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HomeMy WebLinkAboutYSP Concessions - Concessionaire Service Agreement AGREEMENT CITY OF YAKIMA RFP 12414P CONCESSIONAIRE SERVICES THIS AGREEMENT,entered into on the date of last execution, between the City of Yakima,a Washington municipal corporation("City"), and YSP Concessions, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Services The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in RFP 12414P Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference,and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 2. Compensation The Contractor agrees to pay the City 10%or$500 of gross monthly revenue whichever is higher for the first contract year and 10%or $1,500 of gross monthly revenue whichever is higher for each subsequent year. Payment shall be made by the 5th day of each month. All of which is negotiated from Contractor's Cost Proposal which are attached as Exhibit B, and incorporated herein by this reference,which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Proposal Submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one(1)year from the effective date of May 1,2024. The City may,at its option,extend the Contract on a year to year basis for up to two (2) additional years. For a total of three (3) years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is,or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for,or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself,and for its heirs,executors, administrators,successors,and assigns,does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand.All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential,and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection, Production and Retention of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. 12414P Agreement Page 1 of 9 b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City,and the records relating to the Services are City of Yakima/Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act,Chapter 42.56 RCW,or by law.All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification(UBI)number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract,the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status,sexual orientation,gender identity,pregnancy,veteran's status,political affiliation or belief,or the presence of any sensory,mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following:employment, upgrading,demotion,transfer, recruitment,advertising, layoff or termination, rates of pay or other forms of compensation,selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 12414P Agreement Page 2 of 9 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b)in furtherance of an investigation, proceeding,hearing,or action, including an investigation conducted by the employer,or(c)consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release,indemnify,defend,and hold harmless the City,its elected and appointed officials,officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor,or any Contractor's agent or subcontractor, in performance of this Agreement. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages,compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims,damages, losses,and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars 12414P Agreement Page 3 of 9 ($2,000,000.00)general aggregate. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials,employees,agents,attorneys and volunteers as additional insureds,and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials,employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws,statutes,and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance,self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements,defense costs,or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 13. Severability If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 14. Contract Documents This Contract,the Request for Proposals 12414P, Scope of Work, conditions, addenda,and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents)constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively,supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima,WA, 98901, and are hereby incorporated by reference into this Contract. 12414P Agreement Page 4 of 9 15. Termination Termination for Cause In the event the Contractor breaches this Contract,the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience The City may terminate the Contract,without cause, by providing 30 days written notice of termination. In the event of termination for convenience,the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement,or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing,other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. 12414P Agreement Page 5 of 9 When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract,or when the contract is terminated by the City for cause as herein provided,the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays(acts or God, etc.)the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract,on behalf of Contractor, represents and warrants that they have has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Ken Wilkinson Christina Payer YSP Concessions Park and Recreation Manager Buyer II Darren Uceny City of Yakima City of Yakima 7808 Alexandria Ct. 2301 Fruitvale Blvd 129 North 2nd Street Yakima, WA 98908 Yakima WA, 98902 Yakima,WA 98901 24. Survival The foregoing sections of this Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. 12414P Agreement Page 6 of 9 The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Ken Wilkinson Christina Payer YSP Concessions Park and Recreation Manager Buyer II Darren Uceny City of Yakima City of Yakima 7808 Alexandria Ct. 2301 Fruitvale Blvd 129 North 2nd Street Yakima,WA 98908 Yakima WA,98902 Yakima,WA 98901 24. Survival The foregoing sections of this Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA YSP CONCESSIONS �+ A244, -0Aegti,,( By: 9awuvt g City Manager Date: l a-D-1 Date: I '/$ t3 r baflpet,1 Vl,ce vl Attest: :�" "`" (Print YAK�,��y name) .0000. Il -: /i 1 City lerk o . J'4 L l�mil-••"''F'` p List of Exhibits attached to this contract Exhibit A—Specifications&Addendum No. 1 Exhibit B—Negotiated Vendor Exceptions& Cost Proposal(Compensation) CITY CONTRACT NO:2°24-010 RESOLUTION NO: t�p 12414P Agreement Page 7of 9 EXHIBIT A-SPECIFICATIONS & ADDENDUM NO. 1 12414P Agreement Page 8 of 9 City of Yakima NOTICE TO PROPOSERS RFP NO. 12414P Notice is hereby given by the undersigned that electronic sealed Requests for Proposals will be accepted via PublicPurchase.com until the hour of 2:00:0o PM PST on March 21,2024. RFPs will be publicly opened through Public Purchase, by the Procurement Manager or their designee and witnessed by another staff member, in Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901. Results will be posted through Public Purchase for: Concessionaire Services for the Parks Division. Instructions to register with PublicPurchase.com are available at www.yakimawa.gov/services/purchasing. A pre-proposal site visit will be held at 9:00 AM on March 7,2024 at the Gateway Sports Complex, 405 Fair Avenue, Yakima, WA, 98901. Attendance is not mandatory; however, Proposers are STRONGLY urged to attend. The City of Yakima reserves the right to reject any & all RFPs. The City hereby notifies all Proposers that it will affirmatively ensure compliance with WA State Law Against Discrimination(RCW chapter 49.60)&the Americans with Disabilities Act (42 USC 12101 et set.) Dated February 26, 2024. Publish on February 29 & March 1, 2024 Christina Payer, CPPB Buyer II 12414P Concessionaire Services—Parks Division Page 1 of 37 1 ti �'', °= CITY OF YAKIMA REQUEST FOR PROPOSAL #12414P 'a,,•; COVER SHEET/SIGNATURE PAGE THIS IS NOT AN ORDER RFP Release Date: February 29, 2024 Proposal Receipt: Proposers must first register with PublicPurchase.com and Proposal shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. If you try to submit a Proposal late, the electronic system will not receive it. Late Proposals will not be accepted or evaluated. Proposal openings are public. Proposals shall be firm for acceptance for ninety (90) days from date of Proposal opening, unless otherwise noted. RFP's ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Parks Division Christina Payer, CPPB 2301 Fruitvale Blvd. Buyer II Yakima, WA 98902 Proposals Must be completely uploaded by: Phone E-Mail Address March 21, 2024 at 2:00:0o PM PST (509) 576-6696 chrisitina.payer(c�yakimawa.gov Public Opening Q PROJECT DESCRIPTION SUMMARY Concessionaire Services for the Gateway Sports Complex City of Yakima Parks Division Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery Required ❑ I hereby acknowledge receiving addendum(a) , , (use as many spaces as addenda received) In signing this Proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Proposal; that this Proposal has been independently arrived at without collusion with any other Proposer, competitor or potential competitor; that this Proposal has not been knowingly disclosed prior to the opening of Proposals to any other Proposer or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Request for Proposal and all terms of our Proposal. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( ) Fax ( ) Signature of Above Date Email Address 12414P Concessionaire Services—Parks Division Page 2 of 37 TABLE OF CONTENTS I. DEFINITIONS 5 II. GENERAL INFORMATION 6 1. Introduction 6 2. Background and Current Operations 6 3. Contracting Agency and Point of Contact 6 4. Public Records Access 6 5. Proprietary Information 6 6. Requests for Public Disclosure 7 7. Retention of Rights 7 8. Clarifications and/or Revisions to Specification and Requirements 7 9. News Releases 8 10. Site Visit 8 11. Examining Documents & Facilities 8 12. Calendar of Events 8 13. Contract Term 8 14. Incurring Costs 8 15. No Obligation to Contract 8 16. Best Modern Practices 9 17. More or Less 9 III. PREPARING AND SUBMITTING A PROPOSAL 9 1. General Instructions 9 2. Organization and Format of Required Proposal Elements 9 3. Prohibition of Proposer Terms & Conditions 10 4. Submitting a Proposal 10 5. Multiple Proposals 10 6. Withdrawal of Proposals 10 IV. SCOPE OF SERVICES 10 1. Concessionaire Services 11 2. Payment/Statement/Reports 13 V. GENERAL REQUIREMENTS 13 1. Organizational Capabilities 13 2. Staff Qualifications 13 VI. COST PROPOSAL 14 1. General Instructions for Preparing Cost Proposals 14 2. Total Project Cost 14 3. Percentage of Gross Revenues 14 12414P Concessionaire Services—Parks Division Page 3 of 37 4. Menu Items 14 5. Equipment 14 6. Hours of Operation 14 7. Additional Services, Promotions, Compensation Offered 14 VII. EVALUATION AND CONTRACT AWARD 14 1. Preliminary Evaluation 14 2. Proposer Presentations/Scoring 14 3. Evaluation Criteria 15 4. RFP Evaluation 15 5. Prompt Payment 15 6. Award / Best and Final Offers 15 7. Tied Score 16 8. Tax Revenues 16 9. Offer in Effect for Ninety (90) Days 16 10. Notification of Intent to Negotiate/Intent to Award 16 11. Right to Reject Proposals and Negotiate Contract Terms 16 12. Protest Procedure 16 VIII. PROPOSER QUESTIONNAIRE 18 IX. PROPOSER REFERENCES 22 X. SAMPLE CONTRACT 23 Xl. SAMPLE CERTIFICATE OF INSURANCE 31 ATTACHMENT A—GATEWAY SPORTS COMPLEX BROCHURE 34 ATTACHMENT B—CONDITION OF PREMISES FORM 35 12414P Concessionaire Services—Parks Division Page 4 of 37 I. DEFINITIONS The following definitions of terms shall apply, unless otherwise indicated: "Buyer" means the contact person listed on page 2 of this document. "City" means the City of Yakima, Washington. Also referred to as"Owner". "Contract" means written agreement between the "Owner" and the "Contractor" (or"Successful Proposer") that covers the delivery of work to be performed subsequent to this RFP. "Contractor" means a proposer that is awarded a Contract under this RFP and its employees or other personnel (including officers, agents and subcontractors) provided by the Contractor to perform work under this Contract. "Department" means the City of Yakima, Department/Division. "Executive" means the City of Yakima City Manager "Owner" also referred to as City of Yakima. "Project Manager" means the individual in City of Yakima Departments/Divisions and/or an assigned individual from the Contractor responsible for administering day-to-day operational matters of the Contract. "Proposal" means the complete response of a proposer submitted on the approved forms and setting forth the proposer's prices for providing the services described in the RFP. "Proposer" means any individual, company, corporation, or other entity that responds to this RFP. "RFP" means Request for Proposal. "Subcontractor" means any entity that enters into any agreement with the Contractor to fulfill the requirements and performance obligations of the Contract. 