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02-1181Council File # � � Green Sheet # �\'�'J.��\ Presented By Referred to RESOLUTION CITY OF SAINT PAUL, MINNESOTA Coamv_ttee: Date 1 WHEREAS, the Division of Parks and Recreation issued a Request for Proposal soliciting 2 proposals to create an exclusive soft drink supplier relationship with the Division; and 3 WHEREAS, the Division of Pazks and Recreation, based upon its review of all of the 4 proposals received, wishes to enter into an agreement with Midwest Coca-Cola to provide t�is 5 service; and 6 WHEREAS, as a result of this five-year agreement, Midwest Coca-Cola will have 7 exclusive right to supply soft drivks, bottled water, juice drinks and sports drivks for Division of 8 Pazks and Recreation facilities aud programs; and 9 WHEREAS, as a result of this agreement the Midwest Coca-Cola will provide the 10 Division of Parks and Recreation with guazanteed unit pricing and comtnissions, and additional 11 partnering benefits valued at over $50,000 annually, now therefore, be it 12 RESOLVED, that proper City officials and staff are hereby directed and authorized to 13 enter into the attached agreement with Midwest Coca-Cola establishing them as the Division of 14 Parks and Recreation's exclusive soft drink supplier. Adopted by Council: Date �e�. �� vvba— a� Requested by: Divi ion of Parks and Recreation �� ' �� .�.e , /' Form Ap �oved by Citr'y Attorney ;, ,���� Rv�1 � � ���arf /1� �_/C �a � Mayor for . � to ,--_�� �� Adoption Certified by Council Secretary DEPARTMEM/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 113221 Parks and Recreation December 10, / � j 2002 V p.�'�r� CAMACT PERSON AND PHONE INRIAUDA INRIAUDATE Mike Hahm - 266-6444 � DEPARTMENT DIRECf, � tA�C ¢ crzr couNa� ASSIGN < NUMBEfl FOfl Z CrtV ATTOPNEV V'�� _CRV CLERK MUST EE ON COUNCIL AGENDA BY IDATEI ROUi1NG , OFDEH _FINANCIAL SFAVICES DIR. 12/18/02 3 MAYOR (OR ASSISTANT) 5 Parks - Hahm TOTAL # OF SIGNATURE PAGES � IpJP ALL LOCATONS WR $IGNANREI ALTION REQUESrED: Authorize City officials and staff to enter into five-year agreement with Midwest Coca-Cola as The Division of Parks and Recreation's exclusive supplier of certain beverages, including soft-drinks, bottled water, juice, juice drinks and sports drinks. RECOMMENDATIONS: ApO�ove (A1 or qeject IA) PEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUFSTIONS: _PLANNING GOMMISSION _CIVIL SERVICE COMMISSION � Has this person/tirm ever worked unde� a canttact for this tleDartment? CIB COMMITTEE YES NO A STAFF 2. Has this persoNtirm ever been a ci[y employee? VES NO DISTRICT COUNCIL — — 3. Does this Derson/firm possess a skill not normally possessetl by any curteM ci[y em0�oyee? SUPPORTS WHICH COUNCIL OBJECTNE? YES NO Ezplain all yes anawers on separa[e aheet and attleh to 8��� �heet. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What When, Where, Why). The Division of Parks and Recreation issued a RFP to create an exclusive beverage supplier relationship. Resulting from this process, the Division wishes to enter into an agreement with Midwest Coca-Cola. ADVANTAGES IG APPftOVED: The Division will derive a variety of additional benefits from Midwest Coca-Cola in exchange for granting them exclusivity, including annual cash contribution, donated product, use of specialized equipment and marketing support. The annual value of these benefits is estimated as over $50,000. DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED: The current opportunity to derive additional financial and marketing benefits related to soft drink/beverage services will be lost. TOTALAMOUMOFTRANSACTION S_SZH OOO - S4O,000 (8f1f1U8I) COST/flEVENUEBUDGEfEDIpRCLEONEI YES NO FUNDINGSOURCE Midwest Coca-Cola ACTIVITYNUMBER 325-23141 FlNANCIAL INFORMATION (EXPLAIN) CITY OF SAIN'T PAUL Randy C. Kelly, Mayor DIVISION OF PARKS AND RECREATION m3, -lly�� 300 City Hall Annex Telephone: 651-266-6400 25 West Fourth Strcet Facsimite: 651-292-7405 Saint Paul, Minnesota 55102 TTY: 651-266-6378 wvrv�.cistpaul.am.us/dept/puks December 9, 2002 To: City Council President Dan Bostrom City Councilmember Jerry Blakey City Councilmember Chris Coleman From: Subject: City Councilmember Pat Harris City Councilmember Jay Benanav City Councilxnember Jim Reiter City Councilxnember Kathy Lantry Bob Bierscheid, CPRP �� Director of Parks and Recreation Beverage Pouring Rights ..:, ^ ��sY �,� e ^ � � z,^.:; s „ Y �s�e. ,J'�,�Li ,N The Division of Pazks and Recreation is in the final stages of contract negotiations with Midwest Coca-Cola. The agreement is a result of a Request for