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CITY OF YANKTON PARKS, RECREATION AND CITY EVENTS DEPARTMENT REQUEST FOR PROPOSALS SERTOMA PARK CONCESSION SERVICES The Yankton Parks, Recreation and City Events Department is requesting proposals for providing concession services at Sertoma Park in 2023. Enclosed is an RFP for your consideration and we invite your submission of business qualifications for concession services. I. Purpose of Request for Proposals (RFP): This RFP is issued by the City of Yankton. The purpose of this RFP is to select and potentially enter into a contract with an individual or organization to provide food and beverage concession services at Sertoma Park. Proposers shall provide their proposal as outlined in this RFP. The RFP process is intended to encourage vendors to clearly show that they are qualified and have the experience to provide concession services at Sertoma Park. Todd Larson, Director of Parks, Recreation, and City Events, is the point of contact for this RFP. Unauthorized contact regarding the RFP with other City employees or City Commissioners may result in the proposer being disqualified. For an on-site tour of the concession areas at Sertoma Park, please contact Todd Larson. Phone 605-668-5231 Email: [email protected] The City reserves the right to reject any or all proposals or to accept the proposal deemed most favorable to the City. II. Proposal Requirements A. Deadline for Proposals is Wednesday, November 30, 2022. B. Proposals can be submitted as PDF through email, or typed up hard copy can be mailed to: Todd Larson Sertoma Concessions RFP PO Box 176 416 Walnut Street Yankton, SD 57078 Or typed up hard copy can be delivered to the front desk of the Summit Activities Center: Attn: Todd Larson Sertoma Concessions RFP 1801 Summit Street C. Proposal Contents: 1. The submittal must be in 8 ½ inch by 11 inch format. Typed and not hand-written. 2. A cover letter: a) Providing name, address, phone number, and email address for the concessionaire contact person. b) Summarize your understanding of the RFP. c) Provide a statement indicating your ability to provide the services and meet the requirements listed in the RFP. d) Indicate your acceptance of all the requirements of the RFP. e) State your proposed percentage of gross receipts that will be paid to the City each year (City’s commission) with understanding that it is a negotiating point to be finalized during the final contract negotiations. 3. A list of your past concession operations experiences including: a) Location of each concession operations, b) Number of years providing service at each location, c) A list of menu items offered at each location, d) The property owner’s information for each location, e) A reference with the property owner’s organization which includes contact name and current phone number. Proposals submitted that do not include all required content will be not be considered. III. Scope of service for concession operations at Sertoma Park A. Have exclusive food and beverage rights for all games, leagues, and tournaments at Sertoma Park. B. Provide and maintain concession services at Sertoma Park from March through October during games, leagues, and tournaments. 1. Mount Marty University and Yankton High School Softball utilize softball fields for games in March, April, and May. Youth Baseball and Youth Softball utilize fields throughout May, June, and July for league play and tournaments. Men’s adult softball and co-ed adult softball utilize the fields April through October for league play and tournaments. 2. Alcohol can only be served during adult league games and tournaments. C. Provide all labor and management associated with the concession operations. D. Provide all stock, inventory, and serving materials related to the concession operations. E. Supply and furnish equipment needed to operate the concession operations. 1. There is a walk-in cooler in the concessions building that can be used by the concessionaire. F. Keep concession areas and surrounding grounds, including dugouts and bleachers, free from trash, including picking up these areas at the end of each night’s operations. G. Provide cleaning and sanitation of the concession operations areas. H. Observe and comply with all City, State, and Federal laws applying to the operation of concession operations 1. A malt beverage license is the responsibility of the concessionaire. I. Provide the City with the IRS Gross Receipts documentation at the end of each month which will be used to calculate the agreed upon commission paid to the City for that month. IV. Insurance Requirements A. The concessionaire shall secure the insurance specified below: 1. Comprehensive General Liability. Maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $2,000,000 each occurrence, including coverage for bodily injury, personal injury and property damage. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit. Such insurance shall add the City and its employees and volunteers as additional insureds. 2. Alcohol Liability. Maintain Alcohol Liability insurance with a limit of not less than $1,000,000 each accident. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit. Such insurance shall add the City and its employees and volunteers as additional insureds. 