12414P Concessionaire Services—Parks Division Page 5 of 37 RFP #12414P Concessionaire Services for the Gateway Sports Complex II. GENERAL INFORMATION 1. Introduction The purpose of this Request for Proposal (RFP) is to provide interested parties with information to enable them to prepare and submit a proposal for Concessionaire Services for the Gateway Sports Complex. The City of Yakima (referred to as "Owner" throughout this document), Parks Division, as represented by City Purchasing, intends to use the results of this solicitation to award a contract for such services. 2. Background and Current Operations BACKGROUND The City of Yakima Parks Division maintains the Gateway Sports Complex at Kiwanis Park,which is approximately 35.8 acres. Its numerous amenities and visibility from 1-82 make Kiwanis Park one of the highest-used parks in the city.The eastern portion of Kiwanis Park includes the Gateway Complex which includes 8 lighted softball fields with scoreboards, a concessions/restroom building, play equipment and plenty of seating area for patrons including bleachers and grassy areas. The Gateway Complex attracts many users from both inside and outside the City in the form of leagues and tournaments. The western portion of Kiwanis Park is home to the new skate park, restroom facility, basketball courts, and playground equipment. Various leagues and tournaments are scheduled from April-October at the sports complex. There are approximately 6 different leagues and 16 tournaments annually. The estimated number of teams registered during league play is 170 and 540 during scheduled tournaments. CURRENT OPERATIONS The Gateway Sports Complex at Kiwanis Park currently has 2 vending machines for use by the general public and Kiwanis Park currently doesn't have any vending services. The current vending machines are owned, setup, maintained, serviced and repaired by the current Contractor who pays the City a commission on each sale. 3. Contracting Agency and Point of Contact This RFP is issued by the City of Yakima Purchasing Division. The person responsible for managing this RFP process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this RFP until a Notice of Intent to Award the Contract is issued,all contacts with Owners employees,and other personnel performing official business for the Owner regarding this RFP shall be made through the Buyer listed on page 2. Contact with other Owner personnel regarding this RFP is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Proposal and disqualification of the Proposer. 4. Public Records Access It is the intention of the Owner to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Proposal openings are public. 5. Proprietary Information Any consideration of proprietary information is the responsibility of the Proposer to object to through the courts following third party notice, not the Owner(City). 12414P Concessionaire Services—Parks Division Page 6 of 37 All information submitted in response to a request for public disclosure will be handled in accordance with applicable Owner procurement regulations and the Washington State Public Records Act(RCW 42.56 et seq.). It is the Proposer's responsibility to defend the determination in the event of an appeal or litigation. Unless otherwise noted,data contained in a proposal,all documentation provided therein,and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the Owner. 6. Requests for Public Disclosure Washington State Public Disclosure Act(RCW 42.56 et seq.) requires public agencies in Washington to promptly make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. All documents submitted in relation to this Specification shall be considered public records and, with limited exceptions,will be made available for inspection and copying by the public. It is the intent of the Owner(City)to post all RFP responses online and available to the public after the contract is signed. Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject such submittal. If, in the Owner's opinion, the material is subject to disclosure, the Owner will notify Proposer of the request and impending release which will allow the Proposer 10 days from notice to take whatever action it deems necessary to protect its interests. All expense of such action shall be borne solely by the Proposer, including any damages, attorney's fees or costs awarded by reason of having opposed disclosure and Proposer shall indemnify Owner against same. If the Proposer fails or neglects to take such action within said period,the Owner will release all materials deemed subject to disclosure. Submission of materials in response to this solicitation shall constitute assent by the Proposer to the foregoing procedure and the Proposer shall have no claim against the Owner on account of actions taken pursuant to such procedure. 7. Retention of Rights The Owner retains the right to accept or reject any or all proposals if deemed to be in its best interests. All proposals become the property of Owner upon receipt. All rights, title and interest in all materials and ideas prepared by the proposer for the proposal to Owner shall be the exclusive property of Owner and may be used by the Owner at its option. 8. Clarifications and/or Revisions to Specification and Requirements If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Proposer has an affirmative duty to immediately notify the Buyer of such concern and request modification or clarification of the RFP document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the RFP document(s) shall not be considered unless submitted via e-mail (no phone calls)to the Buyer listed on page 2,a minimum of five business(5) days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information,or to revise any part of this RFP, supplements or revisions will be provided to all known Proposers in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/services/purchasing and www.publicpurchase.com and/or sent directly to interested parties who have registered for updates to this RFP. If any requirements of the RFP are unacceptable to any prospective Proposer, they may choose not to submit a proposal. 12414P Concessionaire Services—Parks Division Page 7 of 37 9. News Releases News releases pertaining to the RFP or to the acceptance, rejection, or evaluation of Proposals shall not be made without the prior written approval of the Buyer listed on page 2. 10. Site Visit A pre-proposal site visit will be held at 9:00 AM on March 7, 2024 at the Gateway Sports Complex, 405 Fair Avenue, Yakima, WA 98901. Attendance is not mandatory; however, proposers are strongly urged to attend. The selected proposer will be expected to comply with all City of Yakima ordinances, park rules, business licensing and State and County food services requirements. Proposers are advised to determine specific Yakima County Health Department requirements for the proposed concessions site(s). It is the responsibility of the applicant to verify that adequate utilities are present at the site. 11. Examining Documents& Facilities The Proposer is hereby advised that by submitting a Proposal, he/she is deemed to have studied and examined all facilities and all relevant documents and acknowledged all requirements contained herein before proposing. 12. Calendar of Events Listed below are important dates and times by which actions related to this RFP may be completed. In the event that the Owner finds it necessary to change any of these dates and times it will do so by issuing an addendum to this RFP. Project Milestone Anticipated Date RFP Issued: February 29, 2024 Site Visit: March 7, 2024 at 9am Question Submission Deadline: March 12, 2024 Addenda-Written answers provided (target): March 15, 2024 Proposal Submittal Due Date/Time: March 21,2024,2:00 PM PST Evaluation of Submittals, Recommendation of Intent to Week of March 25, 2024 (Tentative) Negotiate by Committee, Contract to Contractor Anticipated contract start date Week of April 1, 2024 (Tentative) The schedule of events after the Proposal due date will be handled as expeditiously as possible, but there is not a set schedule. An Evaluation Team will be formed to evaluate proposals and may choose to interview Proposers or make site visits. Every effort will be made to notify short-listed proposers of important post-opening dates. 13. Contract Term See Section 3 of Contract. 14. Incurring Costs The Owner is not liable for any cost incurred by a Proposer in the process of responding to this RFP including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this RFP. 15. No Obligation to Contract This RFP does not obligate the Owner to contract for service(s), or product(s) specified herein. Owner reserves the right to cancel or reissue this RFP in whole or in part, for any reason prior to the issuance of a Notice of Intent to 12414P Concessionaire Services—Parks Division Page 8 of 37 Award. The Owner does not guarantee to purchase any specific quantity or dollar amount. Proposals that stipulate that the Owner shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".) 16. Best Modern Practices All work, including installation, maintenance, shall be performed and completed in accordance with the best modern practices. No detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. 17. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bid proposals shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. III. PREPARING AND SUBMITTING A PROPOSAL 1. General Instructions The evaluation and selection of a Contractor will be based on the information submitted in the Proposal plus references, and any on-site visits or best and final offers (BAFOs) where requested. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a Proposal. 