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HomeMy WebLinkAboutMINUTES - 05051981 - COB BOX 69 I r TO Date Time -- - -- _ - - - WHILE YOU WERE OUT M of Phone TELEPHONED PLEASECALL CALLEDTOSEEYOU WILLCALLAGAIN WANTS TO SEE YOU RETURNED YOUR CALL � Mess�e In the Board of Supervisors of Contra Costa County, State of California May 5 , 19 $l I In the Matter of Payment from Village Vending Company I The, Auditor-Controller having reported that the owner/operator of Village Vending Company, Earl D. Carnes, with whom the County has contracts for provision of vending machine services to the Sheriff's Work Furlough Center in Richmond and to the County Social Service Department, has passed away; commission payments are due the County for eight quarters; the records needed to calculate the amount due cannot be found; the County Auditor has negotiated a compromise settlement with the attorney for the estate based on the last report submitted plus inflation increases totaling $5,250; The Auditor-Controller having recommended acceptance of the $5,250 settlement figure and the Sheriff-Coroner and County Administrator having concurred; IT IS BY THE BOARD ORDERED that the Auditor-Controller is AUTHORIZED to accept payment in the amount of $5,250.00 from the estate of Earl D. Carnes as payment Iin full of commissions payable under the contracts with Village Vending Company for the period April 1, 1979 through March 31, 1981. The foregoing order was passed by the following vote of the Board: I AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers . NOES: None . ABSENT: None . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c .c . Auditor—Controller (2) Witness my hand and the Seal of the Board of Sheriff—Coroner Supervisors Welfare Director Administrator affixed this 5th day of Mo., 19$L / J. R. OLSSON, Clerk By G. Russell , Deputy Clerk H-24 3/79 15M i Office of Oq COUNTY AUDITOR-CONTROLLER Contra Costa County Martinez, California Contr:" `tet.- L County April 28, 1981 REC E_LVED APR 2 0 1981 TO: M. G. Wingett, unty Administrator O0' c,,e of '� Obnt2 h*- tX A .ainistrator FROM: Donald L. Bouchet, Auditoer SUBJECT: Commission Settlement -- Vending Machine Commission I I The County has two contracts with Village Vending Company for the provision of vending machine services to the Sheriff's Work Furlough Center in Richmond and to Social Service Department. These contracts provide for quarterly payments to the County of a percentage of the gross revenue. Payments for the last eight (8) quarters have not been made to the County. The operator, Mr. Earl D. Carnes, passed away recently and we have been negotiating with the attorney for his estate over the amount due. Apparently the records are non existent. The estate originally proposed paying the County the same amount for each of those quarters as was paid in the last quarter reported. This would have amounted to $4,000. We believed it should be more than that because of inflation and slight increases in population at the Work Furlough Center. The estate has agreed to an escalating quarterly liability totaling $5,250 for the eight quarters. I believe this is an equitable resolution of the situation and I, therefore, recommend that the Board of Supervisors authorize the Auditor-Controller to accept payment in the amount of $5,250 under the contracts with Village Vending Company for the period April 1, 1979 through March 31, 1981. 1 I have discussed this with Tom Young of the Sheriff's Office and Frank Fernandez of your office, both of whom concur. A draft board order is attached. For your information, we would pro rate the $5,250 between the Work Furlough Center contract (the proceeds of which go to the Inmate Welfare Fund) and the Social Service Department contract, based on past pro rata revenues. DLB:mp Enclosure RECEIVED cc: Tom Young, Sheriff's Office Frank Fernandez, Administrator's Office MAY a 1981 J. OLS:,OIJ CLE BO 15 OF SUPERVISORS O COSTA C ZZ In the Board of Supervisors of Contra Costa County, State of California I August 10 119 i In the Matter of Vending Machine Placement Agreement with Village Vending Company I I f On the recommendation of the County Sheriff-Coroner and the County Administrator, IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute a Vending Machine Placement Agreement with Village Vending Company, providing for installation and service of one hot-drink vending machine at the Contra Costa County Work/ Education Furlough Facility, 847 Brookside Drive, Richmond, California effective July 1, 1976. Passed by the Board on August 10, 1976 . I - I j I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig- County Administrator Witness my hand and the Seal of the Board of Supervisors cc: Contractor affixed this ]_0th day of August 19 76 c/o Sheriff J. R. OLSSON, Clerk County Sheriff-Coroner ` > County Auditor-Controller BY-..