HomeMy WebLinkAbout2003 07 14 Consent B Exclusive Beverage Agreement
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COMMISSION AGENDA
ITEM B
CONSENT X
INFORMATIONAL
PUBLIC HEARING
.
REGULAR .,
07/14/03
Meeting
MGR.~EPT CQ
Authorization
REQUEST: The Parks and Recreation Department is requesting the City Commission to
authorize the City Manager to execute an Exclusive Beverage Agreement with
the Pepsi Bottling Group for Concessions at Central Winds Park.
PURPOSE: The purpose of this item is to obtain City Commission approval to execute the
agreement necessary to provide concession beverages, new scoreboards, and
marketing support.
CONSIDERATION:
. June 23,1993, Winter Springs Parks and Recreation Department entered into a 10-
year agreement with the Coca-Cola Bottling Company for Product & Scoreboards.
. In January, 2003 staff received proposals from Coca-Cola & Pepsi and reviewed them
extensively. The Pepsi proposal offered lower produce pricing and a total higher value
to the City.
. The City Attorney has prepared the attached 7-year Exclush:e Beverage Agreement.
. Profitable Food Facilities has reviewed the Pepsi agreemebt and states that it is
standard and generally favorable with mostly fair prices.
. Staff will be using bag in boxes (Syrup) for maximum profitability as recommended by
Profitable Food Facilities.
FUNDING: N/ A.
1
'<,
RECOMMENDATION: Staff is recommending approval to authorize the City Manager to
execute the Exclusive Beverage Agreement with the Pepsi Bottling Group for Concessions at
Central Winds Park.
IMPLEMENTATION SCHEDULE:
7/15/03
Execute Agreement
Begin transition of equipment and products
Order removal of old scoreboards.
9/6/03
Baseball and Soccer ~eague Play begins.
ATTACHMENTS:
#1 Exclusive Beverage Agreement.
#2 Profitable Food Facilities Executive Summary.
COMMISSION ACTION:
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A TT,ACHMENT # 1
EXCLUSIVE BEVERAGE AGREEMENT
CITY OF WINTER SPRINGS - THE PEPSI BOTTLING GROUP
THIS AGREEMENT is made this _ day of , 2003 by and between
the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address
is 1126 East State Road 434, Winter Springs, Florida ("City"), and BOTTLING GROUP, LLC,
d/b/a THE PEPSI BOTTLING GROUP, a Delaware limited liability corporation, whose address
is One Pepsi Way, Somers, NY 10589 ("PBG").
RECITALS:
, WHEREAS, PBG desires to be the exclusive provider ofProQucts (as defined below) to the
City's Central Winds Park under the terms and conditions set forth in this Agreement; and
WHEREAS', the City desires to accept such services from PBG under the terms and
conditions set forth in this Agreement
IN CONSIDERATION ofthe mutual covenants and provisions hereof, and other good, and
valuable considerations, the receipt and sufficiency all of which is hereby acknowledged, the parties
desiring to be legally bound do hereby agree as follows:
ARTICLE I
GENERAL PROVISIONS
,1.1 Definitions. For purposes ofthisAgreement, the following terms and words'shall have
the meaning ascribed to them, unless the context clearly indicates otherwise.
(a) "Agreement" or "Contract" shall be used interchangeably and shall refer to
this Agreement, as amended from time to time, which shall constitute
authorization for PBG to provide the services stated herein to the City.
(b) "Products" shall mean pre-mix and post-mix fountain, bottled or canned
-> carbonated and non-carbonated beverages, teas, juices, water, energy drinks
inclusive of chilled coffee, cups, and lids as provided in Exhibit" A" , which
is attached hereto and incorporated herein by this reference and which are
sold under the PepsiCo trademarks. ~
(c) "Effective Date" shall be the date on which the last signatory hereto shall
execute this Agreement, and it shall be the date on which this Agreement shall
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go into effect. The Agreement shall not be effective against any party until
said date.
(d) "Park" shall mean the City of Winter Springs Central Winds Park, consisting
of all facilities currently provided within Central Winds Park and any and all
future expansions of the Park.
(e) "PBG" shall mean Bottling Group, LLC, d/b/a The Pepsi Bottling Group, a
Delaware limited liability corporation or any of its local affiliates.
(f) "Public Record" is as described in Section 119.011(1), Florida Statutes.
(g) "Services" shall include the performance ofthe Services outlined in Article 2
of this Agreement.
1.2 Engagement. The City hereby engages the PBG and PBG agrees to perform the Services
outlined in this Agreement. No prior or present agreements or representations shall be binding upon
any of the parties hereto unless incorporated in this Agreement.
1.3 Due Dilit!ence. PBG acknowledges that it has investigated prior to execution of this
Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials
and labor, the cost thereof, the requirements to obtain necessary insurance and coordinate with
utilities if any and as set forth herein, and the steps necessary to complete the Services within the time
set forth herein. The Contractor warrants unto the City that it has the competence and abilities to
carefully and faithfi!lly complete the Services within the time set forth. PBG will perform its Services
with due and reasonable diligence consistent with sound professional practices.
1.4 Term. The term ofthis Agreement shall commence on July 1,2003 and expire upon
June 30, 2010, unless sooner terminated as provided herein.
1.5 Exclusivity. During the term of this Agreement the Products provided by PBG,
whether for resale by the City or its concessionaires or sale through vending machines, shall be the
exclusive beverage products of their respective types sold, dispensed or otherwise made available,
or in any way advertised, displayed, represented or promoted at or in connection with the Park by any
method or through any medium whatsoever (including without limitation print, broadcast, direct mail,
coupons, handbills, displays and signage), whether public or private. In no event shall there by
served, dispensed or otherwise made available, or in ay way advertised, displayed, represented or
promoted, beverage products licensed by, or produced by bottlers licensed by The Cocoa-Cola
Company or any affiliate thereof.
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ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of Services. The Services to be performed under this Agreement are as follows:
(a)
PBG shall be the exclusive provider of Products, as provided above, to the
Park during the term of this Agreement and which are resold by City
employees, agents or concessionaires, not including vending machines. The
Products shall be purchased by the City from PBG as needed at the prices
established and provided on Attachment "A". The price ofB&C Product
may be changed 'from time to time by providing thirty (30) day advanced
written notice to the City.