2. Organization and Format of Required Proposal Elements Proposers responding to this RFP must comply with the following format requirements. The Owner reserves the right to exclude any responses from consideration that do not follow the required format as instructed below. Proposals shall be organized and presented in the order and by the numbers assigned in the RFP with each heading and subheading should be separated by tabs or otherwise clearly marked. Tab 1 -Table of Contents Provide a table of contents for the Proposal. Tab 2-RFP Cover Sheet/Signature Page Complete and sign the Cover Sheet/Signature Page, which is page 2 of this RFP solicitation. Tab 3-Response to General Requirements Provide a point-by-point response to each requirement specified in Section V, Nos. 1-2 of this RFP. Responses to requirements must be in the same sequence and numbered as they appear in this RFP. The Proposer Questionnaire and Reference Forms should also be included under Tab 3. Tab 4—Sample Contract and Terms and Conditions The Sample Contract provided with this RFP represents the terms and conditions which the Owner expects to execute in a contract with the successful Proposer. Proposers must accept or submit point-by-point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Proposer's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. Tab 5 -Cost Proposal -As identified in Section VI. Provide all cost information according to the instructions provided. Include all costs for furnishing the product(s) 12414P Concessionaire Services—Parks Division Page 9 of 37 and/or service(s) included in this proposal. Identify all assumptions. Failure to provide any requested information in the prescribed format may result in disqualification of the Proposal. Also include on a separate sheet under this tab a list of all Optional Services and the price of each service. If service is not provided please state so. 3. Prohibition of Proposer Terms&Conditions A Proposer may not submit the Proposer's own contract terms and conditions in a response to this RFP. If a proposal contains such terms and conditions,the City,at its sole discretion, may determine the proposal to be a nonresponsive counteroffer, and the proposal may be rejected. 4. Submitting a Proposal Proposals shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this RFP. Late Proposals will not be accepted or evaluated. If you try to submit a Proposal Late,the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening,for whatever reasons, Proposer's response will be accepted and opened on the next business day of the City, at the originally scheduled hour. Proposers must submit their response electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Proposer with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing. The City is not responsible for late proposals due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any proposals. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Any sections deemed by proposer to be confidential per Washington State Public Disclosure Act (RCW 42.56 et seq.) shall be separated from the main document and uploaded to Public Purchase in a separate file marked "confidential". All other sections of the response shall be made available to the public immediately after contract signing. All materials required for acceptance of the Proposal by the deadline must be uploaded to Public Purchase. 5. Multiple Proposals Multiple Proposals from a Proposer will be permissible; however, each Proposal must conform fully to the requirements for proposal submission. Each such Proposal must be submitted separately and labeled as Proposal#1, Proposal#2, etc. on the first page of their response. 6. Withdrawal of Proposals Proposers may withdraw or supplement a proposal at any time up to the proposal closing date and time. If a previously submitted proposal is withdrawn before the proposal due date and time,the Proposer may submit another proposal at any time up to the proposal closing date and time. After proposal closing date and time, all submitted Proposals shall be irrevocable until contract award. IV. SCOPE OF SERVICES This Request for Proposals (RFP) invites responses from applicants for the furnishing of all staffing and equipment necessary to provide food concessions. The applicant will manage and operate ballfield food concessions. All proposals should be all inclusive of the cost to furnish staffing and equipment necessary to provide food or other type of concessions. Proposer must have at least three (3) years of experience at successful concession operations. Staff involved must have experience concession operations, customer service and training in food handling. The City would like to: 12414P Concessionaire Services—Parks Division Page 10 of 37 • Maximize the service potential to the community • Maximize the revenue potential to the facility • Establish a partnership with a vendor(s)that will enhance the overall operation to these parks and the services available to the public. The award for this RFP, 12414P, will coincide with the award for RFP 12401P Wholesale Beverage Pricing, Signage Sponsorship & Optional Vending Services (which is currently under review). The anticipated awarded vendor is Noel Corporation (Pepsi-Cola). Their product price list will be sent out via addendum once award has been finalized and will be sold in the concessions. Concessionaire will offer a variety of food and non-alcoholic beverage items for outdoor facility users, including special events, tournaments, and league play for softball. The Gateway Sports Complex & Kiwanis Park concession stand will be open April through October each year, depending on league/tournament schedules. See Attachment C—2024 Tournament Schedule, for a list of calendar events. 1. Concessionaire Services Services include but are not limited to the following: a. Site Information Gateway Sports Complex and Kiwanis Park, located at 405 S Fair Ave.,Yakima WA 98901. • See Attachment B-Gateway Sports Complex brochure b. Compensation Compensation to the City shall be ten percent (10%) of the Concessionaire's gross monthly revenue, or a monthly fee of $1,500, whichever is greater. The term "Gross Monthly Revenue" shall mean the total amount charged by Concessionaire, its employees, agents, or licensees, for all goods sold, whether for cash or on credit. The percentage of gross sales or flat monthly fee does not include Washington State Sales Tax;that is remitted to the state by Contractor. Concessionaire shall deliver the Percentage Payment or Monthly Fee to the City on or before the 5th business day of each month.The Concessionaire must provide a statement in a form approved by the City showing Gross Monthly Revenue for the month and how the Percentage Payment was calculated. c. Operations of Facilities It is agreed that the location of points of sale, methods of sale, and prices charged for commodities sold or business transacted under the provisions of this contract at all times shall be subject to the supervision, direction and approval of the City. The Concessionaire shall furnish City of Yakima Parks and Recreation copies of all required licenses and permits before beginning operation and those which may be required during the period of this contract after beginning operation.The Concessionaire will adhere to any and all requests made by the City in the time specified by staff of that department. Hours of operations for all food concession operations will vary depending on time of year, scheduled activities and weather conditions. Concessionaire will be responsible for accepting all vendor deliveries. d. Concession Regulations • The Concessionaire shall enter into an agreement with the City to have primary rights to sell food and beverages at the Concession Premises listed above. • The Concessionaire shall have the use of any building(s)and/or spaces located on the property as assigned by the authorized representative of the City during the continuance of this contract. 12414P Concessionaire Services—Parks Division Page 11 of 37 • The Concessionaire shall use a cash register at concession site, which records every transaction on a single running tape.The register will be supplied by the Concessionaire. • The Concessionaire shall not permit any lewd or immoral conduct in or about the assigned space occupied by him, and guarantees to furnish uniforms, approved by the City,to all attendants and to keep such uniforms in neat and attractive condition. All persons working in said concession premises shall be neat and clean in appearance. • The Concessionaire shall keep the assigned building space, and within a fifteen (15)foot radius of the Concession Unit(s), in a neat, clean, sanitary and safe condition.Trash will be deposited daily in containers provided by the City. Concessionaire must provide cleaning supplies. City will provide sink, mop and mop bucket. • No liquor shall be handled, allowed, distributed, or sold in or about said assigned space or the Premises, and no gambling, slot machine or gambling device of any kind shall be allowed in or about the assigned space. • A copy of the current Price Schedule approved by the City shall at all times be displayed on the Concession Premises or at points of sale in such a manner as to be easily viewed by the public. Revisions to the price list must be submitted to the City for notification prior to any changes to the price list posted to the public. Within or around the outside concession premises any radio or musical device or entertainment shall be employed for music and if employed shall be conducted inside the concession unit and shall be reduced in volume so that it cannot be heard at a distance of more than 20 feet from the concession unit. Music must be appropriate for the scheduled event. The Concessionaire shall provide sufficient personnel to adequately staff the concession units at all times. Parks staff will notify the Concessionaire of all special events, tournaments, and competitions to ensure staffing levels are sufficient. A condition of premises form will be completed prior to concessionaire conducting business. See Attachment A. e. Equipment provided by the city Equipment for Kiwanis&Gateway combined: 2 refrigerators, 4 freezers, 2 Nacho machines, 2 hot dog cookers, 2 pretzel warmers, 3 deli warmers, 2 plumbed coffee machines, 2 plumbed Cappuccino/Hot chocolate machines, 3 pizza ovens, 3 microwaves, 1 popcorn machine & miscellaneous utensils. f. Maintenance of Equipment If concessionaire decides to use equipment,they must maintain it. g. Utilities The City shall provide water and electricity necessary for operation of the equipment provided under this Agreement; provided, however, that the City does not guarantee the uninterrupted supply of water and/or electricity to said equipment, and the parties agree that the City shall not be responsible for any damage to such equipment, and/or beverages contained therein that result from any interruption and/or failure in such utility services. h. Account Representative Sponsor shall assign one account representative to work with the designated City representative to ensure 12414P Concessionaire Services—Parks Division Page 12 of 37 a consistent working relationship between the Sponsor and the City. 2. Payment/Statement/Reports a. Payment is due on or before the 15th of each month for the preceding month. b. Contractor shall furnish the City with a monthly statement of gross receipts showing the activity for concessions. Statement will be for receipts received during the preceding month in which payment is due. c. Statement of daily hours of operation during the reported month. d. An updated list of concession items shall be made available to the Park and Recreation Manager quarterly for consideration and acceptance. V. GENERAL REQUIREMENTS The requirements in this section are the overall general requirements for providing beverages for concessions, signage sponsorship and vending services (optional award at the city's discretion) to be provided to the Parks Division. These requirements will be used as a basis for determining a Proposer's capability to undertake this Contract. Responses to this Section will be scored and should be included in Tab 3. 