Using the RFP (CARNIVAL SERVICES), answer the four questions below in detail. Submit this assessment as one comprehensive document of no less than 500 words.

UNIT 3 ASSESS Project description Using the RFP (CARNIVAL SERVICES), answer the four questions below in detail. Submit this assessment as one comprehensive document of no less than 500 words. 1. Put together a list of labor, materials, supplies and contingency funding that is required for your selected RFP. Create a basic budget for your project. Since the project is fictitious and the RFP may not contain all details, some of this information will have to be created. This can be a table inserted into the MS Word document or an excel spreadsheet copied and pasted. 2. What contract and procurement methods (i.e. competitive, non-competitive) do you feel are appropriate to solicit goods and services for your project? (Hint- Chapter 6 in the textbook outlines some of the major methods.) Justify your selection. You can use more than one method depending on the needs of your project. 3. What criteria will you use in vendor selection? List at least three criteria you will use to make your final selections once you decided on the contract procurement method(s) you will use. C O U N T Y O F S P O K A N E SPOKANE COUNTY PURCHASING DEPARTMENT REQUEST FOR PROPOSAL NO. 98-078 February 20, 1998 Carnival Services , Spokane County Interstate Fair Submittals from minority, women and disadvantaged business enterprises are encouraged SUBMITTAL DEADLINE SUBMIT SUBMIT TO 5:00 P.M. Local, Friday March 6, 1998 Original plus five (5) duplicate copies Spokane County Purchasing Department 721 N. Jefferson, Suite 303 Spokane, WA 99260 Questions should be directed to: Administrative - Rondy Green, Buyer, Spokane County Purchasing (509) 456-2303 Technical - Iris Hughes, Fair Business Operations Manager, (509) 535-1766 Approved By: Donald L. LaBrecque Director of Purchasing Date TABLE OF CONTENTS SECTION DESCRIPTION PAGE -i- 1 - REQUEST FOR PROPOSAL .......................................................................................................................................... 1 SERVICE DESIRED ................................................................................................................................................ 1 CONTRACT TERM ................................................................................................................................................. 1 FAIR DATES ............................................................................................................................................................ 1 SELECTION PROCESS .......................................................................................................................................... 1 INTERVIEWS .......................................................................................................................................................... 1 SELECTION SCHEDULE ....................................................................................................................................... 1 SELECTION COMMITTEE .................................................................................................................................... 1 SUBMITTAL ............................................................................................................................................................ 2 SUBMITTAL CONTENTS ...................................................................................................................................... 2 SUBMITTAL DEADLINE ....................................................................................................................................... 2 SUBMITTAL REJECTION ..................................................................................................................................... 2 SUBMITTAL FORMAT AND BINDING ................................................................................................................ 2 2 - THE WORK AND SERVICES ........................................................................................................................................ 3 BACKGROUND AND GENERAL INFORMATION ............................................................................................. 3 SCOPE OF WORK ................................................................................................................................................... 3 LICENSE .................................................................................................................................................................. 4 SPECIFICATIONS ................................................................................................................................................... 4 TICKET SELLERS .................................................................................................................................................. 5 SAFETY ................................................................................................................................................................... 5 UTILITIES ................................................................................................................................................................ 5 3 - GENERAL CONDITIONS .............................................................................................................................................. 6 AWARD ................................................................................................................................................................... 6 CANCELLATION OF AWARD ............................................................................................................................... 6 CONTRACT ............................................................................................................................................................. 6 CONTRACT RENEWAL ......................................................................................................................................... 6 CONTRACT TERMINATION ................................................................................................................................ 6 INSURANCE ............................................................................................................................................................ 6 LAWS, ORDINANCES, PERMITS, LICENSES ..................................................................................................... 8 SUBCONTRACTING .............................................................................................................................................. 8 MAINTENANCE OF RECORDS ............................................................................................................................. 8 PRICE DETERMINATION ..................................................................................................................................... 8 ADDENDA ............................................................................................................................................................... 8 USE OF PROCESS ................................................................................................................................................... 8 AUTHORSHIP ......................................................................................................................................................... 8 CONFIDENTIALITY ............................................................................................................................................... 8 ANTI-KICKBACK ................................................................................................................................................... 