HomeMy WebLinkAboutCity of Tamarac Resolution R-98-218Page 1
Temp. Reso. # 8346
Rev. # 2 — 07/16/98
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 98- V9
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 PEPSI COLA
BOTTLING COMPANY OF FT. LAUDERDALE-PALM BEACH,
INC. TO PROVIDE CERTAIN VENDING AND BEVERAGE
SERVICES AND SPONSORSHIP SUPPORT SERVICES TO
THE CITY FOR A TERM OF FIVE YEARS; PROVIDING FOR
THE ALLOCATION OF PROCEEDS TO THE TAMARAC
ATHLETIC FEDERATION SCHOLARSHIP FUND AND THE
TAMARAC SOCIAL COMMITTEE; 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, Pepsi desires to make available Pepsi products in the City of Tamarac
facilities and submitted a proposal to the City, hereto attached as Exhibit I; and
WHEREAS, Pepsi will offer a full range of products at a competitive commission
structure; and
WHEREAS, Pepsi will offer other incentives to the City, including four scoreboards,
valued at $18,000.00, sponsorships at City events and other promotional and marketing
items; and
Page 2
Temp. Reso. # 8346
Rev. # 2 — 07/16/98
WHEREAS, the corporate sponsorship agreement with Pepsi -Cola Bottling
Company of Ft. Lauderdale -Palm Beach, Inc. will provide certain vending , beverage and
sponsorship support services to the City; and
WHEREAS, Pepsi -Cola Bottling Company of Ft. Lauderdale -Palm Beach, Inc. has
agreed to provide certain vending, beverage and sponsorship support services to the City
for a five-year term; and
WHEREAS, vending machine revenues are currently shared and distributed to the
Tamarac Social Committee 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 Social Committee and the Tamarac Athletic Federation
Scholarship Fund; and
WHEREAS, the Parks and Recreation Director and the Purchasing/Contracts
Manager recommend the approval of the agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the City of Tamarac to accept the proposal and execute a corporate
sponsorship agreement with Pepsi Cola Bottling Company of Ft. Lauderdale -Palm Beach,
Inc. for certain vending, beverage and sponsorship support services to the City.
1
Page 3
Temp. Reso. # 8346
Rev. # 2 — 07/16/98
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 execute the
Agreement between the City of Tamarac and Pepsi -Cola Bottling Company of Fort
Lauderdale -Palm Beach, Inc., for certain vending, beverage and sponsorship support
services to the City, a copy of which is attached hereto as Exhibit II.
SECTION 3: The proceeds received from the vending and beverage machine will
continue to be shared and distributed between the Tamarac Athletic Federation and the
Tamarac Social Committee in accordance with the existing split.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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 as day of Jul,
ATTEST:
jou-�
CAROL GOL MC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
MITCHELL S. KRI
CITY ATTORN
RECAs
/.�
Page 4
Temp. Reso. # 8346
Rev. # 2 — 07/16/98
..;
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: CgMM. MCKAYE y _
DIST 2:.
V/M MISHKIN
DIST 3:
COMM. SUIT
DIST 4:
COMM. ROBE
94
EXHIBIT II
TR 8346
CORPORATE SPONSORSHIP AGREEMENT
AGREEMENT, between Pepsi -Cola Bottling Company of Fort Lauderdale -Palm Beach, Inc., a Florida Corporation, with
principal offices located at 7305 Garden Road, Riviera Beach, Florida 33404, (hereinafter referred to as "Pepsi") and the City of
Tamarac, a municipal corporation with principal offices located at 7525 NW 88`" Avenue, Tamarac, Florida 33321 (hereinafter referred to
as "the City").
WHEREAS, City owns and operates certain facilities ("Facilities") throughout the City of Tamarac and has the authority to offer
certain advertising and product availability rights in such facilities, including City Hall, Public Works, Utilities and Parks and Recreation,
excluding the fire stations, over a five (5) year term; and
WHEREAS, Pepsi desires to advertise certain 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 four (4) scoreboards ("Scoreboards") and Pepsi
desires to assist in the purchase of these Scoreboards for the Facilities, at a cost not to exceed eighteen thousand dollars ($18,000.00),
which cost shall be paid by Pepsi as set forth herein;
NOW THEREFORE, in consideration of the acts and promises contained herein, the parties hereby agree as follows;
1. Responsibilities of Pepsi Pepsi hereby promises that it shall:
• Purchase and cause to be installed by City four (4) Scoreboards as described on Exhibit A attached hereto and incorporated
herein as if set forth in full, in the Facilities at Tamarac Park and Tamarac Sports Complex, in accordance with applicable City
and Broward County building and electrical codes.
• Pay the cost of purchasing the Scoreboards, up to Eighteen Thousand Dollars ($18,000.00), including the freight charges and
customized aluminum signage.
