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HomeMy WebLinkAboutCity of Tamarac ResolutionTemp. Reso. #9495 - Page 1 August 15, 2001 Rev. #1 - 10/22/01 Rev. #2 - 12/4/01 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT THE PROPOSAL AND EXECUTE A CORPORATE SPONSORSHIP AGREEMENT WITH FLORIDA COCA -COLA BOTTLING COMPANY TO PROVIDE CERTAIN VENDING AND BEVERAGE SERVICES AND SPONSORSHIP SUPPORT SERVICES TO THE CITY FOR A TERM OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS; PROVIDING FOR THE ALLOCATION OF PROCEEDS TO THE TAMARAC ATHLETIC FEDERATION SCHOLARSHIP FUND AND THE TAMARAC EMPLOYEE SOCIAL FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, Florida has certain City facilities in which vending machines or beverage services are located; and WHEREAS, Florida Coca-Cola Bottling Company (Coca-Cola) desires to make available Coca-Cola products in the City of Tamarac facilities and has submitted a proposal to the City, attached hereto as "Exhibit 1 "; and WHEREAS, Coca-Cola will offer a full range of products at a competitive commission structure; and WHEREAS, Coca-Cola will offer other incentives to the City, including customized banners for special events and menu boards for concession locations, sponsorships at City events and other promotional and marketing items; and 11 Temp. Reso. #9495 - Page 2 August 15, 2001 Rev. #1 - 10/22/01 Rev. #2 - 12/4/01 WHEREAS, the corporate sponsorship agreement with Florida Coca-Cola Bottling Company will provide certain vending, beverage and sponsorship support services to the City; and WHEREAS, Florida Coca-Cola Bottling Company has agreed to provide certain vending, beverage and sponsorship support services to the City for a five-year term with an option to renew for two additional years; and WHEREAS, vending machine revenues are currently shared and distributed to the City of Tamarac Employee Social Fund and the Tamarac Athletic Federation; and WHEREAS, the vending machine revenues will be deposited into an agency account entitled "Vending Machine Revenues"; and WHEREAS, the proceeds received from the vending machines will continue to be donated to the City of Tamarac Employee Social Fund and the Tamarac Athletic Federation Scholarship Fund; and WHEREAS, the City's Risk Management department will ensure that the appropriate levels of liability insurance coverage are obtained; and WHEREAS, the Parks and Recreation Director and the Purchasing/Contracts Manager recommend the approval of the agreement; and 1 Temp. Reso. #9495 - Page 3 August 15, 2001 Rev. #1 - 10/22/01 Rev. #2 - 12/4/01 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept the proposal and execute a corporate sponsorship agreement with Florida Coca-Cola Bottling Company for certain vending, beverage and sponsorship support services to the City for a term of five (5) years with an option to renew for two (2) additional years. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept the proposal and execute the Agreement between the City of Tamarac and Florida Coca-Cola Bottling Company for certain vending, beverage and sponsorship support services to the City for a term of five (5) years with an option to renew for two (2) additional years, a copy of which is attached hereto as "Exhibit 2". SECTION 3: The allocation of proceeds received from the vending and beverage machines will continue to be shared and distributed between the Tamarac Athletic Federation Scholarship Fund and the City of Tamarac Employee Social Fund. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #9495 - Page 4 August 15, 2001 Rev. #1 - 10/22/01 Rev. #2 - 12/4/01 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 9h day of January, 2002. ATTEST: MARION 8WENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRAF CITY ATTORNEY f�►� w A M► JOE SCHREIBER 1l 4• RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aye, DIST 1: COMM. PORTNER A el DIST 2: COMM. MISHKIN ,4 er DIST 3: V/M SULTANOF A e. DIST 4: COMM. ROBERTS A el 11 1 I F-- No Text * C ~ CL P CID 0 ' CD �v C, �o CD o (71 O C �+ O... 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Reso. #9495 Exhibit 2 CORPORATE SPONSORSHIP AGREEMENT This AGREEMENT ("Agreement"), is made between Coca-Cola Enterprises Inc. d/b/a The Florida Coca-Cola Bottling Company, with a business office located at 3350 Pembroke Road, Hol- lywood, Florida 33021, (hereinafter referred to as "Bottler"), and the City of Tamarac, a Florida mu- nicipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (hereinafter referred to as the "City"). WHEREAS, City owns and operates certain facilities throughout the City of Tamarac and has the authority to offer certain advertising and product availability rights in such facilities; and WHEREAS, Bottler desires to advertise some