1-RFP-26-0087 Sport Complex Use.pdf

Procurement Division

PO Box 768 Olathe, KS 66051-0768

REQUEST FOR PROPOSALS

FOR

OLATHE SOFTBALL COMPLEX USE AND OPERATIONS

DATE OF ISSUE: SEPTEMBER 1, 2026 BID NUMBER: RFP-26-0087

Proposals must be received online at Bonfire no later than:

October 7, 2026 at 10:00 AM (CST)

Questions concerning this RFP shall be directed to Bonfire no later than:

September 30, 2026 at 5:00 PM (CST) Questions will be addressed via addendum on to Bonfire.

https://olatheks.bonfirehub.com/ https://olatheks.bonfirehub.com/

I. INTRODUCTION AND BACKGROUND

The City of Olathe, Kansas is soliciting sealed proposals from qualified organizations, athletic associations, sports operators, event managers, and other experienced entities to provide exclusive seasonal use, league operations, weekend tournament operations, or a combination thereof at the following City-owned softball facilities:

• Olathe Girls Softball Complex

• Lone Elm Softball Complex

Proposals may be submitted for one complex, both complexes, seasonal exclusive use, weekend tournament use, league operations, or any combination of these uses as described in this Request for

Proposals (“RFP”).

The City intends to select the proposal or proposals determined to be most advantageous to the City, considering qualifications, operational approach, community benefit, financial return/value, and other evaluation factors set forth herein.

II. SCOPE OF SERVICES

1. PURPOSE

The City of Olathe seeks proposals from qualified organizations capable of administering and managing softball-related programming and events in a professional, safe, and effective manner. The

City’s objective is to maximize quality use of these public facilities while ensuring strong operational oversight, community benefit, and preservation of City assets.

The City of Olathe is open to discussing how concessions at both facilities will be operated and maintained before finalizing an agreement. The selected proposer(s) will be granted access to field lighting and other site amenities, subject to the terms of the final agreement, City scheduling controls, and all applicable policies and rules.

2. FACILITIES AND USE OPPORTUNITIES

The City is soliciting proposals for use of the following facilities:

• Olathe Girls Softball Complex

• Lone Elm Softball Complex

Proposals may request any of the following:

• Exclusive seasonal use of one complex

• Exclusive seasonal use of both complexes

• Weekend tournament operations at one or both complexes

• Weekday League operations at one or both complexes

• A combination of seasonal use, league operations, and tournament operations The City reserves the right to award one agreement for both complexes, separate agreements by complex, separate agreements by use type, separate agreements by date range, or multiple agreements if determined to be in the City’s best interest.

3. OPERATIONAL REQUIREMENTS

The selected proposer(s) shall provide all labor, supervision, planning, coordination, and administration necessary to conduct the approved operations. Responsibilities may include, as applicable:

• Organizing and administering league and/or tournament play

• Managing registrations, team communications, schedules, brackets, and standings

• Providing event and site supervision during all reserved use periods

• Coordinating with City staff regarding field assignments, lighting needs, weather impacts, and facility availability

• Ensuring orderly and professional use of the complexes

• Maintaining participant, coach, and spectator compliance with City rules and policies

• Reporting incidents, property damage, or safety concerns promptly to the City

• Weekend Field preparation, trash collection, field chalking, and redragging if necessary

4. CITY RESPONSIBILITIES

The City will:

• Maintain the softball complexes and associated grounds on weekdays including field dragging, trash collection, field chalking, mound setup, and mowing.

• Provide access to field lighting and existing site amenities

• Coordinate with the selected proposer(s) regarding field availability, maintenance, and approved use periods

• Retain oversight of facility use and compliance with City policies, ordinances, and agreement terms

5. PROPOSER RESPONSIBILITIES

The selected proposer(s) shall, at a minimum:

• Use the facilities only for approved softball related programming including but not limited to organized league play and organized tournaments

• Provide competent administration of leagues, tournaments, and/or seasonal programming

• Ensure adequate staffing and supervision during all events

• Comply with all applicable federal, state, and local laws, regulations, ordinances, and policies

• Be responsible for participant conduct, spectator management, and non-City event staffing

• Obtain and maintain all required insurance, permits, and approvals

• Promptly report facility damage, incidents, or safety concerns to the City

• Maintain the softball complexes and associated grounds on weekends including field dragging, trash collection, field chalking, and occasional mound setup

• Charging for admission or parking at the complex will be prohibited

6. TERM OF AGREEMENT

The City anticipates entering into an agreement for a term covering the applicable softball season, tournament schedule, league period, or other approved operating term.

Initial Term: 3 years

Renewal Option(s):

Yes

Estimated Start Date: Jan 1, 2027 Any renewal, extension, or continuation shall be at the sole discretion of the City and subject to satisfactory performance, continued public benefit, and approval of all required City authorities.