-:X,--�� ( Deputy Clerk H 24 12/74 - 15-M Ronda Amdahl t I i zXe) VENDING MACHINE PLACEMENT AGREEMENT (Coffee, etc. , Work Furlough Facility) 1. PARTIES & DATE. Effective on JULY 1, 1976 CONTRA COSTA COUNTY, hereinafter called the "County" and the VILLAGE VENDING COMPANY, hereinafter called the "Company", do hereby mutually promise and agree as follows: 2. PURPOSE. The purpose of this agreement is for the Company to provide and for the County to receive vending machine service at the Contra Costa Work/Education Furlough Facility, 847 Brookside Drive, Richmond, California. 3. INSTALLATION & SERVICE. Company is to provide, install, maintain, repair, and service the:. following vending machine 'at the above noted location: (a) Cup dispensed coffee, chocolate, tea, soup at 15fi a cup. Company agrees to keep the machine in good working condition and to keep it filled with the above products. 4. COLLECTION & DISTRIBUTION OF INCOME. Company agrees to sell the above noted products and collect all monies and pay to the County, or other party designated in writing by the County, commissions based on the following schedule: (a) Sales will be on a straight commission of 10%. Commissions shall be made payable to Contra Costa County and unless otherwise designated in writing, remitted to the Office of the County Auditor-Controller no later than the tenth day of the month following the month in which commissions were earned. 5. HOLD HARMLESS & INSURANCE. During the entire term of: this agreement, Company shall keep in effect a policy or policies of liability insurance (including products liability) naming the County as additional insured with limits of at least $250,000 for each person and $500,000 for each occurrence for all damages arising out of bodily injury, sickness or disease, including death and $50,000 for all damages arising out of injury to or destruction of property for each occurrence. . Company shall provide the County with a Certificate of Insurance (with a ten-day cancellation clause) evidencing the above specified coverage. Company shall also provide County with a Certificate of Insurance evidencing that Workers' Compensation Insurance coverage is provided its employees. Company agrees to defend, save, indemnify, and hold harmless the County and its , officers and employees from any and all liabilities and claims for damages for injury, sickness and disease, or death to person(s) and/or property from any cause whatsoever arising from or connected with its operations or services hereunder; provided, however, that nothing contained herein shall require Company to defend or indemnity County for injuries or damage arising out of the sole negligence of County, its agents or employees. f/!�� Microfilmed with board order. State of California On this the 7th day of July 19 76 before me, , r SS. County of Contra Costa the undersigned Notary Public, personally appeared EARL D. CARNES Known to me to be the person(s) whose name(s) is subscribed I to the within instrument and acknowledged that he ' OFFICIAL JC0ttWMW executed the same for the purposes therein contained. PAMELA KWAW PUMA AWRSW _ IN WITNESS WHEREOF, I hereunto set my hand and official seal. wmece�at COMM eosin� eaeaa Pamela J. Wilson GENERAL ACKNOWLEDGMENT FORM SMS-2760 2760 �r � r IX JAM A&H 40 • A AWROWAV - *Wvpq "A {t:7Gt`Ca'��?.?.,JI�J7.y'✓»�'IedC?-'v✓Z!d1T."'�•� lye 6. COMPLIANCE WITH LAWS. Company agrees to comply with all laws, ordinances, rules and regulations of all federal, state, county, and city governments pertaining to the installation and operation of said machine and will hold the County harmless against any fine, penalty, tax, or damage for any actual or alleged failure on the part of the Company to comply therewith. 7. USE AND ACCESS. During a term of this agreement, and any extensions thereof, the Company shall have the use of the area in which said machine is located and free access thereto during usual business hours. Upon termina- tion of this agreement, Company shall have the right to enter upon the premises where the vending machine is located and remove it. 8. PROPERTY RIGHTS. The County has no property rights in said,machine and nothing in this agreement shall give the County any proprietary interest therein. 