of its soft drink products and that its soft drinks be made available for sale in such Facilities; and WHEREAS, in order to accomplish the aforesaid objectives, City is in need of certain spon- sorship support which cost shall be paid by Bottler as set forth herein; NOW THEREFORE, in consideration of the acts and promises contained herein, the par- ties hereby agree as follows: Defined Terms a. "Beverages" shall mean all carbonated and non -carbonated nonalcoholic beverages including but not limited to carbonated soft drinks; mixers; flavored and unflavored packaged waters; fruit juices; fruit juice -containing or flavored drinks; fruit punches and ades; isotonic energy and fluid replacement drinks (sometimes referred to as "sports drinks"); coffee and tea drinks; and all drink or beverage bases, whether in the form of syrups, powders, crystals, concentrates or otherwise, from which such drinks and beverages are made. b. "Products" shall mean Beverages sold or marketed by the Bottler. C. "Competitive Products" shall mean all Beverages that are not Products. d. "Facility" shall mean and include, collectively, existing and future facilities owned and/or operated by the City, including City Hall, Public Works locations, Utilities, and Parks and Recreation areas, as well as all parking lots, grounds, dining facilities, branded and unbranded food service outlets, concession and vending locations, players' benches, sidelines and locker rooms therein. The term "Facility" expressly excludes any fire stations owned or operated by City. Jan,1ary 9, s.mi 2. Term. The term of this Agreement shall commence on ("Effective Date"), and shall be for a period of five (5) years ("Initial Term"). Bottler has the option to renew this agreement for two (2) additional years ("Extended Term") by notifying the City in writing at least sixty (60) days prior to the end of the five-year period. Initial Term and Extended Term may sometimes be jointly referred to herein as "Term". 3. Responsibilities of Bottler. For the rights described herein, Bottler hereby agrees as fol- lows: a. Initial Fee. Bottler agrees to pay City a one-time payment of Seven Thousand Two Hundred Dollars ($7,200.00) for the entire Term (the "Initial Fee"), The Initial Fee shall be paid within thirty (30) days of the date this Agreement is fully executed. The Initial Fee shall be deemed earned evenly over the entire Term. b. Sponsorship Fees. Bottler shall pay City sponsorship fees (hereinafter, the "Spon- sorship Fees") an aggregate amount of Twenty -Five Thousand Dollars ($25,000.00) for the Initial Term. The Sponsorship Fees shall paid be in equal annual installments of Five Thousand Dollars ($5,000.00). The first installment shall be paid within thirty (30) days of the date that this Agree- ment is fully executed, and subsequent installments shall be due on the anniversary of the Effec- tive Date. In the event Bottler exercises its right to extend this Agreement for an additional 2 years, Bottler will pay to the City a total sum of Ten Thousand Dollars ($10,000.00) for the Extended Term in two (2) equal annual installments of Five Thousand Dollars ($5,000) beginning 30 days after the commencement of the Extended Term and on the anniversary date thereafter. City shall provide Sponsor with invoices for the Sponsorship Fees at least thirty (30) days prior to the due date of payment required hereunder. The Sponsorship Fees shall be deemed earned evenly over each year of the Term. C. Commissions. Bottler shall pay City commissions on full -service vending sales based on the following rates and initial vend prices: Package 12 oz carbonated drinks 20 oz carbonated drinks 20 oz non -carbonated drinks 20 oz carbonated drinks within 25 feet of concession stands Commissions Vend Price 15% $0.60 30% $1.00 20% $1.00 30% $1.50 20 oz non -carbonated within 25 20% $1.50 feet of concession stands Commissions are paid based upon cash collected, after deducting taxes, government - mandated deposits and associated handling fees, recycling fees and debit card fees, if any. Bottler reserves the right to adjust pricing and commissions each year of the Term. Commissions shall not be payable on any sales from vending machines not filled and serv- iced exclusively by Bottler. These commissions will be paid on or about the 20th of each month following the month in which they are earned, together with an accounting of all sales and monies in a form reasonably satisfactory to the City. d. Bottler agrees to provide City annually during the Term with one hundred (100) cases of complimentary Products (to be selected by City) to be used by the City for City -sponsored special events held in the Facility, such as parades ("Special Events"). e. Bottler agrees to provide customized banners for Special Events held in the Facility in a form to be as mutually agreed to by the parties. f. Bottler agrees to provide two (2) concession stand menu boards to list the various items for sale at each concession stand, as needed, up to a maximum of six (6) for all concession stands in the Facility. 