9 REPRESENTATION ................................................................................................................................................ 9 4 - CONTENTS OF REQUEST FOR PROPOSAL ............................................................................................................. 10 PART 1 - PROPOSAL SUMMARY AND COVER SHEET .................................................................................. 10 PART 2 - RECEIPT OF ADDENDA ...................................................................................................................... 11 PART 3 - ADMINISTRATIVE INFORMATION .................................................................................................. 11 PART 4 - CONTRACTOR QUALIFICATION STATEMENT ............................................................................. 12 PART 5 - SPECIFICATION COMPLIANCE QUESTIONNAIRE ........................................................................ 13 TABLE OF CONTENTS SECTION DESCRIPTION PAGE -ii- PART 6 - PAYMENT OFFER ............................................................................................................................... 14 PART 7 - OTHER ................................................................................................................................................... 15 ATTACHMENT A - EVALUATION CRITERIA AND WEIGHTS .................................................................................. 16 ATTACHMENT B - SAMPLE AGREEMENT ................................................................................................................... 17 TABLE OF CONTENTS SECTION DESCRIPTION PAGE -iiiFebruary 20, 1998 Request For Proposal 98-078 Page 1 of 24 SECTION 1 - REQUEST FOR PROPOSAL SERVICE DESIRED: Request For Proposal (RFP) 98-078 is to obtain the services of a Contractor for an annual contract to provide carnival services for the Spokane Interstate Fair including, at a minimum, a fully operational carnival with rides, shows, game concessions, novelty concessions, and a maximum of 5 food concession units. CONTRACT TERM: The term of a contract resulting from this RFQ will commence on the date of execution by the Parties and run through midnight December 31, 1998 and may be extended a maximum of four (4) additional times, in one year increments, for a total possible Contract life of 5 years. It will be the sole option of the County to extend an offer to renew a Contract for an additional one year term. Subsequent term periods would run from January 1 through midnight December 31. FAIR DATES: The fair dates for 1998 have been set for September 11th through 20th, 1998 SELECTION PROCESS: A recommendation committee will rank all proper submittals based on the attached weighted evaluation criteria set forth in this packet. From these rankings either a recommendation to select the best firm based upon qualifications and price will be made or a “short list” of leading candidates will be developed for the purpose of interviews. Spokane County reserves the right to select a firm based solely on the written response to the evaluation criteria. Spokane County will be the sole judge of the best qualified firm. Only complete submittals will be evaluated. Proposers may or may not be interviewed and the County reserves the right to conduct interviews at its sole option. INTERVIEWS: Interviews will be held at the sole option of the County. If interviews are conducted for short listed candidates, firms should plan to have key personnel on their teams who will be assigned to work on the proposed project. Short listed firms may be asked to provide supplemental or additional information for review by the Committee prior to the conduct of the interviews. Previous clients may be contacted as part of the evaluation process. Committee members will again use the weighted evaluation criteria to evaluate interview information and submit their recommendation for selection to the Board of County Commissioners for approval. SELECTION SCHEDULE: The following dates are based upon initial planning and should be considered tentative. 1. Evaluate proposals beginning the week of March 9, 1998 2. Interview finalists beginning the week of March 16, 1998 3. Selection of the successful firm by Board of County Commissioners the week of March 23, 1998 SELECTION COMMITTEE: The committee will be interested in learning how you have provided services of this type and how you might handle this work. Structure your responses to make it easy for them to evaluate your professional capabilities and experience. Typically committees try to review all presentations at one sitting in order to facilitate continuity which helps improve the consistency of the individual scoring. Due to the number of firms that usually respond and a limited amount of time available for review, the committees have typically allocated approximately 25 minutes to study each submittal therefore it is strongly recommended that you be concise and to the point. Unnecessarily elaborate responses beyond that sufficient to present a complete and effective response are not desired and may be construed as an indication of the offeror's lack of cost consciousness. Unless specifically requested in the RFP, elaborate art work, corporate brochures, lengthy narratives, expensive paper, specialized binding, and other extraneous presentation materials are neither necessary nor desired. SUBMITTAL: Submit response in six (6) copies (original and 5 copies). Responses shall be sealed in an opaque February 20, 1998 Request For Proposal 98-078 Page 2 of 24 envelope or package which has been clearly marked in the upper left corner with the words "Request For Proposal" followed by the firm name and address. In the lower left corner of the envelope or package write out the project number, submittal date, and project title. SUBMITTAL CONTENTS: The submittal response consists of the items listed in the “Contents Of Request for Proposal” Section. Any material submitted for consideration must be incorporated in each response copy. A single set of material will not be reviewed. Submissions will become part of the official records for this request for proposal and cannot be returned. SUBMITTAL DEADLINE: It is the sole responsibility of the respondent to ensure that their submittal is in the possession of the Spokane County Purchasing Department by the appointed date and time. Spokane County shall assume no responsibility for any delay in U.S., County, or any other mail service resulting in a submittal being received late by the Purchasing Department. SUBMITTAL REJECTION: Spokane County reserves the right to reject any or all Proposals, portions or parts thereof and to waive all minor irregularities. Special attention will be directed to the qualifications of the Contractor when considering awarding a contract. SUBMITTAL FORMAT AND BINDING: Page size should be 8½" x 11". Type size for text should be at least 10- points. Data submitted should be bound in a single document. Please do not submit in 3 ring binder. Bulk must be kept to an absolute minimum. February 20, 1998 Request For Proposal 98-078 Page 3 of 24 SECTION 2 - THE WORK AND SERVICES 1. BACKGROUND AND GENERAL INFORMATION: A. Fair dates and times: 1. Dates: September 11th through 20th, 1998 2. Times: Each day, the Fair gates open at 8:30 a.m., buildings and outside booths open at 10:00 a.m. The buildings close between 10:00 and 10:30 p.m., and the carnival remains open as noted below. B. Past Attendance And Gross Carnival Revenue: Fair Year Attendance Type *Carnival Total Paid Gross Revenue 1994 287,381 177,434 $463,286 1995 284,694 169,620 $474,000 1996 280,711 164,275 $489,897 1997 262,182 180,730 $415,707 * Less B & O taxes and insurance C. Fair program goals: Major Fair program goals include: 1. To develop promotions to expand the Fair attendance to its greatest potential. 