#09-5331 (Pepsi Beverages)
A G R E EM E NT09-5331
for
Beverage Products, Equipment and Services
THIS AGREEMENT, made and entered into on this 16th day of March 2010, by and between
Bottling Group, LLC dlbl a Pepsi Beverages Company (successor in interest to The Pepsi
Bottling Group), authorized to do business in the State of Florida, whose business address is
1 Pepsi Way, Somers, New York 10589, hereinafter called the "Contractor" and Collier
County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter
called the "County":
WIT N E SSE T H:
DEFINITIONS
As used in this Agreement, the following capitalized terms shall have the respective
meanings assigned thereto below:
"Beverage Products" shall mean Postmix Products and B & C Products.
"B & C Products" shall mean all carbonated and noncarbonated, nonalcoholic beverages,
including, but not limited to, carbonated soft drinks, ready-to-drink teas, ready-to-drink
coffees, isotonics (sports drinks), juices and juice drinks, energy drinks and water as listed
in Attachment C which may be amended by Contractor from time to time, upon agreement
by the County.
"Postmix Products" shall mean carbonated soft drinks, teas, energy drinks and juice
products as listed in Attachment B which may be amended by Contractor from time to
time.
"Year" shall mean each 12-month period during the Term commencing on the first day of
the Term or an anniversary thereof.
1. COMMENCEMENT. The Agreement shall be for a one (1) Year period, commencing
on November 10, 2009 and ending on November 9, 2010.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
Page 1 of 13
2. STATEMENT OF WORK. During the Term, the Contractor shall provide the Beverage
Products, equipment and services. Contractor shall provide the Beverage Products ,
equipment and services in accordance with the terms and conditions of Bid #09-5331
(the "Bid") and the Contractor's proposal including Contractor's comments to the Bid
referred to herein and made an integral part of this Agreement.
During the Term the County shall purchase Postmix Products for use in preparing
fountain beverage products (the "Fountain Products") and B & C Products from
Contractor to be sold at the County locations listed on Exhibit A attached hereto (the
" Locations"). Additionally, County shall give Contractor the exclusive right to operate
full service vending machines at the Locations ("Vending Machines") in quantities
reserved to the County's discretion. In connection with the Locations, Contractor will
work with County to identify optimal locations for such Vending Machines and
Contractor will be responsible for collecting, for its own account, all cash monies from
the vending machines and for all related accounting for all cash monies collected
therefrom. This Agreement contains the entire understanding between the parties and
any modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. PEFORMANCE
This Agreement, including all of Contractor's support to the County as described below,
is contingent upon the County complying with all of the following performance criteria:
(1) The Beverage Products 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 listed Locations by any method or
through any medium whatsoever (including without limitation print, broadcast, direct
mail, coupons, handbills, displays and signage), whether public or private. If mutually
agreed between the parties, Vendor shall be permitted to place Vending Machines at
County properties outside the Locations during the Term.
(2) The County shall have brand identification for each Fountain Product served on all
menuboards and postmix dispensing valves at each of the Locations throughout the
Term.
(3) The County shall only use the Postmix 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 Postrnix
Products either to nonaffiliated outlets or to consumers in any form other than the
Fountain Products.
4. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price as
Page 2 of 13
determined by Contractor from time to time, the current pncmg for the Postmix
Products is set forth on Exhibit B and the current pricing for the B & C Products is set
forth on Exhibit C, attached hereto and incorporated herein by reference. Pricing is
inclusive of all rebates, credits and carbon dioxide containers. The County shall
purchase all C02 requirements from Contractor at the prices established by Contractor
from time to time. Any price increase exceeding more than four percent (4%) in any
Year during the Term shall require the prior written approval of the County.
Upon approval by Contractor and on a case by case basis, any County agency may
purchase the Beverage Products and obtain services under this Agreement, provided
sufficient funds are included in their budget(s). Payment will be made upon receipt of a
proper invoice and upon approval by the Project Manager or his designee, and in
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act".