4. Responsibilities of City City hereby promises that it shall: a. Cause the Products to be the only Beverages sold or made available at the Facility including all concessions, coolers and vending machine locations and all other locations therein. No Competitive Products shall be made available in the Facility. City agrees to purchase all its requirements for Products from Bottler. b. Cause all menu boards, equipment, and concessionaires dispensing Beverages on the premises of the Facility to carry advertising panels mentioning Products which are clearly visi- ble to the purchasing public. C. Grant exclusive Beverage advertising rights in or relating to the Facility to Bottler and not grant advertising rights at the Facility with respect to any Competitive Products during the term of this Agreement. d. Use and cause all concessionaires to use Bottler's trademarked cups purchased from Bottler to dispense all Products served in cups. e. Grant to Bottler the exclusive Beverage vending rights at the Facility. City agrees that Bottler shall have the right to place a minimum of fourteen (14) Beverage vending machines in mutually agreed upon locations at the Facility and that over fifty percent (50%) of the vending ma- chines shall vend 20-oz Products. Bottler agrees that all Beverage vending machines shall be equipped with dollar bill validators. f. Grant to Bottler first right of refusal of any similar agreement regarding advertising and Beverage availability rights. 5. Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 881h Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. BOTTLER The Florida Coca-Cola Bottling Company 3350 Pembroke Road Hollywood, FL 33021 Attn: Vice President and General Manager With a copy to: Coca-Cola Enterprises Inc. 2500 Windy Ridge Parkway Atlanta, GA 30339 Attn: General Counsel 6. Termination. a. This agreement may be terminated by the City or Bottler for cause, or by the City for convenience subject to Section 6(b), upon thirty (30) days written notice by the terminating party to the other party. In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should Bottler materially neglect or fail to perform or observe any of the terms contained in this Agreement, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Bottler of written notice from City of such neglect or failure. b. In the event this Agreement is terminated for any reason prior to the end of the Term, City shall (a) return the Equipment to Bottler, and (b) pay to Bottler, within ten (10) days, a pro rata portion of the prepaid Initial Fees (calculated based on the number of whole months re- maining in the Term) and Sponsorship Fees (calculated based on the number of whole months remaining in the year in which the termination occurred), (c) pay to Bottler a refund of the costs of refurbishing the Equipment, and (d) pay to Bottler a pro rata refund of the costs of installing the Equipment (calculated based on the number of whole months remaining in the Term). 7. Miscellaneous a. Upon execution of this Agreement, Bottler agrees to provide to City a Special Events wagon ("Wagon") for the total sum of One Dollar ($1.00). Upon sale the Wagon becomes property of the City. City hereby acknowledges and agrees that immediately upon purchasing the Wagon, it must be rendered permanent by removing the wheels (or otherwise securing the wheels and rendering them permanently immovable) and placing Wagon in such position within the Facil- ity that it becomes a permanent structure during the Term, and any renewal periods, of this Agreement. During the Term and any subsequent renewals of this Agreement, Bottler's logos shall remain on the Wagon and City agrees that Products will be the only Beverage sold from the Wagon. Following the Term and any renewal periods of this Agreement, Bottler's logos shall be removed, at City's expense, from the Wagon. THE PROVISION OF THE SPECIAL EVENTS WAGON IS ON AN "AS IS" BASIS. BOTTLER HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR INTENDED USE, AND BOTTLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES. BOTTLER FURTHER HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY SUITS, CLAIMS, DAMAGE OR LIABILITY OF ANY TYPE OR NATURE ARISING FROM OR CONNECTED WITH THE PURCHASE OF THE SPECIAL EVENTS WAGON BY CITY. b. City shall be entitled to purchase bottle/can Products form Bottler at the initial prices set forth in Exhibit A hereto. Any changes in the pricing schedule