6. INSURANCE AND INDEMNIFICATION

The selected proposer(s) will be required to provide insurance coverage in types and amounts acceptable to the City of Olathe prior to contract execution. Coverage may include Commercial

General Liability, Automobile Liability if applicable, Workers Compensation if applicable, abuse/molestation coverage if required, and additional insured status naming the City where required.

The selected proposer(s) shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from claims arising from the proposer’s operations or use of the facilities, subject to

Kansas law and final contract terms.

III. PROPOSAL FORMAT

Proposals shall address all the following requirements in the order in which they appear in this document.

This is required to facilitate an equitable comparison of submittals received by the evaluation team. Failure to present your submittal in this manner may result in less consideration and minimal rating scores. All proposal information must be submitted electronically through Bonfire.

1. Organizational Information – Provide the following information:

o Legal name of organization o Primary contact name, title, phone number, and email address o Business address o Type of organization o Number of years of relevant experience o Certificate of good standing from the applicable Secretary of State's office

2. Facility Use Request – Complete the Facility Use Request Form and clearly identify the proposed use of the City-owned softball facilities. The request shall include:

o Complex(es) requested o Type of use requested, including seasonal exclusive use, league operations, weekend tournament operations, or a combination thereof o Requested dates and duration of use o Preferred days and times of operation

3. Operational Plan – Describe the proposed programming and approach to operating the requested facility use. Include, at a minimum:

o Description of proposed programming o Target age groups or participant groups o Estimated number of teams, participants, and spectators o Proposed season calendar and/or tournament schedule o Staffing and supervision plan o Weather and cancellation procedures o Safety and risk management practices

4. Experience and Qualifications – Describe the Proposer's relevant experience, qualifications, and record of performance. Include:

o Experience operating similar programs, leagues, tournaments, events, or athletic facilities o Experience working with municipalities, school districts, athletic associations, or similar organizations o References from municipalities, school districts, sports organizations, or other comparable clients, including contact information

5. Financial Proposal – Provide the proposed financial arrangement associated with the requested facility use. Include:

o Proposed fees to participants or teams o Proposed fee, revenue share, or other financial consideration to the City o Estimated community or economic benefit resulting from the proposed use o Any other financial or non-financial value proposed to the City

6. Insurance and Compliance – Provide evidence of the Proposer's ability to meet the City's required insurance and contractual requirements. Identify any licenses, permits, certifications, or other compliance requirements applicable to the proposed operations.

7. Required Forms and Attachments – Complete and return all items identified as “RETURN” in the RFP Attachments and Forms Guide. Items identified as “READ ONLY” are provided for informational purposes and do not require submission.

8. Exceptions and Addenda – Clearly identify any exceptions to the RFP requirements, City terms, conditions, or contractual provisions and acknowledge receipt of all addenda. Failure to identify an exception shall constitute acceptance of the requirements as stated.

9. Additional Information – Provide any additional information the Proposer believes should be considered in the evaluation of its proposal, including information regarding unique programming, partnerships, community benefits, economic impact, or other factors that demonstrate the overall value of the proposal to the City.

Proposals shall remain valid for 120 calendar days from the RFP opening date.

Failure to provide the required information or follow the submission requirements may result in reduced consideration or evaluation points.

INQUIRIES

Question or requests for information regarding this RFP must be submitted to Bonfire no later than September

30, 2026 by 5:00 PM (CST).

Respondents shall make NO CONTACT – either written or verbal – with members of the City of Olathe Council, City of Olathe Legal Counsel, or any City of Olathe employees during the period beginning with the issuance of this document through approval of award. Any attempt by respondents to influence any of the aforementioned individuals may be grounds to disqualify the respondents from participation in the selection process of this RFP.

It should be noted that other information provided in your response will be considered proprietary and will not be divulged during the proposal review process as authorized by K.S.A 45-217 (Kansas Open Records Act). Because contractual agreements of this nature require the expenditure of public funds and or use of public facilities, the successful proposer shall understand that portions (potentially all) of their proposal (including any final contracts) will become public record after its acceptance by the City Council.

IV. EVALUATION CRITERIA

The evaluation team will review the proposals received and rate each in accordance with the following criteria:

Company Qualifications & Experience: 20 Points Quality and Feasibility of Operational Plan: 20 Points Community Benefit and Access for Olathe Residents: 15 Points Staffing, Safety, and Supervision Approach: 15 Points References and Past Performance: 10 Points Responsiveness to RFP: 5 Points Financial Return, Value to City: 15 Points

The City may prepare a short list of respondents from the submitted Proposals for oral presentations to the evaluation committee. This decision will be based on the number and quality of Proposals received. If Proposals are deemed to be of high quality, oral presentations may be waived, and finalists selected based on Proposals submitted.

In the event oral presentations are required, the City of Olathe will not be responsible for any expenses incurred by the potential respondents for these presentations. New evaluation criteria may be established for oral interviews. The City will provide the desired format and criteria prior to the oral presentations.

