1999-055 Pool Scoreboard Agreement with Pepsi-Cola•
RESOLUTION NO. 55-99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH
THE PEPSI-COLA BOTTLING COMPANY OF FT. LAUDERDALE-PALM
BEACH, INC. (PEPSI) ATTACHED AS EXHIBIT "A", WHICH AGREEMENT
IS FOR THE PURPOSE OF GRANTING PEPSI THE EXCLUSIVE RIGHT
TO SELL PEPSI SOFT DRINK PRODUCTS AT THE COUNTRY CLUB
DRIVING RANGE AND GOLF MAINTENANCE BARN AND THE VILLAGE
SECURING ONE (1) DAKTRONICS MODEL SW489G-V OUTDOOR SIX (6)
LANE SWIM SCOREBOARD AND INTERFACE KIT WITH VERTICAL
FORMAT; 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. (Pepsi) attached as Exhibit "A", which agreement is for the
purpose of granting Pepsi the exclusive right to sell Pepsi soft drink products, Allied
Brands, bottled water, juices at the Country Club Driving Range and Golf Maintenance
Barn and the Village securing one (1) Daktronics model SW489G-V outdoor six (6) lane
swim scoreboard and interface kit with vertical format.
•
• Section 2• The Mayor and Village Clerk are hereby authorized and directed
to execute the agreement as amended with the Pepsi-Cola Bottling Company of Ft.
Lauderdale-Palm Beach, Inc. 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 23rd DAY OF SEPTEMBER , 1999.
(Village Seal)
A ST' (%///~
VILLAGE CLERK
•
2
• AGREEMENT
THIS AGREEMENT is made and entered into this 23RD day of SEPT. 1999, by and
between THE PEPSI-COLA BOTTLING COMPANY OF FORT LAUDERDALE-PALM
BEACH, INC., a corporations, hereinafter referred to as "PEPSI" and THE VILLAGE OF
NORTH PALM BEACH, a municipal corporation, hereinafter referred to as "VILLAGE".
WITNESSETH:
INCONSIDERATION of the sum of TEN AND NO/!00 ($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 PEPSI the exclusive right and
privilege to sell Pepsi soft drink products, allied brands, bottled water, juices ("Products") at
the Country Club Driving Range and Golf Maintenance Barn located within the VILLAGE
on a full service basis meaning that Pepsi will stock all vending machines at these locations.
2. TERM OF AGREEMENT This Agreement shall commence Sept. 23 1999, and
shall continue for a period of 10 years or upon Pepsi having sold products at the Village
totaling $90,000.00 at the Country Club Driving Range and Golf Maintenance Bam,
whichever event first occurs.
3. SWIM TIMING SYSTEM PEPSI agrees to provide at its expense one (1) Daktronics
Model SW489G-V Outdoor Six (6) Lane Swim Scoreboard and interface kit with vertical
format valued at approximately $14,000.00.
The Swim Timing System shall be ordered for the VII,LAGE at the commencement of the
term of this Agreement and must be in new condition and acceptable to VILLAGE. Swim
Timing System shall remain the property of Pepsi for the entire term of this Agreement.
The installation, maintenance, repair and replacement of the scoreboard shall be the
responsibility of VII.LAGE. Upon completion of the agreement, Pepsi shall convey
title by bill of sale, absolute, to the Village of the Daktronics Model SW489G-V Outdoor
six (6) lane Swim Scoreboazd and interface kit with vertical format.
4. VENDING MACHINES Vending machines shall be placed at such locations at the
Country Club Driving Range and Golf Maintenance Bam agreed to by the patties. PEPSI
shall be responsible for the maintenance, repair, and stocking of all vending machines and
agrees during the term of this Agreement to keep such machines in good operating order,
repair, and regulazly stocked 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 regazds to the vending machines except to provide electrical supply for the
operation of all such vending machines.
• 5. MAXIMIZING ALL SALES OPPORTUNITIES VILLAGE will make its best effort to
maximize all sales opportunities for Pepsi products at the above referenced locations.
6. 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 the Village sales reports and such other documentation in
possession of Pepsi and requested by the Village that reflects sales of the number of cases of
drinks sold at the Country Club Driving Range and Golf Maintenance Bam.
PRICING OF PRODUCTS During the term of this Agreement, Pepsi agrees that
prices and commission paid for Pepsi products shall be in accordance with the price and
commission 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 will not be increased. Vend price at the Golf Maintenance Bam
will start at 752 with a 10% commission. Vend price at the Country Club Driving Range will
start at $1.00 with a 20% commission. All commissions earned will be paid directly to the
VILLAGE on a monthly basis.
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, bottled water, isotonics
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.
The Pepsi-Cola Bottling Company
Of Fort Lauderdale-Palm Beach, Inc.
By:
Manny Zapa dent
The Vi11agR Of North Palm Beach
sy:
M.
Date: 7 /~ - f p
Tim McDultn,
Director, On Premise Development
Date: ~~ ~