HomeMy WebLinkAboutR-2005-044 Coca-Cola Bottling Co. of Yakima & Tri-CitiesRESOLUTION NO. R -2005-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
"Exclusive Marketing and Sponsorship Agreement" between the
City of Yakima and Coca-Cola Bottling Co. of Yakima & Tri -Cities
to provide beverages and related goods to the City to be sold at the
Gateway Sports Complex and Fisher Park Golf Course.
WHEREAS, the City of Yakima needs electronic scoreboards for the newly
developed Gateway Sports Complex; and
WHEREAS, the City also desires to sell beverages at the Gateway Sports
Complex; and
WHEREAS, the City requested proposals from beverage companies to provide
said scoreboards and to supply beverages and related goods to be sold at the Gateway
Sports Complex; and
WHEREAS, Coca-Cola Bottling Co. of Yakima & Tri -Cities submitted a proposal
to supply an electronic scoreboard and electronic message center for the Gateway
Sports Complex in exchange for exclusive marketing and sponsorship privileges
concerning beverage sales at both the Gateway Sports Complex and Fisher Park Golf
Course; and
WHEREAS, the City is willing to grant certain exclusive marketing and
sponsorship privileges to Coca-Cola Bottling Co. of Yakima & Tri -Cities in accordance
with the terms and conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize execution of an agreement with Coca-Cola Bottling Co. of Yakima
& Tri -Cities, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute an agreement in
a form substantially similar to the attached "Exclusive Marketing and Sponsorship
Agreement" between the City of Yakima and Coca-Cola Bottling Co. of Yakima & Tri-
Cities to provide beverages and related goods to the City to be sold at the Gateway
Sports Complex and Fisher Park Golf Course. The final form of the agreement shall be
subject to the approval of the City Attorney.
ADOPTED BY THE CITY COUNCIL this 1St day of March, 2005.
ATTEST:
Paul P. George, Mayor
City Clerk
EXCLUSIVE MARKETING AND
SPONSORSHIP AGREEMENT
THIS EXCLUSIVE MARKETING AND SPONSORSHIP AGREEMENT (hereinafter the "Agreement")
is entered into by and between the City of Yakima, a municipal corporation (hereinafter the
"City"), and the Coca-Cola Bottling Co. of Yakima & Tri -Cities, a Washington corporation
(hereinafter "Sponsor").
WHEREAS, the Sponsor desires certain exclusive marketing and sponsorship privileges
concerning beverage sales at Gateway Sports Complex and Fisher Golf Course (both of which
are owned and operated by the City) (the "Facilities").
WHEREAS, the City is willing to grant certain exclusive marketing and sponsorship
privileges to the Sponsor for said Facilities in accordance with the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
agreements provided herein, the City and the Sponsor agree to the following:
1. Definitions.
a. "Beverages" means all non-alcoholic beverages of any kind sold at the City's Gateway
Sports Complex and Fisher Golf Course, and all beverage bases from which said beverages can
be prepared; provided, however, that beverages does not include non-alcoholic beverages and
beverage bases that are dairy and dairylike products (i.e., milk, yogurt drinks), nor does it
include coffee beverages; provided, further, that these stated exceptions to the definition of
"beverages" do include and/or apply to any products manufactured, licensed and/or distributed
by PepsiCo, Inc., and/or any affiliate, licensee and/or joint venture thereof.
b. "Concession sales" means all beverages sold at the City's Gateway Sports Complex
or Fisher Golf Course, except for beverages sold from the Sponsor's vending machines.
c. "Equipment" means all equipment provided by the Sponsor for the Gateway Sports
Complex or Fisher Park Golf Course under this Agreement.
d. "Vending sales" means any beverages sold from the Sponsor's vending machines
located at the City's Gateway Sports Complex or Fisher Golf Course.