The final selected respondents(s) will be recommended for contracting for this work. However, if it is determined to be in the best interest of the City, all proposals may be rejected, and the City may reissue Requests for Proposals.

V. SCHEDULE

The following is a tentative project schedule:

RFP Issuance Date: September 1, 2026 Deadline for Questions: September 30, 2026 at 5:00 PM CST Proposal Submission Deadline: October 7, 2026 at 10:00 AM CST Evaluation Period: Week of October 12, 2026 Vendor Interviews: Week of October 19, 2026 Contract Award: October, 2026

VI. CONTRACT AWARD

The City anticipates entering into a contract with the individuals and/or firms who submit the proposal(s) judged by the City to be most advantageous.

Respondents shall understand that this RFP does not constitute an offer or a contract with the Respondent.

An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the City and executed by the parties. The City anticipates that the final contract will be in substantial conformance with the Sample Standard Contract;

nevertheless, Respondents are advised that any contract which may result from the RFP may deviate from the Sample Standard Contract. Any changes to the Sample Standard Contract suggested by the Respondent must be clearly stated in your Proposal.

The City reserves the right to reject all proposals, to abandon the project, or to re-advertise for and solicit other proposals. The City may, in its discretion, waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. The City further reserves the right to negotiate any and all terms of the proposal.

PRE-CONTRACTUAL EXPENSES

The City shall not, in any event, be liable for any pre-contractual expenses incurred in the preparation of a vendor’s submittal, prior to execution of the contract by both parties. Precontractual expenses are defined as expenses incurred by the vendor in:

• Preparing and submitting qualification(s) to the City;

• Preparing and submitting proposal(s) to the City;

• Negotiations with the City on any matter related to the contract terms, professional fees, and schedule

• Any other expenses incurred by the respondent prior to reaching agreement of the contract with the City.

All prospective Proposers will be afforded an opportunity to submit statements of qualifications in response to this request and will not be discriminated against on the basis of race, religion, color, national origin, age, sex, disability or any other protected class in receiving consideration for an award of any contract entered into pursuant to this Request.

RFP DOCUMENT MISTAKES

(Kansas statues K.S.A. 75-6901 through 75-6906). The respondent shall not be allowed to modify or correct mistakes in the RFP document after the closing. Failure to complete the entire submittal may result in declaring the submittal as non-responsive and the submittal may be rejected. A submittal that is in the possession of the Purchasing Division may not be altered after time and date for closing. E-mail, fax, telegram, telephone, or verbal alterations of a submittal will not be accepted. Respondent may submit an alternative sealed submittal bearing the signature of person authorized for offering a submittal, provided it is received prior to the time and date of closing. A submittal that is in the possession of the Purchasing Division may be withdrawn by the respondent up to the time of the RFP closing.

INDEMNIFICATION

Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including reasonable attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless the City and the Olathe Housing Authority and their agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of the contractor or its subcontractors. Neither acceptance of completed work nor payment therefor nor termination or expiration of this Agreement releases Consultant of its obligations under this paragraph.

APPROPRIATIONS CLAUSE

The City is subject to the Kansas Cash Basis Law. Accordingly, execution and continuation of the contract is contingent upon annual appropriation of funds by the applicable legislative body in an amount sufficient to allow performance in accordance with the terms and conditions of the contract. The City shall, upon receipt of notice by the appropriate authority that sufficient funds are not available to continue full and faithful performance of the contract, provide prompt written notice to the Respondent of such event, and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever comes first, be thereafter released of all further obligations in way related to the contract.

ATTACHMENTS

Attachment Letter Return Read Only

A Athletic Field Use Form x

B Vendor Response Form x

C City of Olathe Terms and Conditions x

D Sample Contract and Insurance Exceptions X

E Affidavit x

Attachment A – Athletic Field Use Form

Athletic Field Use Request

Lone Elm Softball Complex and Olathe Girls Softball Complex

Instructions: Check the boxes for all requested weekday seasonal use and all requested weekend dates.

Weekday seasonal options below apply to Monday-Thursday use only.

Organization Name: ______________________________________________________

Authorized Representative: ________________________________________________

Signature: _________________________________________ Date: ________________

Weekday Seasonal Use Request (Mon-Thurs) Check all that apply:

Complex Spring

(March-May) Summer

(June-August) Fall

(September-November)

Lone Elm Softball Complex ☐ ☐ ☐

Olathe Girls Softball Complex ☐ ☐ ☐

Weekend Use Request (Friday-Sunday) Check all that apply:

Check each weekend requested. Date range covered: March 15, 2027 through November 12, 2027.