1. Organizational Capabilities a. Describe your company's ability and experience providing concessions in a park or other public setting to customers of comparable size, scope and circumstance. b. Provide an organizational chart for your company and include an issue escalation process used to resolve any potential issues between the Owner and the Contractor during the Contract term. 2. Staff Qualifications a. Identify and provide a resume for the Project Manager that will be assigned to this project and any additional projects they will be involved in during the Contract term. The Project Manager will be the primary point of contact for Owner and must be available on an as-needed basis.Describe how the Project Manager will guarantee availability to Owner during the entire duration of the project. b. Identify additional key personnel from your company that will be assigned to this contract, including their current job title and the role they will play in the project. For each staff person,attach a brief resume with any pertinent licenses or accreditations and give at least one (1) example of a project where the staff provided similar services to an organization with needs similar to those described in this RFP. c. Identify the Account Manager who will be handling all invoices and billing and will serve as the account main point of contact for this contract. d. If any of these contacts change during the contract term, the Contractor shall verbally notify the Owner within twenty-four(24) hours of change and follow up in writing within five (5) business days of the date of change. 12414P Concessionaire Services—Parks Division Page 13 of 37 VI. COST PROPOSAL 1. General Instructions for Preparing Cost Proposals Proposer must submit a cost proposal under Tab 5 of their proposal. If proposer agrees to allow other governmental agencies to purchase goods or services from the awarded Contractor under the resulting contract, price accordingly so other jurisdictions can perform an apples-to-apples comparison for their resulting contract. 2. Total Project Cost Proposer pricing must include all requisite services, materials, work products and ancillary expenses. Contractor's expenses related to providing on-site services (e.g. staffing, miscellaneous equipment, repairs, maintenance or insurance) must be included in the proposed pricing and cannot be at an additional charge. 3. Percentage of Gross Revenues or Flat Monthly Fee The Parks Division shall be paid ten percent(10%)of the Concessionaire's gross monthly revenue, or a monthly fee of $1,500, whichever is greater. The term "Gross Monthly Revenue" shall mean the total amount charged by Concessionaire, its employees, agents, or licensees, for all goods sold, whether for cash or on credit. The percentage of gross sales does not include Washington State Sales Tax that is remitted to the state by Contractor. 4. Menu Items Proposer must include proposed menu items with proposed pricing and criteria by which future pricing will be determined. 5. Equipment Proposer must include a list with detailed explanation of the equipment proposer will be providing, utilizing or installing at the site. 6. Hours of Operation Proposer to include proposed hours of operation. 7. Additional Services, Promotions,Compensation Offered Any additional services or procedures of benefit to the City not specifically required in the RFP, but which the Proposer offers to provide, may be outlined on a separate sheet of paper and included with the proposal form. VII. EVALUATION AND CONTRACT AWARD 1. Preliminary Evaluation All Proposals shall be evaluated against the same standards. The Proposals will first be reviewed to determine if they contain the required forms, follow the submittal instructions and meet all mandatory requirements. Failure to meet mandatory requirements will result in proposal rejection as non-responsive. In the event that NO Proposer meets specified requirement(s), the Owner reserves the right to continue the evaluation of the proposals and to select the proposal most closely meeting the requirements specified in this RFP, or not select any proposals. 2. Proposer Presentations/Scoring Based on evaluation of the written proposals by the Evaluation Team on the stated criteria,an estimate of two to four top scoring proposals may be short-listed. Short-listed Proposers may be required to participate in interviews and/or site visits to support and clarify their Proposals if requested by the Evaluation Team. The Evaluation Team will make 12414P Concessionaire Services—Parks Division Page 14 of 37 every reasonable attempt to schedule each presentation at a time and location agreeable to the Proposer. Failure of a Proposer to interview or permit a site visit on the date scheduled may result in rejection of the Proposer's Proposal. Should the Evaluation Team request any oral presentations or demonstrations from one or more of the short-listed proposers,the Evaluation Team will review the initial scoring and adjust based on the information obtained in the oral presentation or demonstration and site visits and to determine final scoring. 3. Evaluation Criteria The proposals will be scored using the following criteria: No. Description Max Points 1 Relevant Experience and Qualifications 30 2 Capabilities/Level of Service 25 3 Pricing and Commission Schedules 30 4 References 10 5 Additional Services, Promotions, Compensation Offered 5 TOTAL POSSIBLE POINTS 100 The points stated above are the maximum amount awarded for each category. The evaluation process is designed to recommend award of this procurement to the proposal that is the best value of the City, not necessarily the lowest cost Proposal. Results of reference checks will be used to clarify and substantiate information in the written proposals. The reference results shall then be considered when scoring the responses to the requirements in the RFP. 4. RFP Evaluation Evaluation of proposals shall be based on conformity to the specifications, cost, past experience and performance with the City and other agencies, manufacturers past performance with the City and other agencies, proposed manufacturer's service availability, parts availability, equipment design and functionalism and effect on productivity and bidder's supporting documentation. 5. Prompt Payment Proposers are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: a. Receipt of a properly completed invoice b. Receipt of all supplies,equipment or services ordered c. Satisfactory completion of all contractual requirements 6. Award/Best and Final Offers The Buyer will compile the final scores for all sections of each responsive proposal. The award will be granted in one of two ways. The Evaluation Team's Recommendation of Award may be granted to the highest scoring responsive Proposal and responsible Proposer. Alternatively, Proposers with the highest scoring proposer or proposers may be requested to submit Best and Final Offers. If Best and Final Offers are requested by the Evaluation Team and submitted by the Proposer, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. The Intent to Negotiate then will be granted to the highest scoring Proposer. However,a Proposer should not expect that the Owner will request a Best and Final Offer. 12414P Concessionaire Services—Parks Division Page 15 of 37 7. Tied Score In case of a tied score, recommendation of award will go to the firm who was favored by the majority of the Evaluation Team members, according to their score. The Evaluation Team shall then offer an "Intent to Negotiate and/or Intent to Award" the final contract with the successful Proposer and the decision to accept the award and approve the resulting contract shall be final. 8. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, it determining which bid proposal is the lowest, after the tax revenue has been considered. 9. Offer in Effect for Ninety(90) Days A Proposal may not be modified, withdrawn or canceled by the proposer for a ninety (90) day period following the deadline for proposal submission as defined in the Calendar of Events, or receipt of best and final offer, if required, and Proposer so agrees in submitting the proposal. 10. Notification of Intent to Negotiate/Intent to Award Proposers will be notified in writing of the Owner's Intent to Negotiate and/or Intent to Award the contract resulting from this RFP. 11. Right to Reject Proposals and Negotiate Contract Terms The Owner reserves the right to negotiate the terms of the contract, including the award amount, with the selected Proposer prior to entering into a contract. If substantial progress is not made in contract negotiations with the highest scoring Proposer,the Owner may choose to cancel the first Intent to Negotiate and commence negotiations with the next highest scoring Proposer. 12. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Proposer is submitting a formal protest. The protest shall be filed with the City of Yakima Purchasing Manager at 129 No. 2nd St.,Yakima,WA 98901, or by fax: 509-576-6394 or email to: purch@vakimawa.gov. The protest shall clearly state the specific factual and legal ground(s)for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the RFP shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Proposer: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal, the protest may be appealed to the Executive (or his designee). The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Proposer via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Intent to Negotiate is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the Proposer received the information, but rather when the announcement is issued by Purchasing. 12414P Concessionaire Services—Parks Division Page 16 of 37 Award Regardless of Protest When a written protest against making an award is received,the award shall not be made until the matter is resolved, unless the Owner determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the Owner. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The Owner retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 12414P Concessionaire Services—Parks Division Page 17 of 37 VIII. PROPOSER QUESTIONNAIRE Page 1 of 4 INSTRUCTIONS: Complete the requested information sign and date. If the Owner requires further description,the Owner may request Proposer to provide such information within a mandatory due date. You must submit this completed form to the Owner with your Proposal. Include completed form under Tab 3. Failure to submit fully completed form, may result in disqualification of Proposal. PROPOSER INFORMATION Proposer's Legal Name: Company's dba: (if applicable) CEO/President Name: Business Federal License No. UBI No. EIN No. Phone ( ) Toll Free Phone ( FAX ( ) E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip + 4 Name the person to contact for questions concerning this proposal. Name Title Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip +4 12414P Concessionaire Services—Parks Division Page 18 of 37 PROPOSER: PROPOSER QUESTIONNAIRE Page 2 of 4 OWNERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No: Please explain: FINANCIAL RESOURCES AND RESPONSIBILITY Within the previous five years, has your firm been the debtor of a bankruptcy? Yes: No: Please explain Is your firm in the process of or in negotiations toward being sold? Yes: No: Please explain Within the previous five years, has your firm been debarred from contracting with any local, state, or federal government contract? Yes: No: Please explain Within the previous five years, has your firm been determined to be a non- responsible bidder for a proposal for any government contract? Yes: No: Please explain Within the previous five years, has a governmental or private entity terminated your firm's contract prior to contract completion? Yes: No: Please explain Within the previous five years, has your firm used any subcontractor to perform work on a government contract when that subcontractor had been debarred by a governmental agency? Yes: No: Please explain 12414P Concessionaire Services—Parks Division Page 19 of 37 PROPOSER: PROPOSER QUESTIONNAIRE Page 3 of 4 DISPUTES Within the previous five years, has your firm been the defendant in court on a matter related to any of the following? • Payment to subcontractors? Yes: No: Please explain • Work performance on a contract? Yes: No: Please explain Does your firm have any outstanding judgments pending against it? Yes: No: Please explain Within the previous five years, has your firm been assessed liquidated damages on a contract? Yes: No: Please explain Has your firm received notice of and/or in litigation about patent infringement for the product and/or service that your firm is offering to the City? Yes: No: Please explain COMPLIANCE Within the previous five years, has your firm or any of its owners, partners, or officers, been assessed penalties or found to have violated any laws, rules, or regulations enforced or administered by a governmental entity? This does not include owners of stock if your firm is a publicly traded corporation. Yes: No: Please explain License(s) are required to perform the services sought by this solicitation. Within the previous five years, has your firm had a license suspended by a licensing agency or been found to have violated licensing laws? Yes: No: Please explain 12414P Concessionaire Services—Parks Division Page 20 of 37 PROPOSER QUESTIONNAIRE PROPOSER: Page 4 of 4 BUSINESS INTEGRITY Is a governmental entity or public utility currently investigating your firm for false claims or material misrepresentations? Yes: No: Please explain Within the previous five years, has a governmental entity or public utility determined your firm made a false claim or material misrepresentation? Yes: No: Please explain Within the previous five years, has your firm or any of its owners, partners or officers been convicted of a crime involving the bidding on a government contract, the awarding of a government contract, the performance of a government contract, or of a crime of fraud, theft, embezzlement, perjury, bribery? This does not include Owners of stock if your firm is a publicly traded corporation. Yes: No: Please explain 12414P Concessionaire Services—Parks Division Page 21 of 37 IX. PROPOSER REFERENCES To be completed and submitted under Tab 3. 1) Company Name Address (include Zip + 4) Contact Person Phone No. Describe experience with reference 2) Company Name Address (include Zip + 4) Contact Person Phone No. Describe experience with reference 3) Company Name Address (include Zip + 4) Contact Person Phone No. Describe experience with reference 12414P Concessionaire Services—Parks Division Page 22 of 37 X. SAMPLE CONTRACT AGREEMENT CITY OF YAKIMA RFP 12414P CONCESSIONAIRE SERVICES THIS AGREEMENT,entered into on the date of last execution, between the City of Yakima,a Washington municipal corporation("City"), and , ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Services The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in RFP 12414P Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference,and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 2. Compensation The City agrees to pay the Contractor according to Contractor's Cost Proposal which are attached as Exhibit B, and incorporated herein by this reference,which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Proposal Submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one(1)year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to two(2)additional years. For a total of three(3)years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall,at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself,and for its heirs,executors,administrators,successors, and assigns,does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand.All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential,and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection, Production and Retention of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and 12414P Concessionaire Services—Parks Division Page 23 of 37 proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation payable under this Contract,or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City,and the records relating to the Services are City of Yakima/Yakima County records.They must be produced to third parties, if required pursuant to the Washington State Public Records Act,Chapter 42.56 RCW,or by law.All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract,the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status,sexual orientation,gender identity,pregnancy,veteran's status, political affiliation or belief,or the presence of any sensory,mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). 12414P Concessionaire Services—Parks Division Page 24 of 37 This provision shall include but not be limited to the following:employment, upgrading,demotion,transfer, recruitment,advertising, layoff or termination, rates of pay or other forms of compensation,selection for training,and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b)in furtherance of an investigation, proceeding,hearing,or action, including an investigation conducted by the employer,or(c)consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release,indemnify,defend,and hold harmless the City,its elected and appointed officials,officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act,Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages,compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims,damages,losses,and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. 12414P Concessionaire Services—Parks Division Page 25 of 37 Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00)general aggregate. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima,its elected and appointed officials,employees,agents, attorneys and volunteers as additional insureds,and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials,employees,agents, attorneys and volunteers as additional insureds,and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws,statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance,self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements,defense costs,or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 12414P Concessionaire Services—Parks Division Page 26 of 37 13. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms,conditions or applications which can be given effect without the invalid term,condition or application.To this end, the terms and conditions of this Contract are declared severable. 14. Contract Documents This Contract,the Request for Proposals 12414P, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents)constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively,supersede other inconsistent provisions.These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St.,Yakima,WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract,the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent,or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary,or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee;or Termination for Convenience The City may terminate the Contract,without cause, by providing 30 days written notice of termination. In the event of termination for convenience,the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented,such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least 12414P Concessionaire Services—Parks Division Page 27 of 37 five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement,or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing,other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract,or when the contract is terminated by the City for cause as herein provided,the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays(acts or God,etc.)the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract,on behalf of Contractor,represents and warrants that they have has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. 12414P Concessionaire Services—Parks Division Page 28 of 37 The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Ken Wilkinson Christina Payer Park and Recreation Manager Buyer II City of Yakima City of Yakima 2301 Fruitvale Blvd 129 North 2nd Street Yakima WA,98902 Yakima,WA 98901 24. Survival The foregoing sections of this Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONTRACTOR NAME] By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Cost Proposal(Compensation) 12414P Concessionaire Services—Parks Division Page 29 of 37 EXHIBIT A - SPECIFICATIONS [SERVICES DESCRIBED IN RFP/RFQ/PROPOSAL] EXHIBIT B - COST PROPOSAL (COMPENSATION) [DELIVERABLES AND PAYMENT SCHEDULE OF ITEMIZED PRICES AS LISTED IN THE CONTRACTOR'S PROPOSAL] 12414P Concessionaire Services—Parks Division Page 30 of 37 XI. SAMPLE CERTIFICATE OF INSURANCE ''_1 DATE(VWDaYYYYI ACGROE CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED.the policylies)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED.subject to the terms and conditions of the policy.certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROC(IOER N,, °CT INSURANCE AGENT INFORMATION INSURANCE AGENT ISSUING CERTIFICATE PROM eye _ I fat ,Iio) E.JAA?_ ADDRE33'. NSURER(b)AFFORDING COVERAGE RAC I MSURER A: A-VIM OR BETTER.ADMITTED CARRIER INSURED INSURER B: __- Entity Insured Address INSURER c: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE°OLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE WAY BE ISSUEO OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN WAY HAVE BEEN REDJCED BY PAID CLAIMS INER ADD )3UBF POLICY-FF POLICY LAP LGIIT3 Lrn TYPE OF INSURANCEPTO N A POLICY NUMBER (l O.YYYY1 (VY'DISAIW} ti I X COMMERCIAL GENERAL LIABILnY EACH 04.URRE'.:E $ 2.000.000 I—TI -�-/ DALLAVE..3 NO'v.E.1 1 I CLNMS.W,>E L/A. _ �EVeSE'rE3 aan $ 10D. __:LIT s _. .r MEDEXP Y!rxterm, s 5.000 A H POLICY NUMBER PER EC'NALaec':IN.L:RY 5 1.000.000 S.AGGREGATE LW APPJES PER DATE E DATE _hERA.AG:AEaA'E s 2.000.000 LI POCY X]PRa pi Loc a::CV= -;g1aPDP.Ac a s 2.000.000 AECr OhEit -E;IC•+E7 s,I.GLE ur.!r 5 2.000.000 4UTOMOBiE LIABA7TY Ea Sccrr.1� XI AAfv ALRD E:CILY N.LRY PC ce!'A^• I A OWNED -` 'F-cc`Eo CG POLICY NUMBER exav uLaRY Ra x:=ac s AUTOSminso ONLY AVr utED NCrc-c�vnEO DATE DATE xEcALiA E 5 _,Al/TOG ONLY ALITOG CNLY ;Pc —_ soieNT UYSRELLALIAB OCCUR EAC H PC.:uPREA,CE s EXCESS UAB CLAIMS-MADE) I As:.RoS'E I Deo I RETEYTION1 s NCR COMPENSATION PRTfiE (VCE AND EMPLOYERS'LABILITY Y!N ANYOR:PR-.ETC^v P ARTERE7E CUTT.E I I E_EACH ACCCEN; $ 1.000.000 A iB 10ER.V ERExc,La. - __N.N:A POLICY NUMBER 1_ - oannantory/n NH) DATE DATE E F.C!SEASE•EA EVPL:YEE 5 1,000.000 r,e STOP GAP/EL ONLY DEscRIPnCh:.. R.AnCHs cnan E C-FAFF-PoucT L•.5' s 1.000.000 l I I DESCRIPTION OF OPERATION?;LOCanONs'VEHICLES IACORO 101.AIX tbosai Remarks Sone uie.Troy be 3t3Cned I!mare cpaoe k WORMS) The City of Yakima.its agents.employees.authored volunteers.elected and appointed officals are induced as Prmry.Non-Cons butory add vor..al assured See attached Additional Insured Endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. C.ty of Yakima Purchasing Department AUTNOSI D REPRESENTATIVE 129 N.2nd St. Yakima.WA 98r01 SIGNATURE I :D 1988-2015 ACORD CORPORATION. All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 12414P Concessionaire Services—Parks Division Page 31 of 37 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Yakima,its agents,employees,authorized volunteers,elected and appointed officials are Included as Primary/Non-Contributory additional insured. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule. but only sions apply with respect to liability for "bodily injury". "property This insurance does not apply to "bodily injury' or damage" or "personal and advertising injury' caused, in whole or in part,by: "property damage"occurring after 1. Your acts or omissions;or 1. All work, including materials. parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the locations) desig- covered operations has been completed; or nated above 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor nr siihcnntractnr nn. gaged in performing operations for a principal as a part of the same project CG 20 10 07 04 ;v ISO Properties. Inc,2004 Page 1 of 1 0 12414P Concessionaire Services—Parks Division Page 32 of 37 POLICY NUMBER,CGD30C084g07 COMMERCIAL GENERAL LIABILITY CG24031219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the fofiowing COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS;COh1PLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s). Where required by wri en contract or agreement executed prior to loss(except where not permitted by Yaw). Information required to complete this Schedule. If not shown above.will Pe shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any nght of recovery against the person(s) or organizations) shown in the Schedule above because of payments we make under this Coverage Par. Such waiver by us applies only to the extent that the Insured has waived its nght of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organ¢ation(s)shown in the Schedule above. CG 23 04 12 19 0 Insurance Services Office.Inc. 2012 Page 1 of 1 12414P Concessionaire Services—Parks Division Page 33 of 37 ATTACHMENT A— CONDITION OF PREMISES FORM Condition of Premises Gateway Sports Complex Items/Areas Condition (List repairs needed or "no repairs needed" Exterior of Concession Stand Interior of Concession Stand City Equipment Included Comments Signatures: Concessionaire City of Yakima Printed Name, Title Printed Name, Title Date Date 12414P Concessionaire Services—Parks Division Page 34 of 37 ATTACHMENT B -GATEWAY SPORTS COMPLEX BROCHURE KIWANIS PARK rA • • STAY AND PLAY 33B IN YAKIMA StGATEWAY _---. \ m SPORTSCOMPLCK t Ave • 5, a Escape,relax and enrich in st i w W i ,:- the Yakima Valley... E spruce St 33 a • • Kiwanis • %, ► ' • Seasonal Fruits Park Maptest ♦ ♦ • Outdoor Recreation 0 • ' Shopping Washington Pa E Race St a ' Wine Tasting • 300 days of sunshine Coming from Ellensburg (south on 1-82) Take the Fair Ave/Lincoln Ave.Exit Turn left at the stop light onto Fair Avenue For more information on the many activities the Yakima Turn left at Maple Street S,'' Valley has to offer contact: Coming from Tri-Cities(north on 1-82) _ Yakima Valley Visitors&Convention Bureau Take the Nob Hit Exit ' , (800)221-0751 Turn left onto Nob Hill Boulevard(going west) www.visityakima.com Turn right onto Fair Avenue . Turn Right onto Maple Street - I , ' 4 Yakima _ P r6 `' Phone:509-575-6020 A Rr Fax:509-575-6238 Email: askparks©d.yaklnla.Wa.us Physical Location. 405 Fair Avenue,Yakima,WA GATEWAY SPORTS COMPLEX Mailing Address. 2301 Fruitvale Boulevard www.gatewaysportscomplex.com Yakima.WA 98902 12414P Concessionaire Services—Parks Division Page 35 of 37 WELCOME TO THE GATEWAY SPORTS COMPLEX SITE SPECIFICATIONS AT KIWANIS PARK Our professional staff looks for- ward to serving your tournament needs. We offer tournament di- - 2 rection• professional umpires �°z. and professional grounds main- tenance. Our tournament direc- tor's office, convenient conces- sion areas, picnic shelters and playgrounds make hosting your 1 , tournament easy• and when you _ :. throw in Yakima's central loca- tion and 300 days of sun... well. it just doesn't get any better, Seven state-of-the-art softball fields Two large parking lots to accommodate 400 cars Top of the line infields and outfields Handicap accessible Professional Infield Mix Two full service concession stands First Bass Musco Lighting Tournament Directors office} Four fields with 300'permanent field fence lengths Coach/Umpire Rooms • s =� Three fields with 225 permanent field fence lengths Souvenir stand Portable field fencing to convert fields to 200' Two large restroom facilities Warning tracks An additional field adjacent to the new fields Electronic scoreboards Two playgrounds PA systems One playground adjacent to the Gateway softball fields • - Green vinyl fencing One extra large playground located adjacent to the new Kiwanis fields >� Foul poles . • Two picnic shelters Covered dugouts 30'backstops Professionally designed skate park atria. �"' �•" e„ „ Basketball court • Grass warm-up areas Professionally maintained grounds Volleyball court 12414P Concessionaire Services—Parks Division Page 36 of 37 ATTACHMENT C - 2024 TOURNAMENT SCHEDULE 2024 Tournament Schedule for Gateway Sports Complex&Kiwanis Park As of February 1.2024 January: 27th&28th YPR Snowball 16"Softball.Gateway All the rest are Closed February: Closed March: 9th Kiwanis Davis HS Fastpitch 30th Kiwanis Davis HS Fastpitch Rest are Closed April: 6th& 7th Closed 13th& 14th Gateway&Kiwanis Kim Acacio Fastpitch Tourney 20'h& 21 R Gateway&Kiwanis College Crossover Fastpitch 27th& 28th Gateway Hollie Milburn Slowpitch May: 4th& 5th Gateway Men's Fastpitch Donna Ramos 11th& 12th Closed 17th BB Districts Kiwanis Halley Cle Elum Fastpitch 18th A Districts Kiwanis Don Erickson Fastpitch 14th& 25th WLAA State Gateway Fastpitch June: lst& 2`d Closed 8th&9th Gateway&Kiwanis Kim Acacio Fastpitch Tourney 15th& 16th Gateway Slowpitch CSSA Don Adams 22nd&23rd Gateway&Kiwanis Eddie Allan the Sports Forum Baseball 29th& 30th Gateway Slowpitch Chris Blanco July: 6th& 7th Closed 12th. 13th& 14th Gateway&Kiwanis Eddie Allan the Sports Forum Baseball 2Oth& 21"Open 27th& 28th Gateway Slowpitch Hollie Milburn August: 3rd&4th Gateway Shark N Park Slowpitch,George Calfrobe lOth& 11th& 17th& 18th Closed 14th& 25th Gateway Everett Preciado Slowpitch September: OPEN October: 5th& 6th Gateway&Kiwanis Fastpitch Kim Acacio 12th& 13th Gateway&Kiwanis Fastpitch Kim Acacio 19th& 20th YPR Ghost&Goblins Coed Slowpitch 25th& 26th Gateway WJAA State Slowpitch November&December All Complexes Closed "This also does not include our Slowpitch League that runs from mid April— mid October. Monday— Thursday. Sunday League from mid June—August.High School which runs end of February—mid May. fastpitch& end of August—October. slowpitch& CSSA Slowpitch on Thursdays from mid April—mid June. 12414P Concessionaire Services—Parks Division Page 37 of 37 �..k 1;I CITY OF YAKIMA PURCHASING DIVISION • 129 North 2nd Street • Yakima,Washington • 98901 • (509)575-6093 March 13, 2024 Dear Sir or Madam: Subject: RFP No. 12414P Concessionaire Services Addendum No. 1—Site Visit Questions/Clarifications A. Questions: 1. Are there any safety concerns on the premises? Answer: No, problems or issues reported year to date. Both complexes have alarms. 2. Will both concession stands be open? Answer: Kiwanis, fields A, B & C, is mainly open on the weekends. Davis high school may use once a week. Gateway, fields 1-5, is the busiest and will be open more frequently. 3. Is there a safe that can be used? Answer: Yes, there is a safe in the Gateway concession stand. It is bolted to the ground. Kiwanis does not have a safe. 4. Is there Wifi that can be used for credit card readers? Answer: No. 5. Can vendor drive vehicle to stands to restock during concession hours? Answer: This can be done before and after games. During games, vendor will need to cart items to stands. 6. How will vendor access area? Answer: Vendor will be given keys to the gate and concession stands. 7. Can the vendor submit an electronic report in lieu of a running cash register receipt? (Concession Regulations, page 11-12, bullet 3). Answer: Yes, an electronic report can be submitted if all transactions are sequential. M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing 8. Who maintains equipment?And what happens if equipment breaks down? Answer: If the vendor chooses to use city owned equipment, then the vendor will be responsible to maintain. If equipment breaks down, it will not be replaced. Pepsi-Cola equipment will be maintained by Pepsi. 9. Attachment C—2024 Tournament Schedule: What does "closed" and "open" mean on the schedule? Answer: Closed means— Not open and no bookings will be scheduled. Open means— Not booked, open to be booked. 10. Attachment C-2024 Tournament Schedule - Does it include: This also does not Include our Slowpitch League that runs from mid April— mid October. Monday— Thursday.Sunday League from mid June—August.High School which runs end of February—mid May. fastpitch&end of August—October. slowpitch& CSSA Slowpitch on Thursdays from mid April—mid June. Answer: The above league and high school games are not included in the schedule. The city would like the vendor to be open on these dates, but it is not required and up to the vendor. B. Clarifications/Amendment to Bid Specifications: 1. Concession Items Intent to Award has been made to Pepsi-Cola under RFP 12401P-Wholesale Beverage Pricing, Signage Sponsorship and Vending Services. This award grants Pepsi-Cola certain exclusive marketing and sponsorship privileges of facilities. Concessionaire will not sell products that compete with Pepsi-Cola. Concessionaire will obtain product pricing from Pepsi-Cola. See attached cost proposal form. 2. Compensation (As found on page 11 of RFP Specifications) Compensation to the City shall be ten percent (10%) of the Concessionaire's gross monthly revenue, or a monthly fee of $1,500, whichever is greater. The term "Gross Monthly Revenue" shall mean the total amount charged by Concessionaire, its employees, agents, or licensees, for all goods sold, whether for cash or on credit. The percentage of gross sales or flat monthly fee does not include Washington State Sales Tax; that is remitted to the state by Contractor. Concessionaire shall deliver the Percentage Payment or Monthly Fee to the City on or before the 5th business day of each month. The Concessionaire must provide a statement in a form approved by the City showing Gross Monthly Revenue for the month and how the Percentage Payment was calculated. Amendment: The above compensation schedule is for the months of April —October. All other months will be 10% of the concessionaire's gross monthly revenue. 