9. TERM & NOTICE. This agreement shall operate on a month-to-month basis and shall be automatically renewed for successive monthly periods unless terminated by thirty days written ,notice by either party to the other party. 10. NON-ASSIGNABLE. Company shall not assign this agreement without prior written consent of the County. CON COSTA COUNTY VILLAGE VENDING COMPANY ( J. P. Kenny By � By Cha rman, Boar of upervi •rs rized Representative 660 - 31st Street ATTEST: J. R. OLSSON, Coun y Richmond, California Clerk and ex officio Clerk Address of the Board NOTE TO COMPANY: Deputy Ronda Amdahl (1) Sign in presence of Notary. RECOMMENDED FOR APPROVAL: (2) Insure Notary's acknowledgment is attached; and By (3) Affix Corporate Seal if a corporation. Cou ty Adm'nis rator b FORM APPROVED: (CORPORATE SEAL) John B. Clausen County Counsel By eput a�soaamxi��mcs0ac�+ a5 t. Or•FICIAL SEAL PAMELA J. WILSON NOTARY PUBLIC • tAI,IFORNIA ' FWF Jr 4 %i',* , ,FPRINCIPAL OFFICE IN OOfaTRA .COTA COUNTY CcA:sl0:1a� Ypr;`orr 3Unl b, 1974 /�7- 7 -7G I \ In the Board of Supervisors of Contra Costa County, State of California June 15 , 19 76 i In the Matter of Vending MacYiine Placement Agreement with Village Vending Company On the recommendation of the County Sheriff-Coroner and the County Administrator, IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute a Vending Machine Placement Agreement with Village Vending Company, providing for installation and service of _specified vending machines at the Contra Costa County Work/Education Furlough Facility, 847 Brookside Drive, Richmond, California, effective June 1, 1976 . Passed by the Board on June 15, 1976. I I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: County Administrator Witness my hand and the Seal of the Board of Supervisors cc : Contractor affixed this l 5th day of June 19 76 c/o Sheriff — J. R. OLSSON, Clerk County Sheriff-Coroner County Apditor-Controller BA&fj �' Deputy Clerk H 24 12/74 - 15-M Maxine M. Neufe d i U-01 I 4V ING iTACIIINE P A CEMEIVP AGREEMENT 1:'t: i r:i.nks , etc . , Work. Furlough Facility) i .! Ef'fectivc on June 1, 1976 , CONTRA COS'T'l COUNTY , r ri uaf'ter cal. !t d t-he 'County" and the VILLAGE r•ci.n ,"t^Ic:_1.I led the "Company" , do hereby acre,_ YUl l'C?�E. " lie nurhose of this agreement is for the Company to pr•ovi�ie the Count,; to receive vending machine services _.t the Contra Cc.;ta Count%, Work/Education Furlough Facility , n1)17 13rool•aide I ive , Richmond , California. r l;d ERVICE Company is to provide , install. , IiIS'TAL1:Ul, mei:i.n1.atn, r: i r��. ��, nidi :_,ervice one cacti of the following vending iLaC11LCle:: at �.bl .` :L!)G`i@; doted l.ocatlon: ;a) 11. ll n: eti cold ..oft drinks at. 251Z per can. (u ) Ca.iiu ,';`Su ;ervini Candy, Mints , and Gum- at 20k� anui 150X per unit . I at 60� per pack. Company agree;: 1,eOp the machines in good working condition and keep them fi.11.r: '.f itli the above products . '1 . ("OLLEC`T'ION < DlSTJ1l6U'i'ION OF INCOME. Company agrees to sell the L,1.)ove not,t,�i. product, and collect, all monies and pay to the Count;, , or of i c• ;-rwty de,';ACnated in writing by the County, commissions ht;. ,ecl on the i'ollowinl:; schedules : (a) Can ::,oft d.rinl, s sales will be on a straight co?!imis<Jon Of, 1_0%0 . (1� ) Cal Snack, Gum and Pints :;ales will be on al ;,t: li-j:,11t commi-sion of 11�% . (c ) ('j. ;a ° : tc sale:; will be on a straight cctnm .scion of 10% . Co?nmi >ionsl ,1;;t.la be ?Wade payable to Contra Costa County and unlesz; otYier::1C•:e cic.;i rnatcd in writing, remitted to the Office Of tale Co.ir?t,y P•.d.tci.i:;vr-Controll.cr no later than the tenth day of the month %'�'-l ,.m; ini the month :in W11Jch commissions were earned. i I -l- Microfilmed with board order, i 5 . HOLD HAP,i-ILESS F. INSURANCE. During the entire term of this agreement , Coinpany shall keep in effect a policy or policies of liability Ansurance (including products liability) naming the County as additional insured with limits of at least $250 ,000 for each person and ;500 ,000 for, each occurrence for all damages :iris .n, out of bodi.l; injury , sickness or disease, including death and $50 , 000 for all damages arising out of injury to or destruction of property fOP each occurrence . Company shall provide the County with a Certificate of Insurance (with a ten- day cancellation clause) evidencing the above specified coverage . Company shall al::o provide County with a Certificate of Insurance