Weekend Lone Elm Softball Complex Olathe Girls Softball Complex

Mar. 19, 2027 - Mar. 21, 2027 ☐ ☐

Mar. 26, 2027 - Mar. 28, 2027 ☐ ☐

Apr. 02, 2027 - Apr. 04, 2027 ☐ ☐

Apr. 09, 2027 - Apr. 11, 2027 ☐ ☐

Apr. 16, 2027 - Apr. 18, 2027 ☐ ☐

Apr. 23, 2027 - Apr. 25, 2027 ☐ ☐

Apr. 30, 2027 - May. 02, 2027 ☐ ☐

May. 07, 2027 - May. 09, 2027 ☐ ☐

May. 14, 2027 - May. 16, 2027 ☐ ☐

May. 21, 2027 - May. 23, 2027 ☐ ☐

May. 28, 2027 - May. 30, 2027 ☐ ☐

Jun. 04, 2027 - Jun. 06, 2027 ☐ ☐

Jun. 11, 2027 - Jun. 13, 2027 ☐ ☐

Jun. 18, 2027 - Jun. 20, 2027 ☐ ☐

Jun. 25, 2027 - Jun. 27, 2027 ☐ ☐

Jul. 02, 2027 - Jul. 04, 2027 ☐ ☐

Jul. 09, 2027 - Jul. 11, 2027 ☐ ☐

Jul. 16, 2027 - Jul. 18, 2027 ☐ ☐

Jul. 23, 2027 - Jul. 25, 2027 ☐ ☐

Jul. 30, 2027 - Aug. 01, 2027 ☐ ☐

Aug. 06, 2027 - Aug. 08, 2027 ☐ ☐

Aug. 13, 2027 - Aug. 15, 2027 ☐ ☐

Aug. 20, 2027 - Aug. 22, 2027 ☐ ☐

Aug. 27, 2027 - Aug. 29, 2027 ☐ ☐

Sep. 03, 2027 - Sep. 05, 2027 ☐ ☐

Sep. 10, 2027 - Sep. 12, 2027 ☐ ☐

Sep. 17, 2027 - Sep. 19, 2027 ☐ ☐

Sep. 24, 2027 - Sep. 26, 2027 ☐ ☐

Oct. 01, 2027 - Oct. 03, 2027 ☐ ☐

Oct. 08, 2027 - Oct. 10, 2027 ☐ ☐

Oct. 15, 2027 - Oct. 17, 2027 ☐ ☐

Oct. 22, 2027 - Oct. 24, 2027 ☐ ☐

Oct. 29, 2027 - Oct. 31, 2027 ☐ ☐

Nov. 05, 2027 - Nov. 07, 2027 ☐ ☐

Optional applicant notes:

Lone Elm Softball Complex Field Map

Olathe Girls Softball Complex Field Map

City of Olathe

RFP-26-0087

Olathe Softball Complex Use and Operations

Lone Elm/GSC Softball Facility Rules and Regulations

1. No person shall engage in any sale of merchandise, services or operate any concessions without prior approval.

2. Applicant must provide adequate supervision of all players on the fields. Misuse of the fields or failure to conform to the regulations will be sufficient reason to deny any future application.

3. Unless otherwise permitted by law, alcoholic beverages and/or illegal substances are prohibited on City property. Appropriate law enforcement agencies will be notified when violations occur and appropriate action against all involved parties will apply.

4. Lighted areas close at 11:00 p.m., unlighted areas are closed at dusk.

5. Specific prior permission is required for decorations or alterations to fixtures, walls, etc. or posting of signs for the purpose of advertising or decorating that facility or for any other purpose without first having obtained the written permission of the City. A reasonable charge may be assessed to remove such items (if not promptly removed by Applicant).

Applicant shall be required to repair any damage caused by such advertising or decorations.

6. No grills or cookers allowed indoors or on playing surfaces or land adjoining the playing surfaces.

7. No amplifiers or devices that produce loud noises shall be permitted.

8. Glass containers are prohibited in all areas.

9. No firearms, air rifles, BB guns, spring guns, bow and arrows, slings or any other form of weapon dangerous to human safety are allowed on the facility grounds at any time.

10. It is prohibited for any person to engage in boisterous, threatening, abusive, insulting, indecent or profane language or to engage in any disorderly conduct or behavior leading to a breach of the public peace and enjoyment of the fields or park. The City reserves the right to remove, or have removed, any person(s) due to abusive conduct or a non-cooperative attitude.

11. No person or group shall store, leave or otherwise allow remaining at the fields or park, any materials, supplies, equipment or other physical accessories without written permission of the City. A reasonable charge may be assessed by the City to remove any such items.

12. The City reserves the right to remove, or have removed, any person(s) due to a violation of any of these rules.

13. Overnight parking is prohibited, including overnight parking of any motor homes or other recreational vehicles.

14. No metal cleats are allowed on portable pitching mounds. Applicant is responsible and will be charged for any damage that occurs during their rentals.