2. To provide quality entertainment that epitomizes the positive family experience that is traditional with the Spokane Interstate Fair. 3. Increase Fair attendance to 287,000. 4. Enhancing a positive image of the Fair. 5. Highlight Fair improvements, additions, etc. 6. Generate positive news coverage. 2. SCOPE OF WORK: To provide carnival services for the Spokane Interstate Fair including, at a minimum, a fully operational carnival with rides, shows, game concessions, novelty concessions, and a maximum of 5 food concessions. A. Hours of operation. The carnival will be in operation between the hours as listed in the specifications. B. Rides and concessions 1. Carnival rides 2. Shows 3. Game concessions 4. Novelty concessions 5. Food concessions (the Contractor will be limited to a maximum of 5 food concession units) C. Payment to the county for carnival services shall be made before September 30, 1998. Gross receipts do not include applicable taxes and insurance fees. D. Contractor shall provide personnel and management expertise. February 20, 1998 Request For Proposal 98-078 Page 4 of 24 1. Contractor will assure that appropriate practices and policies are used to ensure professional personnel actions during execution of the contract. 2. Contractor shall operate in a matter that enhances the fair in the eyes of it's patrons. E. Contractor shall provide expertise and content of promotional programs. 1. Programs shall fit into theme and goals of the fair. 2. Programs shall be designed to increase attendance and acceptance of fair in area it represents. F. Contractor shall demonstrate a high degree of experience and performance during the term of contract period. 1. All games, rides, shows and attractions shall open on time. 2. There shall be limited, if any, down time for any rides, games, shows or concessions. 3. A clean and exceptional appearance of operation shall be maintained. All employees will wear clean uniforms which make them easily identifiable. 4. Professional techniques in all posting of signage shall be used. G. Contractor shall at all times make safety it's number one concern. At all times during the contract period, care shall be used that is reasonable and prudent to ensure safety of all concerned. H. The County may, by Change Order(s), add or delete services as it may deem advisable. 3. LICENSE: Commencing on the first day of the Fair, through the last day of the Fair as shown above, inclusive, the County grants to the Contractor a license to use that portion of the Interstate Fairgrounds designated by the County, hereinafter referred to as the "Premises", for use by the Contractor to provide the services set forth hereinafter, for the purpose of providing quality shows, rides and concessions, provided that the following specifications are met by the Contractor within the time frames shown in the specifications. 4. SPECIFICATIONS: A. All fees, fares, admissions, hours of operation and prices charged by the Contractor on the Premises shall be subject to prior approval by the County. B. Prior to July 1, 1998, the Contractor shall submit a detailed plan of space allocation, including all rides, attractions, novelties and food concession booths and showing their proposed placements within the Premises. The County shall approve the plan, with modifications, if applicable, by July 15, 1998. C. Each employee of the Contractor having contact with the Fair-going public shall be in uniform at all times. Such uniform shall be agreed upon by the County and the Contractor prior to opening day of the Fair. D. The Premises area will be cleaned daily prior to opening the carnival ride, attraction, novelty and food concession area. E. The Contractor's employees shall camp overnight and utilize shower, laundry and rest room facilities only in those areas designated by the County prior to commencement of the Fair. The Contractor shall keep the shower and laundry area in a clean and sanitary condition. F. No overnight camping will be permitted in public parking areas. G. Parking of trucks not needed on site will be parked in areas designated by the County for such purpose, between the dates of the first and last day (inclusive) of the Fair as listed above. February 20, 1998 Request For Proposal 98-078 Page 5 of 24 H. The Contractor shall operate the rides, concessions, games and show during the following hours: Week Days: 3:00 P.M. to 10:00 P.M. Week Ends: 12:00 Noon to 11:00 Midnight I. The Premises shall be available to the Contractor commencing on the first Tuesday after Labor Day to set up the rides, booths and concessions. The County will provide the Contractor with a key to the gate on Broadway Avenue. The gate shall be kept locked at all times. The Contractor agrees to remove all equipment and buildings within five (5) working days after the conclusion of the Fair. The Contractor will additionally clean the Premises and leave the Premises in as good a condition as found, free and clear of debris. J. The Contractor agrees to provide two (2) one-price days for rides, to be coordinated with the County. The prices charged and the promotion of such days shall be coordinated between the Contractor and the County. 5. TICKET SELLERS: A. The County shall have the option to provide ticket sellers and/or ticket takers for carnival events. The County will notify the Contractor whether or not this option will be exercised prior to August 15, 1998. B. All carnival attendance and ticket information shall be available to the County at all reasonable times. 6. SAFETY: A. The Contractor further agrees to abide by all recommendations made by the Spokane County Safety/Loss Control Department. B. All rides and concessions must have be inspected and approved by the Washington State Department of Labor And Industries prior to the opening of the Fair. Proof of approval must be provided to the County Risk Manager. 7. UTILITIES: A. The Contractor shall furnish its own electrical power at no expense to the County. B. The County will provide water to the Contractor in reasonable quantities for domestic use only. February 20, 1998 Request For Proposal 98-078 Page 6 of 24 SECTION 3 - GENERAL CONDITIONS AWARD: A resolution by the Spokane County Board Of County Commissioners selecting a firm to perform the work of this RFP is not intended nor will it in any way be construed or considered to be a contract or an exclusive guarantee to furnish services associated with this project or any other work suitable to a firm of its type. Any contract awarded will be nonexclusive and if it be in the County's best interest it may award work to other firms. Any contracts resulting from this request for proposal will be between the County and the provider of services and may be canceled upon written notification by the County. No work will be undertaken without a contract being executed between the County and the firm. A contract award will not be final until the County and prospective Contractor have executed a written Agreement. Spokane County is not responsible for any costs incurred prior to the effective date of the contract. Spokane County reserves the right to make an award without further negotiation of the proposal submitted therefore the proposal should be submitted in final form from a budgetary, technical, and programmatic standpoint. CANCELLATION OF AWARD: Spokane County reserves the right to immediately cancel an award if the Agreement has not been entered into by both parties or if new regulations or policy makes it necessary to change the program purpose or content, discontinue such programs, or impose funding reductions. In those cases where negotiation of contract activities are necessary, Spokane County reserves the right to limit the period of negotiation to thirty (30) days