October 20, 2022

The City of Derby, Kansas (hereinafter referred to as the “City”) invites proposals from vendors to provide ballpark concessions at five City of Derby ballparks: Decarsky Park, High Park, Garrett Park, Riley Park and Tanglewood Ballfields. Please carefully review this document. If you are interested in making a proposal consistent with the conditions, instructions, requirements, and specifications contained herein, submit an e-mailed proposal and two hard copies of the Response Form together with a comprehensive proposal in a sealed envelope no later than 5:00 p.m. Tuesday, November 15.

The emailed proposal should be sent to hannahchegwidden@derbyweb.com

The outside of the envelope should be clearly marked with the Proposer’s name and address and identified as “Submission of Proposal— Ballfield Concessionaire”. The sealed envelope should be addressed as follows:

Derby City Clerk

611 N. Mulberry Road, Suite 300

Derby, KS 67037

RFP # 2022-030

All proposals must be valid for 90 days. If submitted by mail, the sealed envelope containing the proposal must be enclosed in another envelope addressed to the City Clerk, 611 N. Mulberry, Suite 300, Derby, Kansas 67037.

It is the sole responsibility of the proposer to see that its response and the appropriate documents are delivered on time. Any response received after the scheduled closing time for receiving proposals will be returned to the proposer unopened and will not be considered. Interested proposers are responsible for checking Derby’s website and acknowledging all addenda in their response.

Proposed pricing for services may be disclosed at a public meeting to receive and to file responses of this solicitation at the City of Derby Board of Bids and Contracts meeting. Other information provided in your response will be considered proprietary and will not be divulged during the proposal review process unless otherwise required by law. Because the services sought will require the expenditure of public funds, part or all of the successful proposal, as well as a resulting contract, will likely be public records within the meaning of the Kansas Open Records Act. Prior to acceptance of a proposal, the information contained in each proposal will be used for evaluating the proposer’s ability to handle the scope of services and will not be shared with persons not involved in the evaluation of proposals unless otherwise required by law.

Steve White

Parks Director

This document is a Request for Proposals. It differs from a Request for Bids/Quotations in that the City is inviting proposals that are most advantageous to Derby, in Derby’s sole discretion for the operation of ball park concession services. This is not a bid/quotation meeting firm specifications for the lowest price, and as such, the lowest price proposed will not guarantee an award recommendation. Competitive Sealed Proposals will be evaluated based upon criteria formulated around the most important features of the service, of which quality, references, availability or capability, may be overriding factors.

Proposal evaluation criteria will be used as standards by which to measure how well a proposer’s approach addresses Derby’s objectives and needs. Criteria that will be considered in evaluating proposals are set forth in this RFP. Derby will thoroughly review all proposals received and may conduct an interview process for top proposals and to further discuss services and pricing. A proposer’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby reserves the right to conduct discussion or negotiation with any proposer regarding any proposal Derby deems competitive. Derby may also request best and final offers from any proposers and make an award or conduct negotiations thereafter. Derby reserves the right to select and recommend for award the proposal which best meets its required objectives and needs, in the sole discretion of Derby.

Questions regarding this document must be submitted in writing to Steve White, Director of Parks, at stevewhite@derbyweb.com

The City of Derby is a fast-growing, progressive community located 10 minutes south of Wichita with a strong reputation as a host for sporting events. In spring 2021 the City opened four new ballfields at its newest facility, Decarsky Park, adding these premiere facilities to the lineup consisting of four other ball complexes at High Park, Garrett Park, Riley Park and the Tanglewood Ballfields. Together, these fields host more than 2,300 games annually. The City contracts with the Derby Recreation Commission for the management and scheduling of its ballfields.

A description of the facilities and what equipment is available in Exhibit A. The City will provide tours of the facilities upon request for proposers on October 27 & 28. Please contact Steve White (SteveWhite@derbyweb.com

Broadly stated, the City is desirous of selecting a contractor responsible for required services associated with all labor, equipment, and materials necessary for the successful operation of five ballfields concession stands throughout 2023and future seasons.

