any and all payment of income tax, ` social security, state 'disability insurance compensation,_unemploy- ment compensation and other payroll. deductions for VENDING and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. 9. SUBCONTRACTORS. This agreement is a personal service contract, and the work hereunder shall not be delegated to any person or entity without the consent of CITY. 3. 10. NOTICES. ,All notices required pursuant to this.agr::ement shall be made by depositing same in the United States Postal Service, first class'postage prepaid, and addressed as follows: CITY: City Clerk. 'City of - Huntington Beach Post Office.Box 190 Huntington Beach, CA 92648 VENDING: John-D Vending and Investment 2642 Falcon Circle Corona, CA 91720 11. ENTIRETY. This agreement contains the entire agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agree - ment to be executed by and through their authorized officers the day, month and yeari first above written. ATTEST: City Clerk 4. CITY OF HUNTINGTON BEACH a municipal corpor tion Mayor APPROVED AS TO FORM: City Attorney Gam. CVIM: ps 5/22/80 THIS AGREEMENT is made and entered into this day of 19803 by and between the CITY OF HUNTINGTON BEACH, a I unic pal ` corporation of the State of California, hereinafter referred to as "CITY" , and . DENNTS JEFCOAT, doing business as JOHN-D VENDING AND'INVESTMENT, hereinafter referred tb as "VENDING". RECITALS WHEREAS, CITY is the owner of four (4) certain vending machines, hereinafter "MACHINES". located at the Huntington Beach Central Library and is desirous of having these MACHINES serviced and maintained for the benefit of those visiting the library; and VENDING is desirous of providing said service and mainten- ance services as set forth below; and CITY has .sought bid proposals for the said services and has determined VENDING to be the lowest responsible bidder. A G R E E M E N T NOW) THEREFORE, the parties hereto do covenant and agree as follows: I. SERVICES PROVIDED. (a) VENDING agrees to repair, clean and stock those four (4) MACHINES located in the Huntington Beach Central Library. (b) VENDING agrees to keep an.1 maintain MACHINES to the appropriate factory specifications and to comply with all 1. Applicable health laws relating to `operation of the MACHINES. Such inaihtenance shall include a minimum of one (1) inspection per week of each MACHINE. (c) 'VENDING shall stock the MACHINES only with top quality items acceptable to CITY; and shall 'offer those items for sale 'at: the average. selling price for those items in the local vending machine trade. 2. EMERGENCY REPAIRS. Emergency repair service shall be provided by VENDING on a twenty-four (24) hour notice basis, Monday through Friday. 3. COMPENSATION. VENDING accepts as full compensation for the services provided a percentage of the gross receipts collected from the MACHINES each month in the following amounts: (a) Eighty percent (80%) of the gross receipts for the first two thousand dollars ($25000); (b) Seventy --five percent (75%) of the gross receipts from two thousand one dollars ($2,001) to four thousand dollars ($4,000); (c) Seventy percent (70%) of the gross receipts in excess of four thousand dollars ($4,000). The balance of the monthly gross receipts shall be paid to CITY. 4. ACCOUNTING. A weekly accounting shall be made to CITY, in writing, 2. by VENDING 'evidencing. the. gross ' re`ceipts, collected for the p`re- vious week; and payments on those weekly accountings shall be made 'on the first day of.each successive -.calendar month. 5. " INDEMNIFICATION, DEFENSE, HOLD HARMLESS. VENDING hereby agrees to defend, indemnify ;and hold harmless CITY, its officers, agents and employees, from and against any .and all liability, damages, 'costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with VENDING'S performance of'this agreement, except where such liability, damages, costs, losses, claims or expenses are caused solely by the negligent or wrongful acts of CITY or any of its agents or employees. 