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Item C33 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20.21. 2001 Division: Public Works Bulk Item: Yes -X- No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to declare a tenninated agreement with Pepsi Cola for the vending drinks at Harry Harris Park and Key Largo Community Park,and authorization to receive quotations from other vending companies. ITEM BACKGROUND: Monroe County BOCC and Pepsi Cola entered into an agreement whereas scoreboards would be provided to the Parks in exchange for a two year period exclusive sales privilege for chilled beverages. Effective April 2 I, 2001, Pepsi Cola discontinued full-service routes to the Florida Keys, and the vending machine's beverages have yet to be replenished, PREVIOUS REVELANT BOCC ACTION: On September 8, 1999 BOCC granted approval and authorized execution of an Agreement with Pepsi Cola to provide refreshments and scoreboards at the Key Largo Community Park and Harry Harris Park. CONTRACT/AGREEMENT CHANGES: Terminate Agreement effective April 21, 2001. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A BUDGETED: Yes Nt A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes No X AMOUNTPERMONm_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ ITEM PREPARED BY: . King, Acti~r Key, Operatinn' DIVISION DIRECTOR APPROVAL: ~~ V / k / e::? / . Dent Pierce, Director of Public Works DOCUMENTATION: Included X To Follo\\'_ Not Required_ DISPOSITION: AGENDA ITEM #~ Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Pepsi Cola Contract # Effective Date: September 8, 1999 Expiration Date: April 21, 2001 Contract Purpose/Description: Terminate Lease with Pepsi Cola for the vending machines located at the Key Largo Communitv Park and Harrv Harris Park. Contract Manager: Ann Mytnik 4431 Facilities Maint/Stop 4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 06/20/01 Agenda Deadline: 06/06/01 CONTRACT COSTS Total Dollar Value of Contract: $ N/A Budgeted? YesD No D Account Codes: Grant: $ N/ A County Match: $ N/ A Current Year Portion: $ N/ A - - - ---- - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $N/ A/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Division Director ({I fo 1 '0 I Risk Manage~ent ltr SOl ~~~{fl{P'()1 County Attorney 4/, ~I Changes Needed ~ n Reviewer YesDNolZf IJt'OO YesDNo~C0l. ~-~- j}b YesD NOr::!Y..;j!o; j A Q !To ~ YesDNo~~ Date Out b- I( - DI Comments: OMB Fonn Revised 2/27/01 MCP #2 AMENDED AGREEMENT (To provide refreshments and scoreboards at the Key Largo Community Park, and Harry Harris Park) THIS Amendment is made and entered into this 20th day of June 2001, between the COUNTY OF MONROE and PEPSI COLA, in order to amend the agreement Approved by the BOCC on September 8, 1999 (a copy of which is incorporated hereto by reference) as follows: . '.... " , "~ I _ " .. . I,. .r~';.,.(. t... . , 1. Monroe County .BOCC declares the original lease. approved September 8, 1999 terminated as of April 21, 2001 due to the discontinuance of full-service provided by Pepsi Cola. 2. Pepsi Cola shall retrieve all vending machines owned by them located at Key Largo Community Park and Harry Harris Park. 3. In accordance to the second sentence of Item lOin the original agreement approved September 8, 1999, ownership of the scoreboards and controls shall remain with the BOCC. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Witness PEPSI COLA By:.. . ,', " ., Witness Title i!,.i V i ~ ':. April I?, 2001 Dear Business Partner: Pepsi values our relationship as business partners, and is always looking tor ways to improve our relationship. For this reason we would like to make you aware of the following changes. Hopefully, these changes will be beneficja] to you, as well as for Pepsi Bottling Group. Pepsi has decided to make the following adjustments to our business operations in the Keys. Effective April 21 ~t of this year. we will discootinue our full-service route in the Keys. However, our products will be available through our single-channel program. Remember that Pepsi wants to make this transition easy for you. That is why we are communicating this infonnation directly to you. Enclosed you will find infonnation On our brands, packages and pricing structure. We appreciate your comprehensiveness, and value your comments. We appreciate any suggestions you may have, and encourage your questions. Thank you for allowing Pepsi to be your business partner, simultaneously growing your business, as well as ours. We will continue to be committed to you by providing consistent service. Sincerely, Cesar Del Carpio New Business Sales Representative ,. '! ',.' ,\ ., ,. . 