The City of Derby is interested in proposals that will provide quality services at competitive rates. The proposals will be evaluated on experience, quality, price, and turnaround time. The Scope of Services shall, at minimum, include and provide for the following:

1. The Concession Agreement will begin January 1, 2023 with an initial term through December 31, 2023 and an option to automatically extend the contract each year for additional one-year terms unless either party notifies the other in writing by November 1st of any given year of a desire to materially amend or terminate the contract.

2. The Concessionaire must maintain a full-service concession operation during games only according to a schedule mutually agreed upon by the City and/or the Derby Recreation Commission. The concession operation shall be staffed and equipped to meet the needs of park patrons while maximizing revenue.

3. Concessionaire will offer customers food and beverages of first quality and standard quality. Heated consumables may be offered at Decarsky Park, High Park and Garrett Park. Only pre-packaged consumables may be offered for sale at Riley and Tanglewood parks.

4. The Concessionaire may, at its discretion, use any concession equipment currently available at the Parks or, at its own expense, equip the Parks sufficiently to provide patrons of the parks with proper service and a first quality appearance.

5. The selected proposer must meet and comply with all federal, state, and local statutes, laws, and ordinances and all rules and regulations in regard to food preparation and distribution. The selected proposer must display required certifications for food and beverage services at each concession facility.

6. The selected proposer will be responsible for cleaning all service areas inside and outside the concession facility, including tables, chairs and the surrounding area. Concession facilities are required to meet or exceed Health Department and Fire Department requirements.

7. The selected proposer shall comply with all applicable state and local regulations.

8. It will be the selected proposer’s responsibility to ensure that Concession Services are available in conjunction and cooperation with the schedule of games, tournaments and league play as requested by the Derby Recreation Commission. This can and will vary. Communication is provided through the Derby Recreation Commission.

9. All sales transactions shall be processed through an approved point of sale system.

10. The selected proposer will keep accurate account books showing all income received by the concessionaire. The City may audit the books during normal business hours during the period of the contract. A bimonthly report and commission payment will be required and sent to the City by the 10th day of the following month (March and April reporting would be due by May 10). The report will be submitted to the City’s contract manager in a form acceptable to the City. Reporting submitted in November shall include the final bimonthly report and an annual summary of operations.

11. The selected proposer will ensure food and beverage products are available for the ball park community and the general public at a reasonable price and in sufficient quantity.

12. The selected proposer’s proposed menu and pricing structure should be included with the submitted proposal, to be approved by the City. It is understood that the proposed menu selections may not be the final approved items. The City encourages healthy choice menu items but they are not a requirement for selection.

13. The selected proposer shall ensure personnel employed by Concessionaire shall at all times maintain high standards of hygiene and convey an image consistent with the City's standards and values and treat patrons with courteous consideration at all times. In the event such standards are not maintained, in the judgment of the City, the City may demand the removal of any such personnel, and failure to comply with such demand shall be deemed a breach of the Agreement

Anyone submitting a proposal agrees that all data, records and information which proposer, its agents and employees obtain access to, create, and which are the subject of this proposal, remain at all times exclusively the property of Derby. Anyone submitting a proposal also agrees that all such data, records and information constitute, at all times, proprietary information of the City and that proposer will not disclose, provide or make available any such proprietary information in any form to any person or entity.

In addition, anyone submitting a proposal agrees that it will not use any names or addresses contained in such data, records, and information for the purpose of selling or offering for sale any property or service to any person or entity who resides at any such address in such data; that it will not sell, give or otherwise make available to any person or entity any names or addresses contained in or derived from such data, records or information for the purpose of allowing such person to sell or offer for sale any property or service to any person or entity named in such data. Anyone submitting a proposal further agrees that it will take reasonable steps and the same protective precautions to protect Derby’s proprietary information from disclosure to third parties as with the proposer’s own proprietary and confidential information and that all data, regardless of form, that is generated as a result of this RFP is the property of Derby.

