PARKS & RECREATION REQUEST FOR PROPOSAL SOFT DRINK EXCLUSIVITY SERVICES The City of Crestwood is requesting proposals for providing soft drink exclusivity services for The Crestwood Community Center, 9245 Whitecliff Park Lane, Crestwood Family Aquatic Center and other city facilities. Proposals must be submitted by Wednesday, March 4, 2015, at 2:00 p.m. to the Crestwood Community Center, 9245 Whitecliff Park Lane, 63126. Proposal documents are available at the Crestwood Community Center. Any proposal received after the time and date specified will not be considered and the City reserves the right to waive all informalities and to reject any or all submittals. For more information, contact the Recreation Manager, at 314-729-4860. CITY OF CRESTWOOD REQUEST FOR PROPOSAL SOFT DRINK EXCLUSIVITY SERVICES I. INRODUCTION A. General Statement - Qualified Soft Drink Companies (“Vendors”) are invited to submit proposals to provide exclusive soft drink services at The Crestwood Community Center, 9245 Whitecliff Park Lane, Crestwood Family Aquatic Center and other city facilities, Crestwood, MO 63126, in accordance with the specifications contained herein. B. Background - The selected company will provide the City with contract proposals in lengths of three years. The City will only offer exclusivity of a product line to a soft drink supplier offering an exemplary package of product price, marketing support and services. If in the City’ s sole opinion, no proposal offers a package worthy of exclusivity rights, the City will then offer all product lines. ALL POTENTIAL BIDDERS MAY VIEW THE FACILITIES ANYTIME BEFORE DEADLINE AND QUESTIONS MAY BE DIRECTED TO: Todd Stover, Parks and Recreation Manager 314-729-4860. II. A. SCOPE OF SERVICES The Crestwood Community Center - The Crestwood Community Center has been in operation since 1978. The contract will be for three (3) years, renewable annually. The facility is a 73,000 square foot complex, consists of meeting rooms, gymnasium, fitness center and lounge. One vending area with one snack and one soft drink machines are currently located in the center. Around 65,000 guests visit the facility yearly for programmed activities and rentals. Community Center Hours of Operation Monday/Wednesday 6 am –9 pm Tuesday/Thursday 9 am –9pm Friday 6 am –6 pm Saturday 8 am –5 pm Sunday closed B. Crestwood Family Aquatic Center –An award winning 6-acre outdoor seasonal aquatic complex, consisting of an 25 yard competition pool with two one meter diving boards, leisure pool with zero depth entry, lazy river, a 3-story water slide, lily pads and family play areas, concession operations, and bathhouse. Operates daily from Memorial Weekend through Labor Day with an average attendance during open swim of over 30,000 people. Programmed activities include Swim & Dive team with over 300 participants, aquatic fitness classes, teen dances and swim lessons. Crestwood Family Aquatic Center Hours of Operation Open Swim Mon –Sun. 12 p.m. –8 p.m. C. Whitecliff Park –The 85 -acre site contains a lighted multipurpose soccer/softball field, four tennis courts, one basketball court, playground, three reservable pavilions seating up to 80. Weekly programmed activities include: Adult Softball Leagues - spring/summer/fall –6 days/week Adult Sand Volleyball Leagues –Summer –3 nights/week Whitecliff Summer Playhouse with 4 summer productions attended by 300 or more each night Tennis lessons –spring/summer/fall –2 to 4 days/week Pickup basketball –approximately 25 to 50 users nightly and weekends Tennis court open play –daily 2 D. II. A. Current Inventory of Equipment Location Items Community Center 1 beverage vending machine Whitecliff Park none Aquatic Center 2 beverage vending machines 1 fountain service machine INSTRUCTIONS TO BIDDERS The Proposal - In submitting the Proposal, the Vendor represents, warrants and covenants that: 1. The Vendor has carefully examined the specifications and all provisions contained in this Request for Proposal relating to items to be furnished and the work to be done and understands the meaning, content and requirements of and agrees to the same. 2. The Vendor will enter into a written contract (the “Agreement”) with the City of Crestwood with the terms and conditions set forth herein and furnish the items and complete the work in the time specified for the prices quoted in the accepted Proposal. 3. The Proposal must be signed, sealed, and marked “Soft Drink Exclusivity Proposal”and delivered to The Crestwood Community Center, 9245 Whitecliff Park Lane, Crestwood, Missouri 63126, attn: Todd Stover, no later than Wednesday, March 4, 2015, at 2:00 p.m. B. The Proposal Form - Proposals must be accompanied by a completed Proposal Form (the “Proposal Form”) and include all information required by this Request for Proposal. Failure to do so could result in disqualification for further consideration. C. Bidder’s Declaration - The Vendor will not be permitted to use, to its advantage, any omission or error in the Request for Proposal, the specifications, requirements, or the contract documents, and the City reserves the right to issue new instructions for such error or omission if originally specified. All Vendors submitting Proposals must submit the Bidder’ s Declaration (the “Bidder’ s Declaration”), which is part of the Proposal Form, a copy of which is attached. The Bidder’ s Declaration states that he/she has examined the information and conditions surrounding the operation of the Concession Stand contemplated by the Proposal, and is familiar with the requirements as to equipment, supplies and labor of such undertaking; and that he/she has carefully prepared, examined and checked the Proposal to ascertain that no mistake or error is contained in the Proposal; and that he/she will make no claim for correction or modification after the closing time for the receipt of bids. D. Addenda to Request For Proposals - If