after which time funds may be de-obligated. CONTRACT: An Agreement for services will be negotiated between the County and the most competitive Contractor. If an Agreement cannot be reached with the selected Contractor, the next "most competitive" Contractor will be contacted for contract negotiation. The service provider selected as most competitive may be required to supply technical or other information to the County during negotiations. Spokane County will endeavor to treat such information supplied as confidential, if identified as such in writing, subject to the public disclosure requirements of RCW Chapter 42.17. CONTRACT RENEWAL: If the County offers to extend a contract for an additional term it will be contingent upon County acceptance of a fee proposal and ride and concessions plan. The County shall begin negotiations with the Contractor approximately ninety (90) days before the end of the current term. If agreement cannot be reached sixty (60) days before the end of the then current term the contract will be allowed to expire. Prior to a renewal option, the Contractor may request adjustments to the County revenue schedule established in the original proposal. A request must be made in writing to the County ninety (90) days prior to the end of the Contract term. The County reserves the sole right to accept or reject a request for adjustments. Any adjustment request must be documented to the satisfaction of the County. Failure to agree on a price within sixty (60) days of the end of the term shall result in the contract not being renewed. CONTRACT TERMINATION: The County reserves the right to terminate an Agreement for any reason upon five (5) day written notice. In the event of termination, through no fault of the Contractor, the Contractor agrees to pay the County for all services performed through the date of termination. There will be no compensation for lost profits. INSURANCE: The County will require the Contractor to furnish certain minimum insurance coverages. Spokane County will not limit the consultant's liability for damages, sustained by the County or by third parties, for which the County is not at fault. The successful bidder shall provide an insurance policy(ies) with coverages that meet all terms and conditions of the February 20, 1998 Request For Proposal 98-078 Page 7 of 24 contract bid and/or award. Following is a list of requirements for this project. Any exclusions must be pre approved by the Spokane County Risk Manager. The successful bidder (contractor) shall provide, maintain and pay for general commercial liability and property damage insurance from an insurance company or companies approved by Spokane County and licensed in the state of Washington at all times during the term of this Agreement. Said insurance will meet the minimum Best "A-" rating standard and shall protect against claims for personal injuries, including accidental death, as well as claims for property damage which may arise from any act or omission of the Contractor or Subcontractor(s), or by anyone directly or indirectly employed by either of them. The policy (policies) of insurance shall specifically name Spokane County, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement, as an additional insured for all coverages provided. Language such as the following should be used "SPOKANE COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NO. 98-078" A. REQUIRED COVERAGES: The insurance shall provide the minimum coverages set forth below, all coverages, $5,000,000 per occurrence, with no deductible. 1. Extended Bodily Injury 2. Employees as Additional Insured 3. Premises/Operations Liability (M&C) 4. Owners and Contractors Protective Liability 5. Products and Completed Operations Liability (through guarantee period) 6. Blanket Contractual Liability 7. Broad Form Property Damage Liability 8. Personal Injury, including coverages A, B, C, with no employee exclusion 9. Stop Gap or Employers Contingent Liability 10. Automobile Liability, including coverage for owned, non-owned, leased or hired vehicles or "any auto". 11. Other additional coverages that may be required will be listed in the provision of the Agreement. Providing coverages in the above amounts shall not be construed to relieve the Contractor from liability in excess of such limits. B. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a COPY OF INSURANCE CERTIFICATE of Comprehensive General Liability Insurance, meeting the requirements set forth above, has been approved by the County Risk Manager and filed with the Purchasing Department. Said proof of insurance should be mailed to the Spokane County Purchasing Department ATTN: Project No. 98-078. Upon request, the Contractor shall submit to the Purchasing Department the original policy, or endorsement obtained, to the Contractor's policy currently in force within 2 days of request by the County. The policy or policies of insurance shall not be canceled, materially altered, or renewed without thirty (30) days prior notice submitted to the Purchasing Department. C. FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the Agreement shall be considered a material breach of contract and cause for immediate termination of the Agreement at the County's discretion. Alternatively the County may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The County may offset the cost of such insurance against payment due to the Contractor under this Agreement. D. ENDORSEMENTS: SPOKANE COUNTY will be a named additional insured for all coverages provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Wording such as the following should be used "Spokane County as additional insured with respects to project number 98-078. February 20, 1998 Request For Proposal 98-078 Page 8 of 24 LAWS, ORDINANCES, PERMITS, LICENSES: The Contractor must comply with all County, State and Federal ordinances, laws and regulations including O.S.H.A - W.I.S.H.A., to the extent that they may have any bearing on the terms of this Agreement or the shows, rides and concessions provided under the terms of this Agreement. The Contractor is solely responsible to secure any and all applicable permits, licenses or permissions necessary for legal operation. Those items requiring the County to obtain or assist will be at the sole expense of the Contractor. SUBCONTRACTING: No activities or services included as part of this proposal may be subcontracted to another organization, firm, or individual without the approval of Spokane County. Such intent to subcontract should be clearly identified in the proposal. It is understood that the Contractor is responsible for the satisfactory accomplishment of the service or activities included in a subcontract. MAINTENANCE OF RECORDS: The Contractor will make available to Spokane County or the Washington State Auditor or their duly authorized representatives, at any time during their normal operating hours, all records, books or pertinent information which the Contractor shall have kept in conjunction with this Agreement and which the County may be required by law to include or make part of its auditing procedures, an audit trail or which may be required for the purpose of funding the services contracted for herein. In addition, auditing or monitoring for fund accountability, contract compliance, and program performance will be conducted at the discretion of Spokane County. PRICE DETERMINATION: The prospective Contractor guarantees that, in connection with this proposal, the prices and/or cost data have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition. This does not preclude or impede the formation of a consortium of companies and/or agencies for purposes of engaging in jointly sponsored programs. ADDENDA: Only those clarifications or interpretations of the documents that have been issued by written addenda by the Spokane County