Attachment B – Vendor Response Form

VENDOR RESPONSE FORM

Bidder Information:

Legal Name of Company: _____________________________________________________________________________

Doing Business As (if different): ________________________________________________________________________

Federal Tax ID Number: _______________________________________________________________________________

UEI # (Unique Entity Identifier, formerly DUNS): _________________________________________________________

Address: ____________________________________________________________________________________________

City, State, Zip Code: _________________________________________________________________________________

Contract Person: _____________________________________________________________________________________

Title: ________________________________________________________________________________________________

Phone number: ______________________________________________________________________________________

Email address: _______________________________________________________________________________________

Website: ____________________________________________________________________________________________

General Certification: I hereby certify that the above information is true and correct to the best of my knowledge. I also certify that I hold the authority to contract with the City of Olathe and that this proposal, including all required forms and attachments, is submitted in full understanding and acceptance of all terms, conditions, and requirements set forth in this solicitation.

Authorized Representative Name (Printed): __________________________________________________________

Authorized Representative Signature: _______________________________________________________________

Title: ________________________________________________________ Date: _________________________________

Attachment C CITY OF OLATHE, KANSAS

PROCUREMENT DIVISION

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS

(Revised 02/26)

1. SCOPE: These instructions to bidders and general conditions apply to solicitations for material, equipment, supplies or services with an estimated single or combined cost of $100,000.00 or more. These conditions shall be in force unless otherwise modified by the City in this bid document. Bidders shall be advised that the City of Olathe is not responsible for the content of any bid package received through any 3rd party bid service other than Bonfire. It is the sole responsibility of the vendor to ensure the completeness of the documents received from any 3rd party source other than Bonfire.

2. DEFINITIONS (AS USED HEREIN):

a. The term "Invitation For Bid" means a solicitation of formal sealed bids with a combined or single unit value $100,000.00 and over. The acronym "IFB" means Invitation For Bid.

b. The term “Quick Quote” means a solicitation of informal bids with a combined or single unit value between

$10,000.00 and $99,999.00 The acronym “QQ” means Quick Quote.

b. The term "bid" means the offer by the bidder.

c. The term "bidder" means the person or organization responding to the solicitation.

d. The term “contractor” means a person or organization who is the successful bidder and who enters into a contract with the City.

e. The term "change order" means a written order from the Procurement Manager directing the contractor to make changes to a contract.

f. The term "City" means the City of Olathe, Kansas.

g. The term "City Council" means the governing body of the City of Olathe.

3. PREPARATION OF BIDS: Bidders shall review the specifications, drawings, and all special and general conditions.

Failure to do so will be at the bidder's risk.

Each bidder shall furnish the information required in the solicitation. The bidder shall provide their name, address, e-mail address, and telephone number where indicated in the affidavit of the solicitation documents. The affidavit must be signed by an officer or employee having the authority to bind the company or organization by his/her signature, notarized, and uploaded with bid response on Bonfire.

Unit price for each unit offered must be provided. The unit price will be presumed correct.

The bidder must state a definite time for delivery of supplies or performance of services.

4. SUBMITTING A BID: Bids must be received electronically in the sealed lockbox at Bonfire BEFORE the time of opening indicated in the solicitation. All references to time shall be Olathe, Kansas time (Central time zone). Hard copy (paper) bids will not be accepted. Late bids will be rejected. Any exceptions or additional information required on a solicitation will be noted in the bid documents. Failure to provide any requested information or to follow these procedures may result in the rejection of your bid.

5. BID DOCUMENT MISTAKES: (Kansas Statutes K.S.A. 75-6901 through 75-6906). The bidder shall not be allowed to modify or correct mistakes in the bid document after the opening of the bid. Failure to complete the entire bid accurately may result in declaring the bid as non-responsive and the bid may be rejected.

Bids may not be withdrawn after the bid opening time and date if a bid mistake is based upon an error in judgment. If a nonjudgmental mistake, such as a math error, is suspected by the City or the bidder, the bidder shall respond within two

(2) business days of the bid opening with a request for the City to consider verification of the mistake. Once a bid has been verified, it shall be considered submitted as verified. The City shall permit a bidder to withdraw its bid without penalty or forfeiture of bid security if: (a) a nonjudgmental mistake is evident on the face of the bid, or (b) the bidder establishes by clear and convincing evidence that a nonjudgmental mistake was made.

If multiple bids are received from the same vendor, the City will either consider only one of the bids from that vendor, or reject all bids from that vendor, at the sole discretion of the City.

6. ACCEPTANCE OF OFFER: The submitted bid is considered as an offer on the part of the bidder; such offer is deemed accepted upon issuance by the City of a Purchase Order, Price Agreement, or other contractual document.

7. FIRM PRICES: By submitting the bid, bidder signifies that the prices, terms and conditions quoted in their bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the solicitation. Prices quoted must remain firm for the period of performance of any resulting purchase order or contract to be performed over a specified period of time as indicated in the solicitation.

