Exclusive_Pouring_Rights_At_The_Phoenix_Convention_Center,_Symphony_Hall_and_Orpheum_Theatre_(Addendum_#1_Revision).pdf

REVENUE CONTRACT SOLICITATION

RCS PCC 26-0314

EXCLUSIVE POURING RIGHTS AT THE PHOENIX

CONVENTION CENTER, SYMPHONY HALL AND

ORPHEUM THEATRE

City of Phoenix

Phoenix Convention Center

100 N. Third Street

Phoenix, AZ

85004-2231

RELEASE DATE: June 4, 2026

DEADLINE FOR QUESTIONS: July 1, 2026

RESPONSE DEADLINE: July 24, 2026, 12:00 pm

City of Phoenix

REVENUE CONTRACT SOLICITATION

RCS PCC 26-0314

Exclusive Pouring Rights At The Phoenix Convention Center, Symphony Hall and Orpheum Theatre

1. Summary ............................................................................. Error! Bookmark not defined.

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6. Determination of Responsiveness and Responsibility and Evaluation . Error! Bookmark not defined.

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Attachments:

A - Locations of Nozzle and Vending Machines

B - Required Report Formats

C - C - Required_Reports

D - D. Historical Volumes By Category

Revenue Contract Solicitation #RCS PCC 26-0314 Title: Exclusive Pouring Rights At The Phoenix Convention Center, Symphony Hall and Orpheum Theatre

1. Introduction

1.1. Contact Information

Dorene Boyd

Phoenix Convention Center Department (PCCD)

Email: dorene.boyd@phoenix,gov

Phone: 602-534-1242

1.2. Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are

Local Phoenix, AZ Time.

To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Dorene Boyd) at 602-534-1242/Voice or 711/TTY, or dorene.boyd@phoenix.gov, no later than two (2) days prior to the meeting.

Solicitation Issue Date: June 4, 2026

Pre-Offer Conference (Non-Mandatory): June 24, 2026, 11:00am

100 North Third Street, Phoenix Arizona.

Second Floor Room 207

Site Visit (Non-Mandatory): June 24, 2026, 11:30am

100 North Third Street, Phoenix Arizona.

Second Floor Room 207

Written Inquiries Due Date: July 1, 2026, 12:00pm

Offer Due Date: July 24, 2026, 12:00pm

1.3. Minimum Qualifications

Each Proposers must submit documentation in its Response to demonstrate it meets the required minimum qualifications and include all information requested in this section or the

Response will be rejected as non-responsive. The City of Phoenix Convection Center

Department reserves the sole right to determine if Proposer meets the minimum qualifications.

1.3.1. The Proposers must have a minimum of 7 years' experience performing services as described in the scope of work. Offeror shall provide a history of the business/nonprofit including· the date established, the length of time that the firm has been operating as the legal entity and the length of time the firm has been providing the requested services. Discuss the areas of expertise and resources available both nationally and locally to provide the requested services.

1.3.2. The Proposers must provide pricing comparison with six other comparable venues to ensure that patron pricing remains competitive and aligns with the industry standards.

1.4. Good Standing

Any Proposer and Partners, as defined in the Response Limitation to this RCS section, that currently contracts with the City must be in good standing for its Response to be considered responsive. For purposes of this RCS, good standing refers to compliance with all contractual provisions, including payment of financial obligations.

1.5. Execution of the Contract

1.5.1. The City will approve the final Contract to the recommended Proposers after Phoenix City

Council approves the Award Recommendation. Within 30 days from the date the Contract was sent, the recommended Proposers must sign and submit the final Contract to the City. The City may request City Council approval to award the Contract to the next highest qualified Proposers in the event the City does not receive the signed Contract and all other required documentation from the recommended Proposers within 30 calendar days. The Contract terms may be amended at the sole discretion of the City at any time during the RCS process and/or prior to execution.

1.5.2. If the recommended Proposers are subject to regulation by the Arizona Corporation

Commission (ACC), it must be authorized to transact business in Arizona and be in good standing with the ACC at the time it signs the Contract.