6. INSURANCE. VENDING agrees to furnish to CITY and maintain in force for the term of this agreement a general liability insurance policy in which CITY is named as an additional insured. The policy shall provide for not less than three hundred thousand dollars ($300,000) of insurance against bodily injury or property damage per occurrence. Such insurance shall specifically provide that any other insurance carried by CITY which may be applicable shall be deemed excess and VENDING'S insurance primary, despite any conflicting provisions in VENDING'S policy to the contrary. 7. TERM. The term of this agreement shall be one (1) ,year com- mencing on the date first above written. Either party hereto may terminate this agreement upon 3• thirty (30) days' prior -'written notice to the other. 8. INDEPENDENT CONTRACTOR: It is further understood and agreed that VENDING is, and shall be, acting at all times:as an'independent contractor herein and' not as an employee of CITY. VENDING shall secure at its expense, and be responsible for, any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for VENDING and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. 9. SUBCONTRACTORS. This agreement is a personal service contract, and the work hereunder shall not be delegated to any person or entity without the consent of CITY. 10. NOTICES. All notices required pursuant to this agreement shall be made by depositing same in the United States Postal Service, first class postage prepaid, and addressed as follows: CITY: City Clerk City of Huntington Beach Post- Office Box 190 Huntington Beach, CA 92648 VENDING: John--D Vending and Investment 2642 Falcon Circle Corona, CA 91720 11. ENTIRETY. This agreement contains the entire agreement between the parties hereto. 4 IN WITNESS WHEREOF, the parties hereto have caused this 'agree- ment ' to 'be executed by and -through their authorized offi6ers,1 the day, month and year first above written. CITY. OF ; HUNTINGTON .BEACH a municipal corporation - Mayor •r l ATTEST: APPROVED AS 'TO FORM: City Clerk City Attorney ` REVIEWED AND APPROVED: INITIATED AND APPROVE • `,))t47 ty Administrator Di ctor of Library Servicefl DENNIS JEFCOAT, doing business as JOHN-D VENDING AND INVESTMENT B Owne t, 5• NAME AND AEMPISS or. AGENCY Arcal Insqrance Services iI.Inc. COVERAGES _2 '17291 Irviine.'Blyd..-, Sdite,`416 COMPAN trTl(I Y: A Aetna'a Cas al tTd§t'i-nCA 92680 y& Surety Company COMPAW NAML AND AD0T?r5S Of IN'iU!,EV 00, Dennis Jefcoat. DBA: J n 6h �,D. Ven"din§ & Inv'estment. C10011PAlly D 2642 Falcon Circle 11 1 ifj? Corona, CA 91720� I F.T1 0? This is to ccrtilythat ljolicie.ul insumnce listed below have b,3rn 1%wed In 'p.einstired named above and are in fo-real this limp. N,,)lwiltMandir, a rij reclivrement. fermo, C6n_ of any curitract or other document with respect to WHOI tills, certllcafc relay be issued cr may pertain, till! itisurance, alloid.ed by. the ps!icivs dtscribed Cerein is suble':t to all I, ternis.-cyclusions and conditions of such policies. Litnits of Liability in Thousands (60 ff. C01VrANY E I I L F? IV IT OF Its",101AN, I_ Mt ICY I'C;LI1,V lJOINIV4 I xPIRATION DATC. LA(:Il AGGI.? L OCCURRENCE GENERAL LIABILITY S A LXX,,11,l! 11,13, Policy number to follow 3-13-82 EXI'InSlori I.ND (011APST HAMM UNDIFIGPOIJU'l HAMM OPIPAIION'; IIAlArit) it )-!I! Y m)(Irzir p.D '300 S 300 F-1 UPOAD tort.4 r,w)vjt?Tl' D ;j It' IN I. !:JURY AUTOMOBILE LIABILITY 1*4 )WIf W)Wk y Irjiljr;'l A(711 M.CiDPITI El EXCESS 'TiW1 FlUTT'­ E._.] wov f, f- im, cor.!!,r r.­A I iou and EVI'l OY FI!S* LIABILITY W OTHER A Inland Marine 59 IMSP 031675 FCA 3-13-82 $2794 Ot�LMIMOV U1 Coverage applies to all operations RECEIVED MAP ',-Cy-jn.c Cancellation: slinuILI ivi-i of III(-, above d(,'rQjV(I policies bV call"ClIed Waif It lit.'ItIol) datcIIIA11110101. tllt.' I nF*' 1:311). pally will entleavol to nizill, 10 clays written notict? III the I -tilit'x 1� 61f), V aijure to mad ssuchmij)ww tic o'0iig,ttion urliawlityol any kirld lWoll I frrp.! t i A000! 