the Vendor has any questions which arise concerning the true meaning or intent of the specifications or any other requirements stated herein, the Vendor shall request an interpretation be made by Addendum issued by the City, made available to all Vendors bidding pursuant to this Request for Proposal. Failure to have requested an Addendum governing any such question shall not relieve the Vendor from delivery in accordance with specification intent. Questions shall be directed to the Recreation Manager at (314) 729-4860. E. Bid Valid for Six Months - No bid may be withdrawn for a period of six (6) months following the date specified for receipt of the bids. F. Right to Reject Bids - The City reserves the right to reject any or all Proposals and to waive any informalities in the Proposal and accept the Proposal that, in the sole judgment of the City, will be in the best interest and/or most advantageous to the City and the citizens to be served by the Agreement. III. A. GENERAL CONDITIONS Exclusive Contract - It is the desire of the City to award an exclusive Contract to one Vendor for the exclusive right to provide soft drink product and services for The Crestwood Community Center and Family Aquatic Center, Whitecliff Park and Crestwood Park. However, the City reserves the 3 B. C. D. right to enter into a separate Contract with a Vendor if the City determines, in its sole discretion, that such a Vendor will provide better services or higher rental payments to the City. 1. The Contract, which will commence in April 2015, and run through March 2018, will be reviewed and renewable annually for up to three years. This Contract shall be subject to termination by the City in the event of sale or destruction of the facility or because of misfeasance or nonmisfeasance by the operator. The City may also terminate this Contract for repeated noncompliance with the requirements as set forth in these specifications. Either party may terminate the Contract for any reason with a sixty (60) day written notice. 2. The City also reserves the right, by the Contract, to cancel any part or all of the same for failure by the Vendor to follow the terms of said Contract. 3. All licensing required by Ordinances of the City of Crestwood will be required. 4. Vendors may elect to submit an alternate proposal. Proposals reflecting the intent of these specifications will be given priority over alternate proposals, and alternate proposals cannot be written for more than one year. Proposals received from owners, operators, or organizations that operate within the City of Crestwood City will receive priority. Describe in detail the equipment that the Vendor intends to install. The City shall provide and maintain the utility service for the existing building and equipment used. A list of items and anticipated prices of the products available. It may be to the Vendor’ s advantage to briefly state any additional information they believe to be pertinent to the evaluation of their Proposal. IV. THE CITY OF CRESTWOOD TO BE INDEMNIFIED AND HELD HARMLESS The Contract shall require that the Vendor covenants and agrees to release the City from any and all liabilities of any kind or nature in which the right, cause of action or claim of any kind or nature whatsoever may hereinafter accrue to the Vendor, its employees or agents, by virtue of the Contract between the Vendor and the City. Vendor further covenants and agrees to indemnify and hold the City harmless from any and all claims, rights or causes of actions for damages of every kind and nature whatsoever which may arise as a result of the Contract between the City and the Vendor regardless of any claim of negligence or fault against the City and its employees and agents. Vendor agrees to pay any and all amounts, which the City may be required to pay for damages or compensation connected with any claim arising by virtue of the Contract between the Vendor and the City. Vendor has agreed to hold the City harmless from as set forth herein. VI. SUBMISSION REQUIREMENTS To simplify the review process and to obtain the maximum degree of comparability, the proposals must follow the outline set forth below and, at a minimum, contain the required information. A. Letter of Intent –Please submit a brief letter of intent, which should include a description of the services provided and any other relevant information. Vendor should include options for creative marketing methods to promote the Crestwood Parks and Recreation Department through inserts, bus advertisements, leaflets, school programs, radio spots, etc. that will be provided. Please include a proposed marketing plan, frequency of running, and timeline for such services. Service response time for both weekday and weekend calls. Delivery of product A preventive maintenance plan on equipment. Product cost, inflation rate over the length of contract Equipment and services available to the City B. It is equally important to emphasize the specialties and strengths of your organization. Specifically tell us why you should be selected as the exclusive Vendor. C. Organization 1. Please list the credentials and insurance for your organization. 2. Identify the key contact for this operation. D. Equipment Vendor must submit a list of equipment and product to be installed. 