8. CONTRACT RENEWAL: The City reserves the right to renew any contract resulting from this solicitation at the same prices, specifications, terms and conditions, upon mutual agreement between the City and the contractor.

9. ESTIMATED QUANTITIES: Whenever a bid requests prices to be firm for a period of performance, the quantities or usages shown are estimated only with no guarantee made by the City. The quantities are for the bidder’s information only, and the City will be bound only for actual quantities ordered.

10. DISCOUNTS: Cash discounts will be considered in determining the award. Unless otherwise indicated in the IFB, discounts offering 10 days or more will be taken by the City’s Accounts Payable Division, with payment made on the nearest pay period after receipt, inspection and acceptance of articles, and receipt of correct invoice(s).

11. SAMPLES: Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, samples may be returned at the bidder’s expense unless otherwise indicated in the solicitation.

12. AWARD: Award will be made to the lowest most responsive and responsible bidder, which will be judged on the basis of price, conformance to specifications, quality, delivery time, references, payment terms, and in the best interest of the City of Olathe, all factors being considered.

The City reserves the right to accept or reject any or all bids or part of bids, to waive irregularities and technicalities, and to request rebids on the material described in the solicitation.

The City reserves the right to award the contract on a split-order basis, lump-sum or individual-item basis, or any other combination that is in the best interest of the City unless otherwise specified.

Conditional bids are subject to rejection in whole or in part at the sole discretion of the City.

No order or contract resulting from this solicitation may be assigned, transferred, or delegated to another party without written approval of the City’s Procurement Manager.

13. BRAND NAMES: If brand names, make, name of any manufacturer, trade name, or vendor catalog number are specified in these bid documents, it is for the purpose of establishing a grade or quality of material only. When the City does not wish to rule out other brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the bidder’s responsibility to identify such product in their bid and prove to the City that the product is equal to or better than the product specified. Unless otherwise indicated, evidence in the form of samples may be requested if the proposed brand is other than that specified by the City. Such samples are to be furnished as specified in the solicitation or upon request of the City. Any samples requested by the City must be received by the City no later than four (4) days after formal request is made.

14. VARIATIONS OF SPECIFICATIONS: For purposes of evaluation, bidder must indicate any variances from any provision, specification, or condition stated in this solicitation, no matter how slight. If bidder does not indicate any variations, it will be assumed that the product or service fully compiles with the provisions, specifications, or conditions as stated. If satisfactory bids are not received, the City reserves the right to consider alternate bids containing deviations from stated specifications.

15. QUALITY: Unless otherwise identified in the solicitation, all materials used in the manufacture or construction of supplies, materials or equipment covered by this solicitation shall be new. The items bid must be the latest make or model in current production, as offered to commercial trade, and of the highest quality material and workmanship. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.

16. ECO-FRIENDLY (GREEN) PRODUCTS: The City of Olathe supports the use of products that are ecologically friendly to the environment. Bidders are urged to include information with their bid submittal that describes the human health and environmental impact of products proposed. This eco-friendly approach takes into account, but is not limited to, waste production, energy and water use, greenhouse gas emissions, indoor air quality, recycled and reused content and packaging, and the presences of hazardous substances. Prime consideration will be given to these eco-friendly products when compared to mainstream products in cost and packaging.

17. MATERIAL SAFETY DATA SHEET (MSDS): It is mandatory for a manufacturer, supplier, or distributor of hazardous material to supply an MSDS as required by 29CFR 1910.1200 with the first shipment. Any time the content of an MSDS is revised, the vendor is required to provide a new MSDS to the City.

18. ACCEPTANCE OF MATERIAL: The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and is accepted by the City. It must comply with the terms of this IFB, and fully comply with specifications, and be of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the contractor and return product to contractor at the contractor’s expense.

19. CODES AND REGULATIONS: All products supplied, and work performed, within the scope of this request shall be supplied by the successful bidder to all applicable current prevailing codes and regulations.

20. DELIVERY: Bidders must indicate the number of calendar days required to make delivery after receipt of a purchase order. Delivery time may be considered in making an award. The City reserves the right to cancel any order, or any part of that order, without obligation if delivery is not made within the time(s) specified on the bid form.

The City may grant additional time for delivery if the City is satisfied the delay is beyond the control of the vendor. Any request for time extension must be in writing and approved by the City’s authorized representative.

All deliveries are to be FOB Destination to the location listed on the purchase order or price agreement unless otherwise specified. Bidders may be requested to provide separate pricing for delivery of all items in this solicitation.

21. THIRD PARTY FREIGHT SERVICE: The City of Olathe may, at its discretion, use a third party freight service to arrange for delivery of the goods ordered as a result of this solicitation. In this case, the freight terms will be FOB Destination/Third Party Prepaid.

22. PRICE CHANGES ON CONTRACTS: If this solicitation is for an estimated quantity of supplies, consideration in awarding bid for yearly contracts will be given:

• First to bidder offering firm prices for full contract period; and

• Second to bidder offering firm prices subject to market price adjustment.