This section is provided to assist participating proposers in forming a thorough response for services outlined in this document. Proposals submitted must reflect in detail their inclusion as well as the degree to which they can be provided. The successful proposal shall:

1. Submit the name of the lead person from your firm who will be responsible for managing this work for Derby together with a brief biography detailing experience of said person and general information about proposer’s company.

2. Provide a statement of the respondent's background, experience, and understanding of services required. If available, submit examples of experience with similar projects for municipal governments, including contact information.

3. Submit a statement describing the proposer’s present and projected workload, staffing, and ability to provide prompt, quality services at competitive rates.

4. Disclose all fees or other compensation to be paid to or on behalf of the proposer by Derby for services and/or goods provided.

5. Submit a statement disclosing any current, pending, or potential disciplinary action or complaint(s) or other like proceedings, including any claims in arbitration, mediation, or litigation, against the firm, entity, or any partner or associate of your firm or team.

6. Disclose any actual or potential conflicts of interest with the City, its officers, elected officials, agents or employees.

7. Conform to the requirement to maintain strict confidentiality about all matters of this project.

8. Describe any partnerships with any organizations/subcontractors/suppliers that will play a role in this project.

9. Identify at least three (3) references including the organization/business, address, contact person, phone number, date of services, and scope of services, unless your firm has prior experience working with the city.

10. Provide a copy of your certificate of insurance verifying commercial general, automobile liability, and workers’ compensation insurance coverage with minimum policy limits as detailed in this RFP. The coverage must be maintained and carried in force for the duration of the contract.

11. Any additional information believed necessary to assist the City in evaluating your proposal may also be submitted.

12. Provide response with requested detail per Section 3 of this RFP together with the proposal response form.

The following dates are provided to assist interested firms in planning participation in the project described herein. The dates listed, however, are in no way guaranteed and are subject to change without notice.

Issue Request for Proposals ............................................................................ October 20, 2022

Tour Dates ................................................................................................. October 27-28, 2022

Questions Due………………………………………………….…. .. Noon, November 1, 2022

Addendums Posted to City Website…………………………. 5:00 p.m., November 8, 2022

Proposals due ............................................................................ 5:00 p.m., November 15, 2022

The selection process will be based on responses to this RFP, verification of references and any interviews required to verify the ability of proposer to provide services in response to this document.

The Director of Parks will designate an individual or committee to review all proposals and make a recommendation to the City Manager and/or City Council in accordance with Derby policies.

Representatives of Derby will evaluate each proposal based on the following criteria:

1. Demonstrating clearly and completely, your firm’s ability to meet all RFP conditions, Minimum Specifications, and miscellaneous instructions as outlined herein;

2. Demonstrating the skill and experience necessary to meet Derby’s needs;

3. Meeting mandatory requirements as outlined herein;

4. Proposing services described herein with the most advantageous and prudent methodology and cost to Derby;

5. Providing references reflecting projects having a scope of services similar to those requested by Derby within the last three years (include location, contact person, telephone number, length of contract, and any other pertinent information related to this type of project); and

6. Provision of a certificate of insurance by the successful proposer evidencing insurance coverage for all work and services to be performed as part of the contract award in amounts not less than the following:

Comprehensive General Liability Coverage: $1,000,000 Each Occurrence

$1,000,000 Personal & Adv Injury

$2,000,000 General Aggregate

$2,000,000 Products Completed/ Operations Aggregate

Automobile Liability $1,000,000 Combined Single Limit

Workers Compensation Workers’ Compensation—Statutory

$500,000 Each Accident

$500,000 Disease-Policy Limit

$500,000-Each Employee

The above amounts are the minimum insurance requirements necessary to comply with the submission requirements for this RFP and may be achieved through the use of an umbrella or excess coverage policy. If the above coverage is not able to be met, please submit a statement of explanation for any unmet requirements. Said certificate of insurance shall be written by a reputable insurance carrier approved by Derby and the final certificate will name Derby as an additional insured on general liability and automobile liability coverages.