Purchasing Department will be official. Clarifications given during the submittal process by Spokane County to respondent's questions will be considered informal and unofficial. The county shall not be held responsible for oral interpretations. Should any apparent discrepancies, omissions, or doubt as to meaning be found in the document the respondent shall at once notify the person listed above in writing. USE OF PROCESS: The County reserves the right to utilize the request for proposal process, for any reason whatsoever, to contract for work regardless of project size, type or estimated fee value. LIMITATIONS: This RFP does not commit Spokane County to award a contract, to pay any costs incurred in the preparation of a response to this RFP or for interviews if they be held, or to procure or contract for services or supplies. Spokane County reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with all qualified sources, to waive formalities, to postpone award, or to cancel in part or in its entirety this RFP if it is in the best interest of Spokane County. AUTHORSHIP: Applicants must identify any assistance provided by agencies or individuals outside the proposer's own organization in preparing the proposal. No contingent fees for such assistance will be allowed to be paid under any contract resulting from this RFP. All proposals submitted become the property of Spokane County. It is understood and agreed that the prospective Contractor claims no proprietary rights to the ideas and written materials contained in or attached to the proposal submitted. CONFIDENTIALITY: The firm selected may be required to supply price, technical or other information to the County during contract negotiations. Spokane County will endeavor to treat such information supplied as confidential, if identified as such in writing, subject to the public disclosure requirements of RCW Chapter 42.17. ANTI-KICKBACK: No officer or employee of the County, having the power or duty to perform an official act or action related to this submittal, shall have or acquire any interest in this submittal, or have solicited, accepted or granted a present or future gift, favor, service, or other thing of value from or to any person involved in this submittal. February 20, 1998 Request For Proposal 98-078 Page 9 of 24 REPRESENTATION: In submitting its Proposal the Contractor represents that it has read and understands the proposal documents, that it has visited the site and or is familiarized itself with the local conditions under which the work is to be performed, that by signature of this proposal it is deemed to have acknowledged all requirements and signed all certificates contained herein. INTERPRETATION: Should any discrepancies or omissions be found in the bid specifications, or doubt as to its meaning, bidder shall at once notify the Spokane County Director of Purchasing in writing. The Director of Purchasing will send written instruction or addenda as required to all interested parties. The County shall not be responsible for oral interpretations. All Addenda issued shall be incorporated into the contract. February 20, 1998 Request For Proposal 98-078 Page 10 of 24 SECTION 4 - CONTENTS OF REQUEST FOR PROPOSAL To ease proposal identification please make the first sheet of the submittal the completed Part 1 “Proposal Summary And Cover Sheet” immediately followed by completed Parts 2, 3, 4, 5, 6 and 7. Use continuation sheets as necessary indexed to the part to which it is responding. PART 1 - PROPOSAL SUMMARY AND COVER SHEET 1. General Information A. Legal Name of Applicant Agency B. Name of Contact Person Title 2. Does Contractor receive commission from rides, shows, game concessions, novelty concessions, and food concessions? YES NO If "Yes", which activity and what mount or percentage? 3. Did outside individuals/agencies assist with preparation of this program? YES NO If "Yes", please describe: I certify that to the best of my knowledge and belief the information contained in this proposal is accurate and complete and that I have the legal authority to commit this agency to a contractual agreement. I realize the final funding for any service is based upon funding levels, and the approval of the Spokane County Board of Commissioners. Signature, Administrator, or Applicant Agency Date print name and title February 20, 1998 Request For Proposal 98-078 Page 11 of 24 PART 2 - RECEIPT OF ADDENDA: All official clarifications or interpretations of the proposal documents will be by written addenda only. Contractor acknowledges receipt of the following addenda if any: Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated PART 3 - ADMINISTRATIVE INFORMATION 1. Contractor: a. Name of Contractor: b. Address: c. Telephone number: d. Fax number: e. Federal Tax Identification Number: f. State sales tax number: 2. Insurance: a. Name of Insurance Company: b. Name of Insurance Agent: c. Address: d. Telephone number: e. Fax number: February 20, 1998 Request For Proposal 98-078 Page 12 of 24 PART 4 - CONTRACTOR QUALIFICATION STATEMENT: The following statements of experience, personnel, and general qualifications of the Contractor are submitted with the assurance that the owner can rely on its accuracy and truthfulness. If more space is required for your answers please attach a continuation sheet(s) to the corresponding Proposal response page referencing the item number. 1. The company has been in business continuously from (month and year) 2. The company has had experience comparable to that required under the proposed contract as a prime contractor for years and/or as a subcontractor for years. 3. A list of at least 5 clients with whom you have provided similar services, for a Fair of at least this size (in terms attendance), including the years the services were provided and the value of the contract. 4. Describe the general experience of the firm. 5. Describe your experience providing similar services for public sector organizations. 6. Describe your organization to include staff and resources that will be utilized to provide the services sought. 7. Describe the methods, innovation, and techniques used to explore, develop, control and accomplish work of this RFP. 8. Describe the major items of equipment anticipated to be used to support service delivery such as computer system software and hardware, word processing software and hardware, reproduction and binding equipment, and any other significant productivity tools. 9. List supervisory personnel that would be interfacing with the County contract administrator during the contract period will be submitted and evaluated prior to award of contract. Years of Name Title Experience 10. List all engagements the company has undertaken in the last five years which have resulted in: a. Arbitration or litigation and the disposition of the cases. b. Claims being filed by any Federal, State or Local Governmental agency. c. Liens filed by suppliers or subcontractors. List with whom, for what, and amount. February 20, 1998 Request For Proposal 98-078 Page 13 of 24 PART 5 - SPECIFICATION COMPLIANCE QUESTIONNAIRE: The respondent must certify below that their proposal response complies in all respects with the attached proposal documents, including the minimum specifications. The respondent certifies below their proposal response complies in all respects with the attached specification documents, including the minimum specifications. YES NO If NO, list below, in detail, any and all deviations. LIST DEVIATIONS: Signature, Administrator, or Applicant Agency Date February 20, 1998 Request For Proposal 98-078 Page 14 of 24 PART 6 - PAYMENT OFFER: Provide full details. Part 6A. The following fully operational carnival rides, games, shows and concessions will be provided: 1. Rides. A minimum number of rides will be provided. (fill in) 2. Rides. List each ride by name and provide description to include photos. 