(b) PBG shall provide the City, at no charge, with appropriate equipment for
dispensing the Products during the term of this Agreement. Title to such
equipment will remain vested in PBG and all such equipment will be returned
to PBG upon termination ofthis Agreement, unless otherwise provided herein.
(c) PBG shall also provide the City, at no charge, service to the PBG equipment
no less than annually. The City may request service calls for maintenance of
the PBG equipment on an as needed basis.
(d) PBG shall have the right to install, at a minimum, two (2) vending machines
at the Park throughout the term of this Agreement. There may be additional
vending machines upon the mutual agreement ofthe parties. The location of
any such vending machine shall be determined by the mutual agreement of
PBG and the Parks and Recreation Director or the director's designee. It shall
be the responsibility of PBG to ensure any such vending machine has an
adequate amount of Products to meet the demand of users of the Park. Each
vending machine, any and all monies and Products located in such vending
machine, shall at all times remain the sole property ofPBG. PBG agrees to
bear the risk ofIoss to any vending machine and any B&C Product or monies
contained therein, and located within the Park from theft or vandalism,
provided however, that in the event of repeated or signiticant theft, vandalism,
destruction or loss PBG shall have the right to move or remove such vending
machines until adequate protection for such mac,hines can be provided.
(
(e) PBG shall have the'right to have brand identification for each fountain Product
served on all menu-boards and post-mix dispensing valves at the Park
throughout the Term.
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(f) The city, its agents or concessionaires shall only use the post-mix or pre-mix
products for use in preparing the fountain Products; (i) in accordance with the
standards established by Pepsi-Cola Company; and (ii) only for immediate or
imminent consumption and shall not resell the post-mix or pre-mix Products
either to non-affiliated outlets or to consumers in any form other than the
fountain Products.
2.2 Professionalism. PBG shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement.'
2.3 Warranty of Services. PBG hereby warrants unto the City that it has sufficient
experience to properly complete the Services specified herein or as may be performed pursuant to this
Agreement. In pursuit of any Services, PBG shall supervise and direct the Services, using its best
skill and attention and shall enforce strict discipline and good order among its employees and agents.
PBG shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public
authority hearing on the performance of the Services. PBG shall pay all taxes, fees, license fees
required by law, including but not limited to occupational fees and withholding taxes and assume all
costs incident to the Services, except as provided herein.
ARTICLE 3
COMPENSATION
3.1 Commission. Throughout the term, PBG will pay the City a commission equal to
twenty-five (25) percent of all cash actually collected (less sales taxes, applicable license and
recycling fees, if any) from sales of Products through vending machines located at the Park. Payment
of such commission shall be made by PBG to the City on a monthly basis. The initial vending rate
for Products shall be: 200z Gatorade @ $1.25 and for all other 200z beverage products @ $1.00. The
vending rate may be increased or decreased by PBG from time to time upon providing the City with
a thirty (30) day advanced written notice.
3.2 Scoreboard Fund. In consideration ofthe exclusive rights granted in this Agreement,
PBG shall provide funding of up to Twenty-Four Thousand & NO/I 00 DOLLARS ($24,000.00) to
purchase outdoor Pepsi-Cola branded scoreboards for use at the Park. Such scoreboards shall become
the property of the City and will be maintained by the City.
3.3 Marketing Support. In further consideration of the exclusive rights granted in this
Agreement, PBG shall provide funding of up to Five Thousand & No/IOO DOLLARS ($5,000.00)
annually; beginning upon the Effective Date ofthis Agreement, for support of mutually agreed upon
marketing programs for the benefit of the PBG and City. Examples of programs to be offered are
provided in Exhibit "B", which is attached hereto and made a part of this Agreement by this
reference.
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ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection. Upon prior written notice to PBG, the City shall have the right to
inspect and audit at all reasonable times, the books and records ofPBG relating to the sale of Products
at the Park in accordance with this Agreement.
4.2 Services is a Private Undertakine. With regard to any and all Services performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and PBG is such that PBG is an independent contractor and
not an agent ofthe City. PBG is an independent contractor and not an employee ofthe City. Nothing
in this Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and PBG, during or after the performance of the Services
under this Agreement.
4.3 City's Responsibilities. The City shall cooperate with PBG by:
(a) Designating a person with authority to act on the City's behalf on all matters
concerning the Services being provided hereunder;
(b) Arrange for access to the Park by PBG as necessitated by the Services.
(c) To provide, with the agreement ofPBG, for the location of vending machines
at the Park.
ARTICLE 5
SUBCONTRACTS: ASSIGNMENT
5.1 Assi2:nment and Subcontractine. Unless otherwise specifically required by this
Agreement, PBG shall not assign, sublet, or transfer any rights or Services under or interest in
(including, but without limitations, moneys that may become due) this Agreement without the written
consent ofthe City, except to the extent that any assignment, sublet, or transfer is mandated by law
or the effect ofthis limitation may be restricted by law. Unless specifically stated to the contrary in
any written consent to any assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Further, PBG shall not subcontract any portion or all
of the Services without the written consent of the City. Nothing under this Agreement shall be
construed to give any rights or benefits in this Agreement to anyone other than the City and PBG, and
all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit ofthe City and PBG and not for the benefit of any other party.
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5.2 Any costs caused by defective or ill-timed Services shall be borne by the party responsible
therefor.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governine Law: Venoe. This Contract shall be governed by the law of the State of
Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties
agree that the Agreement was consummated in Seminole County, and the site of the Services is
Seminole County. If any dispute concerning this Contract arises under Federal law; the venue will '
be Orlando, Florida.
6.2 PBG Representative. PBG shall designate an individual to act as a representative for
PBG under this Agreement with the authority to transmit instructions, receive information, and make'
or interpret PBG's decisions. This person shall be PBG's contract administrator. PBG may from
time to time designate other individuals or delete individuals with the authority to act for PBG under
this Agreement with the authority to transmit instructions, receive information, and make or interpret
the PBG's decisions. All deletions or designation of individuals to serve as a representative shall be
given by written notice.