0 ( I oil 11 W! I I City of Huntington Beach Main Library 5.11- 81 ATTN: Risk Manager P. 0. Box 711 Huntington Beach, CA 92648 Aco«c 75 X3023AM 0:6tct . . . . . . . . • . NAMCA.ND ADDRESS OF "AGENCY :'� COMPANIES AFFORDING COVERAGES :'.Arca1 Insurance `Services, Inc. 1.7291.. Irvine B1 Vd. , SUi te.:41. U.... COMPANY Tustin, Cali forni a 92680 ' LETTER Aetna' Casual tk . C01PANY Q /Cd.LiA=GZ.+A.[.1_.� LETTER V 14AME AND, ADORE SnnS OF INSURED COMPANY ohn �"U... Yetidi g. &. INvestment LETTER J ` 2642 Falcon Circle COMPANY Corona, California 91720 LETTER COMP ANY YLETTER s,. This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. o ab I t n ousan s coMPANYPo LETTER TYPE OF INSURANCE POLICY NUMOCR � ICYLimits EXPIRATION DATE EACH AGGREGATE OCCURREKE GENERAL LIABILITY " BODILY INJURY f f COMPREHENSIVE FORM PREMISES —OPERATIONS PROPERTY DAMAGE i f A. ❑ EXPLOSION AND COLLAPSE 59GS374282CCA 3/13/81 HAZARD ❑ UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARU ❑ CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE $ 3009' %3009 ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY ❑ PERSONAL INJURY f AUTOMOBILE LIABILITY BODILY INJURY f (EACH PERSON) 1 (''''� C3 COMPREHENSIVE FOPIA BODILY INJURY f ❑ (EACH ACCIDENT) OW, ❑ FROFERT'r DAMAGE j HIREn ❑ DODRY INJURY AND NOM ON7tID PROPERTY DAMAGE f _ COMBINED E>.,:ESS LIABILITY BODILY INJURY AND ❑ UMUPELLA FORM PROPERTY DAMAGE f f ❑ 0THERTHA1IUMt1RELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY ____ ► f �r�[I�utitr"at1 OTHER DESCRIPTION Or' OPERATIONS/LOCATIONSNEHICLES Coverage Applies to All Operations Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- party will endeavor to mail .f_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER. 7LD AS City of Huntington Beach Mai r ��>i 011 7111 Talbert City Attorn Huntington Beach, Calif. I-,-- ny:/ Mrputy ACORD 25 IEd. 1 T -77) rDApril 25, 1980 •� AUTHORIZED REPRISE] v Attorney tr ..��'�.�)1 r,�� .. .. � •ayS: .- y..�c t^.-rr •' ' r ..G'Y2 , �'. T r+P, � r In considerati of -the �itipulatips , �t G�SuB� ' 3C1C1 �Ure � t �heralwhame of3he;preinlum Ci(ii17 ail Y r �:e "an ty: p y a,';� �harainaftar;stl�r the Stock lnstir- Ha`rtford,';.. ecticut Q6115�rAlStock"In'surance. ompany .. i ,.,... r '. ur rc sr ones =Campany,.indlaated. by„;r]; 1T ie Stan and Fir Insurance,, om an. harein'callsd'th,; Com an , does n• y' sure under'thls y Ha'rtFo'rtl; Connecticut' O6115, A Stock- IrisUrance Company 's SCHEDULED,,PROPERV FLOATER--: ,r r ALL RISKS FORM 1: _=NAMED' * JOHN 0. V6 NG & INVESTMENT INSURED TERM POLICY NUMBER ADDREs"s � DENN I S , JETCOAT DBA: 1A2 . N.<< , 2642: FALCON-CIRCLE,MONTHS9 IMSP 031675 MCA ' CORONAS CA 91720, 2: - Policy Period: From — .1,�.. o .To: .�1;3— M0.. -DAY -YEAR M0. DAY YEAR both days at' :61 a.m.�standard:time at the address of e =.(Show Number and Street or RFD, Clty, County,.State and Zlp Code) the Insured as h er i � n slat d. , AMOUNT.. ;.:.. 'RATE PREMIUM t^2 2 . ,65 2 PROPERTY COVERED PERILS INSURED THIS POLICY INSURES AGAINST: 4. All Risks of direct physical loss of or damage to the property insured from any external cause. EXCLUSIONS THIS POLICY DOES NOT INSURE AGAINST: 5. (a) Wear and tear, gradual deterioration, insect, vermin or inherent vice; (b) Infidelity of Insured's employees or persons to whom the insured property is entrusted; (c) loss if, at the time of loss or damage, there is any other valid and collectible insurance which would attach if this insurance had not been effected except that this insurance shalt apply only as excess and in no event ascontributing Insurance, and then only after all such other irsurancehas been exhausted; (d) Mysterious disappearance or shortage disclosed by taking Inventory; (e) Structural cr mechanical or electrical breakdown or failure; (f) Breakage; marring, scratching, chipping or denting unless caused by fire, lightning, windstorm, theft or attempt thereat, or collision or overturn of transporting conveyances; (g) Loss or damage caused by short circuit or other electrical disturbance ofanykind(exclusiveoflightning)Withinanye'lectricallyequippedunitunlessfire ensues and then for loss or damage by fire only. CONDITIONS 6. This insurance covers only within and between the forty-eight Contiguous States of the United States of America, the District of Columbia and the Dominion of Canada. 