1.6. Guarantee Instruments

1.6.1. Insurance. Upon notification that Proposer is subject to award, the Proposer will have 10 business days to submit a complete certificate of insurance in the minimum amounts and coverages as required in the Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

1.6.2. Surety Bond. Upon notification that Respondent is subject to award, the Respondent will have 30 days to acquire and submit a surety bond to the City in the amount of $10,000 as a

Performance Guarantee. Security deposits and Letters of Credit will not be accepted.

1.6.2.1. Prior to commencing any work pursuant to this Agreement, the Consultant must provide a performance bond and a labor and materials bond, each in an amount equal to the total costs to perform the work.

1.6.2.2. Each such bond shall be executed by a surety company or companies holding a

Certificate of Authority to transact surety business in the state of Arizona, issued by the

Director of the Arizona Department of Insurance. A copy of the Certificate of Authority shall accompany the bonds. The Certificate shall have been issued, updated, or certified within two years prior to the execution of this Agreement.

1.6.2.3. The bonds shall be made payable and acceptable to the City of Phoenix.

1.6.2.4. The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the state of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of Power of Attorney of the signing official.

1.6.2.5. Personal or individual bonds are not acceptable.

1.6.2.6. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Consultant shall promptly furnish a copy of the bonds or shall permit a copy to be made

1.6.2.7. All bonds submitted for this Project shall be provided by a company which has been rated AM Best rating of “A- or better for the prior four quarters” by the A.M. Best

Company.

1.6.3. Adjustments to Performance Guarantee:

City may increase the amount of the Performance Guarantee from time to time so that it is equal to or greater than six (6) months of MAG paid to the City then in effect. City may increase the amount of the Performance Guarantee by giving the Successful Respondent at least thirty (30) days prior notice of the amount of the increase. The amount of the Performance Guarantee may be increased for any reason the City deems appropriate, including (1) an increase of the

Successful Respondent’s financial obligations under the Contract, (2) Successful Respondents failure to pay any MAG, Additional Payment, or any other amount when due, or (3) Successful

Respondent’s financial condition changes to the extent that City is concerned about Successful

Respondent’s ability to perform under the Contract. Successful Respondent shall pay to City the additional amount necessary to increase the Performance Guarantee upon notice from City.

1.6.4. Duty to Restore: The Performance Guarantee insures the full and timely performance by

Successful Respondent of all its obligations under the Lease and is security payment by

Successful Respondent of all claims by City. City may draw on or make a claim against the

Performance Guarantee if Successful Respondent breaches or fails to perform under the

Contract. If City draws on or makes a claim against the Performance Guarantee, then

Successful Respondent, upon demand from City, shall replenish the Performance Guarantee to its previous amount within thirty (30) days of City’s draw or claim.

1.6.5. Return: After the expiration or earlier termination of the Contract, City will return the

Performance Guarantee to the Successful Respondent

1.7. Pre-Proposal Meeting

Proposers are strongly encouraged to attend the Pre-Proposal meeting that will be held at the

Phoenix Convention Center, West Building, 100 North Third Street, Phoenix Arizona. Second

Floor, Room 207 on the date and time listed in the Schedule of Events.

To request a reasonable accommodation, please contact the Procurement Officer Dorene Boyd, no later than two calendar days prior to the date and time listed in the Schedule of Events.

In addition, a site tour of our will be offered following the meeting.

1.8. Questions and Answers (Q&A) Process

1.8.1. Proposers are strongly encouraged to read this RCS in its entirety, including all attachments, exhibits and appendices. Failure to read and/or understand any portion of this

RCS shall not be cause for waiver of any portion of the RCS.

1.8.2. If Proposers discover any mistakes, improprieties or defects, they should submit a report of any mistakes, improprieties or defects in writing to the Procurement Officer no later than the question deadline listed in the Introduction section.

1.8.3. Proposers and their Partners, as defined in section "Response to the RCS Limitation" are encouraged to submit questions as a team rather than individually to avoid submitting repetitive questions, which will allow PCCD to answer all questions more efficiently.

All questions about this RCS, including the draft Contract, must be submitted in writing no later than the question deadline listed on page 3 to the Procurement Officer. All written questions will be responded to in writing and available at City's Procurement Portal.

1.9. Addendum to the RCS

1.9.1. PCCD may amend this RCS before or after the solicitation deadline listed in the Schedule of Events. Changes to this RCS will be in writing as an addendum and posted at the City's

Procurement Portal. Proposers are responsible for checking the website and reviewing all updates and postings.