23. COPYRIGHT OR PATENT RIGHTS: By submitting the bid, bidder signifies that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of the bid, and bidder agrees to hold the City harmless from any and all liability, loss, or expense caused by any such violation.

24. CONFLICT OF INTEREST: The contractor, by signing the affidavit form in the solicitation or by acceptance of any purchase order resulting from this solicitation, certifies that to the best of their knowledge or belief, no elected or appointed official of the City is financially interested, directly or indirectly, in the purchase of the goods or services specified on this order or in the contract.

25. TAXES: The City of Olathe is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request; Kansas Tax Exempt No. KS6XLFHVA1, exp 10/01/2028.

26. MANUFACTURER’S CERTIFICATION: The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid. Failure to provide any requested certification may result in rejection of bid or termination of contract for which the bidder must bear full liability.

27. PERSONNEL PRACTICES: Successful bidder must comply with K.S.A., 44-1030 et. seq. mandatory provisions of the

Kansas Acts Against Discrimination as applied to state and local government contracts, which: (1) prohibits discrimination against any person in the performance of work under this contract because of race, religion, color, sex, national origin or ancestry; (2) requires solicitations or advertisements for employees to include the phrase “equal opportunity employer”; and (3) allows the City to terminate their contract for default if provisions of the act are violated.

Chapter 2.44 of the Olathe Municipal Code also prohibits discrimination against individuals in the performance of this contract as a matter of concern to the City, since such discrimination threatens not only the rights and privileges of the inhabitants of the City, but menaces the institutions and foundations of a free democratic state. The affirmative action program is designed to insure a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to race, color, creed or religion, physical handicap, national origin or sex.

All bidders who are awarded a Class I Contract ($25,000 or more in aggregate) are required to complete a Questionnaire on Personnel Practices for the City of Olathe, 200 West Santa Fe, Olathe KS 66061, 913-971-6493. Form must be completed and approved by the City before contract for goods or services is in effect.

The City of Olathe actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e. citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The contractor shall establish appropriate procedures and controls so no services or products in response to this IFB will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

28. TERMINATION: Subject to the following provisions, any contract resulting from this solicitation may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service is in progress but not completed as of the date of termination, then said contract may be extended upon written approval of the City until said work or services are completed and accepted. Types of termination include:

1. Termination for Convenience In the event that the contract is terminated or cancelled upon request and for the convenience of the City, without the required thirty (30) days advance written notice, then the City shall negotiate reasonable termination costs, if applicable.

2. Termination for Cause Termination by the City for cause, default or negligence on the part of the contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of termination for cause.

3. Termination Due to Unavailability of Funds When funds are not appropriated or otherwise made available to support continuation of performance, the contract shall be cancelled at the discretion of the City.

29. W-9 REQUIREMENT: The City of Olathe requires a Form W-9 (Request for Taxpayer Identification Number and

Certification), updated annually, from all contractors that do business with the City of Olathe. The Form W-9 verifies the Tax Identification Number of the contractor so the City can correctly report to the IRS all funds paid to the contractor. A W-9 Form must be completed as a part of the vendor registration process on Bonfire. Form W-9 can also be found at http://www.irs.gov/pub/irs-pdf/fw9.pdf. Payment shall not be made to contractor without a current W-9 form being filed with the City of Olathe.

30. DEFAULT OF CONTRACT: In case of default by the contractor, the City may procure the items or services from other sources and hold the contractor responsible for any excess costs caused by such procurement. Failure of a bidder to furnish the equipment, supplies, material, and/or services as specified is cause for elimination of the bidder from the active bidder’s list for the products or services concerned.

31. BID BOND: If required in this solicitation, bidders shall include a bid guarantee in the form of a bid bond, certified check, or cahier’s check in the amount of five percent (5%) of the base bid, payable without condition to the City of Olathe.

Personal or company checks are not acceptable. The bid bond shall be accompanied by a power of attorney showing the authority of the person executing the bond on behalf of the surety company. Failure to include a bid bond or bid guarantee request with your bid submittal may be cause for rejection of your bid. Bid guarantees (submitted by certified or cashier’s checks) will be returned to unsuccessful bidders when the successful bidder is determined, and the contract is executed.

32. PERFORMANCE BOND: At the discretion of the Procurement Manager, a performance bond may be required under the contract resulting from this solicitation. Such bond must be of a type and amount suitable for the nature of the commodity or services purchased and the dollar amount of the contract as indicated in this solicitation. The performance bond shall be for the duration of the contract, guaranteeing the faithful performance of the contract, and otherwise conditioned as required by law. Performance bond shall be accompanied by a power of attorney showing the authority of the person executing the bond on behalf of the surety company. Bond forms must be executed with a surety company licensed to do business in the State of Kansas. The cost of the bond shall be included in the bidder’s offer.