2. Term of Agreement.
a. General Term of Agreement. This Agreement shall commence on , 2005, and
shall terminate at midnight, , 2015, but subject to the Sponsor's right of first refusal
under Section 2(b). Additionally, either party may terminate this Agreement at an earlier time in
accordance with Section 3, or the City may terminate earlier in accordance with Section 22 or
24.
b. Right of First Refusal. If at or near the end of the ten-year term of this Agreement, a
different beverage provider/distributor offers the City a written proposal to provide beverages,
related equipment, and other services under terms and conditions that are equal to or better
than those provided in this Agreement, the City shall provide a copy of said written proposal to
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the Sponsor and the Sponsor shall have fifteen (15) calendar days from receipt of said
information from the City to offer a written proposal that is equal to or better than the other
proposal. If the City determines that the Sponsor's proposal is "equal to or better than the other
proposal," then the City shall execute a new Marketing and Sponsorship Agreement with the
Sponsor in accordance with terms and conditions of the Sponsor's proposal.
3. Termination of Agreement.
a. Termination for cause. Either party may terminate this Agreement upon thirty (30)
days' written notice to the other party in the event that said other party is in default and fails to
cure such default within that thirty (30) day period, or such longer period as provided by the non -
defaulting party. The notice of termination shall state the reasons therefore and the effective
date of the termination.
b. Termination without cause. The City may terminate this Agreement at any time
without cause upon thirty (30) days' written notice to the Sponsor. In the event of such
termination, and in consideration of the expenditures made by the Sponsor in carrying out its
obligations and duties under this Agreement, the City shall pay the Sponsor a "buy-out fee" that
shall be calculated at the rate of Five Thousand Dollars ($5,000.00) on a pro -rata basis for each
year and/or portion of a year that is remaining of the ten (10) year term of the Agreement.
c. Termination by the City under Sections 22(c) or 24. The City may also terminate this
Agreement in accordance with Section 22(c) (Severability Section) or Section 24 (Appropriation
Section). In such event, the City shall not be obligated to pay the "buy-out fee" described in
Section 3(b), nor shall the City forfeit its right to ownership of the special equipment described in
Section 5(b) in the event that this provision applies.
4. Marketing Privileges. To the extent it is legally permitted to do so, the City grants the
Sponsor the following marketing privileges during the term of this Agreement:
a. Exclusive provider of beverages. The Sponsor shall be the exclusive provider of all
beverages sold at the City's Gateway Sports Complex and Fisher Golf Course.
b. Exclusive beverage promotional privileges. The Sponsor shall have the exclusive
privilege to market and promote beverages in connection with the City's Gateway Sports
Complex and Fisher Golf Course (including recognition of the Sponsor on the panels of
equipment provided by the Sponsor and changing of existing panels on all scoreboards and
reader boards located at the Gateway Sports Complex to reflect the Sponsor's logo). If the City
cannot legally recognize the Sponsor on said scoreboards and/or reader boards (for example, if
prohibited from doing so under the Yakima Sign Code (YMC Chapter 11.08)), then the City shall
work with the Sponsor to find mutually agreeable and legally permitted alternate locations for
displaying recognition of the Sponsor.
c. Prominent display of beverage trademarks. At its discretion, the Sponsor may
prominently display its beverage trademarks on each menu board and beverage vending
machine at the Gateway Sports Complex and Fisher Golf Course.
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5. Equipment Provided by Sponsor.
a. Equipment. In consideration of the exclusive marketing and sponsorship privileges
granted by the City to the Sponsor under this Agreement, the Sponsor shall provide the following
equipment to the City:
Gateway Sports Complex
• Two (2) one -door coolers/refrigerated display cases of type and size
approved by the City's designated representative.
• Two (2) lit menu boards of type and size approved by the City's designated
representative.
• Two (2) or three (3) clocks.
• Two (2) post mix fountains of type and size approved by the City's
designated representative.
• Three (3) ice barrels.
• One (1) ice machine (Manitowoc Q-600 with S-570 Bin or other type/model
with approval of the City's designated representative).
• Beverage vending machine(s) of a type, size and number determined by
mutual agreement of the City and the Sponsor.
• Banners promoting upcoming events at the Kiwanis Park Softball Complex
of a type, size and number determined by mutual agreement of the City and
the Sponsor.
• Signs (i.e., neon, replica antique).