5. CONTRACTOR'S COMMITMENT. In consideration of the exclusive rights granted
to Contractor by County over the Term of this Agreement at the listed Locations, and
provided County is not in breach of this Agreement, Contractor shall provide County
with the following:
(1) An Annual sponsorship fee in the amount of three thousand five hundred dollars
($3,500.00) per year, payable to the County within thirty (30) days of the signing of this
Agreement by both parties (the" Annual Sponsorship Fee"). The Annual Sponsorship
Fee is earned throughout the Year in which it is paid. In the event Contractor
terminates this Agreement due to the County's failure to cure a breach hereof, the
unearned Annual Sponsorship Fee will be repaid to Contractor pursuant to the terms
of Section 12 herein.
(2) Commission, as a percentage of the actual cash ("cash in bag" or "CIB") collected
by Contractor from the Vending Machines placed at the Locations, less any applicable
fees or deposits ("Commissions"). Such Commissions shall be at the rate(s) set forth
below (the "Commission Rate") and shall be calculated as follows:
(CIB - applicable fees/deposits) * Commission Rate = Commission due
Product
Minimum Vend Price
Commission Rate*
(1) Commission Payment. Commissions shall be remitted by Contractor to the
County within thirty (30) days of the end of each 4-week accounting period
Page 3 of 13
established by Contractor. Contractor shall make all pertinent revenue and sales
records respecting the Vending Machines available to County. County agrees that it
is responsible for reviewing such records and that any claim or dispute relating to the
Commissions must be brought by County in writing within one year of the date such
Commissions payment is due. County further acknowledges and agrees that it shall
not receive any commission payment from Contractor if Commissions fail to reach a
certain threshold amount per period or quarter. The current threshold is fifty dollars
($50.00) per period or quarter. The applicable threshold amounts vary based on the
payment period and will be established and communicated pursuant to Contractor's
polices and procedures related to its Full Service Vending business, as may be revised
by Contractor from time to time.
Contractor shall make checks payable to:
Collier County Board of County Commissioners
Checks should be mailed to:
llonka Washburn
Park Operations Manager
North Collier Regional Park
15000 Livingston Road
Naples, Florida 34109-3808
(2) Change to Commission Rate. County acknowledges and agrees that Contractor
established the Commission Rate based on any applicable sales tax associated with the
sale of the Beverage Products through the Vending Machines as of the commencement
date of this Agreement. If, during the Term, sales taxes should increase by more than
five percent (5%), then Contractor shall have the right to automatically reduce the
Commission Rate by the same percentage amount.
6. EQUIPMENT. Contractor will loan the Locations, at no charge, appropriate
equipment for dispensing the Beverage Products during the Term ("Equipment").
County agrees that the Equipment shall be exclusively used to display and
merchandise the Beverage Products, and the County shall not use the Equipment to
display, stock, advertise, sell or maintain any other products or beverages (including
on the exterior of the Equipment). Contractor will also provide, at no charge to the
County, service to the Equipment. Title to such Equipment will remain vested in
Contractor or its affiliate and all such Equipment will be returned to Contractor upon
expiration or earlier termination of this Agreement.
7. SALES TAX. County acknowledges and agrees that neither Contractor nor its
affiliates shall be responsible for any taxes payable, fees or other tax liability incurred
by the County in connection with any fees payable by Contractor under this
Agreement. In addition, Contractor shall be responsible only for the payment of taxes
Page 4 of 13
on the sales of products through Vending Machines. Contractor shall not be assessed
common area maintenance fees, taxes or other charges based on its occupation of the
space allocated to its Equipment (defined below).
8. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed, faxed or emailed to the Contractor at the following Address:
The Pepsi Bottling Group
4451 - 34'h Street North
St. Petersburg, Florida 33714
Attention: Neil Fowler, New Business Manager
Telephone: 727-369-7931
Facsimile: 727-527-8124
Email: neiUowler@pepsi.com
All Notices from the Contractor to the County shall be deemed duly served if mailed,
faxed or emailed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, PurchasinglGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
Email: SteveCarnell@colliergov.net
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
Page 5 of 13
11. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION.
Termination. Either party may terminate this Agreement if the other commits a material
breach of this Agreement; provided, however, that the terminating party has given the
other party written notice of the breach and the other party has failed to remedy or cure
the breach within thirty (30) days of such notice.