• Provide sponsorship funding for such City of Tamarac events as the Turkey Trot, Fourth of July, Golf Tournament and Junior
Orange Bowl Queen Pageant. This will include, but is not limited to donating cash in the amount of $575 each year, providing
free product in the amount of $475 per year and promotional and marketing materials in the amount of $475 for these programs
to be delivered to City on dates and in amounts determined by the City. Total value of Pepsi's sponsorship commitment to City
for these events is $1,525.00 annually.
• Provide customized banners announcing various City events as needed
• Provide 500 Fund-raising Coupon Books per year for each year of this Agreement. Each book contains over $250.00 value and
can be sold by City or designee for $10.00 each.
• Provide two (2) or more, as determined by City or designee, concession stand price boards to list the various items for sale at
each concession stand as needed.
• Provide special event trailers for various City events. Trailers will be reserved through the Pepsi Special Events Coordinator at
1-800-432-0626, Ext. 297. Pepsi shall give priority to City for reservation of trailers.
2. Responsibilities of City City hereby promises that it shall:
• Cause the soft drinks and such other beverages of Pepsi as may be agreed upon, purchased from Pepsi to be made available
in Pepsi trademarked cups at all concessions, coolers and vending machine locations and all other locations on the premises of
the Facilities where soft drinks are sold or dispensed during the term of this Agreement.
• Cause all menu boards, equipment and concessionaires dispensing soft drink products on the premises of the Facilities to carry
advertising panels supplied by Pepsi which are clearly visible to the purchasing public.
• Grant exclusive soft drink supplier and advertising rights in the Facilities to Pepsi and not grant supplier or advertising rights on
the premises of the Facilities to any manufacturer or distributor of soft drinks other than Pepsi during the term of this
Agreement.
• Operate and maintain the four (4) Scoreboards in good condition and repair during the term of this Agreement.
• Pay all costs of operating four (4) Scoreboards, including, but not limited to, all utility charges and lamp replacement.
3. Ownership of the Scoreboards
UATR 8346 CORP SPANS AGRMT-Pepsi.doc
07/15/98 2:45 PM
EXHIBIT II
TR 8346
• The four (4) scoreboards shall remain the personal property of Pepsi during the entire term of this Agreement, and it is not
intended that the Scoreboards be affixed to or become a part of any realty.
• Upon the expiration of the five-year term of this Agreement, the four (4) Scoreboards shall become the personal property of the
City and may, at the sole election and option of the City, be affixed to, or become a part of any realty or personal property,
owned by the City.
4. Term and Termination
The term of this Agreement shall commence on August 15, 1998, and shall be for a period of five (5) years. This agreement
may be terminated by the City or Pepsi for cause, or by the City for convenience, upon 30 days written notice by the terminating
party to the other party of such termination. In the event, that Pepsi abandons this Agreement or causes it to be terminated,
Pepsi shall indemnify the City against loss pertaining to this termination. In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City should Pepsi 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 30 days after receipt by Pepsi of written
notice of such neglect or failure.
• Upon termination by the City, the City shall reimburse Pepsi for the price of the scoreboards at a rate of depreciation of twenty
(20%) percent, or $3,600 per year, beginning on the date of termination and continuing for the remainder of the normal five-year
term of this Agreement. The City shall not be responsible for reimbursement for the scoreboards due to early termination by the
City after the normal five-year term of this Agreement would have expired if not terminated. The scoreboards shall remain the
property of the City upon termination pursuant to this section.
5. Miscellaneous
• This Agreement constitutes the entire understanding of the parties and no terms may be altered or waived except by the mutual
written consent of both parties. This Agreement may not be assigned, nor Scoreboards sold or otherwise conveyed by City
without Pepsi's written consent.
6. Venue
• This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. The venue for all
actions arising out of this Agreement is fixed in Broward County, Florida.
PEPSI
Pep ' o Bottling Company of Fort Lauderdale -
Pal B .ac Inc.
By:
Phillipt. Arvidson
Title: President
Date:
By:
ManrrSrZapata
Title: Executive Vice resi ent
Date: 7_ / 7 qJ'
Tim McDulin
Title: Director of On -Premise Development
Date:
By:
Mark Ely
Title: New Account Representative
Date:—? - 16
CITY
City of Tamarac
Tamarac, Florida
By:
Ode Schreiber
Title: Mayor
Date.
By:SA✓
Robert S. Noe
Title: City Manager
Date: %
By ell r
ity Attorne
Date: '7/Z-''1 9 Dv
U:\TR 8346 CORP SPONS AGRMT-Pepsi.doc
07/15/98 2:45 PM
Jul-14-98 09:56A
P.02
EXHIBIT "A
TR 8346
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