6.3 Notices. All projects hereunder, all notices, demands, requests, instructions, approvals,
and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by
hand delivery to an individual authorized to receive mail for the below listed individuals, all to the
following individuals at the following locations:
TO THE CITY:
Mr. Ronald W. McLemore
City Manger
City of Winter Springs
1126 East State Road 434
Winter Springs, Fl. 32708-2799
407-327-5957 (Phone)
407-327-6686 (Fax)
TO THE PBG:
Mr. Martin Hainey
Director
The Pepsi Bottling Group
1700 Directors Row
Orlando, FL 32809
407-826-5938 (phone)
407-826-5948 (fax)
;
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Notice shall be deemed to have been given and received on the date the notice is physically received
if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice
shall be deemed to have been given, upon the date said notice was deposited 'in the U.S. Mail
addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth
herein may unilaterally change the name ofthe person to whom notice is to be given or the address
at which notice is to be received.
6.4 Public Record. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing ofPBG related, directly
to this Agreement, may be deemed to be a Public Record whether in the possession or control of the
City or PBG. Said record, document, computerized information and progranl, audio or video tape,
photograph, or other writing ofPBG is subject to the provisions of Chapter 119, Florida Statutes, and
may not be destroyed without the specific written approval of the City. Upon request by the City,
PBG shall promptly supply copies of said public records to the City. All books, cards, register~"
receipts, documents, and other papers in connection with this Agreement shall at any and all
reasonable times during the normal working hours ofPBG be open and freely exhibited to the City
for the purpose of examination and/or audit.
6.5 Interpretation. Both the City and PBG have participated in the drafting of all parts of
this Agreement. As a result, it is the intent ofthe parties that no portion of this Agreement shall be
interpreted more harshly against either of the parties as the drafter.
6.6 Amendment of Aereement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
6.7 Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable, or unconstitutional word,
sentence, or paragraph did not exist.
6.8 Additional Assurances. PBG warrants and represents;
(a) No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Services under this Agreement
is presently debarred, suspended, proposed for debarment, declared ineligible '
or voluntarily excluded from participation in any Services required by this
Agreement by any Federal, State, or local governmental commission,
,department, corporation, subdivision, or agency;
(b) No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this Agreement,
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employee, or agent has employed or otherwise provided compensation to, any
employee or officer ofthe City; and
(c) No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this Agreement,
employee or agent has willfully offered an employee or officer of the City any
pecuniary or other benefit with the intent to influence the employee or officer's
official action or judgment.
6.9 Attorney's Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees. ' "
6.10 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements, either or,!l
or written, and all such matters shall be deemed merged into this Agreement.
6.11 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed regarding the City's potential liability under state or federal law.
6.12 Right-of-First-RefusaI. Provided PBG is not in default of this Agreement at the
expiration or termination ofthis Agreement, City shall grant to PBG the right-of- first-refusal to match
any offer made to City by any third party with respect to the supply of Products to the Park.
ARTICLE 7
TIME
7.1 Time of the Essence. PBG acknowledges and agrees that time is ofthe essence for the
completion of the Services to be performed under this Agreement.
ARTICLE 8
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
8.1 Worker's Compensation. Upon the effective date of this Agreement, PBG shall
provide proof of worker's compensation insurance in the minimum amount required by law (if'
required).
8.2 General Liabilitv. Upon the effective date of this Agreement, PBG shall submit proof
of general liability insurance to cover claims for general liability because of bodily injury or death of
any person or property damage arising out of this Agreement or any Services provided hereunder.
The insurance shall have minimum limits of coverage of $1 ,000,000.00 per occurrence.
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8.3 Insurance Requirements. This paragraph shall be applicable to Sections 8.1 and 8.2 The
insurance required by this Article shall include the liability and coverage provided herein, or as
required by law, whichever requirements afford greater coverage. All ofthe policies of insurance so
required to be purchased and maintained for the certificates (or other evidence thereof) shall contain
a provision or endorsement that the coverage afforded will not be canceled, materially changed or
renewal refused until at least thirty (30) days' prior written notice has been given to the City and PBG
by certified mail, retwn receipt requested. All such insurance shall remain in effect during the term
of this Agreement. Unless agreed to by the City to the contrary, the City shall be named on the
foregoing insurance policies as "additional insured." PBG shall cause its insurance carriers to furnish
insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the
expiration dates of such policies, and a statement that no insurance under such policies will be
canceled without thirty (30) days' prior written notice to the City in compliance with other provisions
of this Agreement. For all Services performed pursuant to this Agreement, the Contractor shall
continuously maintain such insurance in the amounts, type~ and quality as required by Sections ~,.1
and 8.2. In the event PBG fails to maintain said insurance, the City, at its option, may elect to
terminate this Agreement without penalty by written notice to PBG.
8.4 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, PBG agrees to the fullest extent permitted by law, to indemnify and hold harmless the
City and its employees, officers, and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly
or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out
of or resulting from PBG's performance of any Services provided pursuant to this Agreement.
The indemnification provided above shall obligate PBG to defend at its own expense or to
provide for such aefense, at the option of the City, as the case may be, ofany and all claims of
liability and all suits and actions of every name and description that may be brought against the City
or its employees, officers, and attorneys which may result from the Services under this Agreement
whether the Services be performed by PBG or anyone directly or indirectly employed by them. In all
events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall
be reasonable and subject to and included with this indemnification provided herein. This paragraph
8.4 shall survive termination of this Agreement.
8.5 Standard of Care. In performing its Services hereunder, PBG will use that degree of
care and skill ordinarily exercised, under similar circumstances by reputable members ,of its
profession practicing in the same or similar locality.
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ARTICLE 9
TERMINATION OF THE CONTRACT
9.1 Termination For Cause . Either party may terminate this Agreement iftheothercommits
a material breach ofthe Agreement; provided, however, that the terminating party has given the other
party sixty (60) days advance written notice and opportunity to remedy the breach.
9.2 Termination For Convenience. Either party may terminate this Agreement for
convenience, without penalty other than as provided in this sub-section, by providing one-hundred
eighty (180) days advance written notice oftermination to the other.
