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HomeMy WebLinkAbout1998-007 Pepsi-Cola Scoreboard Agreement• • • RESOLUTION NO, 07-98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH THE PEPSI-COLA BOTTLING COMPANY OF FT. LAUDERDALE-PALM BEACH, INC. ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR EXCLUSIVE RIGHT TO SELL PEPSI SOFT DRINK PRODUCTS, SYRUPS, ALLIED BRANDS AND JUICES AT OSBORNE PARK, ANCHORAGE PARK, AND THE NORTH PALM BEACH COMMUNITY CENTER LOCATED WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with the Pepsi -Cola Bottling Company of Ft. Lauderdale -Palm Beach, Inc. attached as Exhibit "A", which agreement provides for exclusive right to sell Pepsi soft drink products, syrups, Allied Brands, and juices at Osborne Park, Anchorage Park, and the North Palm Beach Community Center located within the Village. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with the Pepsi -Cola Bottling Company of Ft. Lauderdale -Palm Beach, Inc., as set forth in Exhibit "A" for and on behalf' of the Village of' North Palm Beach. Section 3. This Resolution shall take effect Immediately upon its adoption. • • • PASSED AND ADOPTED THIS 12th DAY OF FEBRUARY . 1998. (Village Seal) ATTEST: Village Cle ."I - MAYOR • AGREEMENT THIS AGREEMENT is made and entered into this" 12th day of _February 1998, by and between THE PEPSI-COLA BOTTLING COMPANY OF FT. LAUDERDALE-PALM BCH., INC., a corporation, hereinafter referred to as "PEPSI" and THE VILLAGE OF NORTH PALM BEACH, a municipal corporation, hereinafter referred to as "VILLAGE". WITNESS: IN CONSIDERATION of the sum of TEN AND NO/100 ($10.00) DOLLARS and in consideration of the mutual covenants herein, the receipt and sufficiency of which are acknowledged, the parties do hereby covenant and agree as follows: 1. EXCLUSIVE RIGHT OF SALE VILLAGE does hereby grant to PEPSI the exclusive right and privilege to sell Pepsi soft drink products, allied brands, juices, bottled water and isotonics ("Products") at Osborne Park, Anchorage Park and the North Palm Beach Community Center located within the VILLAGE. 2. TERM OF AGREEMENT This Agreement shall commence February 9, 1998 and shall continue for a period of 10 years or upon PEPSI having sold products to the Village totaling $162,000.00 at Osborne Park, Anchorage Park and the North Palm Beach Community Center, whichever event first occurs. 3. SCOREBOARDS PEPSI agrees to provide at its expense seven (7) Nevco Model 1025 baseballsoftball scoreboards and one (1) Nevco Model 3402 Soccer/Football scoreboard set forth in Exhibit "A" attached to this Agreement. The Scoreboards shall be provided to VILLAGE prior to the commencement of the term of this Agreement and must be in new condition and acceptable to VILLAGE. The installation, maintenance, repair and replacement of the scoreboards shall be the responsibility of VILLAGE. Upon completion of the Agreement, Pepsi shall convey title by Bill of Sale. Absolute, to the Village of the seven (7) Nevco Model 1025 baseball/softball scoreboards and one (1) Nevco Model 3402 Soccer/Football scoreboard set forth in Exhibit "A" attached to this Agreement. 4. A. PEPSI-COLA SPONSORSHIP OF ANNUAL CQACHF$ CLINIC In January of each year of the Agreement, Pepsi -Cola will sponsor a clinic for all VILLAGE baseball/softball coaches administered by Mr. Larry Hoskin, Vice President/General Manager of the Bucky Dent Baseball School. He is considered to be one of the finest instructors in the baseball world. B. During the term of the Agreement, Pepsi -Cola agrees to sponsor each year and pay for a twenty foot double wall sign (advertisement) on the Osbome Park concrete block perimeter outfield fence. Pepsi -Cola shall pay Village or its designee. • • • C. Pepsi -Cola will provide All Sport Coolers on an as needed basis and 500 customized squeeze bottles each year. D. Pepsi -Cola will provide 500 coupon books each year. Each book contains over $250.00 value and can be sold for $10.00 each. These books represent a $5,000.00 per year fund raising opportunity. Pepsi -Cola shall Provide the coupon books to youth organizations in the Village upon requests; in addition, coupon books shall be distributed to the players of all youth organizations on their opening day." E. Pepsi -Cola will continue to provide special event trailers at no charge for the Village of North Palm Beach activities on an as needed basis as determined by the Village Manager or his designee. 5. VENDING MACHINE Vending machines shall be placed at such locations at Osborne Park, Anchorage Park and the North Palm Beach Community Center as agreed to by the parties. PEPSI shall be responsible for the maintenance and repair of all vending machines and agrees during the term of this Agreement to keep all such machines in good operating order and repair at its expense. PEPSI shall also provide whatever insurance it desires to protect the equipment against loss and vandalism. VILLAGE shall have no responsibility in regards to the vending machines except to provide an electrical supply for the operation of all such vending machines. During the term of this Agreement, the Village shall be responsible for stocking all vending machines covered under this Agreement. That attached to this Agreement as Exhibit "B" is a list containing locations of all vending machines including the number of vending machines at each location." 6. MAXIMIZING ALL SALES OPPORTUNITIES VILLAGE will make its best effort to maximize all sales opportunities for Pepsi -Cola products. 7. SALES REPORTS Commencing six (6) months from the effective date of this Agreement and continuing every six (6) months thereafter during the term of Agreement, PEPSI agrees to provide to Village sales reports and such other documentation in possession of Pepsi and requested by Village that reflects sales of the number of cases of drinks at Osborne Park, The North Palm Community Center, Anchorage Park and the field at St. Clares School. 8. PRICING OF PROD! JCT,S During the term of this Agreement, PEPSI agrees that charges for Pepsi products shall be in accordance with the price structure of PEPSI at other similar locations within South Florida. If prices are increased during the term of the agreement, the total dollar amount of products required by the village to be purchased from Pepsi will not be increased. 9. EXCEPTIONS TO THIS AGREEMENT The following shall constitute exceptions to the exclusive right of sale of PEPSI at Osborne Park, Anchorage Park and the North Palm Beach Community Center. A. Individuals and groups shall have the right to bring soft drink products including Pepsi products to Osborne Park, Anchorage Park and the North Palm Beach Community Center for their use. B. VILLAGE individuals and groups shall have the right to conduct fund raisers at Osborne Park, Anchorage Park and the Community Center and sell soft drink products other than Pepsi products. C. VILLAGE shall have the right to allow another beverage company to dispense by vending machine or otherwise coffee and milk at Osborne Park, Anchorage Park and the Community Center. 10. CANCELLATION This Agreement is intended to replace in its entirety that certain Agreement entered into by and between the parties hereto on January 12, 1995, which Agreement is hereby canceled and rendered null and void. Not withstanding anything herein contained to the contrary, VILLAGE shall not allow another company such as Coca-Cola to sell or dispense any soft drink products and juices that are competitive with the products of PEPSI for which the exclusive right of sale is being granted. IN WITNESS WHEREOF, the parties to this Agreement have set their respective hands and seals on the day and year first above written. (Village Seal) • VILLAGE OF NORTH PALM BEACH THE PEPSI-COLA BOTTLING COMPANY OF FT. LAUDERDALE-PALM BEACH, INC.