7. Coinsurance. The Company shall be liable in the event of loss for no greater proportion thereof than the amount hereby insured bears to the actual cash value of the property insured hereunder at the time such loss shall happen. If this policy tovers two or more items or classes of property this condition shall apply to . each Item or class separately. Countersigned by (Authors d Representative) Part I -- This Declarations Page, with Policy Provisions Part 2 completes the above numbered Scheduled Property floater Policy. Page 1 of Part 1 CAT. 474401 ,(42882-D)6-78 PRINTED IN U.S.A. J .� f arr:,�n„so's4wk� ;t, yr':ri � -M:i("(•; • "SCHEDU - PROPERTY: FLOATER POLICY POLICY NUMBER 59 IMP a 3167 5 FCA uM a CASUALTY This 'Part 2, together with Part 1, the Declarations Page, Completes the Marine Scheduled Property Policy. BASIC POLICY PROVISIONS This pollcy'does not insure against losIs'or damage caused by or resulting from: (1) Hostile or warlike action in time of peace or war, including• action in Hindering, combating or defending against an actual, impending or expected at- tack, (a).by any government or sovereign power (de jure or de factot, or by any authority maintaining or using military, naval or air forces; or,(b) by military, 'naval or air forces; or (c) by an agent of any such government, power, authority or forces (2) an}. weapon of war employing atomic , fission or ,radioactive force, whether in time of :peace or war; (3) insurrecti-•n, rebellion, revolution, civil war, usurped,power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. This Company shill not be liable for loss by nuclear_re- action or nuclear. -radiation 'or, radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against in this policy; however, sub- �ect to the foregoing and all provisions of this policy, direct oss by fire resulti► g.from nuclear reaction or nuclear radia- tion or radioactive contamination is insured against by this policy. This entire policy shall be void if, whether before or after a loss, the Insured has concealed or misrepresented any material fact or circumstance concerning this insur- ance or the subject thereof, or the interes: of the Insurel therein, or in case of any fraud or false :uvearing by the Insured relating thereto. The Insured shall as soon as practicable report in writing to the, Company or its agent every loss, damage or occur- rence which may give rise to a claim under this policy and shall also file with the Company or its agent within ninety (90) days from date of discovery of such loss, damage or occurrence, a detailed sworn proof of loss. The Insured, as often as may be reasonably required. shall exhibit to any person designated by the Company all that remains of any property herein described, and shall submit, and in so far as is within his or their power cause his or their employees, members of the household and other:: to submit to examinations under oath by any person nained by the Company and subscribe the same; and, as often as may be reasonably required, shall produce for ex- aminaticn all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost, at such reasonable time and place as may be desig- natei by tile Company or its representative, and shall per- mit extracts and copies thereof to be made. No such examination under oath or examination of books or docu- ments, nor any other act of the Company or any of its em- ployees or representatives in connection with the investi- gation of any loss or claim hereunder, shall be deemed a waiver of any defense which the Company might otherwise have with respect to any loss or claim, but all such ex- aminations and acts shall be deemed to have been made or done without prejudice to the Company's liability. 'The Company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual cash value with proper deduction ter depreciation, However caused, and shall in no event r.