Fisher Park Golf Course
• One (1) two -door cooler/refrigerated display case of type and size approved
by the City's designated representative.
• One (1) clock.
• Upon request of the City, one (1) post mix fountain of type and size
approved by the City's designated representative.
• Upon request of the City, one (1) ice machine (Manitowoc Q-600 with S-570
Bin or other type/model with approval of the City's designated
representative).
• Beverage vending machine(s) of a type, size and number determined by
mutual agreement of the City and the Sponsor.
The Sponsor shall remain the owner of all equipment provided to the City pursuant to
this subsection. Upon termination of this Agreement, the City shall provide the Sponsor with
reasonable access at a reasonable time so that the Sponsor can pick up said equipment at its
expense.
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b. Special equipment. In further consideration of the exclusive marketing and
sponsorship privileges granted by the City to the Sponsor under this Agreement, the Sponsor
shall provide the following special equipment to the City:
• A Daktronics model BA -618 PanaView Scoreboard with 18" LED digits,
wireless remote with privilege panels. The logo of both the Sponsor and the
Gateway Sports Complex shall be displayed on said panels. The design of
the panels (including the color of panels and placement and size of said
logos) shall involve input from and be subject to the approval of the City's
designated representative. Its overall dimensions shall be _' (length) x _'
(vertical height) x ' (width). The Scoreboard shall be installed by the
Sponsor at a location decided by the City. The City shall provide all
electrical wiring and apparatus necessary for the Scoreboard to be installed
at the desired location.
• A 2 -sided 3'3" x 9'8" Electronic Message Center with 3 -line, 16 -character -
per -line LED with a 2' x 9'8" backlit custom panel. The logo of both the
Sponsor and the Gateway Sports Complex shall be displayed on said panel.
The design of the panel (including the color of the panel and placement and
size of said logos) shall involve input from and be subject to the approval of
the City's designated representative. The Scoreboard shall be installed by
the Sponsor at a location decided by the City. The City shall provide all
electrical wiring and apparatus necessary for the Scoreboard to be installed
at the desired location.
Upon installation and successful testing of the above special equipment, the City shall become
the owner of the special equipment.
6. Wholesale Pricing of Beverages and Related Goods. The Sponsor shall provide the
City with beverages, beverage cups and lids, post -mix syrup, and related goods and products
under this Agreement in accordance with the following pricing schedule:
5.2 Packages Case Prices Unit Cost
20oz CSD $14.00 .58
20oz PowerAde $18.00 .75
20oz Dasani water $14.00 .58
20 oz MM Blends $18.00 .75
15.2oz Teas (Nestea) $20.00 .75
15.2oz Juices (Minute Maid) $21.00 .88
32oz PowerAde $10.00 ,83
Red Bull $32.00 $1.33
1 Liter Dasani water $10.00 .83
5 gal BIB - $55.00+$5.00 beverage tax=$60.00 .015 per oz
2.5 gal BIB - $29.25+$2.50 beverage tax=$31.75 .017 per oz
2.5 gal NCB BIB $29.25 .015 per oz
22oz Cups $53.00 .053
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32oz Cups
44oz Cups
44oz Lids
16oz Lids
Co2 & deposit
*Note CSD - Carbonated Soft -Drinks, i.e.
NCB - Non -Carbonated Drinks, i.e.
MM - Minute Maid
BIB - Beverage in a Box
$42.00
$46.80
$31.80
$37.60
$12.00/$10.00
- Coke, Sprite, Diet Coke
- Juices, PowerAde, Water
. 0875
. 0975
.03
. 02
Due to possible increases in the cost of such goods and products, the Sponsor reserves the
right to increase wholesale pricing on an annual basis. Any such increase shall not exceed three
percent (3%) per year.