1.9.2. Proposers may not rely on any statement by any City employee, consultant or official regarding this RCS unless the statement made is published as an addendum or confirmed in writing as part of the Q&A process.

1.10. Proposers Exceptions

The City will award based on a fair and competitive basis and will not accept any changes to the material provisions or requirements of this RCS or Contract. Proposers that take exception to, add to, or subtract from any material provision or requirement of this RCS may be considered as attempting to change the provisions or requirements of this RCS to gain an unfair advantage over other Proposers. Responses including such exceptions or changes, or that are conditional, are subject to rejection as non-responsive Responses. Non-material exceptions or changes will only be considered if approved by the City during the Q&A process. No new exceptions or changes will be considered after the Q&A process.

1.11. Response Limitation to this RCS

Proposers may submit only one (1) Response for this RCS. Multiple Responses are prohibited.

The following shall be deemed Multiple Responses.

1.11.1. The following shall be deemed Multiple Responses:

1.11.1.1. The City receives more than one (1) Response from a Proposer.

1.11.1.2. The City receives one (1) Response from a Proposer and one (1) or more

Responses from any entity or person affiliated with the Proposer.

1.11.2. If Multiple Responses for this RCS are received from a Proposer, all Responses from that Proposers shall be deemed non-responsive and rejected.

1.11.3. Proposers and an entity or person affiliated with the Proposers (Partner) include:

o A parent and its subsidiary.

o A holding company and its constituent company.

o Constituent companies of a single common holding company.

o Subsidiaries of a common parent.

o A limited liability company and a member or manager of the limited liability company.

o Limited liability companies with common members or managers.

o A partnership and one of its partners, or multiple partners in a single partnership.

o Two or more Proposers where the president, vice president, officer (including chief operating officer, chief executive officer, and chief financial officer), agent, majority owner or stockholder, management employee, managing or controlling partner, or controlling owner of one Respondent is also the president, vice president, officer

(including chief operating officer, chief executive officer, and chief financial officer), agent, majority owner or stockholder, management employee, managing partner, or controlling owner of any other Respondent.

It is the intent of the City that this prohibition applies regardless of whether the affiliated person or entity submits a response independently or as a partner of a joint venture or other partnership.

The prohibition on Multiple Responses does not preclude a person or entity from participating on more than one Response as a subtenant only, or submitting a Response as a Respondent and participating as a subtenant, licensee or vendor on a different Respondent’s team.

CONTINGENT RESPONSES WILL BE REJECTED.

2. Scope of Work

2.1. Pouring Rights

2.1.1.In exchange for monetary and non-monetary consideration, City grants to Proposer the exclusive right to make Proposer’s Products available for sale and distribution throughout the

Facilities. Products will be the exclusive beverages sold, dispensed, or otherwise made available, or in any way advertised, displayed, represented, or promoted at, or in connection with, the Facilities by any method or through any medium whatsoever. The Exclusive Beverage

Pouring Rights granted herein to Proposer shall not conflict with any previous or future rights granted to certain franchised retail outlets, employee break rooms, or to the Permitted

Exceptions.

2.1.2. Proposer will supply PCCD with 500 cases of bottled water annually, with any unused cases carrying over to the following year. Bottles shall be standard 16.9-ounce units or a size approved by PCCD. PCCD may use the donated water bottles in any manner it chooses, including hospitality and/or City sponsored events. These cases are not subject to commissions.

2.1.3.Proposer will work with F&B Provider to provide the appropriate volume of merchandising support, equipment, and points of sale to meet all levels of service needs.

2.1.4. During each year of the resultant contract, Proposer, will create at least one Promotional

Vending Program for the Cold Drink Vending Machines. The Vending Promotion Program shall have a total retail value of $15,000 annually. The details of each Promotional Vending Program must be reviewed and approved by the Director or designee. The value of any Vending

Promotion which is not executed during any contract year shall not be carried over to the subsequent contract year.

2.1.5. If a third-party rents the Facilities for a specialty event, i.e. NFL Super Bowl party, or an

NBA All-Star Weekend event, and there is a previously contracted sponsorship agreement in place and the third-party requires that beverages other than the Proposer’s Products be made available at such specialty event, Competitive Products may be made available at such specialty event.