3. Games. A minimum number of games will be provided. (fill in) 4. Games. List each game by name and provide description to include photos. 5. Food concession units. List each food concession unit (5 food concession units maximum) and provide copies of menus for each. 6. Other. List other concessions, which may include computer photos, novelties and others, to be supplied. Part 6B. Quality of services. Describe the business plan as it relates to the upgrading, addition and replacement of rides, games, shows, and concessions. Part 6C. Financial. In consideration for the County authorizing the Contractor to use the premises, the Contractor offers the following payment options shall pay the County the following amount(s): Fill in the amounts in the appropriate space below. For comparison purposes only the respondent will assume that the gross receipts for the 1998 interstate fair will be $400,000.00 (this gross receipt amount is less the applicable taxes and insurance fees). NOTE: When bidding a percentage of gross receipts the percentage will be based upon the gross less applicable tax and less the Contractor’s insurance cost (only the cost for the Spokane County Interstate Fair engagement). Payment will be due and payable to the County on or before the last day of September immediately following the Fair. OPTION 1 Flat Rate for Carnival Rides $ Flat Rate for Game Concessions $ Percentage of Food Concessions % Percentage of Novelty Concessions % OPTION 2 Flat Rate for Carnival Rides $ Flat Rate for Game Concessions $ Flat Rate for Novelty Concessions $ Percentage of Food Concessions % OPTION 3 Flat Rate for All Areas $ February 20, 1998 Request For Proposal 98-078 Page 15 of 24 OPTION 4 Percentage of gross receipts on Rides, Food and Novelties Percentage on minimum $400,000.00 % Percentage on $400,001 to $500,000.00 % Percentage on $500,001 and above % Flat Rate for Game Concessions $ OPTION 5 Use this space for submitting alternate proposals. Use attachments if necessary. PART 7 - OTHER: (OPTIONAL) The purpose of Part 7 is to provide a place for the introduction of any other information believed necessary to more fully develop the response. Signature, Administrator, or Applicant Agency Date February 20, 1998 Request For Proposal 98-078 Page 16 of 24 ATTACHMENT A - EVALUATION CRITERIA AND WEIGHTS It is strongly recommended that this be used as the outline for your response. Criteria Description Evaluation Weight 1. CONTRACTOR CAPABILITIES ...........................................................................................................................55 Responses to Parts 1, 2, 3, 4, 5 and 7 2. RELATIVE VALUE OF SERVICES ......................................................................................................................40 Pricing information and proposal provided in part 6 weighed against parts 1 thru 5 and 7 3. RESPONSIVENESS OF SUBMITTAL...............................................................................................................5 a. Complete b. Concise c. Clearly presented information and facilitated evaluation of qualifications Information in response to Questionnaire part 7 will be considered under the criteria deemed appropriate and applicable by each committee member. TOTAL 100 February 20, 1998 Request For Proposal 98-078 Page 17 of 24 ATTACHMENT B - SAMPLE AGREEMENT COUNTY OF SPOKANE WASHINGTON INDEPENDENT CONTRACTOR AGREEMENT CONTRACT NUMBER 98-078 TITLE: Carnival Services, Spokane County Interstate Fair. COUNTY: Maximum Contract Value: $ Spokane County Washington End Of Term Midnight, December 31, 1998 C/O Spokane County Purchasing Department Contract Type: 721 N. Jefferson, Suite 303 Spokane, WA 99260 Contact Rondy Green, Buyer Phone (509) 456-2303 Fax (509) 458-6627 Contract Administrator: Iris Hughes Fair Business Operations Manager (509) 535-1776 CONTRACTOR: Contact Phone Fax THIS AGREEMENT is made pursuant to Request For Proposal (RFP) 98-078, and Resolution dated as of the date of by and between SPOKANE COUNTY, a political subdivision of the State of Washington hereinafter known as the “County” having offices for the transaction of business as listed above and the “Contractor” having offices for the transaction of business as listed above, jointly, hereinafter referred to as the "Parties”. For and in consideration of the mutual promises set forth herein, the parties mutually agree as follows: ARTICLE 1: THE WORK AND SERVICES The County hereby engages the Contractor to perform and render services as in accordance with the Scope Of Work outlined herein. Services shall be provided in a safe and courteous manner consistent with the professional skill and care of the carnival services industry. This award is nonexclusive and if it be in the County's best interest it may award work to other Contractors. ARTICLE 2. CONTACT DOCUMENTS The Contract Documents consist of this Agreement, all conditions of Spokane County Request For Proposal No. 98-078 and other documents listed below and all modifications and change orders issued subsequent to the execution of this Agreement. These form a contract and all are as fully a part of the contract as if attached to this Agreement or repeated herein. An enumeration of the contract documents is set forth below: 1. This Agreement; and 2. The Request For Proposal No. 98-078; and 3. The proposal of the Contractor herein dated .; and February 20, 1998 Request For Proposal 98-078 Page 18 of 24 4. Addenda ARTICLE 3. TERM OF AGREEMENT The term of the Agreement begins upon execution of the Agreement by the both Parties and runs through midnight December 31, 1998. It will be the sole option of the County to tender offers to renew the Contract for additional one year terms running from January 1 through midnight December 31. The Agreement may be extended a maximum of four (4) additional times, in one year increments, for a total possible eligibility of 5 years. Should the County desire to offer the Contractor an extension of the Contract for an additional term the County shall begin negotiations with the Contractor on a scope of work and fees approximately ninety (90) days before the end of the current term. If agreement on a scope of work and fees cannot be reached sixty (60) days before the end of the then current term the contract will be allowed to expire. Prior to a renewal option, the Contractor may request adjustments to the County revenue schedule established in the original proposal. A request must be made in writing to the County ninety (90) days prior to the end of the Contract term. The County reserves the sole right to accept or reject a request for adjustments. Any adjustment request must be documented to the satisfaction of the County. Failure to agree on a price within sixty (60) days of the end of the term shall result in the contract not being renewed. ARTICLE 4. FEE PAYMENTS For and in consideration of the Contractor providing the services set forth in Article 1 fee payment shall be made as outlined in the Scope of Work Article of this Agreement. ARTICLE 7. NON-DISCRIMINATION The Contractor shall not discriminate against any employee who is employed in connection with the Work, or against any applicant for such employment, because of race, creed, color, sex or national origin, marital status, or the presence of any sensory, mental or physical handicap. ARTICLE 8. INSURANCE: Insurance will be provided in accordance with the specifications, terms, and conditions in the General Conditions section of the Request For Proposal document. ARTICLE 9. MAINTENANCE OF RECORDS The Contractor shall make available to the County or the Washington State Auditor or their duly authorized representatives, at any time during their normal operating hours, all records, books or pertinent information which the Contractor shall