Proposal process that has been in progress over the past six months. When approved, Saint Paul Parks and Recreation will exclusively sell Midwest Coca-Cola products, and in turn, will be provided new benefits valued at over $250,000 over the life of the 5 year agreement. I anticinate that the com leu ted aereement will be presented to the Council for consideration at its December 18�' meetine. The extent of the benefits that Midwest Coca-Cola will be providing to the Division in order to establish this 5 year relationship is a reflection of the high quality of programs and variety of recreational services that ase assets to the City and its citizens. The agreement will also serve as a model for future partnering efforts with vendors interested in establishing relationships that can generate additional resources to benefit Division facilities and programs. Attached is a sununary of the agreement, including an outline of the new benefits available to the Division. I enthusiastically recommend this agreement as one that will bring new benefits to the enrire Parks and Recreation system at a time when they will surely be needed. ca Mayor Kelly Dennis Flaherry AA-ADA-EEO Employer City of Saint Paul - Midwest Coca-Cola Agreement Summery dl_1lYl Citv Objectives Defined in Rer�uest for Proposal I) Meet or exceed current unit pricing 2) Meet or zzceed current service support 3) Mazimize annual "cash rights " financial contribution 4) MaximiZe marketing support and partnering opportunities Term 5 yeazs/2003-2007 Exclusivitv Midwest Coca-Cola products will be exclusively sold at St. Paul Parks and Recreation facilities and events during the terxn of the agreement. Annual "cash rights" sugport 2003 - $28,000 2004 - $30,000 2005 - $32,000 2006 - $34,000 2007 - $40,000 Total - $164,000 Full Service Vending Commission Rates 25% - 12 oz products @.75 pricing 35% - 20 oz products @$1 pricing The local Division facility managers retain authority to set pricing. A higher vend rate will yield a higher comxnission and a lower vend rate will yield a lower commission. The listed vend rates haue been recommended by Coke, based on research and experience, as those that will yield the highest net commissions to the local facility. Local facilities will continue to direct the commissions proceeds for their use. Commissions from full service vending are forecasted to generate $55,000 annually. Recreation Center Marketing BeneTits 10 free cases of 12 oz producUper center/per year =$2,808.50 annual value (division-wide) 2 custom banners/per center/per year =$2,460 annual value (division-wide) 1 Powerade beverage kit for use at each center =$33,750 one time value (division-wide) City of Saint Paul - Midwest Coca-Cola Agreement Summery 0?.- i l Yl pagetwo Golf Facilitv Marketing Benefits 4 display coolers for non-beverage use =$3,000 one tune value City-wide Marketing Benefits 490 free cases of 12 oz product/per year =$3,356.50 annual value. Access to 1 Special Events wagon for the Division's use. Other Potential Marketing Benefits An aggressive rebate program for special events product sales, retuming a$2-$5 per case dividend to the City for products purchased for sales at Special Events located in City of Saint Paul parks. It is conservatively estimated that this can create a$5,000 annual value to the Division and our event partners. Free access to the "teamidentity.com" program, aliowing the City facilities and programs to create and market custom logo athletic apparel with the City's brand images direct to customers via the Internet. This can provide both an opportunity for citizens to purchase apparel the is idenrifiable with the City's facilities and programs as well as a new revenue opportunity for the Division. Oa.-ttYJ V/ . � � � aa LL N � L O � O • Q L Q a � 3 N LL Y � � G1 �L � � Q Q f/� W 00 0 00 0 000 0 0000 0 000 0 0 0 0 0 �o� o 0000 0 0 00 O O C O O O N LL� 1� �Li O O O O O M M O � � O O O 7 I� O N O O � O � � e� M O N 1� � m � O N I!J 00 M O I� O O Cfl f0 � d V' V 01 I� �fJ M 'V O(O O N M M ln � O{+j O Y N � fA � N M 'V' fR Efl � � Efl ��� � � r M� � a V3 fR V3EA Eq � iA U� � o 0 0 ° o p v ori r o0 o ti�� � o � n ou�co 1� � M 1� N Qi � N t0 �� `m °J � � c N v N � w C. T ifl w Fa in �n � w a� � � � � � � �, a �� e � �� � L � � � � � � N � �� � � � Y � U O � C O �- >, N . > � N � N � � O � � "d" � 3 � O> � UJ vJ � N� C N1 � U � � .. � � � a�.�+ > � N N N i��� F F" R � N � � W W F d> c� d V V p_ ..