3. Workers’ Compensation and Employers Liability Insurance. Provide proof of workers’ compensation coverage as required by the State of South Dakota, for all its employees who are to work at Sertoma Park. 4. Coverage. All policies required under the contract shall be in effect for the duration of the contract. All policies shall be primary and not contributory. Concessionaire shall pay the premiums on all insurance policies and insurance certificates must include a clause stating that the insurance may not be revoked, cancelled, amended or allowed to lapse until the expiration of at least thirty (30) days advance written notice to the City. 5. Additional Insured. All insurance policies required by the contract, except workers’ compensation, shall name the City as an additional insured, and shall contain a waiver of subrogation against the City, its agents and employees. The concessionaire shall provide a Certificate of Insurance showing the coverage outlined above and showing the City of Yankton as an additional insured. 6. City’s Right To Reject. City reserves the right to reject a certificate of insurance if the concessionaire’s insurance company is widely regarded in the insurance industry as financially unstable. 7. Cancellation. There shall be no cancellation, material change, potential exhaustion of aggregate limits or intent to not renew insurance coverage without thirty (30) days written notice from the concessionaire or their insurers to CITY. Any failure to comply with the reporting provision of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverage provided to CITY and its division, officers and employees. V. Contract Award and Terms A. It is the City’s intent to enter into a contract with a concessionaire who, through the RFP process and contract negotiations, best demonstrates the ability to provide safe and reliable concession services B. The length of contract will be a one (1) year term from January 1 to December 31 with an option to renew the annual contract for up to four (4) additional one (1) year terms. All annual options and future contract extensions will be at the City’s discretion. VI. Evaluation of Proposals A. Proposals will be evaluated by the City based on the following criteria and score system: 1. Concession experience detailed in cover letter- max of 40 points 2. Past references input- max of 30 points 3. Proposed rate for City’s commission- max of 30 points The historical percentage has been 9% of gross receipts. B. The highest ranking concessionaire may be asked to enter into contract negotiations with the City. If an agreement cannot be reached with the highest ranked concessionaire, the City may move to the next highest ranked concessionaire. The City reserves the right to not select a concessionaire as a part of this process if an agreement cannot be reached or for any other reason. VII. Indemnification A. To the fullest extent permitted by law, the Concessionaire, its subcontractors, agents, servants, officers, or employees, shall indemnify and hold harmless the City of Yankton, including, but not limited to, its elected and appointed officials, officers, employees, and agents from any and all claims brought by any person or entity whatsoever, arising from any act, error, or omission of the Concessionaire during the Concessionaire’s performance of the Agreement or any other agreements of the Concessionaire, entered into by reason thereof. The Concessionaire shall indemnify and defend the City of Yankton, including, but not limited to, its elected and appointed officials, officers, employees, and agents, with respect to any claim arising, or alleged to have arisen, from negligence and/or willful, wanton, or reckless acts or omissions of the Concessionaire, its subcontractor, agents, servants, officers, or employees, and any and all losses or liabilities resulting from any such claims, including, but not limited to, damage awards, costs, and reasonable attorney’s fees. The indemnification shall not be affected by any other portions of the agreement relating to insurance requirements. The Concessionaire agrees that it will procure and keep in force at all times at its own expense insurance in accordance with these specifications. VIII. Special Conditions A. The City of Yankton reserves the right to reject any and all proposals, to waive formalities, and to select the proposal that in the City’s sole discretion is in the best interests of the City of Yankton, South Dakota. B. The City reserves the right to: 1. Amend, modify, or withdraw this RFP. 2. Revise any requirements under this RFP. 3. Require supplemental statements of information from any responding party. 4. Extend the deadline for submission of responses hereto. 5. Negotiate or hold discussions with any bidder to correct insufficient responses that do not completely conform to the instructions contained herein. 6. Waive any nonconformity with this RFP. 7. Cancel, in whole or in part, this RFP if the City deems it is in its best interest to do so. 8. Request additional information or clarification of information provided in the response without changing the terms of the RFP. 9. Waive any portion of the selection process in order to accelerate the selection and negotiation with the top-ranked Concessionaire. 10. Not award a contract as a part of, or result of, this RFP process. C. The City may exercise the foregoing rights at any time without notice and without liability to any offeror, or any other party, for expenses incurred in the preparation of responses hereto or otherwise.  Not award a contract as a part of, or result of, this RFP process. VIII. The City may exercise the foregoing rights at any time without notice and without liability to any offeror, or any other party, for expenses incurred in the preparation of responses hereto or otherwise.

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