(a) Where the Agreement is terminated for convenience by PBG, to the extent Services
have been performed by PBG, the City shall pay PBG, <}s full payment for all Services
performed and all expenses incurred, the sums that are actually due and owing t9
PBG for B&C Product delivered to the City for resale through termination, and PBG
shall pay to the City all commissions earned from sales ofB&C Product from vending
machines through termination. The City shall have no obligation to reimburse any of
the monies expended for the purchase of scoreboards in the Park. '
(b) Where the Agreement is terminated for convenience or cause by the City to the extent
Services have been performed by PBG, the City shall pay PBG, as full payment for
all Services performed and all expenses incurred, the sums that are actually due and
owing to PBG for B&C Product delivered to the City for resale through termination,
and PBG shall pay to City all commissions earned from sales ofB&C Product from
vending machines through termination. The City shall reimburse to PBG a portion of
the monies provided for the purchase of scoreboards in the Park. The amount of such
reimbursement shall be determined by multiplying the scoreboard fee paid by a
fraction, the numerator of which is the number of months remaining in the term at the
time of such termination and the denominator of which is eighty-four (84).
9.3. Expiration. Upon expiration ofthe term oftrus Agreement, ifthe City has not entered
into a further agreement with PBG for the purchase of Products, the City shall surrender to PBG all
equipment installed in the Park for the serving or dispensing of such product. Upon mutual agreement
of the parties, the City may purchase such equipment at the current fair market value of such
equipment.
9.4 Waiver. Failure of either party to insist upon performance within any time period or upon
a proper level or quality of performance shall not act as a waiver of the either parti s right to later
claim a failure to perform.
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IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
Witnesses
CITY OF WINTER SPRINGS, FLORIDA
Print Name:
By:
, Ronald W. McLemore
Print Name:
Title: City Manager
Dated:
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Witnesses:,/', - '-'-li!-,l(~\
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Print Name: ....__./(/-u.~ ,:-.:,,,rI{:'J?AI? "
BOTTLING GROUP, LLC,
d/b/a THE PEPSI BOTTLING GROUP (PBG)
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F:\Docs\City ofWioler SpriogslPepsl BoltlloglAgreemeotlPepsl_Agreemeol_061303.wpd
Page 11 of 11
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Exhibit "A"
Central Winds Park Pricing Of Bottled and Canned Products
Effective 2003
Package Products AvaDlable Price/Case or
" , Gallon
100z NR Bottles CSD Pepsi, Diet Pepsi. $10.75/24
"
120z Cans CSD See Attached ' , c ' $ 7.50/24
200z Non Carb Fruitworks, Lipton . $16.95/24
..
200z Isotonic AI/sport $13.50/24
200z PET CSD See Attached $16.95/24
200z PET Water Aquafina $ 7.95/24
1.5L PET Water Aquafina $ 7.95/15
Chilled Coffee Starbuck . .',- --. . $10.75/12
160z PET Juices Dole $ 9.55/12
Energy Products Starbucks Double Shot, SoBe $31.95/24
Adrenaline Rush, Dew Amp
SoBe 200z Glass Various $11.10/12
GATORADE Fruit Punch, Lemon Lime, Orange, $18.00/24
Strawberry Ice. Riptide Rush, Glacier
.'
Freeze '
Page 1 of 3
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FOUNTAIN PRODUCT PRICING - CITY CONTROLLED CONCESSIONS
5 gal. Bag in Boxes(BIB) Dr. Peper, Lipton Teas (Sweet, $46.25/BIB
Unsweet, Raspberry), Fruitworks
Punch, Lipton Lemonade
5 gal. Bag in Boxes(BIB) Pepsi, Diet Pepsi, Sierra Mist, Mt. $51.25/BIB
Dew. Mug Root Beer, Slice Orange,
Mt. Dew Code Red
FOUNTAIN PRODUCT PRICING - NON CITY CONTROLLED CONCESSIONS
5 gal. Bag in Boxes(BIB) Dr. Peper, Lipton Teas (Sweet, $65/B I B
Unsweet, Raspberry), -Fruitworks
Punch, Lipton Lemonade
5 gal. Bag in Boxes(BIB) Pepsi, Diet Pepsi, Sierra Mist, Mt. $60/BIB
Dew. Mug Root Beer, Slice Orange, ..
Mt. Dew Code Red
Cups Case Pack Wholesale Cost
16 oz. Paper 1000 $34.00
22 oz. Paper 1000 $40.00
32 ozl Paper 480 $34.00
32 oz. TNG wi Lid & StFaw 150 $50.00
32 oz. Promo wi Lid 250 $48.00
48 oz. Paper 480 $38.00
Lids Case Pack Wholesale Cost
12 oz./16 oz./22 oz. 2000 $28.00
32 oz. 960 $23.00
44 oz. 960 $23.00
':
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Exhibit" B"
Marketing Program Examples
Marketing Support
Pepsi Bottling Group will support Central Winds Park
with annual marketing programs valued at $5,000.00
per year. Program descriptions will be determined by
Central Winds Park needs. Example~ are as follow:
. Sponsorship of local team.
. Sponsorship of tournaments.
. Banners, signage, t-shirts and event items.
. Product Donations
. July 4th sponsorship
. Product sampling when available
Marketing Programs Valued at $5,000 per year
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ATTACHMENT #2
To: Chuck Pula
From: Bob Mark, Profitable Food Facilities (PFF)
Re: Executive Summary of Report for visit May 30-31, 2003
PFF was asked to review the following for the City of Winter Springs (WS):
1. ,Evaluate the concessions operations at Fields of Excellence with respect to profit
potential 'and performance.
2. Review the proposal from Pepsi to assume the role of beverage products supplier
and corporate sponsor in exchange for services and marketing assistance.
J. Weigh the pros and cons of allowing the concessions to be run by an outside'
vendor, as well as a review of the bid proposed by that company (Fred's Franks.)
4. Supply any other suggestions regarding menus, expenses (fOOd and labor,) POS,
staffing and general information pertinent to better understanding the necessary
systems and procedures for a successful food and beverage (fib) operation.
The highlights: )
· Yearly fib losses (8-100,/0 of revenues in recent years) are due mainly to a 45-50%
cost of goods (COG) and 400,/0 labor (wages only.) Both areas of expense ~ be
fixed with a doable and reasonable plan.