evidencing that 4aorkers ' Compensation Insurance coverage is provided it: ompl.o :cos . ;or: p�u1 agres to defend, rsave , indemnify , and hold harmless the County and As o['fi.cers and employees from any and a.11. liabilities uiid claims fur damages for :injury, sickness and disease , or death to person( s ) land/or property from any cause whatsoever arising from or connected with its operations or services hereunder; ovided , However, that nothing contained' herein shall require Company/ to defend or indemnity County for injuries or damage arising out of i,he r>ole negligence of County, its agents or employees . o . COATLIANCE I,-!P.'H LAIdS . Company agrees to comply with all laws , ordinances , rules and regulations of all federal, state , county , and city governments pertaining to the installation and operation of such machine ; and will hold the County harmless against any fine, penalty , tax , or damage for any actual or alleged failure on the part of the Company to comply therewith . 7 . USE AND ACCESS . During a term of this agreement , and any extensions thereof, the Company shall have the use of the area in which such machines are located and free access thereto during usual busine:::s hours . Upon termination of this agreement , Company :,hall have tike ril,ht to enter upon the premises where the vending machines are looaaed and remove them. 8 . PROPERTY RIGITS . The County has no property rights in such rnachs.rtes and nothing in this agreement shall give the County any proprietary;I _intere:-,t therein. TI3IiM N101. -C This agreement shall operate on a month-to- month basis and shall be automatically renewed for successive month'iy periods unless terminated by thirty days written notice by either party to the other party . r -2- California On this the -50th da of Ma 19 before me State of Y Y > • Co n trIa Costa County of i SS. the undersigned Notary Public, personally appeared Earl D. Carnes Fss srL OFFICIAL SEAL Known to me to be the person(s) whose nai,ne(s)I_ subscribed s WILSON PAMELA WILSON the within instrument and acknowledged that I t J. (� d zfexecuted the same for the purposes therein contained.NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN IN WITNESS WHEREOF I hereunto set my hand and official seal. v CONTRA COSTA COUNTY omy COMMISSIM BXPIM JUIy 36 3998 y Pamela J. W son �r���� GENERAL ACKNOWLEDGMENT FORM SMS-2760-2760 1 i 10 . NON-A33IGNi AB ILL: . Company shall not assign this agreement ra:ithout pricir written consent of the County . C(U1.111A C0001.11A CC)111`1TY VILLAGE VENDING COM;�PANY ,,�(� ►J, P Kenny i� rman, boars: of `'upervioors Zorized Representative 660 - 31st. Street Richmond, California A'i"!'ES7.'; J . R. OLS1 3 County Address Clerk ;and e o f'i'i-c i o Clerk o.' the Polar( NOTE TO COMPANY: Deputy ( 1) Sign in presence of Notary . ( 2) Insure Notary ' s acknowl- RECOMMENDED FOR APPROVAL: edgment is attached;and . I ( 3 ) Affix Corporate Seal if AIR/& a corporation. Count,} :,duiir;i. ;tr,itor --- [CORPORATE SEAL] FORM APPROVED: ,John B. Clausen, County Counsel By i ep�.ity — A VJW:me r -3- L In the Board of Supervisors Of Contra Costa County, State of California October 24 19 72 In the Matter of Authorizing Execution of Agreement with Village Vending Company for Installation and Service of Vending Machines. An agreement dated October 24, 1972 having been presented to the Board between the County of Contra Costa and Village Vending Company, for the installation and service of vending machines at the following Social Service Department offices, on a month-to-month basis and under terms and conditions as more particularly set forth in said agreement: 2315 San Pablo, Dam Road San Pablo, California 3630 San Pablo Dam Road E1 Sobrante, California 320-13th Street Richmond, California; and On motion of Supervisor J . E. Moriarty, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that said agreement is APPROVED and Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute same on behalf of the county. The foregoing order was passed by the following vote of the Board: AYES : Supervisors J. P. Kenny, A. M. Dias , J. E. Moriarty, W. N. Boggess , E. A. Linscheid. NOES: None. ABSENT: None. � 2 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Village Vending Company Supervisors County Administrator affixed this ?4th day of October , 19 72 County , Auditor Social � Service . T. PAASCH, Clerk Public Works By��, Deputy Clerk Buildings & Grounds Deanna Petrie H24 7/72-15M ! VENDING MACHINE PLACEMENT AGREEMENT i l 1. PARTIES & DATE. Effective on October 24 1 972 CONTRA COSTA COUNTY for the Social Service Department ) , hereinafter called the "County" , and the VILLAGE VENDING COMPANY, hereinafter called the "Company" , do hereby mutually promise and agree as follows : 2. INSTALLATION & SERVICE . Company agrees to install , maintain in good working condition, repair, and keep filled with the products it offers , the following vending machines at the addresses indicated : (a) At 2315 San Pablo Dam Road, San Pablo , California, 1 soft drink machine, 1 candy machine , 1 cigarette machine , and 1 coffee machine; (b ) At 3630 San Pablo Dam Road , E1 Sobrante , California, 1 soft drink machine , 1 candy machine , 1 cigarette machine , and 1 coffee machine ; (c ) At 320-13th Street , Richmond , California, 1 soft drink machine , 1 candy machine , 1 cigarette machine, 1 coffee machine , 1 hot canned food machine , 1 cold canned food machine. 3. HOLD HARMLESS & INSURANCE. During the entire term of this agreement , Company shall keep in effect a policy or policies of liability insurance (including products liability ) naming the County as co-insured with limits of at least $100 ,000 for each person and $300 ,000 for each occurrence for all damages arising out of bodily injury , sickness or disease, including death and $50 ,000 for all damages arising out of injury to or destruction of property for each occurrence. Company shall provide the County with a Certificate of Insurance (with a ten day cancellation clause ) evidencing above specified coverage. Company shall also provide County with a Certificate of Insurance evidencing that Workmen' s Compensation Insurance coverage is provided its employees . Company agrees to defend, save , indemnify , and hold harmless the County and its officers and employees from any and all liabilities and claims for damages for injury, sickness and disease, or death to person(s) and/or property from any cause whatsoever arising from or connected with its operations or services hereunder; provided, how- ever, that nothing contained herein shall require Company to defend or indemnify County for injuries or damage arising out of the sole negligence of County , its agents or employees . 4. COMPLIANCE WITH LAWS. Company agrees to comply with all laws , ordinances , rules , and regulations of all federal , state, county , and city governments pertaining to the installation and operation of such machines and will hold the County harmless against any fine , penalty , tax, or damage for any actual or alleged failure on the part of the Company to comply therewith. 5. USE AND ACCESS. During the term of this agreement ,' and any extensions thereof, the Company shall have the use of the area in which such machines are located and free access thereto during usual business hours. UpIno termination of this agreement , Company shall have the right to enter upon the premises where the vending machines are located and remove them. 6 . PROPERTY RIGHTS. The County has no property rights in such machines and nothing in this agreement shall give the County any proprietary 'interest therein. 7. COLLECTION & DISTRIBUTION OF INCOME. Company agrees to collect all monies and pay to the County , or other party designated in writing by the County , commissions based on the following schedule : (a) Ten percent of gross money collected from candy machine sales . (b ) Ten percent of gross money collected from soft drink machine sales . (c ) Ten percent of gross money collected from cigarette machine sales . (d) Ten percent of gross money collected from hot drink machine sales . Commissions shall be made payable to Contra Costa County and remitted to the Office of the County Auditor-Controller unless otherwise designated in writing no later than 30 days after the close of each calendar quarter following the calendar quarter in which commissions were earned. 8. TERM & NOTICE. This agreement shall operate on a month-to- month basis and shall be automatically renewed for successive monthly periods unless terminated by thirty days written notice to terminate given by either party to the other party. 9 . NON-ASSIGNABLE . Company shall not assign this agreement without prior written consent of the County. BONTRA COSTA COU �Yyj yLLAGNG COMPANY Chairman, Board of Supervisors ized Representative ATTEST: W. T. PAASCH (3 County Clerk and ex officio Ad ess Clerk of the Board By � Deputy Recommended for Approval : Couloved ty A nistrator App as to form: JOHN B. CLAUSE�N',�County Counsel By Deputy JAK:mk ,� -2- '