3. The city blows out the water lines the end of November, early December. After this time, there will be no running water. The annual Snowball Tournament is in January. Vendor will need to bring water in. M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing C. Various Photos: (Not all inclusive of all equipment or areas). Kiwanis =El ' - -='2-11W- ' [ - !Iii!,:,.: ' ii l t ; itJ " - a WI, f? am` 'iiiiii* ... L- .... / rz, irn Gateway r i iii, ` e #• K- Please acknowledge receipt of this addendum on page two, Cover Sheet/Signature Page, of the RFP document. If you have any questions please contact me at (509) 576-6696. Sincerely, ChflAi?ti4G, A Christina Payer, CPPB Buyer II - City of Yakima Purchasing CC: Bill Wells, Recreation Program Supervisor File M (509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing VIII. COST PROPOSAL FORM 175 C"� i To be completed and submitted under Tab 5 Proposer Name City of Yakima Parks Division RFP 12401P 1. Wholesale Pricing of Beverages and Related Goods The Sponsor shall provide the City with beverages, beverage cups and lids, post-mix syrup, and related goods and products under this Agreement. Due to possible increases in the cost of such goods and products, the Sponsor reserves the right to increase wholesale pricing on an annual basis. Any such increase shall not exceed three (3%) per year. 2. Vending Machine Services Contractor shall pay the City a percentage commission based on amount of gross sales not including sales tax. Payment is to be made on or before the thirtieth (30th) day of each month, or the next business day if the 30th day occurs on a weekend. Vending Services will be awarded at the city's discretion. A detailed itemization of the gross receipts collected, sales tax amount and percentage due to the City shall be submitted with commission payment. 3. Service Sites The available service sites are listed below. If both parties agree, additional sites can be added via contract amendment. • Gateway Sports Complex • Kiwanis Park The Proposer proposes the following price list and to pay the city of Yakima Parks Division the following percentage of gross sales based on the vending sales as contained in the specifications. Pricing and Commission Form Schedule 1—Wholesale Fountain Beverage Pricing and Related Goods Items Case Prices/Qty. Per Case(Note Unit Cost if an additional beverage tax applies). 20 oz Carbonated Soft Drink $ ,3c2.p O # $ I. 20 oz Sports Drink $ 3 3 , 24 # A? $ I. 41 20 oz Water $ J b, c5o # $ 0,c7 20 oz Juice Blends c� —r— $ (J JA # $ 15.2 ee Teas j(Q, 1 1e�s $ l bo # 12 $ 1. 33 15.2 Juices $ # ja $ I. g- Energy Drinks $ .7) • 9 c? # I. $ j, g3 5 Gallon Bag in Box(BIB) $ 1 f O.4O # S $ ��,o $ -375,Gallon BIB ,3 c �� $ (,11,4o #3 $ a.2, SO Gallon Non Carbonated Beverage BIB $ 6,67 # 3 $ oQ f So 16ozCups $ c$, # 00 $ C?. v 20 oz Cups ePQ $ c79.75 # /aao $ 0 ,4 32 oz Cups $ 7t .Q # 4h1 0 $ • g, 16 oz, 2t o. 32 Lid Qc.? $ 7.3 fS # 0c $ CO2 & Deposit Q� �b pc. lf`�. c170.40 $ X.�`� #� Iv $ 12401 P Wholesale Beverage Pricing, Signage Sponsorship&Optional Vending Services—Parks Division Page 19 of 36 Schedule 2—Vending Machine Services Commission based on gross sales Food Items / n % Drink Items /5--- % 12401 P Wholesale Beverage Pricing, Signage Sponsorship&Optional Vending Services—Parks Division Page 20 of 36 EXHIBIT B- NEGOTIATED VENDOR EXCEPTIONS & COST PROPOSAL (COMPENSATION) 12414P Agreement Page 9 of 9 Exhibit B— Negotiated and accepted items to Vendor Exceptions: 1. Compensation Exception — The Contractor agrees to pay the City 10% or $500 of gross monthly revenue whichever is higher for the first contract year and 10%or$1,500 of gross monthly revenue whichever is higher for each subsequent year. Payment shall be made by the 5th day of each month. 2. The contract start date will be extended until May 1, 2024. YSP Concessions Darren Uceny 7808 Alexandria Ct Yakima, WA 98908 509-961-5997 TABLE OF CONTENTS Tab 2 — RFP Cover Sheet / Signature Page Tab 3 — Response to General Requirements Tab 4 —Terms and Conditions Tab 5 — Cost Proposal included in Terms and Conditions Page 5 — Questionnaire Page 9 — Yakima Business License Page 10 - References f CITY OF YAKIMA REQUEST FOR PROPOSAL #12414P COVER SHEET/SIGNATURE PAGE THIS IS NOT AN ORDER RFP Release Date: February 29, 2024 Proposal Receipt: Proposers must first register with PublicPurchase.com and Proposal shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. If you try to submit a Proposal late, the electronic system will not receive it. Late Proposals will not be accepted or evaluated. Proposal openings are public. Proposals shall be firm for acceptance for ninety (90) days from date of Proposal opening, unless otherwise noted. RFP's ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Parks Division Christina Payer, CPPB 2301 Fruitvale Blvd. Buyer II Yakima, WA 98902 Proposals Must be completely uploaded by: Phone E-Mail Address March 21, 2024 at 2:00:0o PM PST (509) 576-6696 chrisitina.payeryakimawa.dov Public Opening 1 i PROJECT DESCRIPTION SUMMARY Concessionaire Services for the Gateway Sports Complex City of Yakima Parks Division Delivery Details: FOB Destination,Freight Prepaid,Inside Delivery Required AI hereby acknowledge receiving addendum(a) / , , , (use as many spaces as addenda received) In signing this Proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Proposal; that this Proposal has been independently arrived at without collusion with any other Proposer, competitor or potential competitor; that this Proposal has not been knowingly disclosed prior to the opening of Proposals to any other Proposer or competitor; that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Request for Proposal and all terms of our Proposal. Company Na(Ob1CéS4S e Company Address YSP 7e0, 11 I ep thcbti.i4L C f Yet itM4, w , Name of Authorized Company Representative(Type or Print) Title ' l ` � 1 Phone (SQ4 ) q/_/_�Gl;"7 barV"e11 l/�cer1y OW h Q 1� Fax ( ( ) e�G lY Sig ture of Above Date Email Address 3 -.) 1ao.� Seco dk knuckle_ awi�vt v� v �ck� 4 tma / • Co►Nl 12414P Concessionaire Services—Parks Division Page 2 of 37 RESPONSE TO GENERAL REQUIREMENTS YSP Concessions currently operates two concession stands. We have been the concession provider at Renegade Raceway (Parker, WA) for 12 years. We started running the smaller spectator side stand for 8 years. When the Pit Side Stand space became available we invested in a building and additional equipment and have been running that side for 4 seasons. We typically run a crew of 2 to 5 people depending on the size of the race. In 2020 we were awarded the bid for the concession stand at Carlon Park in Selah. During state tournament we do over 1,500 transaction in a two day period. Our staffing will fluctuate during the day but usually runs between 2 and 4 people. We are open for all GYGSA Tournaments, WIAA State Tournament, GYGSA League play and community events like 4th of July Celebration. We pride ourselves on our customer service and cleanliness. Our company organization is pretty simple. I am the sole owner. For the Gateway / Kiwanis project I would elevate Michelle Caoile as my site manager. She currently runs the Selah stand when I am not there and is more than capable of keeping the stands stocked, the staff on task and the facility clean. She has worked for me for six years and has my full confidence and support. Any potential issues should be brought to her attention if it is during a tournament. She has the authority to correct any problem on the spot. If they need further attention, please notify me and it will be corrected. It is our goal to be a good tennant and look forward to working with the City, Parks and Rec and our Tournament Directors to provide the best experience possible for our guests. Additional key personnel have not been identified yet as we have not yet hired a new staff. All payment processing will be handled by me. A menu will be provided for your approval. It will be very similar to Selah's menu. TERMS AND CONDITIONS EXCEPTIONS Compensation Exception — Since the City has spent the last year teaching attendees to bring their own food, I propose that in the first year of operation the compensation be reduced to 10% or $500 per month (whichever is greater.) Years 2 and 3 may return to the proposed 10% or 1500 Facilities Exception — I propose the City install and maintain a wireless Internet connection for processing credit card transactions. Timetable Exception —Since this award will not be made until April 1st, I have severe reservations about being able to interview, hire and train a staff, identify and acquire any additional equipment, get menu boards made and clean the facility. We would need to come to an agreement on a reasonable opening date. VIII. PROPOSER QUESTIONNAIRE Page 1 of 4 INSTRUCTIONS: Complete the requested information sign and date. If the Owner requiresfurtherdescription,the Owner may request Proposer to provide such information within a mandatory due date. You must submit this completed form to the Owner with your Proposal. Include completed form under Tab 3. Failure to submit fully completed form,may result in disqualification of Proposal. PROPOSER INFORMATION Proposer's Legal Name: YOU-1 i' 58()6 Prothimihj L C Company's dba: (if applicable) 1SP (o ce�/OviS CEO/President Name: barge h tkNy Business Federal License No. 0.ttackpre UBI No. ( oq- 77 ' 4sY EIN No. e '17.0 ?7(� Phone SD?) q(al-57 7 Toll Free Phone ( ) FAX ( ) E-Mail Address $2(Oydkhtfede. 4 lei G1'W//t'pn- Mailing Address 7,'s be �-f'agt hQ ry'& CY-- City !Q ki'met, State IX 114" Zip + 4 (d 7,42 - y5"),) Physical Address Car/on PCM a.O/CAS. City State Zip + 4 Name the\person to contact for questions concerning this proposal. Name �a r V^e Ll lice"l/ Title ap Phone (Sort) 96/ -5777 Toll Free Phone ( ) FAX ( ) E-Mail Address 5e(OVICI6UCide �(,' fi6449/64 Mailing Address 54/V Q q.S a City State Zip + 4 Physical Address City State Zip + 4 12414P Concessionaire Services-Parks Division Page 18 of 37 PROPOSER: Y$P ( hcesci hS PROPOSER QUESTIONNAIRE Page 2 of 4 OWNERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No: / Please explain: FINANCIAL RESOURCES AND RESPONSIBILITY Within the previous five years, has your firm been the debtor of a bankruptcy? Yes: No: Please explain Is your firm in the process of or in negotiations toward being sold? Yes: No: Please explain Within the previous five years, has your firm been debarred from contracting with any local, state, or federal government contract? Yes: No: Please explain Within the previous five years, has your firm been determined to be a non- responsible bidder for a proposal for any government contract? Yes: No: Please explain Within the previous five years, has a governmental or private entity terminated your firm's contract prior to contract completion? Yes: No: Please explain Within the previous five years, has your firm used any subcontractor to perform work on a government contract when that subcontractor had been debarred by a governmental agency? Yes: No: Please explain 12414P Concessionaire Services—Parks Division Page 19 of 37 PROPOSER: Y5P (oncc , sE' PROPOSER QUESTIONNAIRE Page 3 of 4 DISPUTES Within the previous five years, has your firm been the defendant in court on a matter related to any of the following? • Payment to subcontractors? Yes: No: Please explain • Work performance on a contract? Yes: No: Please explain Does your firm have any outstanding judgments pending against it? Yes: No: Please explain Within the previous five years, has your firm been assessed liquidated damages on a contract? Yes: No: Please explain Has your firm received notice of and/or in litigation about patent infringement for the product and/or service that your firm is offering to the City? Yes: No: Please explain COMPLIANCE Within the previous five years, has your firm or any of its owners, partners, or officers, been assessed penalties or found to have violated any laws, rules, or regulations enforced or administered by a governmental entity? This does not include owners of stock if your firm is a publicly traded corporation. Yes: No: Please explain License(s) are