have kept in conjunction with this Agreement and which the County may be required by law to include or make part of its auditing procedures, an audit trail or which may be required for the purpose of funding the services contracted for herein. ARTICLE 10. COMPLIANCE WITH LAWS The Contractor in the performance of this Agreement agrees to comply with all applicable federal, state and local laws, ordinances and regulations including but not limited to those pertaining to civil rights. ARTICLE 11. ASSIGNMENT The Contractor may not, without the express written consent of the County, assign, sublet or transfer in whole or in part his interest in this Agreement. ARTICLE 12. MODIFICATION No modification or amendment to this Agreement shall be valid until the same is reduced to writing, in the form of an amendment, and executed with the same formalities as this present . February 20, 1998 Request For Proposal 98-078 Page 19 of 24 ARTICLE 13. VENUE STIPULATION This Agreement has and shall be construed as having been made and delivered within the State of Washington and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement or any provisions hereto shall be instituted only in the courts of competent jurisdiction within Spokane County, Washington. ARTICLE 14. WAIVER No officer, employee, agent or otherwise of the County, has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or a law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the County to enforce at any time any of the provisions of this Agreement or to require at any time performance by the Contractor of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of the County to hereafter enforce each and every such provision. ARTICLE 15. INDEMNIFICATION All shows, rides, concessions, novelties, or any other activity provided or undertaken pursuant to this Agreement will be undertaken or provided entirely at the Contractor's risk and the Contractor expressly agrees to indemnify and hold harmless the County and its officers, agents, employees or otherwise, from any and all liability, loss (including reasonable attorney's fees) or damage that they may suffer as a result of claims, demands, actions, damages or injuries of every kind or nature whatsoever, by or to any and all persons or property or judgments against them which result from, arise out of, or are in any way connected with the shows, rides, concessions, novelties, or any other activity provided or undertaken by the Contractor under the terms of this Agreement. The Contractor shall defend, indemnify and hold the County harmless against any and all losses, damages, costs, expenses (including reasonable attorney's fees), suits, actions, liabilities from or caused by the negligence or fault of the Contractor which result from, arise out of, or are in any way connected with the services to be rendered or performed by the Contractor under the terms of this Agreement; provided, that where said losses, damages, etc. are caused by or result from the concurrent negligence or fault of the County and the Contractor, such indemnity shall apply only to the extent of the Contractor's negligence or fault. The Contractor shall indemnify, defend, and hold Spokane County harmless from and against all liability, claims, or actions, based upon or arising out of injuries, to include death resulting therefrom, or damages to persons or property caused by or sustained in connection with the performance of any work pursuant to this Contract, to include work accomplished by any Sub-contractor of the Contractor herein, and except as may be caused solely by the negligence of the Owner to the extent allowed by state law. The Contractor shall further indemnify, defend, and hold Spokane County harmless from and against all liability, claims, and actions, to include liability, claims and actions brought the Contractor’s employees, Sub-contractors, and employees of Sub- Contractors, based upon or arising out of injuries, to include injuries, death, damages to persons or property, caused by or resulting from the negligence and/or concurrent negligence of the Contractor, or the Contractor’s agents, employees, Sub- Contractors, or employees of the Sub-Contractors. To the extent permitted by applicable law, the Contractor further agrees to indemnify, defend, and hold Spokane County harmless from and against all claims, actions, or liabilities for injuries, death, damages, or benefits, arising out of, or which may be awarded pursuant to Worker’s Compensation and/or Employer’s Liability laws, including but not limited to any claims asserted by on behalf of an employee of the Contractor, by a Sub-Contractor, or by a Sub-Contractor employee. To the extent permitted by applicable law, the Contractor waives any immunity under existing Washington’s Worker’s February 20, 1998 Request For Proposal 98-078 Page 20 of 24 Compensation law (or applicable jurisdictions) where the work herein is to be performed as necessary to fully effectuate this paragraph (Indemnity) or other indemnity or hold harmless provisions. The Contractor and Spokane County specifically warrant that the foregoing indemnity provisions are the subject of explicit negotiation by the parties, and are specifically and expressly agreed to in consideration of the mutual benefits derived under the terms of the Contract herein. ARTICLE 16. NOTICES All notices called for or provided for in this Agreement shall be in writing and must be served on any of the parties either personally or by first class mail sent to the parties at their respective addresses hereinabove given. Notices sent by mail shall be deemed served when deposited in the United States mail, postage prepaid. ARTICLE 17. RELATIONSHIP OF THE PARTIES The parties intend that an independent Contractor relationship will be created by this Agreement. No agent, employee, servant or otherwise of the Contractor shall be or shall be deemed to be an employee, agent, servant or otherwise of the County for any purpose, and the employees of the Contractor are not entitled to any of the benefits that the County provides for County employees. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this contract. In the performance of the services herein contemplated the Contractor is an independent Contractor with the authority to control and direct the performance and details of the work, the County being interested only in the results obtained; however, the work contemplated herein shall meet the approval of the County pursuant to the provisions of the Agreement under which the services and work were let to the Contractor. ARTICLE 18. HEADINGS The article headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the articles to which they appertain. ARTICLE 19. SCOPE OF WORK AND COMPENSATION 1. SCOPE OF WORK: To provide carnival services for the Spokane Interstate Fair including, at a minimum, a fully operational carnival with rides, shows, game concessions, novelty concessions, and a maximum of 5 food concession units. A. Hours of operation. The carnival will be in operation between the hours as listed in the specifications. B. Rides and concessions 1. Carnival rides 2. Shows 3. Game concessions 4. Novelty concessions 5. Food concessions (the Contractor will be limited to a maximum of 5 food concession units) C. Payment to the county for carnival services shall be made before September 30, 1998. Gross receipts do not include applicable taxes and insurance fees. D. Contractor shall provide personnel and management expertise. 1. Contractor will assure that appropriate practices and policies are used to ensure professional personnel actions during execution of the contract. 2. Contractor shall operate in a matter that enhances the fair in the eyes of it's patrons. E. Contractor shall provide expertise and content of promotional programs. 