2.1.6. Proposer will have the exclusive right to sell and pour products in Vendor Questionnaire

#9A and 9B through Cold Drink Vending Machines and fountain dispensing units throughout the facilities. During the term of the resultant Contract, Competitive Products may not be sold or dispensed through Cold Drink Vending Machines or Fountain Dispensing Units, subject to permitted exceptions.

2.1.7. PCCD and/or its F&B provider will purchase all Products directly from Proposer at the prices set forth in Vendor Questionnaire #9A, 9B, 9C. However, PCCD reserves the right to have its F&B provider purchase customized cups and lids, to feature the trademarks of

Proposer, and bulk carbon dioxide, from other sources.

2.1.8. Proposer and/or the F&B Provider will deliver all products to designated areas.

2.1.9. Proposer must keep Cold Beverage Vending Machines adequately stocked and make full refunds when machines fail to deliver the product after accepting a customer’s cash or credit card payment. To this end, Proposer’s Cold Beverage Vending Machines must have a

Customer Service telephone number visibly displayed that can be used by customers who have not received the product they paid for.

2.1.10. The Proposer will be solely responsible for stocking all vending machines and refilling all fountain equipment. The F&B Provider may perform these duties at its discretion; however, such assistance does not relieve the Contractor of its obligations under this Contract. The

Proposer must respond to PCCD restocking requests for high-volume machines or equipment within four (4) hours. Repeated failure to meet response requirements may constitute non-performance under the resultant contract.

2.1.11. Products shall not be sold beyond manufacturer's expiration or best-by-date. Proposer will bear all costs for removal/replacement of expired products.

2.1.12. Proposer will work with F&B Provider to develop an agreed-upon delivery and stocking schedule for the Proposer’s Product.

2.1.13. Proposer must maintain certified service personnel capable of responding within 2 hours during event hours and 4 hours maximum during off-hours for equipment failures. Timely response is mandatory to ensure uninterrupted operations and must be treated as a priority requirement. Proposer will provide an emergency number and contact name for all mechanical service and product deliveries to the Contract Manager.

2.1.14. Proposer will be responsible for collecting, for its own account, all cash monies and credit card sales from Cold Beverage Vending Machines and for all related settlements.

2.1.15. City agrees to provide reasonable assistance to Proposer in apprehending and prosecuting vandals. Proposer shall not be obligated to pay commissions on documented revenue losses resulting from vandalism or theft of Products with respect to any Vending

Machines. City will not be liable for damages and/or losses.

2.2. Pricing Increases

2.2.1 .Price increases, for products listed in vendor questionnaire #9A, 9B, and 9C, will not exceed 3% annually and will be subject to Director approval.

2.2.2. Proposer agrees that it will not price the Products placed in the Facilities at a price point higher than the prevailing rate charged by Proposer at the majority of similar facilities.

2.3. Advertising Rights

2.3.1. Proposer will have the exclusive right to advertise its products at the Facilities. No permanent or temporary advertising, signage, or trademarks for competitive products will be displayed outside of the permitted exceptions.

2.3.2. Proposer’s marketing team will work with the City’s marketing team or client to develop a mutually agreed upon case-by-case promotional marketing package that may include but is not limited to: truck back promotional mobile posters, promotional in-store ring-neck messages and/or bottle and can imprints. Some other traditional promotions may include third party tie-ins and segues. The creative marketing teams will work together to generate the maximum impressions and promotion for selected site activities and events as mutually determined by the

City and Proposer.

2.3.3. Proposer will have access to use PCCD’s Advertising Package on internal digital monitors located throughout the Facilities.

2.3.4. Proposer’s Cold Beverage Vending Machines and Fountain Dispensing Equipment may be identified with the appropriate trademarks/logos.

2.3.5. Proposer’s Products will be dispensed in Proposer’s Equipment only; no other trademark equipment, coolers, or containers will be permitted.