(1) Remedies. If either party terminates this Agreement as a result of the other parties'
breach, then in addition to any other remedies, including but not limited to the recovery
of lost profits, to which Contractor may be entitled by reason of such breach, the
breaching party shall immediately make the following payments: they will reimburse
any fees or sums paid in advanced or paid to the non-breaching party but not yet
earned. Such payment shall be remitted by the breaching party on a pro rata basis
based upon the remaining number of months left in the Year of termination. With
regard to the Annual Sponsorship Fee, the amount of such reimbursement by the
County shall be determined by multiplying Annual Sponsorship Fee by a fraction, the
numerator of which is the number of months remaining in the year in which the
Agreement is terminated at the time such termination occurs and the denominator of
which is 12; and
(2) County will surrender to Contractor all Equipment installed in the Locations,
whether leased, loaned or otherwise made available by Contractor; and
13. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
14. INSURANCE. Each party hereto maintains and agrees to maintain, at all times during
the Term, a comprehensive program of risk retention and insurance with such insurance
carriers and in such amounts of insurance coverage reasonably acceptable to the other
party. Each party agrees to name the other, and each of its Affiliates, and their
respective officers, directors, employees, agents, representatives and successors and
assigns, as additional insureds on such insurance during the Term.
Page 6 of 13
The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned and leased Vehicles.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
15. INDEMNIFICATION. Each party shall be liable for its own actions and negligence and,
to the extent permitted by law, County shall indemnify, defend and hold harmless
Contractor against any actions, claims or damages arising out of the County's
negligence in connection with this Agreement, and Contractor shall indemnify, defend
and hold harmless County against any actions, claims, or damages arising out of
Contractors negligence in connection with this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute
agreement by either party to indemnify the other party for such other party's negligent,
willful or intentional acts or omissions.
16. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Parks and Recreation Department.
Page 7 of 13
17. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Agreement consists of the
attached component parts, all of which are as fully a part of the contract as if herein set
out verbatim: Exhibit A, Contractor's Proposal and comments to the Bid, Insurance
Certificate, Bid #09-5331 SpecificationslScope of Services and Addenda.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of
County Commissioners. If County elects to terminate the Agreement due to the
unavailability or non-appropriation of funds, then the County must provide Contractor
with at least sixty (60) days prior written notice of such termination and the County
must reimburse Contractor all unearned fees paid to County by Contractor in
accordance with Section 12 herein. If applicable, all outstanding payments due to
Contractor shall be paid by the County.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, andlor any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual andlor firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, andlor
quotes; and, c. immediate termination of any contract held by the individual andlor
firm for cause.
21. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this Agreement.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer. Such offer will be considered on a case by case
basis and must be approved by Contractor.
Page 8 of 13
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
24. ADDITIONAL ITEMS/SERVICES. Additional items and I or services may be added to
this contract upon satisfactory negotiation of price by the County and Contactor.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
26. ASSIGNMENT. To the extent permitted by law, this Agreement shall be binding upon
and inure to the benefit of Contractor and the County and its respective successors and
permitted assigns. Neither party may subcontract or assign its rights or obligations
under this Agreement to any other entity or person without the express written consent
of the other, which consent may be withheld at its sole discretion. Notwithstanding the
foregoing, Contractor shall be entitled to assign its rights and obligations under this
Agreement to PepsiCo, Inc. or its subsidiary or affiliate. No waiver by any party of any
default or non-performance shall be deemed a waiver of any subsequent default or non-
performance.