�. � � " v � � ¢ � y� � a a£ d ° E V� a�i n a a c°� m y � �`° � � o o Q� � m Cn � s y°� � J� m a> �� i F- �N U 3 v, : �v ° �, 'y �o 00o V m� � a aca3i Q a�i w cn � o 0 0 � a�i L°� Z iiZ � N � � � � � �� h O� J� � � � � �() Y� � Q 7 3 ��- U U ¢� ww.... y ow d c (9 Z c c >.c a �a (9 N a�'i m aNi C �� m> ? �-QQ � - � W � W � J m m s� = t�n > �� U U U a m o o� Y Q a� a� (� i i m° Q 5 m w� °° � O m y� n Q O>> c�a c� �cn > vM� o ��v�n � I—¢a CTTY OF SAINT PAUL Randy C. Kelly, Mayor December 16, 2002 o a. -��s � DIVISION OF PARKS AND RECREATION 300 City Hatl Annex Telephone: 651-266-6400 25 West Fowth Street Facsimile: 6A-292-7405 SaintPaul,Minnuota5A02 TIY:651-2656378 www.cistpaul.�.us/depUpazks To: City Council President Dan Bostrom City Councilmember 7erry Blakey City Councilmember Chris Coleman City Councilmember Pat Harris From: Subject: City Councilxnember Jay Benanav City Councilmember 7im Reiter City Councilmember Kathy Lantry Bob Bierscheid, CPRP ,� f� Director of Parks and Recreation Beverage Pouring Rights - CR O1-1181 Attached is the proposed agreement between the Division of Parks and Recreation and Midwest Coca-Cola. The Division is requesting City Council approval to enter this agreement as item 21 of its December 18, 2002 agenda. As noted in my earlier memarandum dated December 9, 2002, I enthusiastically recommend this agreement as one that will bring new benefits to the enrire Pazks and Recreation system at a time when they will surely be needed. Please contact me at 266-6409 if you haue any questions regarding tlus agreement. cc: Mayor Kelly Dennis Flaherty AA-ADA-EEO Employer oa-��g� AGREEMENT This Agreement, entered into the day of , 200� by and beriveen the City of Saint Paul, a municipal corporation of the State of Mivnesota (hereinafter "Cit}�') and Coca-Cola Enterprises, Inc., d/b/a Midwest Coca-Cola Bottling, Company, a Delawaze corporation (hereinafter "MidwesY') . WHEREAS, the Division of Parks and Recreation for the City of Saint Paul desires to enter into an exclusive beverage agreement for its various facilities and special events; and WHEREAS, Midwest submitted a proposal to be the exclusive vendor ofbeverages for those various facilities and special events under the control of and sponsored by the Parks and Recreation Division; NOW, THEREFORE, in considerafion of the mutual promises and covenants contained herein, the parties agree as follows: I �7� i►`I� �TI Y�7�6� 1. `Beverages" shall mean all beverages currently sold by Midwest or sold during the term of the Agreement, including but not lunited to, carbonated and non-carbonated non- alcoholic beverages, carbonated soft drinks, flavored and unflavored packaged waters, fruit juices, fruit drinks, teas, energy drinks and sports drinks. 2. "Special EvenY' shall mean a Parks and Recreation sponsored event of limited duration, occurring in whole or in part on city-owned property, which is targeted to a city-wide and /or regional audience and occurring at locations where the sale of beverages or beverage service is not offered to the public as part of ordinary business. 3. "Proposal" shall mean the Revised Partnership Proposal from Midwest Coca-Cola Bottling Company dated November 12, 2002. II. RESPONSIBILITIES OF MIDWEST. 1. Midwest shall make annual payments in each of the five years of the contract in the amounts set forth below. The first annual payment shall be made within thirty (30) days of the execufion of the contract. Each of the remaining payments shall be made on the anniversary date of the execurion in each subsequent year. Year 1: $28,000 Yeaz 2: 30,000 Yeaz 3: 32,000 Year 4: 34,000 Year 5: 40,000 oa-��g� 2. Midwest shall set the initial vend rates for the various products to be sold pursuant to this Agreement as set forth in the Proposal, page 22. Any changes to the vend rate shall be mutually a�eed upon by both Midwest and the City. The Division's £acility managers will maintain authority to determine vend zates in the event that the City and Midwest cannot a�ee. Midwest shall pay the City a commission on each product sold, as set forth in the Proposal, page 22. Parties shall annually review the amount of the commissions on sales to detemiiue if a vending rate change is appropriate. 3. Begimiuig in Year 3 of the A�reement, Midwest will pay City a growth incentive of $1.00 per case for sales of 20 ounce cazbonated soft drink and non-carbonated beverages over the annual goal, provided that the total volume goal is also met. Total volume goals do not include special event or fountain sales, and growth incentives are not paid on fountain product, special event cases or cazbonated soft dtv�k, 12-ounce cans. Year 3 volume goal: Year 4 volume goal: Yeaz 5 volume goal: 20 oz CSD/NCB ro oduct 14,200 cases 14,500 cases 14,800 cases Combined products Total volume goal: 19,000 Total volume goal: 19,400 Total volume goal: 19,800 4. Midwest shall provide products at the pricing set forth in the Proposal, pages 17 and 19, which shall be guaranteed prices for the first three years of the Agreement. Yeaz 4 will have a 3% cost increase and year 5 will not be increased. 