1. Programs shall fit into theme and goals of the fair. 2. Programs shall be designed to increase attendance and acceptance of fair in area it represents. F. Contractor shall demonstrate a high degree of experience and performance during the term of contract period. February 20, 1998 Request For Proposal 98-078 Page 21 of 24 1. All games, rides, shows and attractions shall open on time. 2. There shall be limited, if any, down time for any rides, games, shows or concessions. 3. A clean and exceptional appearance of operation shall be maintained. All employees will wear clean uniforms which make them easily identifiable. 4. Professional techniques in all posting of signage shall be used. G. Contractor shall at all times make safety it's number one concern. At all times during the contract period, care shall be used that is reasonable and prudent to ensure safety of all concerned. H. The County may, by Change Order(s), add or delete services as it may deem advisable. 2. LICENSE: Commencing on the first day of the Fair, through the last day of the Fair as shown above, inclusive, the County grants to the Contractor a license to use that portion of the Interstate Fairgrounds designated by the County, hereinafter referred to as the "Premises", for use by the Contractor to provide the services set forth hereinafter, for the purpose of providing quality shows, rides and concessions, provided that the following specifications are met by the Contractor within the time frames shown in the specifications. 3. SPECIFICATIONS: A. All fees, fares, admissions, hours of operation and prices charged by the Contractor on the Premises shall be subject to prior approval by the County. B. Prior to July 1, 1998, the Contractor shall submit a detailed plan of space allocation, including all rides, attractions, novelties and food concession booths and showing their proposed placements within the Premises. The County shall approve the plan, with modifications, if applicable, by July 15, 1998. C. Each employee of the Contractor having contact with the Fair-going public shall be in uniform at all times. Such uniform shall be agreed upon by the County and the Contractor prior to opening day of the Fair. D. The Premises area will be cleaned daily prior to opening the carnival ride, attraction, novelty and food concession area. E. The Contractor's employees shall camp overnight and utilize shower, laundry and rest room facilities only in those areas designated by the County prior to commencement of the Fair. The Contractor shall keep the shower and laundry area in a clean and sanitary condition. F. No overnight camping will be permitted in public parking areas. G. Parking of trucks not needed on site will be parked in areas designated by the County for such purpose, between the dates of the first and last day (inclusive) of the Fair as listed above. H. The Contractor shall operate the rides, concessions, games and show during the following hours: Week Days: 3:00 P.M. to 10:00 P.M. Week Ends: 12:00 Noon to 11:00 Midnight I. The Premises shall be available to the Contractor commencing on the first Tuesday after Labor Day to set up the rides, booths and concessions. The County will provide the Contractor with a key to the gate on Broadway Avenue. The gate shall be kept locked at all times. The Contractor agrees to remove all equipment and buildings within five (5) working days after the conclusion of the Fair. The Contractor will additionally clean the Premises and leave the Premises in as good a condition as found, free and clear of debris. J. The Contractor agrees to provide two (2) one-price days for rides, to be coordinated with the County. The prices charged and the promotion of such days shall be coordinated between the Contractor and the County. 4. TICKET SELLERS: A. The County shall have the option to provide ticket sellers and/or ticket takers for carnival events. The County will notify the Contractor whether or not this option will be exercised prior to August 15, 1998. B. All carnival attendance and ticket information shall be available to the County at all reasonable times. 5. SAFETY: The Contractor further agrees to abide by all recommendations made by the Spokane County Safety/Loss Control Department. February 20, 1998 Request For Proposal 98-078 Page 22 of 24 6. UTILITIES: A. The Contractor shall furnish its own electrical power at no expense to the County. B. The County will provide water to the Contractor in reasonable quantities for domestic use only. 7. FEE PAYMENT: A. [? to be determined] B. The Contractor will keep its Contracts, Agreements, billings and records segregated. All payments and correspondence will refer to Agreement number 98-078, the title of the Agreement, and shall be delivered to the Spokane County Interstate Fair, 404 N. Havana, Spokane, WA 99202, Attn: Accounting. C. The Contractor will make one fee payment for the total contract amount which will be due and payable the last County work day in the month of September immediately following the revenue period. Payment will be by check, made payable to the “Spokane County Treasurer”. The payment shall be accompanied by a breakdown of the revenue figures used in the calculations which will be itemized using the applicable categories listed in the Proposal. D. A late payment penalty of 1% of the payment amount will be due the day after the payment due date. A late fee payment fee will be assessed at the rate of 1% per month (12% per annum). ARTICLE 20. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. ARTICLE 21. SPECIAL PROVISION The County's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. ARTICLE 22. CONFLICT BETWEEN DOCUMENTS In the event of a conflict or discrepancy between the provisions of Spokane County Request For Proposal No. 98- 078 and the provisions of this Agreement this Agreement shall be controlling. ARTICLE 23. PAYMENT OF TAXES This Agreement is for the employment of the Contractor as an independent contractor. The Contractor holds itself out as an independent contractor doing business as listed above and is solely responsible for paying any and all taxes associated with the work of this Agreement including but not necessarily limited to income and social security taxes. ARTICLE 24. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The Contractor has read and understands all of this Agreement, and now states that no representation, promise, or agreement not expressed in this document has been made to induce the Contractor to execute the same. ARTICLE 25. INTEGRATION This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. All parties have read and understand the above contract and now state that no representations, promises, or agreements not expressed by this Agreement have been made to induce the other to execute the same. ARTICLE 26. OTHER EMPLOYMENT February 20, 1998 Request For Proposal 98-078 Page 23 of 24 This Contract is not an exclusive services Agreement. The Contractor may take on other professional assignments while completing the work set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year set forth herein above. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ATTEST: Phillip D. Harris, Chair WILLIAM E. DONAHUE Clerk of the Board M. Kate McCaslin, Vice Chair By: Deputy Clerk John Roskelley CONTRACTOR By: Title: STATE OF WASHINGTON ) ) ss. County of Spokane ) I certify that I know or have satisfactory evidence that the above ____________________________________________is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged as the authorized agent for the Contractor to be the free and voluntary act of Contractor for the uses and purposes mentioned in this instrument. DATED this ___ day of ____________, 1998. NOTARY PUBLIC IN FOR AND THE STATE OF WASHINGTON residing at Spokane. My commission expires . 4. Explain how budget planning is related risk management for the RFP you have selected.