Page 9 of 13
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~w.~
PIed W. Coyle, Chairman
Bottling Group, LLC
dfb/a Pepsi Beverages Company
Contractor
~~~
lrst WItness
By:
,~
Signature
}hl::;<" SM, t/,
tTypel print witness namet
/', " /": ,?) ',- '
l L i).LL C< .cr lIlt {l/
Neil Fowler New Business Manager
Typed signature and title
Approved as to form and
k~:!g~
. ant County Attorney
Print Name
Page 10 of 13
EXHIBIT A
Locations
North County Regional Park, 15000 Livingston Road, Naples, Florida 34109-3808
Page 11 of 13
5G Postmix Pepsi Brands
5G Postmix Dr Pepper
5G Postmix Lipton
5G Postmix Tropicana
EXHIBT B
Postmix Products and Prices
$11.40
$12.40
$12.40
$12.40
Page 12of13
CSD 20 oz. Bottles (24) pk:
Tropicana 20 oz. Bottles (24) pk:
Gatorade 20 oz. Bottles (24) pk:
Aquafina 20 oz. Bottles (24) pk:
CSD 12oz. Can
Aquafina l6.90oz. Bottles (24) pk:
EXHIBT C
B & C Products and Prices
Page 13 of 13
$l6.00
$l6.00
$16.00
$7.50
$7,00
$5.00
~
ACORD" CERTIFICATE OF LIABILITY INSURANC~2011 r DATE (MMIDDIYYYY)
~ 3/I8/2010
PRODUCER LOCKTON COMPANIES, LLC-N DALLAS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
7l7N. HARWOOD, LB#27 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DALLAS TX 75201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
214-969-6700
INSURERS AFFORDING COVERAGE NAIC#
INSURED Pepsi-Cola Metropolitan Bottling Company, Inc. INSURER A: ACE American Insurance Comnanv 22667
1326168 PepsiCo, Inc. INSURER B: Indemnity Insurance Co of North America 43575
One Pepsi Way INSURER C:
Somers NY 10589
INSURER 0"
, INSURER E:
COVERAGES
PEPBoa 1
EI
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
rNSURER(S) AUTHORIZED REPRESENTAnvE OR PRODUCER AND THE CERTIFICATE HOLDER
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POlleY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR D~'i POLICY NUMBER 6Zi~~r.~&gX-W~1 ~~Y~rM~b~ LIMITS
LTR NSR TYPE OF INSURANCE
GENERAL LIABILITY EACH OCCURRENCE . 5 000 000
A X 5MMERCIAL GENERAL LIABILITY HDQ G24940512 2/26/201 0 11112011 ~~~t~~J9E~Eo~J~~ence\ $ 2,000,000
CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10,000
PERSONAL & ADV INJURY $ 5.000.000
f- GENERAL AGGREGATE $ 5,000,000
nN'L AGGREr~r,L1MIT APnLPER: PRODUCTS - COMP/OP AGG $ 5,000,000
PRO-
POLlCY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT , 5,000,000
A ~ ANY AUTO lSA H0858865A 2/2612010 1/112011 (Eaaccident)
A f- ALL OWNED AUTOS ISA H08588661 2/26/2010 11112011 BODILY INJURY
$ XXXXXXX
SCHEDULED AUTOS (Per person)
I--
I-- HIRED AUTOS BODILY INJURY
(Peraeeident) $ XXXXXXX
I-- NON-OWNED AUTOS
I-- PROPERTY DAMAGE , XXXXXXX
(Peraccidenl)
crAGE "AS,my AUTO ONLY - EA ACCIDENT $ XXXXXXX
ANY AUTO NOT APPLICABLE OTHER THAN EAACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
3CESS I UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX
OCCUR D CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX
$ XXXXXXX
o UMBRELLA
~ DEDUCTIBLE FORM $ XXXXXXX
RETENTION $ $ XXXXXXX
WORKERS COMPENSATION X I T~~$I~J#s I IOJ~-
8 AND EMPLOYERS' LIABILITY VIN WLR C46132622 (ADS) 2/2612010 11112011
A ANY PROPRIETORlPARTNERfEXECUTIVE ~ WLR C46132634 (AZ & CA) 2/26/20] 0 11112011 E,L. EACH ACCIDENT $ 5,000,000
OFFICER/MEMBER EXCLUDED?
A (Mandatory in NH) SCF C46I32646 (Wl) 2/2612010 11112011 E.L. DISEASE - EA EMPLOYEE $ 5,000,000
If yes, describe under E.L. DISEASE - POLICY LIMIT $ 5,000,000
SPECIAL PROVISIONS below
OTI-lER
A Excess Workers Compensation WCU C46132658 (OH,WA- F-L) 212612010 111/2011 WCStatuloryLimits
A WCU C4613266A WH-PC Metro~ 212612010 IIII2011 S5,OOO,000cachaccidcnt
A WCU C46132671 ( V-PC Metro 2/26/2010 11112011 55,000,000 each cc fordiscas~
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
Policies listed above are effective 02/2612010 4:01 PM EST. Collier County Government is included as Additional Insured where required under contract or
agreement.