5. Midwest shall provide product beverages for sale at Special Events at the prices listed in the Proposal, page 24. These prices are guazanteed for three yeazs, and will increase no more than 3% in year four of the Agreement. There will be no price increase in Year 5. Additionally, Midwest shall pay rebates to the City for each case of beverage purchased for Special Events, as set forth on page 25 of the Proposal. One Coke� Special Events wagon will be made available for use by the Parks and recreation Division for all spec3al events upon a two- week notice to Midwest. 6. Midwest shall provide two pre-printed banners to each recreation center for every year of the contract, for a total of 82 banners per year. Banners will carry the Coca-Cola� logo and contain messages as determined by the City. 7. Midwest will donate 900 cases of 12-ounce soft drinks or Dasani water each yeaz of the Agreement. Rebates do not apply to donated cases. Donated cases do not count towards the City's total volume incentive goals. Midwest will provide 45 Powerade kits and four golf course coolers to the City in the first yeaz of the Agreement. 9. Midwest will, if the City chooses, offer access to Teanudentity.com, an on-line store technology set forth in the Proposal on pages 11 through 14. oa-��Y\ 10. Midwest will provide new or refurbished vending and non-vending retail equipment at the onset of this Agreement to the locarions that have been mutually agreed upon by parties, and shall fiimish all bevera�es necessary to offer a complete selection of products readily available at all facility's vending machines, concessions, coolers and other beverage sales areas as specified in the A�eement. 11. Midwest agrees to regulazly monitor and maintain appropriate levels of stock in all vending machines, concessions, cooleis and Beverage sales and machines and azeas at the facilities covered under this Agreement, and to develop, implement and maintain a delivery and inventory schedule based upon the needs of the individual sites covered under this Agreement. Midwest agrees that it will fulfill orders with a minimuxn order of ten (10) cases. 12. Midwest will work with the City prior to a special event to ensure that adequate inventory wiil be available to accommodate the anticipated numbers attending the event. III. RESPONSIBILITIES OF CITY. 1. The City will insure that Midwest beverages, including carbonated soft drinks, non-carbonated beverages, fiuit juice, fiuit drinks, flavored and unflavored water, sport drivks, teas and energy diivks aze exclusively available the Parks and Recreation facilities covered by this A�reement, including all concessions, coolers and vending machine locations. No competi6ve products shall be made auailable in the facilities, coolers, vending machines, or at Special Events as covered in this Agreement. Specific exceptions to this aze noted in the RFP. 2. The City will utilize direct service from Midwest in the provision of full-service vending, concessions, Special Events, and other beverage sales covered under this Agreement, and shall not place any non-Midwest beverages in those locarions or in the equipment that Midwest provides to the City. 3, A limited number of vending machines will remain in service at Division facilities that will continue to be self-serviced by Division affiliated booster organizations. The City will _ require that these organizations purchase their product directly from Midwest. IV. BILLW GS AND PAYMENT. Midwest shall submit invoices in triplicate to the City department making the purchase clearly itemizing all goods and/or services provided. The City of Saint Paul will make payment in accardance with Chapter 471.425. Such payment may be made using a pay voucher, purchase order, or authorized procurement card, or department shall notify Contractor of any problems, omissions, or defects in the goods and/or services received. V. RECORDS, DISSENIINATION OF INFORMATION. Unril the expiration of six (6) years after the fu.tvishing of goods, supplies or services pursuant to this contract, upon written request, Midwest shall make available the books, documents, records, and accounting procedures at its