33. MODIFICATIONS FOR CHANGES: No agreement or understanding to modify this solicitation and resultant purchase orders or contract shall be binding upon the City unless made in writing by the Procurement Manager of the City of Olathe.

34. ORDER OF PRECEDENCE: In the event of an inconsistency between provisions of the solicitation, the inconsistency will be resolved in the following order: (a) the schedule; (b) Instructions to Bidders and General Conditions; (c) special provisions; (d) other provisions of the contract, whether incorporated by reference or otherwise; and (e) the http://www.irs.gov/pub/irs-pdf/fw9.pdf specifications.

35. WARRANTY: Supplies or services furnished because of this solicitation shall be covered by the most favorable commercial warranties, expressed or implied, that the bidder and/or manufacturer gives to any customer. The rights and remedies provided herein are in addition to and do not limit any rights afforded to the City by any other clause of this bid. The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid.

36. PURCHASING CARDS: The City of Olathe has implemented a procurement card program to streamline its purchasing process and to expedite payments to its suppliers. We encourage your acceptance of the City’s VISA P-card. Payments made to the successful bidder of this solicitation process will, if possible, be by use of a VISA Purchasing Card.

37. PAYMENT: Payment for materials or services received under this contract will be made upon completion of delivery for each purchase order and submission of invoice to the Accounts Payable Division, apolathe@olatheks.org or mail to PO Box 768, Olathe KS 66051-0768. Normal pay periods for the City is every other Friday.

38. GOVERNING LAW: Any agreement resulting from this solicitation shall be interpreted under and governed by the laws of the state of Kansas.

39. DEBARMENT AND SUSPENSION: Contractor hereby certifies they are not debarred, suspended or otherwise excluded from holding contracts involving federal funds, and is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

39. ESCALATION/DE-ESCALATION CLAUSE: In the event prevailing market conditions warrant an adjustment in contract pricing, the following escalation/de-escalation clause shall be the only clause acceptable to the City:

1. Contractor shall give written notice to the Procurement Manager of any proposed changes from contract prices not less than fifteen (15) calendar days prior to the effective date of price changes.

2. Such notice must be accompanied by a copy of the supplier’s notification to the contractor of a justifiable price change.

3. No price escalation will be authorized for more than the amount of the increase indicated on the supplier’s notice.

4. The approved price change shall be honored for all orders received by the contractor after the effective date of such price change.

5. Approved price changes are not applicable to orders already issued and in process at time of price change.

6. The City reserves the right to audit and/or examine any pertinent books, documents, papers, records, or invoice relating directly to the price increase after reasonable notice and during normal business hours.

7. The Procurement Manager retains the right to determine whether such proposed price changes are in the best interests of the City.

8. If in the opinion of the Procurement Manager any proposed increase is found unacceptable, the Procurement

Manager reserves the right to cancel the contract upon fifteen (15) calendar days’ written notice.

9. Contractors must tie any price change clause to an industry-wide or otherwise nationally recognized index or some other form of verifiable document. Contractor will put the Procurement Manager on the mailing lists for such publications so the Procurement Manager can monitor said changes. Such membership will be at no cost to the City.

10. If parties to the contract cannot agree on renewal terms, it is understood that the contract will be cancelled, and a new contract will be solicited.

40. CERTIFICATE OF GOOD STANDING: All contractors awarded a contract in the amount of $25,000 or higher are required to submit a current Kansas Certificate of Good Standing to the City with a valid verification code, upon award of contract. The Certificate is issued by the Kansas Secretary of State’s Office and affirms that a business has complied with the applicable provisions of the laws of the state of Kansas, is in good standing, and authorized to transact business or to conduct affairs within this state. Access the Kansas Secretary of State website at http://www.sos.ks.gov/other/articles_of_formation.html for information. Kansas companies can file online. Foreign companies cannot yet file online. Foreign companies would need to complete and submit the FA, FL, FLLP, or LPF forms to receive the information needed to register with the Secretary of State then get a Certificate of Good Standing thereafter. You may call the Kansas Secretary of State office at 785-296-4564 if you have questions.

41. ADDITIONAL INFORMATION: Additional information may be obtained from the Procurement Division Office at

(913) 971-9005 or www.olatheks.org.

mailto:apolathe@olatheks.org http://www.sos.ks.gov/other/articles_of_formation.htmlf http://www.olatheks.org/

By signing below, I hereby acknowledge that I have reviewed, understand, and agree to be bound by all terms and conditions set forth above.

By: ___________________________________________________

Printed Name: _________________________________________

Attachment D – Sample Contract and Insurance

CITY OF OLATHE AGREEMENT

THIS AGREEMENT is made in Johnson County, Kansas, by and between the City of Olathe, Kansas, hereinafter "City," and __________ (INSERT LEGAL NAME OF VENDOR), hereinafter "Vendor" (each individually a “Party” and collectively, the “Parties”).