2.4. Proposer’s Equipment

2.4.1. Within 30 days of the resultant Contract effective date, Proposer will install a minimum of

18 Cold Beverage Vending Machines and a minimum of 27 Fountain Beverage Dispensing

Units at the locations specified in Attachment A and/or other mutually agreed upon locations throughout the Facilities. PCCD will not have any responsibility to improve existing infrastructure that may be necessary for the installation in new locations. Proposer shall be responsible for damage caused by equipment, installation, servicing, or personnel. PCCD will keep the Cold

Beverage Vending Machine locations clean and litter free according to the standards it has established for the Facilities.

2.4.2. Proposer will provide PCCD with the most progressive and up-to-date Cold Beverage

Vending Machines, Fountain Dispensing Equipment, and other Equipment detailed in Vendor

Questionnaire #10 at no cost to PCCD for use by its F&B Provider.

2.4.3. Equipment will include telemetry that allows PCCD to access real-time sales data.

2.4.4. Proposer will work with F&B Provider in the design and installation of this equipment. All designs and installations are subject to the approval of the Director. Title to all equipment shall be retained by Proposer and shall be returned to Proposer upon expiration or termination of the resultant Contract.

2.4.5. Proposer will maintain, service, and replace, with new equipment, at its sole cost, based on the following replacement cycles:

2.4.5.1. Vending machines: every 5 years

2.4.5.2. Fountain units: every 7 years

2.4.6. Proposer will replace equipment, as requested by PCCD, if routine losses and operation interruptions are recurring due to equipment maintenance and servicing issues.

2.4.7. Proposer will service all faulty equipment within four hours of being notified by Contract

Manager and/or F&B Provider.

2.4.8.Proposer will work with the F&B Provider to develop and perform a minimum of two quality maintenance checks annually on all equipment to ensure the proper operation of all of

Proposer’s equipment located within the Facilities. Proposer will complete the Bi-Annual

Equipment Inspection Report listed in Attachment B for each of these inspections.

2.5. Sustainability Requirements

2.5.1. All vending and fountain machines must be Energy Star certified or equivalent energy-efficiency standard.

2.5.2. Proposer must utilize 100% recyclable packaging where commercially available.

2.5.3. Proposer must participate in City recycling and waste-reduction programs.

2.5.4. Proposer will provide to the contract manager annual sustainability report demonstrating compliance.

2.5.5.Proposer must comply and participate in PCCD’s and its F&B Provider’s sustainability programs, if applicable.

2.6. Reporting

Proposer will be required to submit a variety of reports as detailed below. Samples of the reports can be found in Attachment B.

Report Name Submit to Due Date Required Documentation

Annual Sponsorship/Pouring

Rights Fees Report

Accountant II and

Contract Manager

Annually, due by January 31 Confirmation that the annual fee was paid.

Refer to the sample 1 report format in

Attachment B.

Commission on Vending

Machine Sales

Accountant II and

Contract Manager

Monthly, By the 15th of each month

(for the prior month)

Backup Documentation Attached (i.e. F&B warehouse invoice copies). Refer to the sample 2 report format in Attachment B.

Quarterly Bottles and Cans

Rebates

Accountant II, Contract Manager, and Assistant General

Manager for the F&B

Provider

Quarterly, due by the 15th of the following month after quarter end

A quarterly summary of bottles and cans purchased by PCCD and/or the F&B

Provider, detailing the commission payment amount. Refer to the sample 3 report format in Attachment B.

Quarterly Gallon/Case

Rebates

Accountant II, Contract Manager, and Assistant General

Manager for the F&B

Provider

Quarterly, due by the 15th of the following month after quarter end

A monthly summary of all Fountain gallons purchased by PCCD and/or the F&B

Provider, broken out by rebate thresholds and commission payment amounts. Refer to the sample 4 report format in Attachment B.

Bi-Annual Equipment

Inspection Report

Contract Manager and

Assistant General

Manager for the F&B

Provider

Bi-Annually, due by January 15 and July 15

A completed Bi-Annual Equipment Inspection

Report that includes the inspection date, equipment description, and inspection results for all applicable equipment inspected during the reporting period. Refer to the sample 5 report format in Attachment B.

Annual Sustainability Report Contract Manager Annually, due by January 31 Office of Sustainability

Annual Marketing Report Accountant II and

Contract Manager

Annually, due by January 31 Confirmation that the annual fee was paid.

Refer to the sample 1 report format in

Attachment B.

2.7. Additional Terms and Conditions

2.7.1. Proposer’s personnel agree to fully cooperate with PCCD’s badging, safety, and security policies and procedures.

2.7.2. Proposer must ensure that their employees are attired in Proposer’s uniform, clean and neat in appearance, and wearing visible identification badges.

2.7.3. Proposer will have sales and delivery of products available seven days per week to the

F&B Provider’s warehouse.

2.7.4. Proposer’s trade names, trademarks, service marks, logos, designs, identifications, decals, artwork, and other symbols and devices relating to Proposer or its products or services and utilized in connection with the exercise of the rights granted to Proposer hereunder

(“Proposer Property”) shall remain the property of the Proposer. Any and all rights to the

Proposer’s property arising under trademark or copyright law or otherwise relating to such items will inure to the benefit of the Proposer. Except as expressly provided herein, City is not licensed or otherwise authorized to use in any way Proposer property, and no use by City of

Proposer’s property may be undertaken without Proposer’s prior written consent as the manner of presentation on content of the use.

2.7.5. The trade names, trademarks, service marks, logos, designs, identification, decals, artwork and other symbols and devices associated with the Facilities will remain the property of

PCCD. Any and all rights to PCCD and related property under trademark or copyright law or otherwise relating to such items will inure to the benefit of the City. The right to use PCCD property, as may be permitted under resultant Contract is non-assignable, non-exclusive, and non-transferable by Proposer. Except as expressly provided herein, Proposer is not licensed or otherwise authorized to use any City property

2.8. Liquidated Damages

Except as otherwise provided herein for repeated failure to meet a specific standard and requirement, prior to the imposition of liquidated damages, Proposer will receive written notice of the details of non-compliance. Following delivery of such notice, Proposer shall have 24-hours within which to either correct the matter or, if the matter is not correctable within 24-hours, to initiate corrective action and to diligently prosecute it to completion. In the event unsatisfactory conditions are not corrected or corrective actions are initiated, as appropriate, liquidated damages shall be applied. The 24-hour correction period shall commence when the written notice is delivered to the successful Proposer’s designated employee.

2.9. City’s Responsibilities

The Director’s designee shall serve as the Contract Manager during the term of the resultant

Contract. The Contract Manager has the authority to administer the resultant Contract and shall monitor Proposer’s and the F&B Provider’s compliance with all terms and conditions stated herein. All requests for information or decisions by the Proposer and/or F&B Provider on any aspect of the work shall be directed to the Contract Manager.

2.10. Sponsorship Rights

2.10.1. City hereby grants to Proposer the right to be designated and referred to as the “Official

Beverage Sponsor of the Phoenix Convention Center and Venues” and the right to promote this designation. Sponsorship rights are limited to non-alcoholic beverages (fountain, bottle, and cans) in all categories defined as Products within this RCS and resultant Contract. PCCD reserves the right to review and approve any and all advertising that the Proposer uses to promote its Sponsorship Rights.

2.10.2. PCCD will allow the Proposer to display its marks and logos on the Facilities’ External

Digital Marquees and Internal Digital Monitors. Content shall appear at a minimum of one time per day, for a minimum of 5-7 seconds. PCCD may allow event-themed digital ads for certain events within the Facilities. All content, events, and/or event themes shall be pre-approved by

Director or designee. Frequencies may vary in the event of unforeseen maintenance and/or equipment failure and/or may also change depending on event activity in the Facilities.

2.10.3. PCCD will make every reasonable effort to maintain and keep External Marquees and

Internal Digital Monitors operational.

2.10.4. PCCD will pre-approve all digital copy of the Proposer’s logos prior to display on the

External Marquees and Internal Digital Monitors.

2.10.5.PCCD will place Proposer’s logos along with a link to Proposer’s website on www.phoenixconventioncenter.com. Desired graphics will be provided to the Director or designee for pre-approval.

http://www.phoenixconventioncenter.com/

3. Offer Evaluation Criteria

All responsive and responsible Responses will be evaluated based on the following criteria. The criteria will be evaluated for the Proposer's. The sub criteria listed will be considered by the evaluation panel but are neither individually weighted nor listed in order of importance. The score for each Evaluation Criteria will be up to the Points listed for that Criteria. This is a best-value-to-the-City-procurement.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Financial Return (Questionnaire 8 ) Points Based 350 (35% of Total)

2. Product Availability, Pricing, and

Packaging (Questionnaire 9A, 9B & 9C )

• Provided clear, competitive pricing for all Products listed in 9A, 9B and 9C, with transparent justification for alignment with prevailing market rates.

• Packaging & Sustainability -

Offers recyclable or environmentally responsible packaging and outlines processes to prevent expired or non-compliant product distribution.

Points Based 200 (20% of Total)

3. Operations Plan and Method of

Approach (Technical Proposal

Questionnaire 7)

• Proposers shall prepare a detailed method of approach to the scope of work which indicates the services proposed to be performed by the Proposer. This section should confirm the

Proposer’s understanding of the

RCS. The Proposer should clearly outline the recommended approach of the organization in meeting the responsibilities the

City has outlined. The method of approach should be addressed in a manner that reflects understanding and commitment to providing services as needed in a professional and timely manner.

• Describe how the Proposer will meet required response times for equipment service, restocking needs, and operational support during event and non-event hours.

• Proposer shall submit a detailed

30-day transition plan which will describe how the Proposer plans to start operations and bring about a smooth transition of the work to be performed.

Points Based 175 (17.5% of Total)

4. Service Level, Marketing, and

Promotions Commitment (Technical

Proposal Questionnaire 7)

• Explain the Proposer’s plan to maintain, service, and replace vending and fountain equipment to ensure consistent and uninterrupted operations.

• Marketing and Promotional

Collaboration. Outline how the

Proposer will work with the City to develop coordinated marketing campaigns, event promotions, and brand visibility efforts that support PCCD activities.

• Annual Promotional Program.

Provide details on the Proposer’s approach to delivering the required annual vending promotion and any additional promotional initiatives that enhance customer engagement.

Points Based 150 (15% of Total)

5. Firm’s Experience and Qualifications

(Years In Business And References

Questionnaire 3, Technical Proposal

Questionnaire 7)

• Executive Summary. Provide an overview of the Proposer’s company, including years in business, organizational stability, and established presence.

• Submit a list of three relevant clients served by Proposer within the last three years. Include a contact person, title, address, telephone number, dates of service, venue/facility type, and description of services provided.

• Provide relevant experience managing exclusive beverage pouring rights, sponsorship, marketing programs, and promotional partnerships for comparable venues of similar size and complexity at six comparable venues.

• Provide any additional information that would assist in evaluating the

Proposer’s ability to provide innovative and effective services at PCCD.

Points Based 125 (12.5% of Total)

4. Instructions

4.1. Submission of Offer

4.1.1. Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the City Department’s clock.

4.4.2. Offers should be submitted electronically via the City’s e-Procurement Portal by clicking on “Draft Response” via https://procurement.opengov.com/portal/phoenix/projects/256149.

Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

4.4.3. Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.

4.4.4. It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s e-Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.

For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

4.2. Form of Response

Responses shall conform to the format specified below. Responses that are incomplete, conditional, obscure, or that contain additions not requested, changes or exceptions to material provisions or requirements of this RCS, or irregularities of any kind, are subject to rejection as non-responsive.

The provided attachments must be submitted in the size in which they are provided in this RCS with the same font styles and size used on the attachment.

• Narrative portions of the Response shall be submitted in Arial font of at least 12 point.

Forms are provided as part of the RCS to organize the information to be submitted in each

Response. Each Respondent is responsible for ensuring the forms are complete. Where https://procurement.opengov.com/portal/phoenix/projects/256149 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed financial or numerical data is provided, the Respondent is responsible for the accuracy of its numbers and calculations. All dollar amounts must be in U.S. dollars.

Respondents are responsible for reading and complying with all requirements of this

RCS.

4.3. City’s Vendor Self-Registration and Notification

Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.

Vendors must also be registered in the City’s procurePHX Self-Registration System at https://www.phoenix.gov/procure prior to contract execution.

The City may, at its sole discretion, reject any offer from an Offeror who has not registered.