· The current high COG is a result of a beverage-driven menu mix (the top four
sellers account for 63% of sales) that is not cost-friendly. COG can be easily be
lowered to an acceptable low-to-mid 30s% by doing the following: ,
o Switch from bottled sodas to fountain (bag-in-the-box concentrate that is
mixed with C02 and water) sodas to reduce the costs by 50% for a single
me!lu item that represents one-fifth of sales.
o Take advantage of better pricing offered by Pepsi and negotiate better
pricing from Best Pops.
o Minor men~ price adjustments on a few key items.
· Lower supplier prices and menu engineering is not a guarantee for low COG.
Concessions management needs to adopt a program based on taslks that
monitor expenses and revenues in a timely fashion, including periodic
inventories designed to reconcile any possible cash or product pilferage.
· High labor is rooted in the manager's rate of pay. An estimated 5-6% can be
regained by aligning management hours closer to business needs rather than
a schedule that is static.
· The fib operation is in a rut, like on autopilot. It cannot be taken to the nen
level until management addresses the above issues and as~es a sense of
ownership that welcomes change and is always looking for the next way to
improve things.
· The Pepsi contract is standard and generally favorable. In exchange for the
scoreboards and mostly fair prices, WS sells its soul to the Pepsi logo.
· The concept of bringing in an outside concessionaire is the easier fix but really
deserves further investigation:
11104 Papoose Court. San Diego. CA' 92127 . email: pff@nctimes.net . 858-675-3733 . 858-675-3055 fax. 888-481-6856 pager
www.profitablefood.com
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o The proposalJbid from Fred's Franks is realistic and reveals dues that they'
understand the nuances of the fib business, which is good. They know
that there is enough money to be made even after paying a cut to WS.
That alone should motivate WS to try it alone one more time. ..
o Fred's Franks is jusfa name for now. Reference checks are in order (who
have they done business with in the past, and what was the outcome, in the
opinion of the client) They must also be seen in action. City employees
should make unannounced visits at venues where Fred's Franks is
currently working before any d~isions are made.
PFF believes that it is 1he wiser move for WS to keep concessions. However, there is a
fine line that separates maximizing profits while still satisfYing (or better yet, exceeding)
the fib anticipations of Park users, and that line is always moving. It is the job of the
concessions manager to watch that line so that expenses are kept to a minimum and
customers are continually getting satisfaction. '
-'lC:. .
The concessions are capable of generating profits in the 5% range at the current volume
level. Any further gairis will be seen through sales building. Sales building is a function
of marlceting and repeat business from Park users. Marketing plans should not be put into
motion until sound accounting basics are in place; this ensures that all the hard work put
forth will not be in vain.
,
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EXCLUSIVE BEVERAGE AGREEMENT
CITY OF WINTER SPRINGS - THE PEPSI BOTTLING GROUP
lHIS AGREEMENT is made this _ day of , 2003 by and between
the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address
is 1126 East State Road 434, Winter Springs, Florida ("City"), and BOTTLING GROUP, LLC,
d/b/a THE PEPSI BOTTLING GROUP, a Delaware limited liability corporation, whose address
is One Pepsi Way, Somers, NY 10589 ("PBG").
RECITALS:
WHEREAS, PBG desires to be the exclusive provider of Products (as defmed below) to the
City's Central Winds Park under the terms and conditions set forth in this Agreement; and
WHEREAS, the City desires to accept such services from PBG under the terms and
conditions set forth in this Agreement
IN CONSIDERATION ofthe mutual covenants and provisions hereof, and other good, and
valuable considerations, the receipt and sufficiency all of which is hereby acknowledged, the parties
desiring to be legally bound do hereby agree as follows:
ARTICLE I
GENERAL PROVISIONS
1.1 Definitions. For purposes of this Agreement, the following terms and words shall have
the meaning ascribed to them, unless the context clearly indicates otherwise.
(a) "Agreement" or "Contract" shall be used interchangeably and shall refer to
this Agreement, as amended from time to time, which shall constitute
authorization for PBG to provide the services stated herein to the City.
(b) "Products" shall mean pre-mix and post-mix fountain, bottled or canned
carbonated and non-carbonated beverages, teas, juices, water, energy drinks
inclusive of chilled coffee, cups, and lids as provided in Exhibit" A" , which
is attached hereto and incorporated herein by this reference and which are
sold under the PepsiCo trademarks.
(c) "Effective Date" shall be the date on which the last signatory hereto shall
execute this A~eement, and it shall be the date on which this Agreement shall
go into effect. The Agreement shall not be effective against any party until
said date.
Page 1 of 11
(d) "Park" shall mean the City of Winter Springs Central Winds Park, consisting
of all facilities currently provided within Central Winds Park and any and all
future expansions of the Park.
(e) "PBG" shall mean Bottling Group, LLC, d/b/a The Pepsi Bottling Group, a
Delaware limited liability corporation or any of its local affiliates.
(f) "Public Record" is as described in Section 119.011(1), Florida Statutes,
(g) "Services" shall include the performance of the Services outlined in Article 2
of this Agreement.
1.2 En~a~ement. The City hereby engages the PBG and PBG agrees to perform the Services
outlined in this Agreement. No prior or present agreements or representations shall be binding upon
any of the parties hereto unless incorporated in this Agreement.
'1.3 Due Diligence. PBG acknowledges that it has investigated prior to execution of this
Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials
and .labor, the cost thereof, the requirements to obtain necessary insurance and coordinate with
utilities if any and as set forth herein, and the steps necessary to complete the Services within the time
set forth herein. The Contractor warrants unto the City that it has the competence and abilities to
carefully and faithfully complete the Services within the time set forth. PBG will perform its Services
with due and reasonable diligence consistent with sound professional practices.
1.4 Term. The term of this Agreement shall commence on July 1, 2003 and expire upon
June 30, 2010, unless sooner terminated as provided herein.
1.5 Exclusivity. During the term of this Agreement the Products provided by PBG,
whether for resale by the City or its concessionaires or sale through vending machines, shall be the
exclusive beverage products of their respective types sold, dispensed or otherwise made available,
or in anyway advertised, displayed, represented or promoted at or in connection with the Park by any
method or through any medium whatspever (including without limitation print, broadcast, direct mail,
coupons, handbills, displays and signage), whether public or private. In no event shall there by
served, dispensed or otherwise made available, or in any way advertised, displayed, represented or
promoted, beverage products licensed by, or produced by bottlers licensed by The Cocoa-Cola
Company or any affiliate thereof.
ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of Services. The Services to be performed under this Agreement are as follows:
Page 2 of 11
(a) PBG shall be the exclusive provider of Products, as provided above, to the
Park during the term of this Agreement and which are resold by City
employees, agents or concessionaires, not including vending machines. The
Products shall be purchased by the City from PBG as needed at the prices
established and provided on Attachment "A". The price of Product maybe
changed from time to time by providing thirty (30) day advanced written
notice to the City.
(b) PBG shall provide the City, at no charge, with appropriate equipment for
dispensing the Products during the term of this Agreement. Title to such
equipment will remain vested in PBG and all such equipment will be returned
to PBG upon termination ofthis Agreement, unless otherwise provided herein.
(c) PBG shall also provide the City, at no charge, service to the PBG equipment
no less than annually. The City may request service calls for maintenance of
the PBG equipment on an as needed basis.
(d) PBG shall have the right to install, at a minimum, two (2) vending machines
at the Park throughout the term of this Agreement. There may be additional
vending machines upon the mutual agreement ofthe parties. The location of
any such vending machine shall be determined by the mutual agreement of
PBG and the Parks and Recreation Director or the director's designee. It shall
be the responsibility of PBG to ensure any such vending machine has an
adequate amount of Products to meet the demand of users ofthe Park. Each
vending machine, any and all monies and Products located in such vending
machine, shall at all times remain the sole property ofPBG. PBG agrees to
bear the risk of loss to any vending machine and any Product or monies
contained therein, and located within the Park from theft or vandalism,
provided however, that in the event of repeated or significant theft, vandalism,
destruction or loss PBG shall have the right to move or remove such vending
machines until adequate protection for such machines can be provided.
( e) PBG shall have the right to have brand identification for each fountain Product
served on all menu-boards and post-mix dispensing valves at the Park
throughout the Term.
(f) The city, its agents or concessIonaires shall only use the post-mix or pre-mix
products for use in preparing the fountain Products; (i) in accordance with the
standards established by Pepsi-Cola Company; and (ii) only for immediate or
imminent consumption and shall not resell the post-mix or pre-mix Products
either to non-affiliated outlets or to consumers in any form other than the
fountain Products.
Page 3 of 11
, .
2.2 Professionalism, PBG shall do, perform and carry out in a professional manner all
Services required to be performed by this Agreement.
2.3 Warranty of Services. PBG hereby warrants unto the City that it has sufficient
experience to properly complete the Services specified herein or as may be performed pursuant to this
Agreement. In pursuit of any Services, PBG shall supervise and direct the Services, using its best
skill and attention and shall enforce strict discipline and good order among its employees and agents.
PBG shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public
authority hearing on the performance of the Services. PBG shall pay all taxes, fees, license fees
required by law, including but not limited to occupational fees and withholding taxes and assume all
costs incident to the Services, except as provided herein.
ARTICLE 3
COMPENSATION
3.1 Commission. Throughout the term, PBG will pay the City a commission equal to
twenty-five (25) percent of all cash actually collected (less sales taxes, applicable license and
recycling fees, if any) from sales of Products through vending machines located at the Park. Payment
of such commission shall be made by PBG to the City on a monthly basis. The initial vending rate
for Products shall be: 200z Gatorade @ $1.25 and for all other 200z beverage products @ $1.00. The
vending rate may be increased or decreased by PBG from time to time upon providing the City with
a thirty (30) day advanced written notice.
3.2 Scoreboard Fund. In consideration ofthe exclusive rights granted in this Agreement,
PBGshall provide funding of up to Twenty-Four Thousand & NOll 00 DOLLARS ($24,000.00) to
purchase outdoor Pepsi-Cola branded scoreboards for use at the Park, Such scoreboards shall become
the property of the City and will be maintained by the City.
3.3 Marketing Support. In further consideration of the exclusive rights granted in this
Agreement, PBG shall provide funding of up to Five Thousand & No/IOO DOLLARS ($5,000.00)
annually, beginning upon the Effective Date ofthis Agreement, for support of mutually agreed upon
marketing programs for the benefit of the PBG and City. Examples of programs to be offered are
provided in Exhibit "B", which is attached hereto and made a part of this Agreement by this
reference.
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection, Upon prior written notice to PBG, the City shall have the right to
inspect and audit at all reasonable times, the books and records ofPBG relating to the sale of Products
at the Park in accordance with this Agreement.
Page 4 of 11
4.2 Services is a Private Undertaking. With regard to any and all Services performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and PBG is such that PBG is an independent contractor and
not an agent of the City. PBG is an independent contractor and not an employee of the City. Nothing
in this Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and PBG, during or after the performance ofthe Services
under this Agreement.
4.3 City's Responsibilities. The City shall cooperate with PBG by:
(a) Designating a person with authority to act on the City's behalf on all matters
concerning the Services being provided hereunder;
(b) Arrange for access to the Park by PBG as necessitated by the Services.
(c) To provide, with the agreement ofPBG, for the location of vending machines
at the Park.
ARTICLE 5
SUBCONTRACTS: ASSIGNMENT
,,5.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, PBG shall not assign, sublet, or, transfer any rights or Services under or interest in
(including, but without limitations, moneys that may become due) this Agreement without the written
consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law
or the effect ofthis limitation may be restricted by law. Unless specifically stated to the contrary in
any written consent to any assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Further, PBG shall not subcontract any portion or all
of the Services without the written consent of the City. Nothing under this Agreement shall be
construed to give any rights or benefits in this Agreement to anyone other than the City and PBG, and
all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of the City and PBG and not for the benefit of any other party.
5.2 Any costs caused by defective or ill-timed Services shall be borne by the party responsible
therefor.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governing Law: Venue. This Contract shall be governed by the law of the State of
Florida. Venue of all disputes shall be properly placed in Seminole County, Florida, The parties
Page 5 of 11
agree that the Agreement was consummated in Seminole County, and the site of the Services is
Seminole County. If any dispute concerning this Contract arises under Federal law, the venue will
be Orlando, Florida.
