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CC Resolution 11377 RESOLUTION NO. 11] 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE AGREEMENT BETWEEN THE CITY OF CAMPBELL AND CUSTOM VENDING SERVICES WHEREAS, City of Campbell contracted with Custom Vending Services of Campbell for the period of July 1, 2004 to June 30, 2013 to provide vending services at various city facilities; and WHEREAS, revenue from vending machine sales has not been sufficient to cover CVS's guaranteed annual minimum commission for the past several years; and WHEREAS, the City recognizes that CVS has been a good partner and has an interest in continuing a mutually-beneficial relationship; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby agrees to amend the rate of compensation under the terms of the original agreement to eliminate the guaranteed annual minimum contribution for FY12-13 and to set the compensation level for FY12-13 at 21% of gross revenues. PASSED AND ADOPTED this 20th day of March by the following roll call vote: AYES: NOES: ABSENT: Council Members: Cristina, Baker, Waterman, Low, Kotowski Council Members: None Council Members: APPROVED: .--~ L ~-- - ( - /---) # h (- _n ~-'" 'it-c---c ," ~ () ...--r- Michael Kotowski, Mayor ATTEST: tL j];~ Anne Bybee, City Clerk Attachment 4 ADDENDUM C TO AGREEMENT FOR VENDING SERVICES AT VARIOUS CITY FACILITIES This addendum to the Agreement for Vending Services, dated May 18, 2004 between the CITY OF CAMPBELL and CUSTOM VENDING SERVICES. 498 Salmar Avenue. Campbell CA 95008, shall make the following changes to the existing agreement: 5.2. GUARANTEED ANNUAL MINIMUM COMMISSION Initial Guaranteed Annual Minimum Commission (GAMC): GAMC for the second three-year term: Current GAMC for the final three-year term (effective 7/1/10): New GAMC for the final three-year term: Phase 1 (January-June 2012) Phase 2 (July 2012-June 2013) $7,500 $8,200 $8,450 $8,450 $ 0 All other terms and conditions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties have affixed their signatures on this day of March, 2012. CVS Custom Vending Services, CITY City of Campbell, a California Municipal Corporation By: Alan Aerts, Owner By: Amy L. Brown, City Manager Address for Notices: Address for Notices & Payments: Custom Vending Services Attn: Alan Aerts 498 Salmar Avenue Campbell, CA 95008 Campbell Community Center Attn: Hilary Holeman 1 W. Campbell Avenue #C-31 Campbell, CA 95008-1039 Telephone: (408) 871-7000 E-Mail: aeacvs@hotmail.com Telephone: (408) 866-2741 E-Mail: HilarvH@citvofcampbell.com