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7. Commission Percentage and Payment.
a. Commission Percentage. The Sponsor shall pay the City a commission on the
sale of all beverages from all beverage vending machines located at Gateway Sports Complex
and Fisher Park Golf Course. Said commission shall be based on percentage of the gross
receipts, excluding state sales tax, received from said sales in accordance with following
commission rate structure:
• 12 ounce carbonated soft drinks 30%
• 12 ounce non -carbonated drinks 17%
• 20 ounce carbonated soft drinks 35%
• 16 or 20 ounce non -carbonated drinks
25%
b. Payment Due Date. The Sponsor shall pay the City the commission percentage
payment referred to in Section 7(a) on or before the thirtieth (30th) day of each month, or the
next business day if the 30th day occurs on a weekend. The Sponsor shall remit, with the
commission percentage payment, to the City by the thirtieth (30th) day of each month or the next
business day if the 30th day occurs on a weekend, a detailed itemization of the gross receipts
collected, sales tax amount and percentage due the City.
8. Monitoring and Stocking of Beverage Inventory in Vending Machines. The Sponsor
shall regularly monitor and stock as needed the beverage inventory in the vending machines to
ensure that that vending machines are, to the extent reasonably possible, in adequate supply of
beverages at all times.
9. Account Representative. Sponsor shall assign one account representative to work with
the designated City representative to ensure a consistent working relationship between the
Sponsor and the City.
10. Maintenance of Equipment.
a. General maintenance and availability for service calls. The Sponsor shall, at no cost
to the City, upgrade, maintain and service all equipment provided hereunder during the term of
this Agreement. This maintenance and service shall include but not be limited to: guaranteed
responses to service or out -of -product calls within twenty-four (24) hours of placement of call;
dispatching of service technicians shall be available 7 a.m. to 4 p.m., Monday through Friday,
and through a twenty-four (24) hour answering service otherwise; and the provision of annual
inspections of fountain equipment as recommended by the manufacturer and as required to
meet all county, state and other applicable health codes, regulations and laws.
b. Cleaning and pest control. At least twice during each year of this Agreement, the
Sponsor shall disconnect and move its beverage vending machines and other equipment in
order to clean and conduct pest control on and around said vending machines and equipment.
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The Sponsor shall coordinate with the City's representative to ensure that such cleaning and
pest control is done at a time that is reasonably convenient to the City.
c. Damage to equipment. If any of the equipment other than special equipment
that is provided by Sponsor under this Agreement is damaged by any cause other than due to
the negligence of the City, its employees or agents, the Sponsor shall, at its sole cost and
expense, restore the equipment to a condition equivalent to or better than their condition
immediately prior to such damage, or replace it with equipment that is equivalent to or better
than the equipment being replaced.
d. Responsibility for special equipment. The Sponsor shall provide general and normal
maintenance and servicing of the special equipment provided to the City under this Agreement.
Such maintenance and servicing shall include but not be limited to bulb replacement, cleaning
and similar items and service. Beyond such general and normal maintenance and servicing, the
City shall be solely and exclusively responsible for damage and/or destruction to said special
equipment.
11. Utilities. The City shall provide water and electricity necessary for operation of the
equipment provided under this Agreement; provided, however, that the City does not guarantee
the uninterrupted supply of water and/or electricity to said equipment, and the parties agree
that the City shall not be responsible for any damage to such equipment and/or beverages
contained therein that result from any interruption and/or failure in such utility services.
12. Maintenance of Records and Inspections. The Sponsor shall maintain (in accordance
with generally accepted accounting practices) books, accounts, records, documents and other
materials related directly or indirectly to the costs, expenses and revenues incurred or
generated under this Agreement. All such books, accounts, records, documents and other
materials shall be subject to inspection and audit at reasonable times by representatives of the
City and/or of the Washington State Auditor. The Sponsor shall make such books, accounts,
records, documents and other materials available and afford the proper facilities for such
inspection and/or audit within forty-eight (48) hours of inspection/audit notification from City
representatives and/or the Washington State Auditor. Such books, accounts, records,
documents and other materials may be copied by representatives of the City and/or of the
Washington State Auditor as part of such an inspection/audit. The Sponsor shall preserve and
make available all such books, accounts, records, documents and other materials for a period of
at least three (3) years after termination of this Agreement.