offices at all reasonable tunes for inspection or audit by the City, the State Auditor, or other duly authorized representative. Contractor agrees to abide strictly by the statutes, rules and regulations of the Minnesota Government Data Practices Act, Statute Ch. 13, as well as any other applicable state or federal statutes, rules or regulations. oa-\��� VI. HUMAN RIGHTS/AFFIRMATIVE ACTION. Midwest must comply with the City of Saint Paul's Human Rights Department's Affirmative Action Requirements in Employment pursuant to Section 183.04 of the Saint Paui Legislative Code, the Rules Govemin� Affiiuiative Requirements in Employment, and Chapter A-17 of the Saint Paul Admiuistrative Code governing racial harassment. The Contractor agrees to comply with all federal, state and local laws, resolurions, ordinances, rules, re�ulations and executive orders pertaining to unlawful disci�mination on account of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regazd to public assistance and will take affirmative steps to ensure that applicants are employed and employees aze treated during employment without regard to the same. VI. COMPLIANCE WITH APPLICABLE LAW. Midwest agees to comply with all federal, state and locallaws or ordinances, and all applicable rules, regulations and standazds established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Midwest's performance of the provisions of this Agreement. It shall be the obligation of Midwest to apply for, pay for and obtain all permits and/or licenses required. VII. CONFLICT OF INTEREST. MidwesYs acceptance of this ageement indicates compliance with Chapter 24.03, City of Saint Paul Administrative Code: 'Bxcept as permitted by law, no city official or employee shall be a pariy to or have a direct financial interest in any sale, lease, or contract with the City. Midwest also affirms, that to the best of their lrnowledge, theu involvement in this Agreement does not result in a conflict of interest with any part or enrity which may be affected by the terms of this contract. Midwest agrees that should any conflict ar potential conflict of interest become laiown to the contractor, they will immediately notify the Purchasing Systems Manager of the situation so that a determination can be made about MidwesYs ability to continue perfornung services under this contract. VIII. HOLD HARMLESS. Midwest shall indemnify, save and hold harmless, protect and defend the City of Saint Paul, its officers, agents, and employees from all clauns, actions, or suits of any character brought for or on account of any claimed or alleged injuries or damages received by any person or properry, resulting from any act or omission by any person employed by Midwest in canying out the terms of this Agreement. IX. ASSIGNMENT. The City and Midwest each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Midwest will assign or transfer their interest in this Agreement without the written consent of the other. X. TERM AND TERMINATION. 1. The term of this Agreement shall be for a period of five (5) years from the date of its execution. oa--\��� 2_ Either the City or Midwest may tenninate this Agreement if the other party violates any of the terms or does not fulfill, in a timely and proper manner, its obligations under this Agreement. Any notice of default in the terms of the Ageement must be given to the other parry in writin�, by certified mail, rehun receipt requested, and shall give thirty (30) days to cure the alleged breach. 3. In the event of termination, the City will pay Midwest for all services and/or products, actually, timely, and faithfully rendered up to the receipt of the notice of termivarion and thereafter until the date of tein�ination. The City will repay Midwest a prorated portion of the annual financial contribution equal to the percent of the year remaiuing from the receipt of the notice of termination. Midwest shall pay the City for any commissions, rebates or other payments due up to the receipt of the notice of ternunation and thereafter until the date of ternunation. XI . AMENDMENTS OR CHANGES. Any alteration, variation, modification or waiver of the Agreement shall be valid only when reduced to writing and duly signed by the Midwest and the City. XII. INTERPRETATION, VENUE. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Alllitigation regarding this agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. XIIL INDEPENDENT CONTRACTOR It is agreed by the parties, that at a11 times and for all purposes, within the scope of the Agreement resulting from this solicitation, the relationship of Midwest to the City is that of independent contractor and not that of employee. No statement contained in the specification or resulting Agreement shall be construed so as to find the Midwest an employee of the City, and Midwest and its employees, officers and agents shall be entitled to none of the rights, privileges, or benefits of Saint Paul employees. XIV. NON-CONFORMING SERVICES. The acceptance by the City of any non-conforming services under the terms of the Agreement or the foregoing by the city of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the City's right to conforming services or any rights and/or remedies with respect to any subsequent breach or default of the terms of the contract. The rights and remedies of the City provided or referred to under the terms of the contract are cumulative and not mutually exclusive. XV. ENTIRE AGREEMENT. The specifications and other solicitation materials associated with this Contract and these General Terms and Conditions shall constitute the entire Agreement between the parties and shall supersede all prior oral or written negotiafions. ba--���f � XVI. INSURANCE. Midwest shall be required to carry insurance of the l�nd and in the amounts shown below for the life of the contract. Insurance certificates should state that the City of Saint Paul, its officials, employees; a�ents and representatives are named as Additional Insureds. 1. Public Liability Insurance a) Bodily Injury $ 1,000,000 $ 2,000,000 each occurrence aggregate b) Property Damage � 1,000,000 $ 2,000,000 each accident aggregate c) Policy must include an"all services, products, or completed operations" endorsement. 2. Automobile Insurance a) Bodily Injury $ 750,000 per person $ 1,000,000 per accident b) Property damage not less than $50,000 per accident 3. Workers Compensation and Emplover's Liabilitv a) Worker's Compensation per Minnesota Statute b) Employer's Liability shall have minimum limits of $500,000 per accident; $500,000 per employee; $500,000 per disease policy lunit. c) Contractors (Providers) with 10 or fewer employees who do not have Worker's Compensation coverage are requued to provide the City with a letter verifying their number of employees. 4. Professional Liability Insurance $1,000,000 per occurrence $2,OOO,QOQ aggregate 5. GeneralInsurance Requirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occunence basis. All certificates of insurance shall provide that the City's Division of Contract and Analysis Services be given not less than thirty (30) days prior written notice of cancellation, non-renewal or any material changes in the policy, including, but not limited to, coverage amounts. Agent must state on the certificate if policy includes enors and omissions coverage. b) Midwest shall not commence work until a Certificate of Insurance covering ali of the insurance required for this project is approved and the project manager has issued a norice to proceed. Insurance must remain in place for the duration of the original contract and any extensions periods. o a c) The City reserves the right to review Contractor's insurance policies at any time, to verify thaf City requirements have been met. d) Nothing shall preclude the City from requiring Contractor to purchase and provide evidence of additional insurance. XVIII. ADi�'IIIVISTRATION, NOTICES. 1. Both Midwest and the City shall desi�ate a contact person to administer this Agreement. For the City the contact shall be the Special Sezvices Manager: For Midwest the contact person shall be: Cold Drink District Sales Manager 2. All notices pertaining to this Agreement shall be in writing and shall be sufficient if personally delivered or sent by United States Mail, certified, rehun receipt requested to City at: Division of Parks and Recreation 300 City Ha11 Annex 25 West 4"' Street Saint Paul, MN 55102 and to Midwest at: Midwest Coca-Cola Bottling Company 2750 Eagandale Boulevard Eagan, MN 55121-1292 XIX. SEVERABILITY. If any provision of this Agreement shall be declared invalid for any reason and such provision does not destroy the putpose of this Agreement, or make the performance of the rema.ining terms and conditions unfeasible, then such provision shall be deemed severable and the remaining terms and conditions of the Agreement shall be enforced in accordance with their terms. o a-����� IN 4VITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first written above. 1V�WEST COCA-COLA BOTTLING, INC CTTY OF SAINT PAUL Its Its Mayor Director of Pazks and Recreation Directar, Department of Finance APPROVED AS TO FORM: