Exclusive Soft Drink Provider Agreement for Parks & Recreation Department FacilitiesCity of Dubuque
City Council
CONSENT ITEMS # 14.
Copyrighted
March 16, 2026
ITEM TITLE: Exclusive Soft Drink Provider Agreement for Parks &
Recreation Department Facilities
SUMMARY: City Manager recommending City Council approval of the
attached Lime Rock Springs 3-year Agreement as the
exclusive soft drink provider for the Bunker Hill Golf Course,
McAleece concession, Flora and Sutton pool concession,
Veterans Memorial Park and the Port of Dubuque Marina.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Exclusive Soft Drink Provider Agreement for Parks & Recreation
Department Facilities
2. Staff Memo Parks and Recreation Beverage Service Agreement
3. Lime Rock Proposal
4. Parks and Recreation Beverage Service Agreement 2026
Page 268 of 811
THE CITY OF
DUBE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Exclusive Soft Drink Provider Agreement for Parks & Recreation
Department Facilities
DATE: March 10, 2026
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Parks and Recreation Director Matthew Kalcevich is recommending City Council
approval of the attached Lime Rock Springs 3-year Agreement as the exclusive soft
drink provider for the Bunker Hill Golf Course, McAleece concession, Flora and Sutton
pool concession, Veterans Memorial Park and the Port of Dubuque Marina.
The Park and Recreation Commission voted unanimously to recommend acceptance of
Pepsi's proposal at their monthly meeting held on March 10, 2026.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Matthew Kalcevich, Parks and Recreation Director
Dan Kroger, Recreation Division Manager
Janna Beau, Recreation Supervisor
Nick Stroschein, PGA Professional
Brian Feldott, Recreation Supervisor
Jenny Larson, Chief Financial Officer
Page 269 of 811
OF
THE CDtUB
Dubuque
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Masterpiece on the Mississippi
P PP
-2013
2°017*2019
zoi�*Zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Matthew K. Kalcevich, Parks & Recreation Director
SUBJECT: Exclusive Soft Drink Provider Agreement for Parks & Recreation
Department Facilities
DATE: March 10, 2026
INTRODUCTION
The purpose of this memorandum is to recommend approval of the attached Lime Rock
Springs 3-year Agreement as the exclusive soft drink provider for the Bunker Hill Golf
Course, McAleece concession, Flora and Sutton pool concession, Veterans Memorial
Park and the Port of Dubuque Marina.
BACKGROUND
In 2023 Parks and Recreation entered a 3-year exclusive soft drink provider agreement
with Lime Rock Springs for Bunker Hill Golf Course, Flora and Sutton pools, Port of
Dubuque Marina and McAleece concessions. The current agreement expires on March
31, 2026. Staff prepared an RFP for Exclusive Soft Drink rights for the aforementioned
sites as well as adding a vending machine alternate.
DISCUSSION
Staff received 2 proposals from local venders. One from Atlantic Bottling (Coca-Cola)
and the other from Lime Rock Springs (Pepsi). Both companies are well established
within the Dubuque community. The attached proposal from Pepsi provides the City of
Dubuque with the highest potential for revenue generation, a solid annual funding
program and shortest turnaround on product orders/delivery. Pepsi's proposal will
provide the City with a payment of $5,000 per year to go back into operating revenue.
In addition, Pepsi pledges to spend up to $2,000 per year on Department services like
golf fees and pool rentals. This provides additional opportunities for revenue generation
through concessions and pro shop sales. The combined total over the three years
equates to minimum of $21,000 in additional revenues for the division. Coke's proposal
did include the same total of $21,000 over three years, however their higher product
prices equate to a smaller margin of return on the beverage sales.
The proposals were presented to the Park and Recreation Commission at their monthly
meeting held on March 10, 2026. The
Page 270 of 811
Commission voted unanimously to recommend acceptance of Pepsi's proposal.
The City Attorney's office has also reviewed and approved the contract agreement from
Lime Rock Springs.
ACTION REQUESTED
I respectfully request and recommend City Council approval of the 3-year Pepsi
agreement with Lime Rock Springs as the exclusive soft drink provider for the Bunker
Hill Golf Course, McAleece Concession, Flora and Sutton Pools concession, Veterans
Memorial Park and the Port of Dubuque Marina.
Prepared by: Dan Kroger, Recreation Division Manager
cc: Janna Beau, Recreation Supervisor
Nick Stroschein, PGA Professional
Brian Feldott, Recreation Supervisor
Jenny Larson, Chief Financial Officer
2
Page 271 of 811
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Page 287 of 811
Pepsi -Cola Bottling Co. of Dubuque
LIME ROCK 10537 HWY 52-N. Dubuque, IA 52001 LIME RUCK
a,. SPRINGS cn ,--. Phone (563) 556-2921 C6T SPRINGS ca .
vi"uou` op y — Fax (563) 556-2924 Gi.u°u` y9 o n ---
Leisure Services
Product Package Units Product Package Units
$9.00
20 oz Bottles $19.50 12 oz - Fridge Paks
Pepsi -Cola 20 oz 24 Pepsi -Cola 12pk Fridge Pk 2
Diet Pepsi 20 oz 24 Diet Pepsi 12pk Fridge Pk 2
Mt. Dew 20 oz 24 Mountain Dew 12pk Fridge Pk 2
Diet Mt. Dew 20 oz 24 Diet Dew 12pk Fridge Pk 2
Mt. Dew Zero Sugar 20 oz 24 Mt. Dew Zero Sugar 12pk Fridge Pk 2
Mt. Dew Live Wire 20 oz 24 Pepsi Zero Sugar 12pk Fridge Pk 2
Mt. Dew Code Red 20 oz 24 C.F. Pepsi 12pk Fridge Pk 2
Mt. Dew Overdrive 20oz 24 C.F. Diet Pepsi 12pk Fridge Pk 2
Mt. Dew Voltage 20 oz 24 Wild Cherry Pepsi 12pk Fridge Pk 2
Mt. Dew Baja Blast 20 oz 24 Diet Wild Cherry Pepsi 12pk Fridge Pk 2
Wild Cherry Pepsi 20 oz 24 Pepsi Zero Sugar Wild Cherry 12pk Fridge Pk 2
Dt. Cherry Pepsi 20 oz 24 Pepsi Real Sugar 12pk Fridge Pk 2
Pepsi Wild Cherry Zero 20oz 24 Live Wire Mt. Dew 12pk Fridge Pk 2
Pepsi Zero 20 oz 24 Mt. Dew Baja Blast 12pk Fridge Pk 2
Mug Rootbeer 20 oz 24 Mt. Dew Baja Blast Zero 12pk Fridge Pk 2
Mug Rootbeer Zero 20 oz 24 Code Red Mt. Dew 12pk Fridge Pk 2
DOC 20 oz 24 Dt. Code Red Mt. Dew 12pk Fridge Pk 2
Starry AW 20 oz 24 C.F. Diet Dew 12pk Fridge Pk 2
Starry Zero Sugar 20 oz 24 Mountain Dew Voltage 12pk Fridge Pk 2
Orange Crush g ii
SI 20 oz 24 Mt. Dew Real Sugar12pk Fridge Pk 2
Grape Crush 20 oz 24 Mug Rootbeer 12pk Fridge Pk 2
Strawberry Crush 20 oz 24 Mug Rootbeer Zero 12pk Fridge Pk 2
Brisk Tea 20 oz 24 DOC 12pk Fridge Pk 2
Dole Lemonade 20 oz 24 DOC Zero Sugar 12pk Fridge Pk 2
Dole Strawberry Lemonade 20 oz 24 Starry 12pk Fridge Pk 2
Lipton Green Tea w/ Citrus 20 oz 24 Starry Zero Sugar 12pk Fridge Pk 2
Lipton Dt. Green Tea w/Citrus 20 oz 24 Orange Crush 12pk Fridge Pk 2
Lipton Peach Tea 20 oz 24 Orange Crush Zero 12pk Fridge Pk 2
Grape Crush 12pk Fridge Pk 2
Strawberry Crush 12pk Fridge Pk 2
2-liters $16.00 Lipton Brisk 12pk Fridge Pk 2
Pepsi -Cola 2-Liter 8 Raspberry Brisk 12pk Fridge Pk 2
Diet Pepsi 2-Liter 8 Dole Lemonade 12pk Fridge Pk 2
Mt. Dew 2-Liter 8 Dole Strawberry Lemonade 12pk Fridge Pk 2
Diet Mt. Dew 2-Liter 8
CF Dt Pepsi 2-Liter 8
Mt. Dew Code Red 2-Liter 8 7.5oz Cans $14.40
Mt. Dew Baja Blast 2-Liter 8 Pepsi -Cola 4/6pk 24
Cherry Pepsi 2-Liter 8 Diet Pepsi 4/6pk 24
Pepsi Wild Cherry Zero 2-Liter 8 Mountain Dew 4/6pk 24
Pepsi Zero �N 2-Liter 8 Cherry Pepsi 4/6pk 24
Starry 00 ;�f 2-Liter 8 Pepsi with Real Sugar 4/6pk 24
Starry Zero Sugar 2-Liter 8 Pepsi Zero 4/6pk 24
Mug Root Beer 2-Liter 8 Starry 4/6pk 24
Orange Crush 2-Liter 8 Starry Zero Sugar 4/6pk 24
Dole Lemonade 2-Liter 8 Orange Crush 4/6pk 24
Dole Strawberry Lemonade 2-Liter 8 Schweppes Ginger Ale 4/6pk 24
Schweppes Club Soda 4/6pk 24
Schweppes Tonic 4/6pk 24
Schweppes Sugar Free Tonic 4/6pk 24
Page 288 of 811
Product
Package
Units
One Liter
$25.00
Pepsi -Cola
1-Liter
15
Diet Pepsi
1-Liter
15
Mt. Dew
1-Liter
15
Diet Mt. Dew
1-Liter
15
Mt. Dew Code Red
1-Liter
15
Mt. Dew Baja Blast
1-Liter
15
DOC
1-Liter
15
One Liter Brisk
$19.50
Tea with Lemonade
1-Liter
15
Raspberry Tea
1-Liter
15
Blueberry Pomegranate
1-Liter
15
Lemon Tea
1-Liter
15
Strawberry Melon
1-Liter
15
Lemonade
1-Liter
15
Blood Orange
1-Liter
15
Fruit Punch
1-Liter
15
KLARBRUN SPARKLING $9.20
Cherry Lime
12 oz
2/12pk
Raspberry
12 oz
2/12pk
Lemon
12 oz
2/12pk
Blueberry Passionfruit
12 oz
2/12pk
Lime
12 oz
2/12pk
Black Cherrry
12 oz
2/12pk
Citrus
12 oz
2/12pk
Bucky's Cherry Berry
12 oz
2/12pk
BUBLY $11.55
Cherry
12 oz
3/8pk
Lime
12 oz
3/8pk
Grapefruit
12 oz
3/8pk
Strawberry Sunset
12 oz
3/8pk
Bellini Bliss
12 oz
3/8pk
Blueberry Pomegranite
12 oz
3/8pk
Orange Cream
12 oz
3/8pk
Strawberry
12 oz
3/8pk
Blackberry
12 oz
3/8pk
Raspberry
12 oz
'3/8pk
Hog Wash $9.00
Grape
10 oz
12
Punch
10 oz
12
Blue Raspberry !
10 oz
12
Lime
10 oz
12
Pink Lemonade
10 oz
12
PEPSI
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Product
Package
Units
Aquafina Water
Aquafina
$18.00
20 oz
24
Aquafina ALINA
$6.23
16.9oz
24
Aquafina
$20.95
1-Liter
15
Klarbrunn Water
Klarbrunn
$14.50
20oz
24
Klarbrunn ,
$10.00
1-Liter
15
Klarbrunn ubr
$24.00
23.67oz
24
LifeWTR $30.80 20oz 24
LifeWTR $18.90 700ml 12
LifeWTR $20.85 1-Liter 12
BUBBL'R $12.60
Twisted Elix'r 12 oz 12
Triple Berry Breez'r 12 oz 12
Watermelon Lime Smash'r 12 oz 12
Peach Raspberry Dazzl'r 12 oz 12
Tropical Dream'r 12 oz 12
Fruit Punch'r 12 oz 12
Pitaya Berry Nect'r 12 oz 12
Lemon Lime Twist'r 12 oz 12
Blood Orange Mango Mingl'r 12 oz 12
Wild Cherry Chill'r 12 oz 12
Pomegranate Acai Refresh'r 12 oz 12
Cranberry Grapefruit Sparkl'r 12 oz 12
Passion Fruit Wond'r 12 oz 12
o i $19.00
Strawberry Lemon 12 oz 12
Cherry Limeade 12 oz 12
Wild Berry 12 oz 12
Alpine Blast 12 oz 12
Root Beer 12 oz 12
Cream Soda 12 oz 12
Doc Pop POPPI 12 oz 12
Classic Cola 12 oz 12
Cherry Cola 12 oz 12
Lemon Lime 12 oz 12
Orange Cream 12 oz 12
Grape 12 oz 12
Watermelon 12 oz 12
Orange 12 oz 12
Ginger Lime 12 oz 12
Raspberry Rose 12 oz 12
Punch Pop 12 oz 12
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Page 289 of 811
Product
Gatorade $20.00
Fierce Grape
Glacier Freeze
Fruit Punch
Lemon Lime
Orange
Cool Blue
Lime Cucumber
Glacier Cherry
Zero Glacier Cherry
Zero Glacier Freeze
Zero Lemon Lime
Zero Orange
Zero Grape
Zero Fruit Punch
Zero Watermelon Splash
Zero Cool Blue
Zero Apple Burst
$29.00
Fierce Grape
Glacier Freeze
Fruit Punch
Lemon Lime
Orange
Cool Blue
Mash up Cool Blue/Fruit Punch
Glacier Cherry
Blue Cherry
Fierce Strawberry
Lime Cucumber
Midnight Ice
Zero Glacier Cherry
Zero Glacier Freeze
Zero Orange
Zero Lemon Lime
Zero Berry
Zero Cool Blue
Propel Fit Water $15.00
Strawberry -Kiwi
Berry
Grape
Watermelon
Black Cherry
Strawberry Lemonade
Mango
Vita Ice
Black Raspberry
Orange Mango
Lemon Lime
Acai Blueberry Pomegranate
Strawberry/Lemonade
Strawberry Watermelon
Cherry Plum
$9.60
Packaae Units
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
3/8pk 20oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
28oz
20 oz
20 oz
20 oz
20 oz
20 oz
20 oz
20 oz
17oz
17oz
17oz
17oz
17oz
GATORAD£ 17oz
17oz
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
12
12
12
12
12
12
12
12
12
12
12
12
12
12
Product
Package
Units
Ocean Spray/Dole
$19.66
Orange Juice Blend 100%
15.2 oz
12
Apple Juice 100%
15.2 oz
12
Cranberry
15.2 oz
12
Cran-Grape
15.2 oz
12
Lipton Pure Leaf Teas
$15.00
Sweet
18.5 oz
12
Lemon
18.5 oz
12
Zero Sweet
18.5 oz
12
Unsweet Black
18.5 oz
12
Raspberry
18.5 oz
12
Blackberry
18.5 oz
12
Starbucks DoubleShot
$33.60
Mocha
15 oz
12
Vanilla
15 oz
12
Coffee
15 oz
12
White Chocolate
15 oz
12
Caramel
15 oz
12
Starbucks Triple Shot
$33.60
Cafe Mocha
11 oz
12
French Vanilla
11 oz
12
Caramel
11 oz
12
Starbucks Frappuccino
$33.60
Mocha
13.7 oz
12
Vanilla
13.7 oz
12
Coffee
13.7 oz
12
Caramel
13.7 oz
12
White Chocolate Mocha
13.7 oz
12
Starbks Nitro Cold Brew
$32.35
Unsweet
9.6oz
12
Vanilla
9.6oz
12
,chilk d
Page 290 of 811
Product Package Units Product Package Units
Rockstar $16.00 Celsius $21.55
Original 16 oz 12 Sparkling Grape Rush 12 oz 12
Sugar Free 16 oz 12 Sparkling Arctic Vibe 12 oz 12
Zero Carb. 16 oz 12 Sparkling Raspberry Peach 12 oz 12
Punched 16 oz 12 Sparkling Watermelon 12 oz 12
Punched Pineapple 51P 16 oz 12 Sparkling Orange 12 oz 12
Boom Whipped Strawber 16 oz 12 Sparkling Tropical Vibe 12 oz 12
Zero Silver Ice 16 oz 12 Sparkling Peach Vibe 12 oz 12
Zero Punched 16 oz 12 Sparkling Cosmic Vibe 12 oz 12
Recovery 16 oz 12 Sparkling Wild Berry 12 oz 12
Recovery Orange 16 oz 12 Sparkling Blue Raspberry Lemonade 12 oz 12
Sparkling Spritz Vibe 12 oz 12
KickStart $12.60 Sparkling Mango Lemonade 12 oz 12
Orange 16 oz 12 Sparkling Cherry Cola 12 oz 12
Fruit Punch 16 oz 12 Sparkling Retro Vibe 12 oz 12
Black Cherry 16 oz 12 Sparkling Playa Vibe 12 oz 12
Pineapple Orange Mango 16 oz 12 Sparkling Strawberry Passionfruit 12 oz 12
Sparkling Kiwi Strawberry 12 oz 12
AMP $21.55 Sparkling Watermelon Lemonade 12 oz 12
Boost Original 16 oz 12 Sparkling Fantasy Vibe 12 oz 12
Non Carbonated Peach Mango Green Tea 12 oz 12
F
o
Muscle Milk
Vanilla Creme $27.12 14 oz 12 CELSIUS.
Chocolate 14 oz 12
Strawberry & Creme 14 oz 12 LIVE FIT
$36.22
Pro 40 KO Chocolate 14 oz 12
Pro 40 Intense Vanilla 14 oz 12
Pro 40 Slammin Strawberry 14 oz 12 Lotus $21.55
Pro 40 Chocolate Peanut Butter 14 oz 12 Blue (Huckleberry Infused) 12 oz 12
Pink (Raspberry Infused) 12 oz 12
Schweppes $18.15 Gold (Original) 12 oz 12
Ginger Ale 10 oz 24 Zero Blue (Huckleberry Infused) 12 oz 12
Club Soda 10 oz 24 Zero Pink (Raspberry Infused) 12 oz 12
Tonic Water 10 oz 24 Zero Purple (Boysenberry Infused) 12 oz 12
Sugar Free Tonic Water 10 oz 24 Zero Red (Strawberry Infused) 12 oz 12
$23.90 .�`'. m " 6,,
Club Soda 1-Liter 15 �
Tonic Water 1-Liter 15 JIM
Sugar Free Tonic Water 1-Liter 15 -¢
Alani Nu $25.50
Cherry Slush 12 oz 12
Pink Slush 12 oz 12
Orange Kiss 12 oz 12
Breezeberry 12 oz 12
s Watermelon Wave 12 oz 12
Cosmic Stardust 12 oz 12
Cherry Twist 12 oz 12
ePP Hawaiian Ice 12 oz 12
Juicy Peach 12 oz 12
Dream Float 12 oz 12
Blue Slush 12 oz 12
Cotton Candy 12 oz 12
NU
Page 291 of 811
LIME ROCK SPRINGS COMPANY
dba: PEPSI-COLA BOTTLING CO. OF DUBUQUE
10537 Route 3 - Dubuque, IA 52001 0441d
Phone (563) 556-2921
Fax (563) 556-2924
http:-4 www.pepsidbg.com
ON -PREMISE AGREEMENT
This On -Premise Agreement ("Agreement") Between Lime Rock Springs Co. d/b/a Pepsi -Cola Bottling
Company of Dubuque ("Pepsi") and the City of Dubuque, Iowa, relating to the purchase and sale of fountain,
canned, or bottled carbonated and non -carbonated soft drinks, tea, juice, energy, or water beverages ("Branded
Beverages") at the City of Dubuque, Iowa facilities described herein and related terms and conditions. Pepsi and
the City of Dubuque, Iowa (collectively, the "Parties") agree as follows:
1. Term. The term of this Agreement will be for a period of three (3) Years, commencing on April
1 st, 2026, and expiring at midnight on March 3111, 2029. As used in this Agreement, the
capitalized term "Year" shall mean each consecutive twelve (12) month period during the Term.
2. City of Dubuque Leisure Services Locations. This Agreement includes location(s) described in
Sec. 16 only.
3. Sale and Purchase of Branded Beverages. Pepsi shall supply, sell, and deliver to the City of
Dubuque, Iowa, and the City of Dubuque, Iowa shall purchase and accept from Pepsi, during the
Term of this Agreement, one hundred percent (100%) of the City of Dubuque, Iowa requirements
for the City of Dubuque, Iowa sales of Branded Beverages by means of the supply of Branded
Beverages sold by Pepsi under license for sale by Pepsi during the Term of this Agreement as may
be added to or substituted for any of the Pepsi Products currently offered by Pepsi.
4. Exclusive Definition. The City of Dubuque, Iowa agrees to offer Pepsi Branded Beverages
exclusively during the Term at the City of Dubuque, Iowa property(s) described in Sec. 16. The
City of Dubuque, Iowa shall also purchase all Pepsi products (and cups, lids, and CO2, if
applicable) directly from Pepsi. No competitive products may be sold, dispensed, sampled, or
served anywhere at the City of Dubuque, Iowa facility(s) described in Sec. 16.
5. Pepsi Equipment. Pepsi will provide all equipment for use by the City of Dubuque, Iowa for sale
of Branded Beverages during the Term of this Agreement ("Pepsi Equipment") for point of sale
and delivery of Branded Beverages to customers of the City of Dubuque, Iowa, based on a mutual
consent between Parties. All Pepsi Equipment supplied by Pepsi will remain the property of Pepsi.
Pepsi will provide free of charge to the City of Dubuque, Iowa service, repair, and replacement of
Pepsi Equipment.
6. Pricing. Pepsi extends National Account pricing on Post Mix Fountain. Pricing is set by Pepsi
Nationally and may be subject to price increases on a calendar year basis. Bottle/can pricing may
be subject to no more than a 5% increase on a calendar year basis. However, the price ceilings are
subject to additional adjustments greater than stated ceilings in the event of a substantial and
unforeseeable increase in a major component of the bottler's cost of goods, manufacturing, or
delivery.
7. Indemnity. Pepsi shall indemnify and hold harmless City, its officers and employees, from and
against any and all claims or damages caused by or resulting from the negligence of Pepsi in the
performance of this Agreement to the extend of Pepsi's insurance coverage. Pepsi shall provide
insurance as described in the attached Insurance Schedule.
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8. Pepsi Terms
- $5,000 will be paid to the City of Dubuque, Iowa at the beginning of each contract Year
- $2,000 will be paid annually to Leisure Services properties on rounds of golf, family pool
parties, etc... In the event such properties are not open or able to provide this service to
Pepsi, (Pepsi) will not be held liable to make such payments.
- Cooler, Menu Boards, Recycle Bins, and the use of Arctic Coolers for special events/games
at no charge.
9. Termination and Failure to Perform. If the City of Dubuque, Iowa breaches any of its
obligations set forth in this Agreement, then at its option and not as its sole remedy, Pepsi may:
a) Terminate this Agreement, and the City of Dubuque, Iowa shall pay to Pepsi the unearned or
prorated portion of the sponsorship payments.
b) Withhold any future sponsorship payments.
c) The City of Dubuque may terminate this Agreement with or without cause upon thirty (30)
days written notice delivered to Pepsi.
10. Confidentiality. Except as may otherwise be required by law or legal process, neither party hereto
shall disclose to any third party the terms and conditions of this Agreement.
11. Assignment. This Agreement shall not be assigned by either party hereto without the prior written
consent of the other party.
12. Entire Agreement. This Agreement contains the entire understanding and agreement between the
parties hereto regarding the advertising of Branded Beverages for sale at the City of Dubuque,
Iowa and supersedes all other agreements between the parties respecting such. This Agreement
includes all vending and events held at the City of Dubuque, IA property(s) in Sec. 16. This
Agreement may be amended or modified only by a written agreement, signed by each of the
Parties.
13. Savings Clause. If any provision of this Agreement, or the application of such provision to any
person or circumstance, shall be held invalid, the remainder of this Agreement, or the application
of such provision to persons or circumstances other than those as to which it is held invalid, shall
not be affected thereby.
14. Waiver. Failure of either party at any time to require performance of any provision of this
Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any
breach of any provision be a waiver of any succeeding breach of any provision or a waiver of the
provision itself for any other provision
15. Force Majeure. Neither party shall be in default or otherwise liable for any delay in or failure of
its performance under this Agreement if such delay or failure arises by any reason beyond its
control, including any act of God, the elements, earthquakes, floods, fires, pandemic, actions or
decrees of governmental bodies. If an event is a "Force Majeure Event" then Pepsi obligations for
sponsorship payments shall be excused for a period of time equal to the period during which the
City of Dubuque, Iowa and Pepsi have been prevented from performing.
16.OUTLETS under the banner of The Dubuque Leisure Services
(a) Flora Pool
(b) Sutton Pool
(c) Bunker Hill Golf Courses
(d) McAleece Sports Complex
(e) Port of Dubuque Marina
(f) Veterans Memorial Park
17. Law Governing. This Agreement shall be governed by and construed in accordance with the laws
of the State of Iowa.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and executed in their behalf
by their respective, authorized representatives on this _q4"'_ day of March 2026.
City of Dubuque, Iowa
Date: March 16, 2026
Name: Michael C. Van Milligen
Signature:
Title: City Manager
Lime Rock Springs Co.,
dba: Pepsi -Cola Bottling
Company of Dubuque
Date: S/q /ax
Name: Shane Reese
Signature:
Title: Territory Development
INSURANCE SCHEDULE G
1. Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on
the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate
shall include a statement under Description of Operations as to why the certificate was issued. Vendor
Service Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required
by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not
be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The service provider must identify
or list in writing all deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreement's required limits.
9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the
performance of work insurance for the coverage described in this Insurance Schedule and shall obtain
certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall
be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage.
The City may request a copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy
premiums and other costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to mutual
agreement of the parties.
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INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All
deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form
BP 00 02, shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all
its boards, commissions and/or authorities and their board members, employees, and volunteers. Use
ISO form CG 20 10 (Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa
Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
�@U_
If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation
Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or
Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance
Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
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INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _ Yes _*_ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution
exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum
products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage
shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all
its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO
form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _ Yes _*_ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form
with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended
reporting" coverage for a minimum of five (5) years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: —Yes —*—No
Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of
income and cyber breach of information.
F)
Coverage required: _*—Yes —No
UMBRELLAIEXCESS $1,000,000
The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including Waiver of Subrogation and Primary and Non-
contributory in favor of the City.
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
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PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Polic,_. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
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