6.2 PBG Representative. PBG shall designate an individual to act as a representative for
PBG under this Agreement with the authority to transmit instructions, receive information, and make
or interpret PBG's decisions. This person shall be PBG's contract administrator. PBG may from
time to time designate other individuals or delete individuals with the authority to act for PBG under
this Agreement with the authority to transmit instructions, receive information, and make or interpret
the PBG's decisions. All deletions or designation of individuals to serve as a representative shall be
given by written notice.
6.3 Notices. All projects hereunder, all notices, demands, requests, instructions, approvals,
and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by
hand delivery to an individual authorized to receive mail for the below listed individuals, all to the
following individuals at the following locations:
TO THE CITY:
Mr. Ronald W. McLemore
City Manger
City of Winter Springs
1126 East State Road 434
Winter Springs, Fl. 32708-2799
407-327-5957 (Phone)
407-327-6686 (Fax)
TO THE PBG:
Mr. Martin Hainey
Director
The Pepsi Bottling Group
1700 Directors Row
Orlando, FL 32809
407-826-5938 (phone)
407-826-5948 (fax)
Notice shall be deemed to have been given and received on the date the notice is physically received
if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice
shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail
addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth
herein may unilaterally change the name of the person to whom notice is to be given or the address
at which notice is to be received.
Page 6 of 11
6.4 Public Record. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing ofPBG related, directly
to this Agreement, may be deemed to be a Public Record whether in the possession or control ofthe
City or PBG. Said record, document, computerized information and program, audio or video tape,
photograph, or other writing ofPBGis subject to the provisions of Chapter I 19, Florida Statutes, and
may not be destroyed without the specific written approval of the City. Upon request by the City,
PBG shall promptly supply copies of said public records to the City. All books, cards, registers,
receipts, documents, and other papers in connection with this Agreement shall at any and all
reasonable times during the normal working hours ofPBG be open and freely exhibited to the City
for the purpose of examination and/or audit.
6.5 Interpretation. Both the City and PBG have participated in the drafting of all parts of
this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be
interpreted more harshly against either of the parties as the drafter.
6.6 Amendment of A~reement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
6.7 Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable, or tmconstitutional word,
sentence, or paragraph did not exist. '
6.8 Additional Assurances, PBG warrants and represents:
(a) No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Services under this Agreement
is presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily, excluded from participation in any Services required by this
Agreement by any Federal, State, or local governmental commission,
department, corporation, subdivision, or agency;
(b) No principal (which includes officers, directors, or executive), individual
holding a'professionallicense and performing Services under this Agreement,
employee, or agent has employed or otherwise provided compensation to, any
employee or officer of the City; and
(c) No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this Agreement,
employee or agent has willfully offered an employee or officer of the City any
pecuniary or other benefit with the intent to influence the employee or officer's
official action or judgment.
Page 7 of 11
6.9 Attornev's Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees.
6.10 Entire Aereement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements, either oral
or written, and all such matters shall be deemed merged into this Agreement.
6.11 Sovereien Immunity. Nothing contained in this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed regarding the City's potential liability under state or federal law.
6.12 Rieht-of-First-Refusal During the term ofthe Agreement, PBG shall have the right of
fIrst refusal to match 'any offer made to the City by any third party with respect to the supply of
Products to the Park, provided however, that PBG is not in default of this Agreement nor has the City
exercised its option to terminate. This right of fIrst refusal shall in no way affect the City's right to
terminate this Agreement pursuant to Article 9.
Notwithstanding the foregoing, no sooner than seven (7) months nor later than six (6) months,
prior to the natural expiration ofthis Agreement, PBG may request the City to enter into negotiations
for the renewal of this Agreement. lfthe City agrees to enter into negotiations for renewal, the parties
may mutually agree on the terms and conditions for renewal within sixty (60) days of the City's
consent to negotiate, as provided herein. If PBG fails to request renewal negotiations, if the City
denies such request, or the parties fail to reach an agreement within the time specifIed, this provision
shall terminate.
ARTICLE 7
TIME
7.1 Time of the Essence. PBG acknowledges and agrees that time is of the essence for the
completion of the Services to be performed under this Agreement.
ARTICLE 8
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
8.1 Worker's Compensation. Upon the effective date of this Agreement, PBG shall
provide proof of worker's compensation insurance in the minimum amount required by law (if
required).
8.2 General Liability. Upon the effective date of this Agreement, PBG shall submit proof
of general liability insurance to cover claims for general liability because of bodily injury or death of
any person or property damage arising out of this Agreement or any Services provided hereunder.
The insurance shall have minimum limits of coverage of$I,OOO,OOO.OO per occurrence.
Page 8 of 11
:'.
8.3 Insurance Requirements. This paragraph shall be applicable to Sections 8.1 and 8.2 The
insurance required by this Article shall include the liability and coverage provided herein, or as
required by law, whichever requirements afford greater coverage. All ofthe policies of insurance so
required to be purchased and maintained for the certificates (or other evidence thereof) shall contain
a provision or endorsement that the coverage afforded will not be canceled, materially changed or
renewal refused until at least thirty (30) days' prior written notice has been given to the City and PBG
by certified mail, return receipt requested. All such insurance shall remain in effect during the term
of this Agreement. Unless agreed to by the City to the contrary, the City shall be named on the
foregoing insurance policies as "additional insured." PBG shall cause its insurance carriers to furnish
insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the
expiration dates of such policies, and a statement that no insurance under such policies will be
canceled without thirty (30) days' prior written notice to the City in compliance with other provisions
of this Agreement. For all Services performed pursuant to this Agreement, the Contractor shall
continuously maintain such insurance in the amounts, type, and quality as required by Sections 8,1
and 8.2, In the event PBG fails to maintain said insurance, the City, at its option, may elect to
terminate this Agreement without penalty by written notice to PBG,
8.4 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, PBG agrees to the fullest extent permitted by law, to indemnify and hold harmless the
City and its employees, officers, and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reaSonable attorney's fees), directly
or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out
of or resulting from PBG's performance of any Services provided pursuant to this Agreement.
The indemnification provided above shall obligate PBG to defend at its own expense or to
provide for such defense, at the option of the City, as the case may be, of any and all claims of
liability and all suits and actions of every name and description th,at may be brought against the City "
or its employees, officers, and attorneys which may result from the Services under this Agreement
whether the Services be performed by PBG or anyone directly or indirectly employed by them. In all
events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall
be reasonable and subject to and included with this indemnification provided herein. This paragraph
8.4 shall survive termination ofthis Agreement.