4.4. Preparation of Proposal

All forms provided in Submittal Section must be completed and submitted with the proposal. The signed and completed Conflict of Interest and Transparency form must be included, or your

Offer may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the

Proposal. No offer will be altered, amended or withdrawn after the specified offer due date and time. The City is not responsible for Proposers’ errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Proposers to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Proposers are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Proposer’s knowledge and observations with the solicitation and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that

Proposers has discovered in or between the solicitation and other related documents.

D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Proposals submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Proposer is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

https://procurement.opengov.com/portal/phoenix https://www.phoenix.gov/procure

E. Proposers are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Proposer offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

F. Proposer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the

City’s use to evaluate the products offered. Proposers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.

4.5. Exceptions

Proposer must not take any exceptions to any terms, conditions or material requirements of this solicitation. Proposals submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Proposers must conform to all the requirements specified in the solicitation. The City encourages Proposer to send inquiries to the Procurement Officer rather than including exceptions in their proposal.

4.6. Inquiries

All questions that arise relating to this solicitation should be directed via City’s Procurement

Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.

No informal contact initiated by Proposers on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.

The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.

4.7. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning the document with the Offer submittal.

Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.

4.8. Business in Arizona

The City will not enter contracts with Proposers (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation

Commission, unless the Proposer asserts a statutory exception prior to entering a contract with the City.

4.9. Licenses

If required by law for the operation of the business or work related to this Propsal, Proposer must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

4.10. Certifications

By signature in the Offer section of the Offer and Acceptance page(s), Proposers certifies:

• The submission of the Proposer did not involve collusion or other anti-competitive practices.

• The Proposer must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

• The Proposer has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted propsal.

4.11. Withdrawal of Offer

At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Proposer by clicking “Unsubmit Response” on the proposal submission via the City’s Procurement Portal.

4.12. Proposal Results

Proposals will be opened on the offer due date, time indicated in the Schedule of Events. Offers and other information received in response to the solicitation will be shown only to authorized

City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Offers are not available for public inspection until after the City has posted the award recommendation on the City’s website.

The City will post a preliminary offers on the Solicitation's Public

Page: https://procurement.opengov.com/portal/phoenix/projects/256149 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the website. By signing and submitting its Offer, each https://procurement.opengov.com/portal/phoenix/projects/256149

Proposer agrees that this posting of the award recommendation to the City’s website effectively serves as the Proposer’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Proposals.

4.13. Certificates of Insurance

Upon notification of a recommended award, the Proposer will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

4.14. Award of Contract

Unless otherwise indicated, award(s) will be made to the most responsive, responsible Proposer who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Proposer to accomplish the scope of work required in the

Solicitation. This may include performance history on past and current government or industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,

3. Safety record; and,

4. Proposer history of complaints and termination for convenience or cause.

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Proposals do not become contracts until they are executed by the Chief Procurement Officer or

Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

4.15. Public Record

All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an

Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the

Procurement Officer as confidential provided the Offeror clearly labels the information

“confidential.” To the extent necessary for the evaluation process, information marked as

“confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the

Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the

Offeror in writing of any request to view any portion of its Offer marked “confidential.” The

Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

4.16. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the

Offeror that its Offer was disqualified for being a late Offer.

4.17. Site Visit

A one-time walk-through site visit tour will be conducted at the date and time indicated in the

Schedule of Events. Submission of an offer will be prima facie evidence that the Offeror did, in fact, make a site inspection and is aware of all conditions affecting performance and offer prices.

4.18. Performance Bond

A performance surety in the amount of $10,000 shall be provided by the Contractor immediately after notice of award. The City of Phoenix will not issue a written purchase order or give notice to proceed in any form until the surety is received by the Procurement Officer. The performance surety must be in the form of a bond, cashier's check, certified check or money order. Personal or company checks are not acceptable unless certified. If surety is in the form of a bond, the company issuing the surety must be authorized by the Insurance Department of Arizona to transact business in the State of Arizona or be named on the approved listing of non-admitted companies. A Certificate of Deposit (CD) issued by a local Phoenix bank may also be used as a form of surety provided that the CD is issued jointly in the name of the City of Phoenix and the

Contractor, and that the Contractor endorses the CD over to the City at the beginning of the contract period. Interest earnings from the CD can be retained by the Contractor.

4.19. Contract Award

The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to multiple award contracts.

4.20. Evaluation of Competitive Sealed…