NO NEGOTIATIONS, DECISIONS OR ACTIONS SHALL BE INITIATED BY ANY FIRM OR PROPOSER AS A RESULT OF ANY VERBAL DISCUSSION WITH ANYONE, INCLUDING CITY EMPLOYEES, PRIOR TO COMPLETION OF THE RFP PROCESS.

Derby reserves the right to select the proposal which best meets, in its sole discretion, its required needs, budget constraints, quality levels, and administrative expectations. Derby also reserves the right to select one or more firms to accomplish this task or to reject all proposals.

The contract form will be provided by the City and will be in a format similar to Exhibit B attached to this RFP.

In submitting a response to this RFP, proposer hereby understands and acknowledges the following:

1. Any response not received by the City prior to the deadline date and time will not be considered.

2. Derby reserves the right to:

a. Cancel the RFP process or the work described herein prior to issuance and acceptance of any final agreement even if the Derby City Council has formally accepted a recommendation and authorized execution of an agreement;

b. Accept or reject any and all responses;

c. Request additional information or clarification from those submitting responses and allow corrections to errors and omissions. Clarifications to a proposer’s response shall be signed by an officer of the proposer authorized to commit the proposer to all terms and conditions contained in the response;

d. Disregard responses that do not meet the stated requirements as determined by Derby. Responses which are non-responsive, conditional or not in compliance with the information requested in this RFP will be disqualified unless Derby waives such non-compliance;

e. Waive any technicalities or irregularities involving any response, including noncompliance;

f. Select the proposer that will best meet the needs of Derby; and

g. Negotiate with the proposer submitting the best response to obtain an eventual agreement to provide the requested services.

3. Derby will not pay for any information requested herein, nor is it liable for any costs incurred by those submitting proposals.

4. All responses and related information submitted in response to the RFP will become the property of Derby and will not be returned. Each proposer submitting a response waives any right of confidentiality to the proposal documents. If a proposer submitting a proposal considers certain material in the response to be proprietary information, it should clearly designate those portions of the response it wishes to remain confidential. As a public entity, Derby is subject to making records available for public disclosure as required by law. Derby will make reasonable attempts to maintain the confidentiality of material marked proprietary; however, it cannot guarantee information will not be made public.

5. By submission of a response, each proposer certifies that:

a. The proposer has not paid nor agreed to pay any person, other than a bona fide employee or subcontractor, a fee or a brokerage commission resulting from award of the contract.

b. Derby may, by written notice, cancel any award under this RFP if it is found by Derby that gratuities in the form of entertainment, gifts or otherwise were offered or given to any representative of Derby with a view toward securing the award of a contract or other favorable treatment with respect to this RFP.

6. Derby reserves the right to make any agreements subject to the provisions of the Kansas Cash Basis Law (K.S.A. 10-1112 and 10-1113) and the Kansas Budget Law (K.S.A. 79-2935). Agreements shall be construed and interpreted so as to ensure that Derby shall at all times stay in conformity with such laws, and as a condition of agreements, Derby reserves the right to unilaterally sever, modify, or terminate agreements at any time, if in the opinion of its legal counsel the Agreement may be deemed to violate the terms of such law(s).

7. All project participants, consultants, and contractors must comply with applicable Federal, State, County, and local municipal laws pertaining to contracts entered into by governmental agencies, including non-discrimination in employment, the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.), the provisions of K.S.A. 44-1030, and the following terms:

a. The successful proposer will observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under this project because of race, religion, color, sex, disability, national origin, or ancestry;

b. In all solicitations or advertisements for employees, the successful proposer shall include the phrase “Equal Opportunity Employer,” or a similar phrase to be approved by the Kansas Human Rights Commission;

c. If the proposer fails to comply with the manner in which it reports to the Kansas Human Rights Commission in accordance with state law, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby.

d. If the proposer is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the Kansas Human Rights Commission which has become final, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby; and

e. The successful proposer will include the provisions of the above subsections (a) through (d), inclusive, of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor or contractor.