4 E. Compensation Vendor shall provide within proposed plan a compensation package for exclusivity rights. F. Additional Information Include additional information to assist in evaluation of your proposal and qualifications. G. Deliverables The Vendor will provide two (2) copies and one (1) original of the Proposal for review. VII. Selection Criteria The selection process for these services will be evaluated through a Qualified Based Selection (QBS) process. The award of this Proposal will be made to the Vendor offering a response that best meets the needs of the City. Each Vendor will be evaluated upon the following criteria: A. Quality of Proposal and specific approach to complete the project. B. Credentials of firm and demonstrated ability in similar projects. C. Any and all costs to the City of Crestwood. D. Proposed compensation package for right to exclusivity services. VIII. Miscellaneous A. Proposal Submission Proposals shall be submitted as follows: To: The Crestwood Community Center 9245 Whitecliff Park Lane Crestwood, MO 63126 Attn: Todd Stover, Recreation Manager Submittal Date: Wednesday, March 4, 2015 Time: 2:00 p.m. B. Proposal Acceptance 1. The City of Crestwood reserves the right to accept the Proposals in whole or in part, and to reject any and all Proposals, and to negotiate separately as necessary to serve the best interests of the City. 2. Neither the distribution of this RFP nor acceptance of any response should be construed as creating a contractual obligation between Crestwood and any vendor. The City does not authorize and will not be responsible for any expense or charges associated with providing a response to this Request for Proposal. 3. Notification of award will be made by the Director of Parks and Recreation. The selected candidate will be required to enter into a contract with the City. 4. This Proposal must remain valid for at least one six (6) months after submittal date. C. Additional Information All questions should be directed to Todd Stover, Recreation Manager at 314-729-4860. 5 BIDDER’S DECLARATION Signature of bidder indicates that he/she has examined the information and conditions surrounding the operation of the Concession Stand and is familiar with the requirements as to equipment, supplies and labor of such undertaking; and he/she has prepared, examined and checked the Proposal to ascertain that no mistake or error is contained in the Proposal; and that he/she will make no claim for correction or modification after the closing time for the receipt of the bids. _________________________________ Signature of Bidder __________________________ Date _________________________________ City Administrator __________________________ Date 6 Crestwood Parks and Recreation Vending & Concession Services Proposal Vendor has provided the following information: Letter of Intent Experience/References Compensation package Equipment list Additional Information Deliverable provided –2 copies/1 original Vendor understands that the City of Crestwood reserves the right to waive irregularities, reject any and all proposals for up to sixty (60) days and the award in the best interest of the City. The City of Crestwood is exempt from all sales tax. Vendor understands that the proposal must be submitted on or before 2:00 pm, Wednesday, March 4, 2015: to The Crestwood Community Center, 9245 Whitecliff Park Lane, Crestwood, Missouri, 63126 to be considered. Vendor has met all requirements and is included as submittals with this packet. Submitted By: Signature: _________________________________ Printed Name: _________________________________ Title: _________________________________ Company Name: _________________________________ Address: _________________________________ City, State, Zip: _________________________________ Telephone/Fax: _________________________________ 7 (Seal if proposal is submitted by a corporation) NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of ) ) ss ) , being first duly sworn, deposes and says that: 1. He is (owner, partner, officer, representative or agent) of Bidder that has submitted the attached bid: , 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3. Such bid is genuine and is not a collusive or sham bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person or to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, or to secure any advantage against the Owner or any person interested in the proposed contract, and; 5. The price or prices quoted in the attached bid are fair and proper, and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. Signed _______________________________ Title __________________________________ Subscribed and sworn to before me this _________day of ______________, 20 ____ Notary Public: ______________________________ My Commission expires: _____________________ 8 the CERTIFICATION OF NON-SEGREGATION By submission of this bid, I certify that I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I certify further that I will not maintain or provide for my employees any segregated facilities at any of my establishments, and that I will not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I agree that a breach of this certification is a violation of the Equal Opportunity clause of this contract. As used in this classification, the term “segregated facilities”means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom or otherwise. I further agree that I will obtain identical certifications for proposed subcontractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from provisions of the Equal Opportunity clause; that I will retain such certifications in my files, and that I will forward the following notice to such proposed subcontractors. Signed: ______________________________________________ Vendor _______________________________________________ Date 9 Product - Bottles Cola Diet Cola Root Beer Orange Ice Tea Mt. Dew/Surge Sports Drink Bottled Water Other Product - Cans Cola Diet Cola Root Beer Orange Ice Tea Mt. Dew/Surge Sports Drink Bottled Water Other Bag In Box Cola Diet Cola Root Beer Orange Ice Tea Mt. Dew/Surge Sports Drink Bottled Water Other Cups - Plastic 12 oz 16 oz 20 oz 24 oz 32 oz Cups - Paper 12 oz 16 oz 20 oz 24 oz 32 oz Carbon Dioxide 20 lb 50 lb Oz Unit Price $ $ $ $ $ $ $ $ $ Case Price $ $ $ $ $ $ $ $ $ Oz Unit Price $ $ $ $ $ $ $ $ $ Case Price $ $ $ $ $ $ $ $ $ Gal Gal Price $ $ $ $ $ $ $ $ $ Quantity Unit Price $ $ $ $ $ $ $ $ $ $ Quantity Unit Price $ $ $ $ $ Case Price $ $ $ $ $ Lb 20 lb 50 lb Case Price Unit Price $ $ Total $ $ 10