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CERTIFICATE HOLDER
10828663
CANCELLA nON
Collier County Government
Purchasing Department
Atln; Lyn Wood
330 I Tamiami Trail E
Naples FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZEORE~'ierTIVE ~'
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@ 1988-2009 ACORD CORPORATION. 1\/1 rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2009/01)
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ITEM NO,: ~ SV~~ \\ov\
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Lyn M, Wood, C,P.M., Contract Specialist
Purchasing Department, Extension 2667
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ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
March 30, 2010
To:
Office of the County Attorney
Scott Teach
Re: Contract: #09-5331 "Beverage Products, Equipment and Services"
Contractor: Bottling Group, LLC d/b/a The Pepsi Bottling Group,
Inc,
BACKGROUND OF REQUEST: j
This Contract was approved by the BCC on November 10, 2009,
Agenda Item 16.0,5,
This item has been previously submitted; Ite 09-PRC-01421 'V
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any
questions concerning the document, please contact me, Purchasing would
appreciate notification when the documents exit your office. Thank you,
v
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~~\o
C: Gregory Cartotto, Parks & Rec
I
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~DL~,--=-DJ { I_I I
t/'~5HECKLIST FOR Im~I;:WING CONTRACTS Ie>< I
Entity Name:.~:ti::d:tl'-'i-Y~~'( )~_;~
Entity name correct on contract? ~~y~,,/., ______No
Entity registered with FL See of State? ~es No
Insurance
Insurance Certificate attached? m;1 es No
Insured registered in Florida? es No
Contract # &lor Project referenced on Certificate? .~~~ Ye?",es' __ .NNoO
Certificate Holder name correct (BCC)? ~es ..._
Commercial General Liability \ 1...---, I
General Aggregate Required $___ Provided $.5~\l Exp, Date ~~II
Products/CompVOp Required $ Provided $ Co (Y\ , I. I Exp. Date.~ .' Y
Personal & Advert Required $ , provlded$~""1 l \ Exp.Date_. SpiY1<..-.--
Each Occurrence Required $~. \ \ \. Provided $ S yY"I \ ( Exp, Date ~_ _
FirelProp Damage Required $~_t...... ProvIded $ "7 (Y\ " \ I Exp, Date_
Automobile Liability \.
Bodily Inj & Prop Required $ \ (Y'\ I \ \ ProvIded $ ~ rv:'.~ Exp Date -L.' ~ I
.Workers Compensatio~ ..t LI{i)~t5
Each accIdent ReqUired $ S4 iF . Provided $ 51n \.\.l Exp Date
Disease Aggregate Required $ , Provided $ _~. J' Exp Date
Disease Each Emp] Required $ Provided $ . --rT Exp Date
Umbrel/aLiability '''C'.\~ Cl'Y\plO~ ('.:, l ,4.p.~\d..-u
Each Occurrence Provided $__.___ Exp Date~_
Aggregate Provided $___.. Exp Date _____
Does Umbrella sufficiently cover any underinsured portion? Yes _No
Professional Liability
Each Occurrence Required $ Provided $ Exp. Date
Pec Aggregate Required $__ Provided $ _'_m_ Exp. Date
Other Insurance '" r~
Each Occur Type: e'l('ps~ Required ~__ Provided $5rY'\ \ \. I
lJ.)O'l'{Q( ('(J(YlP
County required to be named as additional insured? .~
County named as additional insured? es
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
~
Yes
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date ofbond
Does dollar amount match contract?
Agent registered in Florida?
Yes
Yes
Yes
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary::-~'UJIl (l
Chairman's signature block? ....:/"
Clerk's attestation signature block? j
County Attorney's signature block?
!,LS II
I I
Exp Date _~ I I
No
No
No
l~
No
_No
No
~es No
--1AYes No
/'Xes No
12 ~Yes No
(.l U Ct~~--=--NO
~ ~:
Attachments
Are al1 required attachments included?
~
No ~
ReV)e\Verl~
Date: n_____
04-('0"-\-0 I 030/222
MEMORANDUM
TO: Ray Carter
Risk Management Department
Lyn M. Wood, C.P.M., Contract Specialist -jJ
Purchasing Department (~r
DATE: March 30, 2010
FROM:
RE: Review Insurance for Contract: #09-5331 "Beverage Products,
Equipment and Services"
Contractor: Bottling Group, LLC d/b/a The Pepsi Bottling
Group, Inc.