shall be submitted in writing to City thirty (30) days prior to such changes taking effect. C. City agrees (i) it will execute documents evidencing Bottler's ownership of their Equipment, (ii) upon request of Bottler, City will execute Bottler's Equipment Placement Agreement ("BEPA"), however, if any of the terms of the BEPA are in conflict with the terms of this Agreement, this Agreement will control, (iii) the Equipment may not be removed from the Facilities without Bot- tler's written consent, (iv) City will not encumber the Equipment in any manner or permit any at- tachment thereto except as authorized by Bottler, and (v) City will be responsible to Bottler for any loss or damage to the Equipment, reasonable wear and tear excepted. d. The City and Bottler agree that Paragraph 8 "Indemnity" in the BEPA executed by the City shall be inoperative. In the event of conflict between the provisions contained in this Agreement and the BEPA, the terms of this Agreement shall govern. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or 4 Florida Statute s. 768.28, as amended from time to time. This provision may not be considered to increase or otherwise waive the limits of liability to third -party claimants established by Florida Statute s. 768.28. e. City represent and warrants that (i) it has full right and authority to enter into this Agreement and to grant and convey to Bottler the rights set forth herein, and (ii) the person(s) exe- cuting this Agreement is a duly authorized representative of the City. f. This Agreement and the documents referred to herein constitute the entire under- standing of the parties and no terms may be altered or waived except by the mutual written con- sent of both parties. This Agreement may not be assigned or otherwise conveyed by City without Bottler's written consent. 8. Applicable Law and Venue. This Agreement and any dispute arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Florida as are now and hereinafter in force, without reference to its conflict of law rules. The venue for all actions arising out of this Agreement shall be the state and federal courts located in Broward County, Florida. Attest: Marion Swenson, CMC, City Clerk Date: 1- 0 - 0 2 BOTTLER COCA -COLA ENTERPRIS The Florida Cana -Cola Bc M Attest: INC. d/b/a ig Company Jay Ard It/ rr General agivisional Vice President, The FI n e# Coca-Cola Bptt"g Company Vice President and Assistant Secretary Date: / Z h /0 / CITY City of Tamarac Tamar , Florida By: e Schreiber, Mayor Date: By: �`��•'�- JeffrVyA. Miler, City Manager Date: I- /1-0 2 to form jfnd legal MitUll IS. Kraft, City 1-_ Date: lit C)-L- STATE OF FLORIDA ) COUNTY OF 3RQW A 0- D ) ss: On this 1 I day of JAr,1RPrRY , 200Z before me personally came Joe Schreiber, Mayor, Jeffrey L. Miller, City Manager, Marion Swenson, CMC, City Clerk, and Mitchell S. Kraft, City Attorney, who being duly sworn, did depose and say that they represent the City of Tamarac, Florida, a party described herein, and that they each executed the within instrument and signed his/her name thereto. 7DAWN. LESNIAKOWSKI SION CC962198 ru9%cS AUG 20 2004OWH AM�nNOTARY Notary Public d?+wAJ M. Lc::�a�/�k0u9s�it x All Personally known to me or ,Produced identification: Type of identification produced STATE OFF RDA ) COUNTY OF ) ss: On this day of �e,��erY► 2001, before me personally came Jay Ard, who being duly sworn, did depose and say that he is the General Manager/Divisional Vice President for The Florida Coca-Cola Bottling Company, a party described herein, and that he executed the within instrument and signed his name 9m1"". Tamara Lynn Brown Commission # CC 792746 Expires JAN.10, 2003 BONDED THRU ArLAN71cBONDING Co..INC, Notary Public jK Personally known tome or Produced identification: Type of identification produced STATE OF GEORGIA COUNTY OF ss: On this day of , 200_, before me personally came Terri L. Purcell, who being duly sworn, did depose and say that she is a Vice President and Assistant Secretary for Coca-Cola Enterprises Inc., a party described herein, and that she executed the within instrument and signed her name thereto. Notary Public Personally known to me or Produced identification: Type of identification produced EXHIBIT A Pricing Schedule Product Units Per Physical Cost per Physical Case Case 12 oz carbonated soft drinks 24 $ 7.00 20 oz carbonated soft drinks 24 $16.50 2 liter containers of Products 8 $10.05 16 oz Minute Maid® juice 24 $16.75 20 oz Fruitopia® 24 $14.75 20 oz Dasani® 24 $ 8.48 20 oz POWERaDE® 24 $14.75 BIB/Post Mix 1 gal. $ 7.75 Item Units Cost 12 oz cups 2,000 $50.00 16 oz cups 1,000 $34.00 22 oz cups 1,000 $43.00 32 oz cups 480 $32.00 32 oz Contour cup 240 $50.00 CO2 Tanks (with $75.00 deposit) 20 lb $13.00 *Prices subject to change. 7