-d what it would then cost to repair or replace the sL ith material of like kind and quality. ' d claims shall be paid or made good to the Ir. n sixty (60) days after presentation and ac- ceptancc itisfactory proof of interest and loss at the office of the "npany. No loss shall be paid or made good if the Insured has rrilected the same from others. This insurance star to no wise inure directly or indirectly to the benefit of any carrier or other h;lilee. If in the event 'of loss or damage;the'Inrured shall ac- quire any right of action against any �;Individual, . firm or corporation for.loss-of, or damage to property coveied here- under, the Insured will, if requested by the Comppany, assign and transfer such claim or right of action to tlhe Company or, at ; the Company's. option, execute and deliver to the Company the customary form of loan receipt upon rece;ving an advance, of funds in'respect.of the loss.or damage; and will subrogate the Company to, orwill hold in trust for the Company, : all such rights of action. to the extent of . the amount paid or advanced, and wil! permit suit to be braught in'the Insured's name under the' direction of and at the expense of the Company.. Tfie amount of insurance and, the applicable limit of liability, upon the occurrence of any loss covered hereunder, is reduced by the amount of such loss. In the event of loss of or damage to any article or articles which are a part of ? pair or set, the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the total value of the pair or set, giving consideration to -the importance of said article or articles, but in no event shall such loss or damage be construed to mean total loss of the pair or set. In the event of loss of or damage to any part of property covered consistine when complete for use, of several parts, the Company shall only be liable for the value of the part lost or damaged. In case of loss, it shall be lawful and necessary for the Insured, his cry their factors, servants and assigns, to sue, labor and trrE-I for, in and about the defense, safeguard and recovery 0.the property insured hereunder, or any part thereof, without prejudice to this insurance, nor shall the acts of the Insu-ed or the Company, in recovering, saving and preserving th-- property insured in case of loss be con- sidered a waiver or an acceptance of abandonment. The expenses so incurred shall be borne by the Insured and the Company proportionately to the extent of their respec- tive interests. No suit, action or proceeding for the recovery of any claim under this policy shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months nest aftei discovery by the Insured of the occurrence which gives rise to the claim. Provided, however, that if by the laws of the State within which this policy is issued such limitation is invalid, then any such claims shall be void unle3s such action, suit or proceeding be com- menced within the shortest limit of time permitted by the laws of such State. If the Insured and the Company fail to agree as to the amount cf loss, each shall, on the written demand of either, made within sixty days after receipt of proof of loss bythe Company, select a competent and disinterested appraiser, and the appraisal shall he made.at a reasonable time and place. The appraisers shall first select a competent and dis- interested umpire, and failing for fifteen days to agree upon such vampire, then, on the request of the Insured or the Company, such umpire shall be selected by a judge of a court of record in the State in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit their dif- ferences to the umpire. An aNard in writing of any two shall determine the amount of loss. The Insured and the Com• pany shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Company shall not be held to have waived any of its rights by any act relating to appraisal. This policy may be cancelled by the Insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Co,npany written notice stati ig when thereafter such cancellation shall be effective. This policy •(42840-A) 10-71 Printed In U.S.A.