8.5 Standard of Care, In performing its Services hereunder, PBG will use that degree of
care and skill ordinarily exercised, under similar circumstances by reputable members of its
profession practicing in the same or similar locality.
ARTICLE 9
TERMINATION OF THE CONTRACT
9.1 Termination For Cause. Either party may terminate this Agreement ifthe other commits
a material breach ofthe Agreement; provided, however, that the terminating party has given the other
party sixty (60) days advance written notice and opportunity to remedy the breach.
Page 9 of 11
:.
9.2 Termination For Convenience. Either party may terminate this Agreement for
convenience, without penalty other than as provided in this sub-section, by providing one-hundred
eighty (I 80) days advance written notice of termination to the other.
(a) Where the Agreement is terminated for convenience by PBG, to the extent Services
have been performed by PBG, the City shall pay PBG, as full payment for all Services
performed and all expenses incurred, the sums that are actually due and owing to
PBG for Product delivered to the City for resale through termination, and PBG shall
pay to the City all commissions earned from sales of Product from vending machines
through termination. The City shall have no obligation to reimburse any ofthe monies
expended for the purchase of scoreboards in the Park.
(b) Where the Agreement is terminated for convenience or cause by the City to the extent
Services have been performed by PBG, the City shall pay PBG, as full payment for
all Services performed and all expenses incurred, the sums that are actually due and
owing to PBG for Product delivered to the City for resale through termination, and
PBG shall pay to City all commissions earned from sales of Product from vending
machines through termination. The City shall reimburse to PBG a portion of the
monies provided for the purchase of scoreboards in the Park. The amount of such
reimbursement shall ,be determined by multiplying the scoreboard fee paid by a
fraction, the numerator of which is the number of months remaining in the term at the
time of such termination and the denominator of which is eighty-four (84).
-9.3. Expiration. Upon expiration oftheterm of this Agreement, if the City has not entered
, into a further agreement with PBG for the purchase of Products, the City shall surrender to PBG all
equipment installed in the Park for the serving or dispensing of such product. Upon mutual agreement
of the parties, the City may purchase such equipment at the current fair market value of such
equipment.
9.4 Waiver. Failure of either party to insist upon performance within anytime period or upon
a proper level or quality of performance shall not act as a waiver of the either party's right to later
claim a failure to perform.
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
Witnesses
CITY OF WINTER SPRINGS, FLORIDA
r t Name:~a."It.t..
<- ~.~
PrintN e:~~~-~
By:
~~~~
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RonallW. McLemore
Title: City Manager
Dated: July 24. 2003
Witnesse~
Print Name: ~tJ~ SALt'}. 7M .
BOTTLING GROUP, LLC,
d/b/a THE PEPSI BOTTLING GROUP (pBG) .
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~e: \-\:A.~ bo..ja~c....
~~dPt!d:: M~
Title: Dll..CLTOfL 01\,) PLEu l~ 5A~
Dated: 6/l6/05
I l
F:\Docs\Cily of Winter Sprlngs\Pepsl BottUng\Agreement\Pepsl_Agreement_ 061303.wpd
Page 11 of 11
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Exhibit "A"
Central Winds Park Pricing Of Bottled and Cannedl Products
Effective 2003
Package Products Available Price/Case or
Gallon
100z NR Bottles CSD Pepsi, Diet Pepsi $10.75/24
120z Cans CSD See Attached $ 7.50/24
200z Non Carb Fruitworks, Lipton $16.95/24
200z Isotonic Allsport $13.50/24
200z PET CSD See Attached $16.95/24
200z PET Water Aquafina $ 7.95/24
1.5L PET Water Aquafina $ 7.95/15
Chilled Coffee Starbuck $10.75/12
160z PET Juices Dole $ 9.55/12
Energy Products Starbucks Double Shot, SoBe $31.95/24
Adrenaline Rush, Dew Amp
SoBe 200z Glass Various $11.10/12
GATORADE Fruit Punch, Lemon Lime, Orange, . $18.00/24
Strawberry Ice, Riptide Rush, Glacier
Freeze
Page 1 of 3
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FOUNTAIN PRODUCT PRICING - CITY CONTROLLED CONCESSIONS
5 gal. Bag in Boxes(BIB) Dr. Peper, Lipton Teas (Sweet, $46.25/BIB
Unsweet, Raspberry), Fruitworks
Punch, Lipton Lemonade
5 gal. Bag in Boxes(BIB) Pepsi, Diet Pepsi, Sierra Mist, Mt. $51.25/BIB
Dew. Mug Root Beer, Slice Orange,
Mt. Dew Code Red
FOUNTAIN PRODUCT PRICING - NON CITY CONTROLLED CONCESSIONS
5 gal. Bag in Boxes(BIB) Dr. Peper, Lipton Teas (Sweet, $65/BIB
Unsweet,. Raspberry), Fruitworks
Punch, Lipton Lemonade
5 gal. Bag in Boxes(BIB) Pepsi, Diet Pepsi, Sierra Mist, Mt. $60/BIB
Dew. Mug Root Beer, Slice Orange,
Mt. Dew Code Red
Cups Case Pack Wholesale Cost
16 oz. Paper 1000 $34.00
22 oz. Paper 1000 $40.00
32 ozl Paper 480 $34.00
32 oz. TNG wi Lid & Straw 150 $50.00
32 oz. Promo wi Lid 250 $48.00
48 oz. Paper 480 $38.00
Lids Case Pack Wholesale Cost
12 oz.l16 oz.l22 oz. 2000 $28,00
32 oz. 960 . $23.00
44 oz. 960 $23.00
"
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Exhibit" B"
Marketing Program Examples
Marketing Sugport
Pepsi Bottling Group will support Central Winds Park
with annual marketing programs valued at $5,000.00
per year. Program descriptions will be determined by
Central Winds Park needs. Examples are as follow:
. Sponsorship of local team.
. Sponsorship of tournaments.
. Banners, signage, t-shirts and event items~
. Product Donations
,. July 4th sponsorship
. Product sampling when available
Marketing Programs Valued at $5,000 per year
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