13. Status of Sponsor. The Sponsor and the City understand and expressly agree that the
Sponsor is an independent contractor in the performance of each and every part of this
Agreement. No officer, employee, volunteer, and/or agent of the Sponsor shall act on behalf of
or represent him or herself as an agent or representative of the City. The Sponsor, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing
the services required under this Agreement. The Sponsor expressly represents, warrants and
agrees that its status as an independent contractor in the performance of the work and services
required under this Agreement is consistent with and meets the six -part independent contractor
test set forth in RCW 51.08.195. The Sponsor and its officers, employees, volunteers, agents
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and/or subcontractors shall make no claim of City employment nor shall claim against the City
any related employment benefits, social security, and/or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or
agency between the Sponsor and the City.
14. Taxes and Assessments. The Sponsor shall be solely responsible for compensating its
officers, employees and agents, and for paying all related taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury, and other deductions from income which may be required
by law or assessed against either party as a result of this Agreement. In the event the City is
assessed a tax or assessment as a result of this Agreement, the Sponsor shall pay the same
before it becomes due.
15. Nondiscrimination Provision. During the performance of this Agreement, the Sponsor
shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital
status, political affiliation, or the presence of any sensory, mental or physical handicap. This
provision shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training, and the provision of services under this Agreement.
16. The Americans with Disabilities Act. The Sponsor shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and
Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
17. Compliance With Law. The Sponsor agrees to perform all work/services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local, or otherwise.
18. No Conflict of Interest. The Sponsor covenants that neither it nor its employees have
any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance of this Agreement. The Sponsor further
covenants that it will not hire anyone or any entity having such a conflict of interest during the
performance of this Agreement.
19. Insurance.
a. Liability Insurance. On or before the date this Agreement is fully executed by the
parties, the Sponsor shall provide the City with a certificate of insurance as proof of liability
insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single
limit bodily injury and property damage. The certificate shall clearly state who the provider is,
the amount of coverage, the policy number, and when the policy and provisions provided are in
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effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name
the City, its elected officials, officers, agents, and employees as additional insured and shall
contain a clause that the insurer will not cancel or change the insurance without first giving the
City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance
company or a company rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
b. Industrial Insurance. The Sponsor shall comply with the provisions of RCW Title 51,
Industrial Insurance. During the duration of this Agreement, the Sponsor shall provide or
purchase industrial insurance coverage for its employees, as may be required of an "employer"
as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51.
c. City does not provide insurance for Sponsor. It is understood the City does not
maintain any form of insurance for the Sponsor, its officers, employees, volunteers, and/or
agents.
d. Survival. The provisions of this Section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or termination.
20. Indemnification and Hold Harmless.
a. The Sponsor agrees to protect, defend, indemnify, and hold harmless the City, its
officers, elected officials, employees and agents from any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including reasonable attorney's fees and disbursements) resulting from any negligent
act and/or omission of the Sponsor, its officers, employees, volunteers, agents, and/or
subcontractors, arising out of the performance of this Agreement.
b. In the event that both the Sponsor and the City are negligent, the Sponsor's liability
for indemnification of the City shall be limited to the contributory negligence for any resulting
suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable
attorney's fees) that can be apportioned to the Sponsor, its officers, employees, volunteers,
agents, and/or subcontractors.
c. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of the Sponsor's immunity under Washington's Industrial Insurance Act, RCW Title 51, as
respects the other party only, and only to the extent necessary to provide the indemnified party
with a full and complete indemnity of claims made by the Sponsor's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
e. This Section of the Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
21. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Sponsor to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an
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assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
the Sponsor stated herein.
22. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and enforced as
if the Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory provision of
the State of Washington, that provision which may conflict shall be deemed inoperative and null
and void insofar as it may conflict and shall be deemed modified to conform to such statutory
provision.
c. Should the City determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists, the City
may, in its sole discretion, terminate this Agreement. No penalty or expense shall accrue to the
City in the event this provision applies. The City shall not forfeit its right to ownership of the
special equipment described in Section 5(b) in the event that this provision applies.
23. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party
to insist upon strict performance of any agreement, covenant or condition of this Agreement, or
to exercise any right herein given in any one or more instances, shall not be construed as a
waiver or relinquishment of any such agreement, covenant, condition or right.
24. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be obligated to
make payments under this Agreement for services or amounts incurred after the end of the
current fiscal period, and this Agreement shall terminate upon the completion of all remaining
services for which funds are allocated. No penalty or expense shall accrue to the City in the
event this provision applies. The City shall not forfeit its right to ownership of the special
equipment described in Section 5(b) in the event that this provision applies.
25. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO SPONSOR:
Denise Nichols, Manager
Yakima Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902-1225
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or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
26. Drafting of Agreement. Both the Sponsor and the City have participated in the drafting
of this Agreement. As such, it is agreed by the parties that the general Agreement rule of law
that ambiguities in the Agreement language shall be construed against the drafter of an
Agreement shall have no application to any legal proceeding, arbitration and/or action in which
this Agreement and its terms and conditions are being interpreted and/or enforced.
27. Third Parties. The City and the Sponsor are the only parties to this Agreement and are
the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to
give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons.
28. Binding Effect. The provisions, covenants, and conditions in this Agreement apply to
bind the parties, their legal heirs, representatives, successors, and assigns.
29. Captions. The respective captions of the Sections and Subsections of this Agreement
are inserted for convenience of reference only and shall not be deemed to modify or otherwise
affect any provisions of this Agreement.
30. Remedies Cumulative. Any remedies provided for under the terms of this Agreement
are not intended to be exclusive but shall be cumulative with all other remedies available to the
City at law, in equity or by statute.
31. Integration. This written document constitutes the entire agreement between the City
and the Sponsor. There are no other oral or written agreements between the parties as to the
subjects covered herein. No changes or additions to this Agreement shall be valid or binding
upon either party unless such change or addition be in writing and executed by both parties.
32. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
33. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
34. Authority. Each individual executing this Agreement on behalf of the City or the Sponsor
represents and warrants that such individual is duly authorized to execute and deliver this
Agreement on behalf of the City or the Sponsor.
35. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original but all of which shall constitute one and the same
Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement by having their
authorized representatives affix their signatures below.
CITY OF YAKIMA: COCA -COCA BOTTLING CO. OF
YAKIMA & TRI -CITIES
By: —` f B
(uagu,--
R.
A. Zais, Jr., City Manager
Date: - 3 - 03'
A
KiA4,
Attest:Attest:
4
City Clerk .R SEAT.,
City Contract No.
R-aa�=may
Date: 3 - 2-5 -2-avy
Resolution No.
12
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7
For Meeting of March 1, 2005
ITEM TITLE: A Resolution authorizing an Exclusive Marketing and Sponsorship
Agreement with Coca-Cola Bottling Co. for beverages to be sold at the
Gateway Sports Complex and Fisher Park Golf Course
SUBMITTED BY: Chris Waarvick, Director of Public Works Co tai
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020
SUMMARY EXPLANATION:
Attached for Council consideration is a resolution authorizing an exclusive marketing and
sponsorship agreement with the Coca-Cola Bottling Co. of Yakima & Tri -Cities. This
agreement would provide special equipment for the Gateway Sports Complex in exchange for
granting Coca-Cola certain exclusive beverage promotion privileges and prominent display of
beverage trademarks.
The special equipment provided by Coca-Cola includes installation of an electronic PanaView
Scoreboard with wireless remote and an Electronic Message Center. The City of Yakima
would become the owner of this equipment when it is installed.
Resolution X Ordinance _ Contract _ Other (Specify) Agreement
Contract Mail to (name and address):
Funding Source Parks and Recre 'on Budget
APPROVED FOR SUBMITTAL: •
City Manager
STAFF RECOMMENDATION: Staff respectfully requests City Council to adopt the
Resolution authorizing a "Exclusive Marketing and Sponsorship Agreement" between the City
of Yakima and Coca-Cola Bottling Co. of Yakima & Tri -Cities to provide beverages and related
goods to the City to be sold at the Gateway Sports Complex and Fisher Park Golf Course.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted, RESOLUTION R-2005-44