This Contract was approved by the BCC on November 10, 2009, Agenda Item
16.0,5
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded,
Thank you, If you have any questions, please contact me at extension 2667,
DATE RECEIVED
MAR 3 1 2010
dod/LMW
RISK ~L
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C: Gregory Cartotto, Parks & Rec
.~~-----"'---~.-
www.sunbiz.org - Department of State
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Detail by Entity Name
Foreign Limited Liability Company
BOTTLING GROUP, LLC
Filing Information
Document Number M99000000815
FElIE1N Number 134042452
Date Filed 03/11/1999
State DE
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed 10/25/2000
Event Effective Date NONE
Principal Address
1 PEPSI WAY
SOMERS NY 10589
Changed 02/17/2003
Mailing Address
1 PEPSI WAY
SOMERS NY 10589
Changed 02/17/2003
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION FL 33324 US
Name Changed: 03/10/2010
Address Changed: 03/10/2010
Manager/Member Detail
Name & Address
Title MGR
D'ALESSANDRO, NICHOLAS J
1 PEPSI WAY
SOMERS NY 10589
Title MGR
YAWMAN, DAVID
1 PEPSI WAY
SOMERS NY 10589
http://www.sunbiz,org/scripts/cordct.exe?action=D ETFIL&inq_ doc _ numher=M99000000,.. 3/30/20 I 0
www,sunbiz.org - Department of State
Page 2 of2
Title MGR
RAPP, STEVEN
1 PEPSI WAY
SOMERS NY 10589
Title MGR
FICHERA, MICHAEL
1 PEPSI WAY
SOMERS NY 10589
Title MGR
SMITH, KENNETH
1 PEPSI WAY
SOMERS NY 10589
Title MGR
GALLAGHER, MARIE T
1 PEPSI WAY
SOMERS NY 10589
Annual Reports
Report Year Filed Date
2007 04/20/2007
2008 04/29/2008
2009 04/29/2009
Document Images
0:3/10/2010.,R'ill,!',genjcbange
01/2912009 .. ANNUAL REPORT
04129/2008 =-A~NU.A..lREpQBI
04/20/2007 ".6NNUAL ill'J"QRT
04/28/200(J "ANNt.J.AL BI;PQRI
05/0:3/2005 cc.ANNUAL REPORT
05/04/2004 =_ANNUAL REPORT
02/17/200:3.. LIMITED LIABILITY CORPORATION
05/08/2002.. ANNUAL REPORT
04/2.7/2001.=-ANNUAL REPORT
10/25/2000 .. REINSTATEMENT
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View image in PDF format
View image in PDF formal
View image in PDF formal
View image in PDF formal
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View image in PD F format
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06/02/1999.. Foreign Limited
Note: This is not official record. See documents jf question or conflict. I
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Copyright @ 2007 State of Florida, Department of State.
http://www,sunbiz.org/scripts/cordet.cxe?action= D ETFIL&inq" doc.. numbet= M99000000.,. 3/30/2010
Power of Attorney
Pursuant to Section 4,6 of the Amended and Restated Limited Liability Company Agreement
of Bottling Group, LLC, a Delaware limited liability company, with its principal office at1 Pepsi
Way, Somers, New York, 10589 (the "Company"), the undersigned, a Managing Director of
the Company, hereby gives power of attorney to Neil Fowler to execute and deliver on his
behalf, in the name of the Company, all such contracts, certificates and documents, and to
take such other actions as such attorney in his discretion and with advice of counsel from the
Company as he may deem necessary or appropriate in connection with the Company's
Beverage, Products, Equipment and Services Agreement with Collier County This power of
attorney will expire on SeptembE1r 19,2010.
Dated as of the 3 J "rJ. II 0
I
Bottling GrouP. LLC
By:
_.,;'.' .-
STATE OF NEW YORK
COUNTY OF WESTCHESTER
On thiS~' day of./,I ,I' , 2010, before me personally came David Yawman to me known,
who being duly sworn, did depose and say that he is a Managing Director of Bottling Group, LLC,
the Company described in the foregoing instrument, and that he is empowered to sign. and has
signed, this power of attorney on behalf of said Company,
/
,..;
j
l.
.~ 1(---;1
Notary Public
POA-LLC3
BREHDAIOUTH
NoliIIy I'IlbIIIl, .... fI New Votlc
No. 0180412Ol174
QUIIIlIed In ~ County
t::ommJoelon Explres November 30, 2010