8. Alternate proposals (two or more proposals submitted) will be considered for an award. Derby reserves the right to make the final determination of actual equivalency or suitability of such proposals with respect to requirements outlined herein.

9. Derby may award a contract based on initial offers received without discussion of such offers. A vendor’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby may however have discussion with those vendors that it deems, in its discretion, to fall within a competitive range. Derby may also request best and final offers from such proposers and make an award and/or conduct negotiations thereafter.

10. Prices proposed may not be withdrawn for a period of 90 days immediately following the opening of proposals. Prices MUST be free of federal, state, and local taxes unless otherwise imposed by a governmental body.

11. Derby interprets “lowest responsible proposer” as requiring Derby to (a) choose between the kinds of materials, goods, wares, or services subject to the proposal, and (b) determine which proposal is most suitable for its intended use or purpose and maintenance costs of items upon which proposals are received. Derby can determine any differences or variations in the quality or character of the material, goods, wares, or services performed or provided by the respective proposers.

12. All requested information must be supplied. If you cannot respond to any part of this request, state the reason you cannot respond. You may provide supplemental information, if necessary, to assist Derby in analyzing your proposal.

13. After the award, if the successful proposer refuses or fails to provide the services within the times specified in the RFP proposal or contractual agreement, Derby may, by written notice, terminate the award and contract.

Company: _______________________________________________

Proposal Submitted by: _____________________________________

Name / Title

Address: ________________________________________________

City/State/Zip: ____________________________________________

Phone: __________________________

Email: ___________________________

Taxpayer I.D. Number: _____________________________________

1. Attach proposed menu selections and pricing.

2. Propose commission structure (if different than structure outlined in Exhibit B)

3. Attach certificate of insurance demonstrating required coverage and explanations of any unmet coverage requirements.

4. Provide locations, contact names, phone numbers and e-mail addresses for three references:

a. ___________________________________________________________________

b. ___________________________________________________________________

c. ___________________________________________________________________

In submitting this proposal, the undersigned, on behalf of proposer acknowledges every section of this RFP document including all requirements, terms, conditions, sections, and addenda. Proposal submission format should be by order in which document is outlined. Exceptions to any part of this document and any attachments should be clearly delineated and detailed throughout the proposal.

The undersigned, on behalf of the proposer, certifies that: (1) this proposal is submitted without previous understanding, agreement or connection with any person, team, corporation, or entity making a proposal on the same project; (2) this proposal is submitted without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the firm, entity, or team in whose name the proposal is entered; (4) the signer has read the complete RFP and understands all provisions, including addenda, contained therein; (5) the proposer will enter into a contract with Derby if its proposal is accepted by Derby, either as submitted or as it may later be modified; (6) Derby may rely on the proposal to be free of mathematical or other errors and omissions; and (7) mistakes in writing of the submitted proposal will be the responsibility of the undersigned.

Authorized Signature: ______________________________________________

Printed Name & Title: ______________________________________________

Date: _____________________________

EXHIBIT A: Concessions Equipment Inventory: 1/28/2021

Tanglewood: Pepsi cooler, refrigerator, microwave, hot dog machine/bun warmer, and nacho cheese dispenser.

Riley Park: Refrigerator, microwave.

Garrett Park: Refrigerator, microwave.

Decarsky Park: Display refrigerator, Ice machine, Ice cream freezer, popcorn machine, quick eats warmer, cheese warmer

High Park: Cheese warmer, snow cone maker, warmer, ice cream freezer, stand up freezer, Pepsi refrigerator. Hot water warmer. Pepsi fountain machine is Pepsi’s. CO2 bottles are Molly’s.

EXHIBIT B - Current Contract

VIEW BID INFORMATION