required to perform the services sought by this solicitation. Within the previous five years, has your firm had a license suspended by a licensing agency or been found to have violated licensing laws? Yes: No: Please explain 12414P Concessionaire Services—Parks Division Page 20 of 37 PROPOSER: YSP Co PROPOSER QUESTIONNAIRE Page 4 of 4 BUSINESS INTEGRITY Is a governmental entity or public utility currently investigating your firm for false claims or material misrepresentations? Yes: No: X Please explain Within the previous five years, has a governmental entity or public utility determined your firm made a false claim or material misrepresentation? Yes: No: Please explain Within the previous five years, has your firm or any of its owners, partners or officers been convicted of a crime involving the bidding on a government contract, the awarding of a government contract, the performance of a government contract, or of a crime of fraud, theft, embezzlement, perjury, bribery? This does not include Owners of stock if your firm is a publicly traded corporation. Yes: No: Please explain 12414P Concessionaire Services—Parks Division Page 21 of 37 b't.AStlt\CTO`, Issue Date: Jan 19, 2024 Limited Liability Company Unified Business ID#: 604774654 Business ID#: 001 Location: 0001 YOUTH SPORTS PROGRAMMING LLC Expires: Jul 31, 2024 YSP CONCESSIONS 300 E GOODLANDER RD SELAH WA 98942-9436 UNEMPLOYMENT INSURANCE -ACTIVE INDUSTRIAL INSURANCE-ACTIVE TAX REGISTRATION -ACTIVE CITY/COUNTY ENDORSEMENTS: YAKIMA GENERAL BUSINESS -NON-RESIDENT (EXPIRES 4/30/2024)-ACTIVE SELAH GENERAL BUSINESS-NON-RESIDENT#1194-ACTIVE LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. REGISTERED TRADE NAMES: YSP CONCESSIONS ids document lists the registration-.,endorsements, and licenses authorized for the business named above.By accepting this dortotnent.the licensee certifies the information on the applicdtiOn /7L9 sroas complete,true,and arc urate to the best of his or her knowledge.and that busnwits will I-•= conducted in compliance with all applicable Washington state,county,and,_it? regulations- •ha,a K t,ria;., STATE OF WASHINGTot6 UBI: 604774654 001 0001 Expires: Jul 31, 2024 YOUTH SPORTS PROGRAMMING UNEMPLOYMENT INSURANCE- LLC ACTIVE YSP CONCESSIONS INDUSTRIAL INSURANCE-ACTIVE 300 E GOODLANDER RD TAX REGISTRATION-ACTIVE SELAH WA 98942-9436 YAKIMA GENERAL BUSINESS- NON-RESIDENT(EXPIRES 4/30/2024) -ACTIVE SELAH GENERAL BUSINESS- NON-RESIDENT#1194-ACTIVE IX. PROPOSER REFERENCES To be completed and submitted under Tab 3. 1) Company Name Ca tr to Y' Po.rK ` 1.,1` y of sj f Q F� Address (include Zip + 4) 36C. t 6.0,5dia.iO'(er Rd Contact Person T-C-F GI asp j e-, Phone No. 1-09s- 7.7 ^- 1 /63 Describe experience with reference T e- -F is my po:vvf (rE co dad . lie ru t4s ILke Mask tiahesi.._ Crew a1 Car/ô Clod is pre "4. evetpy I tDt'WV/ 1Le AaS hand know/P4 o-' how -7'041A My opeVcdit rn . 2) Company Name 7a I'm a Valley 7,or79 Address (include Zip + 4) ,Sp Zd cperis CornP iitx Contact Person 'Ckfky]ifr Phone No. 559-$f -) 71,l Describe experience with reference fIa KN 0 WA -gn, y0 " y ea .5. 145 repo mm er cd Cow.- sr O ($Untl ad works dasoll t" I h Wv0-14. 3) Company Name bev,e(( She ISo n P ReSt wa/ ,/J Address (include Zip + 4) /39S- / °�/d U'4 -h ad< a Contact Person rNeK Syief5jh Phone No. 0)53-3;15-7F9 Describe experience with reference - half ru Pi Co ssT n opera Eons ( ItW5 I &c, G12, /0 t Pugs 12414P Concessionaire Services—Parks Division Page 22 of 37 1 ® DATE(MM/DD/YYYV) ACORN CERTIFICATE OF LIABILITY INSURANCE 4/19/2024 THISERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:CONTACT STEVEN PETERSON STEVEN PETERSON(11947) PHONE FAX No):509-698-3533 104 W NACHES AVE (A/C.No.Ext): 509 698-3525 A STE A E-MAILADDRESS: STEVEN.PETERSON@000NTRYFINANCIAL.COM SELAH,WA 98942-0000 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: COUNTRY Mutual Insurance Company 20990 INSURED 1005791 INSURER B: YOUTH SPORTS PROGRAMMING LLC DBA YSP CONCESSIONS INSURER C: 7808 ALEXANDRIA CT YAKIMA,WA 98908 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRICY EXP TYPE OF INSURANCE ADDLIN SUBRW POLICY NUMBER (M DDY/YYYY) (M EFF LDD/YYYY) LIMITS GENERAL LIABILITY ✓ AB9328934 7/21/2023 7/21/2024 EACH OCCURRENCE $2,000,000 A DAMAGE TO RENTED ✓ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100.000 _ CLAIMS-MADE ✓ OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 71 POLICY JET LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY AB9328934 7/21/2023 7/21/2024 (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ✓ ✓ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) Covered on Gen Liab $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE 1 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) REMARKS: THE CITY OF YAKIMA, ITS AGENTS, EMPLOYEES,AUTHORIZED VOLUNTEERS,ELECTED AND APPOINTED OFFICIALS ARE INCLUDED AS PRIMARY/NON-CONTRIBUTORY ADDITIONAL INSURED. (CONTINUED) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF YAKIMA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PURCHASING DEPARTMENT 129 N 2ND ST AUTHORIZED REPRESENTATIVE YAKIMA,WA 98901 ©1988-2010 A RD C• • •ORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED YOUTH SPORTS PROGRAMMING LLC DBA YSP CONCESSIONS POLICY NUMBER 7808 ALEXANDRIA CT YAKIMA,WA 98908 AB9328934 CARRIER NAIC CODE COUNTRY Mutual Insurance Company 20990 EFFECTIVE DATE:4/19/2024 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE POLICY INFORMATION: HIRED AUTOS LIMIT AND NON-OWNED AUTOS LIMIT ARE INCLUDED IN THE EACH OCCURRENCE LIMIT AND GENERAL AGGREGATE LIMIT OF THE GENERAL LIABILITY ADDITIONAL INSURED(S): CITY OF YAKIMA 120 N 2ND ST YAKIMA,WA 98901 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AB9328934 AIL 10 26 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MULTIPLE INTERESTS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM(S) OWNERS AND CONTRACTORS PROTECTIVE COVERAGE FORM(S) PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM(S) SCHEDULE Name of Person or Organization: An entity listed as an additional insured on a certificate of insurance issued and approved by us during this policy period. A. Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of your operations or premises owned, leased, or rented by you, subject to the following. If the person(s) or organization(s) shown in the Schedule: 1. Is a mortgagee, assignee, or receiver: a. This insurance is limited to its liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance or use of premises you lease or occupy. b. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. 2. Is a manager of premises you lease or is an owner or another interest from whom you have leased land,this insurance is limited to its liability arising out of the ownership, maintenance or use of the premises or land leased to you, and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in that premises or lease the land. b. Structural alterations, new construction or demolition operations performed by or for that person or organization. 3. Has financial control of you, or owns, maintains or controls premises you lease or occupy: a. This insurance is limited to its liability arising out of its financial control of you; or premises it owns, maintains or controls while you lease or occupy these premises. b. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. Includes copyrighted material of Insurance Services Office, Inc.,with its permission, 2012. AIL 10 26 08 13 Page 1 of 4 AB9328934 AIL 10 26 08 13 4. Is a grantor of a franchise to you,this insurance is limited to its liability as a grantor of a franchise to you. 5. Is a concessionaire trading under your name, this insurance is limited to its liability as a concessionaire, trading under your name. 6. Is a co-owner of premises you own, this insurance is limited to its liability as co-owner of the premises you own. 7. Leases equipment to you, this insurance is limited to its liability arising out of the maintenance, operation, or use by you of the equipment leased to you by such person or organization, and is subject to the following additional exclusions: This insurance does not apply to: a. Any"occurrence"that takes place after the equipment lease expires; b. "Bodily injury" or "property damage" arising out of the sole negligence of that person or organization. 8. Is an architect,engineer or surveyor you have engaged,this insurance is limited to its liability for "bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or b. Supervisory, inspection, architectural or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. 9. Is an engineer,architect or surveyor not engaged directly by you but is required to be added as an additional insured on your policy, this insurance is limited to its liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including; a. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or b. Supervisory, inspection, or engineering services. Includes copyrighted material of Insurance Services Office, Inc.,with its permission, 2012. AIL 10 26 08 13 Page 2 of 4 AB9328934 AIL 10 26 08 13 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. 10. Is a person or organization for whom you are performing operations and with whom you have agreed in a written contract or agreement that such person or organization be included as an additional insured on your policy,this insurance is limited to its liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed for that insured. A person's or organization's status as an insured under this paragraph ends when your operations for that insured are completed or the contractor's agreement is terminated. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury"arising out of the rendering of or the failure to render, any professional services by or for you, including; a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or b. Supervisory, inspection, architectural or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused the"bodily injury" or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. 11. Is a state or political subdivision that has issued a permit for operations performed by you or on your behalf, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage", or"personal and advertising injury"arising out of operations performed for the state or political subdivision; or b. "Bodily injury"or"property damage"included within the"products-completed operations hazard". 12. Is a state or political subdivision that has issued a permit in connection with premises you own, rent,or control,this insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. 13. Has an insurable interest in the premises owned by or rented to you,and whose interest is not more specifically described in this endorsement,this insurance is limited to liability arising out of those premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc.,with its permission, 2012. AIL 10 26 08 13 Page 3 of 4 AB9328934 AIL 10 26 08 13 B. The following applies to the additional insureds described in paragraphs A.1. through A.13. above: 1. The insurance afforded to such additional insureds only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Limits Of Insurance (Section II—Liability, item D. Liability And Medical Expense Limits Of Insurance in the Businessowners Coverage Form): If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Nothing contained here varies, alters, or extends any provisions of the policy except as provided in this endorsement. Includes copyrighted material of Insurance Services Office, Inc.,with its permission, 2012. AIL 10 26 08 13 Page 4 of 4