'oI'tJ . ~.... .J.. oJ ,.. \ .~. Agreement Between: The Monroe County Board of County Commissioners Key West, Florida Being the party of the first part and also referred to hereinafter. as the BaCC. , And: Pepsi Cola Miami. Florida Being the party of the second part and also referred to hereinafter a:J the Supplier. Whereas the Monroe County Board of County Commissionel'~ (BaCC) is desirous of obtaining electronic scoreboards for the baseball fields in the Key ~go Community Park and the Harry Harris Park, hereinafter referred to as the Parks. and " Whereas the DOCC wishes to make available chilled beverages for purchase at these parks, and Whereas an offer has been made to tllc HaeC to provide scoreboards to the Parks in exchange for a limited time exclusive sales privilege in the aforesaid Parks Therefore, is this Agreement executed with the itemized terms and conditions as follows: Item 1. Monroe Co. BOee agrees to exclusive right of Pepsi to vend drinks at Harry Harris Park and Key Largo Community Park. for two years from the date of signing of this Agreement Item 2. Monroe Co. BaeC agrees to provide, at no cost to Supplier, placement space and electricity for the vending machines and in addition agrees to provide water to Supplier's beverage dispensing machines if used. Item 3. Monroc Co. HOCC will provide installation and maintenance of the scoreboards and controller wiring, except that in the event of catastrophic loss of any of the scoreboards during the two year period of exclusive sales discussed in item I., Supplier ngrees to replnce the scoreboards. Item 4. Monroe Co. Baec agrees to allow display of the Aqua Fina logo on or under the scoreboards, size not to exceed 4 feet by 5 feet. Item S. Supplier agrees to purchase and deliver 2 baseball scoreboards wic.h controls and control wires of a previously agreed make and model for each of the Parks. r r , . ~~!'p'i~~>' '.Vt~f '!":., ..:3 .' "';':~~i "'~'..:, , I '.ih'ft. .:; (I\.\j ',,,,:: \ , ""'i~;t.~t'. i"',:",, \;.,I.\~ ','1.;", t. \ Item 6. Supplier agrees to provide, stock, and maintain an equal number of carbonated and non-carbonated ven.ding machines at each of the Parks adequate to Rccommodate the number of persons using the Parks. Item 7. Supplier agrees to pay to the BOeC a commission of fifty percent (50%) of the gross sales of non-carbonated beve:-ages. Machine vended bottles of non- carbonated beverages shall be priced at one dollar ($1.00) per-20 fluid ounce container. Item 8. Supplier agrees to pay to the BOeC a commission of forty percent (40%) of the gross sales of all carbonated beverages. Machine vended bottles of carbonated beverages shall be }Jli\:ca at seventy-fiv~ ccn~~ ($0.75) per 20 fluid ounce container. Item 9. Supplier agrees to provide "as needed", at no charge to thc BOee, maintained and stocked by Supplier with Supplier's prqduct, any of the fOllowing beverage vending or dispensing units: 8 or 6 flavor ice/drink combo machines with flavor sold to concession at $401bag 20 oz bottle vcndors with COmmissions as detailed in Item 7 and Item 8 12 oz can venders with COmmission at 25% Special Events Premix units- BIB (Bag In Box) racks and pumps. Visi-coolers Item 10. Terms of this agrce~ent following the intial two years discussed in Item 1. '." . continue until 30 calendar days following written notification delivered by (.~r.. .' ~ "; . of either party to the other of a desire to terminate this Agreement in its hip of the scoreboards and controls shall remain with the BOCC. Board of County Commissioners of Monroe County, Florida By\':':::;':' ~,~........ ----~ Mayor/Chairman (seal) Attest: :d.: ..(t. ;ji ,!;; '~~\ 8 Pepsi BY~~ Title C), f ~(' o~ D"'- ~ ~') ..L By