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East Stroudsburg area board directs staff to refuse Coca‑Cola contract amendments
Summary
The board directed district leadership to refuse amendments proposed by Coca‑Cola — which would have raised soft‑drink case prices slightly — after staff and the solicitor determined the changes did not provide an exit from the contract and included billing for unwanted items.
Board member 3, a district staff member, said Coca‑Cola submitted an amendment request in August that attempted to change contract terms and would not allow the district to exit the agreement. "Our solicitor very clearly says it is not a way out and said I could have just signed the amendment," Board member 3 said, adding that staff declined because the vendor "are changing the terms of the contract."
Board member 3 told the board Coca‑Cola proposed raising the wholesale price the district pays from $24.60 to $24.69 per case — a 9¢ increase — and offered to donate four cases per year to offset some cost. "So the case is going up 9¢," Board member 3 said. Staff noted student sale prices are locked by existing arrangements and that the small per‑case change would not materially change retail pricing.
Member 3 also described instances where the vendor amended purchase orders and billed the district for items the district had not agreed to sell. Staff recounted instructing the vendor to remove those items and refusing to pay for them. "We are not paying this, and you're taking it off my property now," Board member 3 said.
At the close of discussion, Board member 4 moved that Dr. Vitale refuse the amendments proposed by Coca‑Cola due to vendor errors, noting the errors were not the district's. The motion was seconded and approved by voice vote; the transcript records at least two 'Aye' responses during the voice vote.
The board did not adopt new pricing or a contract termination in the meeting; instead, it directed district leadership to reject the vendor's proposed amendment and to continue enforcing the existing contract terms. The board plans no further action on a contract termination at this session.
