RFP 15045.pdf

CITY OF MADISON

REQUEST FOR PROPOSALS

RFP #: 15045-0-2026-BG

Title: Recreational Services and Placemaking in Madison Parks

City Agency: Parks Division

Due Date: Tuesday, September 1st, 2026

2:00 PM Central Time

Our Madison – Inclusive, Innovative, & Thriving

REQUEST FOR PROPOSALS RFP 15045-0-2026-BG

RFP 15045 cjr (DEV Edits) v2.docx Page i

1 OPPORTUNITY AND WELCOME

Thank you for your interest in bidding on a City of Madison contract opportunity. The City’s mission is to provide the highest quality service for the common good of our residents and visitors.

The City of Madison Parks Division is seeking proposals from qualified vendors for Recreational Services and Placemaking in Madison Parks.

The Parks Division is seeking to partner with organizations to provide recreational and placemaking services that attract positive activities in its parks and enhance the park visitor experience. The Parks Division strives to provide affordable opportunities for recreational experiences, however, does not itself offer many recreational programs. Instead, the Parks Division relies on community partners to provide and manage park-based recreation and placemaking activities.

This RFP seeks new or expanded recreation ideas that align with City’s commitment to equity, inclusion, innovation, and well-being. These services may include but are not limited to instructional programs, concession operations, and other innovative community, recreation, and park placemaking concepts. The purpose of this RFP is not to replace the current Parks Division permitting process or currently existing agreements. Successful programs will typically be longer-term in nature, and do not fit neatly into the existing park permitting framework.

The RFP is open to proposals in locations across the park system, provided that they don’t conflict with or directly compete with existing uses. Areas of particular interest include parks that will see the most positive impact from a new or expanded activity. Successful responses will demonstrate how they bring a diverse range of people together, increase time spent outdoors, complement existing park uses and consider environmental sustainability and stewardship.

The entity proposing the activity should have the resources to implement the program in its entirety as the Parks Division is unlikely to provide any direct funding. Any capital improvements funded by the proposer and be pre-approved by the Parks Division. Proposals that request City contributions through capital or operating funds may include this in their proposal, but are unlikely to be recommended for approval due to budgetary constraints. Approved proposals will be formalized through an Agreement Document presented to the City of Madison Common Council and the Board of Park Commissioners.

The successful Proposer(s) will compensate the City in return for the ability to provide services in its parks, will meet the City’s requirements for operations and abide by the City’s terms and conditions set forth in this solicitation and also in the resulting agreement, if issued.

Proposers should note that the City of Madison has an existing agreement with Madison School and Community Recreation (MSCR) to provide recreational services in City parks. Proposals that directly compete with existing MSCR programming in Madison Parks will not be considered.

Thank you for considering this opportunity to work with the City and further our mission!

2 IMPORTANT INFORMATION

DEADLINE FOR PROPOSALS: Tuesday, September 1st, 2026 at 2:00 PM Central Time.

The City will not accept late proposals. Any changes to the deadlines will be posted as an addendum on the bid distribution websites listed below. See Section 3.1 for instructions for using these websites.

RFP NAME: Recreational Services and Placemaking in Madison Parks

DEADLINE FOR

QUESTIONS:

The deadline for questions is Friday, July 31st, 2026 at 2:00 PM Central Time. Questions and/or inquiries must be submitted by email.

https://www.cityofmadison.com/vision-awards

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CITY’S ANSWERS

POSTED BY:

The City’s answers to your questions will be posted as an addendum by Tuesday, August 11th, 2026. You must check the bid distribution websites for any addendums.

DUE DATE FOR

PROPOSALS:

Tuesday, September 1st, 2026 2:00 PM Central Time

BID DISTRIBUTION

WEBSITES:

https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/

CONTACT

INFORMATION:

Brittany Garcia Purchasing Services 210 Martin Luther King, Jr. Blvd. Room 407 City-County Building Madison, WI 53703-3346

Phone: (608) 608-243-0529 Email: bids@cityofmadison.com https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ mailto:bids@cityofmadison.com

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Table of Contents

1 OPPORTUNITY AND WELCOME .................................................................................................... i 2 IMPORTANT INFORMATION ........................................................................................................... i

3 HOW TO FIND RFP DOCUMENTS AND CONTACT THE CITY OF MADISON

Official Bid Distribution Websites – IMPORTANT Contact Information

4 OUR PURCHASING VALUES

Local Preference Purchasing Policy Equity in Contracting Equitable Hiring & Affirmative Action Plan Limitations on Nuclear Weapons Producers Sweatfree Purchasing

5 SCOPE OF WORK AND REQUIRED INFORMATION

Goals of the RFP Categories of Responses and Benefits to Partners Locations Required Information and Content of Proposals Basis for Selection

6 HOW TO SUBMIT YOUR PROPOSAL

Proposal Checklist Submit your Proposal by the Deadline Format Questions Addendum (Changes or Clarifications to this RFP) Multiple Proposals Changing or Withdrawing your Proposal Correcting Errors in your Proposal after the Due Date No Exceptions from Bidders

You are Responsible for all of your Costs in Making a Proposal Public Records and Trade Secrets

7 RULES FOR THE SELECTION PROCESS

8 LEGAL CONTRACT REQUIREMENTS

Sample Contract Affirmative Action Requirements for Contractors Insurance

Sample Park Use Agreement

Form A: References

Form B: Vendor Profile

3 HOW TO FIND RFP DOCUMENTS AND CONTACT THE CITY OF MADISON

Official Bid Distribution Websites – IMPORTANT

The City of Madison posts all requests for proposals (RFPs), addendums, updates, awards, and announcements on two websites: VendorNet and DemandStar. Both sites are free to register for City of Madison bids.

These two websites are the only places to get the official RFP and updates to the RFP.

Updates and addendums will only be posted on these websites. It is your responsibility to check the websites for updates and “addendums.” An addendum is a document that answers questions from bidders. It could make important changes to the RFP. If the addendum requires a response, and you fail to respond to it, you could be disqualified.

State of Wisconsin VendorNet System

State of Wisconsin and local government bid network. Registration is free. Search for City of Madison in the Agency search field.

VendorNet link https://vendornet.wi.gov/Bids.aspx

DemandStar by Onvia National bid network. Free subscription is available. Sign up for the free “Basic Plan” and select Wisconsin Association for Public Procurement (WAPP) as the agency to access City of Madison RFPs.

DemandStar link https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75- 86ec-401cd5abf736/

Register on DemandStar www.demandstar.com/app/registration

Contact Information

City of Madison Purchasing Contact (Buyer)

Brittany Garcia Purchasing Services 210 Martin Luther King, Jr. Blvd. Room 407 City-County Building Madison, WI 53703-3346

PH: (608) 608-243-0529

bids@cityofmadison.com

Questions about Affirmative Action Plans

Contract Compliance, Department of Civil Rights 210 Martin Luther King, Jr. Blvd. Room 523 City-County Building Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com

Email note Some email to the City gets lost in “spam.”

If you send the City an email and you do not hear back within 3 days, please call the Buyer at (608) 608-243-0529.

https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/registration mailto:dcr@cityofmadison.com

4 OUR PURCHASING VALUES

Local Preference Purchasing Policy

The City of Madison gives preference to local vendors and suppliers. You must be registered with the City as a local vendor by the RFP due date to get preference points. Learn more and register at the City of Madison website: www.cityofmadison.com/finance/purchasing/local-businesses/register-business/

If you are a local vendor, be sure to complete the Local Vendor section on Form C.

Equity in Contracting

The mission of the City of Madison is to provide the highest quality service for the common good of our residents and visitors. The City’s values include

• Equity - fairness, justice and equal outcomes for all, and

• Shared prosperity - where all are able to achieve economic success and social mobility.

It is our goal to spend money equitably, including among businesses owned by women, people of color, and small businesses. Our contractors should reflect shared dedication to equity in their work and employment practices, and we invite you to become part of this mission!

Equitable Hiring & Affirmative Action Plan

Affirmative Action Plan The City of Madison values diversity in hiring and contracting. We expect our contractors to do the same. Contractors with 15 or more employees and more than $50,000 in annual contracts with the City (each calendar year) must submit an Affirmative Action Plan.

Information about the Affirmative Action Plan and how to comply is found here:

https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers

Or call the Affirmative Action Division at (608) 266-4910.

See Section 13. B. of the Sample Contract for Affirmative Action Plan requirements.

Job Openings in Dane County You must notify the City of openings for jobs in Dane County, Wisconsin if you have 15 or more employees. You must agree to interview candidates that we refer to you through our Referrals and Interviews for Sustainable Employment (RaISE) program. Information is here:

http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program

The job posting requirement is found in Section 13 A. of the Sample Contract.

Limitations on Nuclear Weapons Producers

It is the City’s policy not to make purchases from companies that produce nuclear weapons, or their subsidiaries. See Common Council Resolution 79719 for more information.

Sweatfree Purchasing

It is the City’s policy not to purchase apparel (clothes made from textiles, shoes, footwear) from vendors who source their materials from sweatshops, where labor practices are inconsistent with international standards of human rights. See Madison General Ordinances Section 4.25 (https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1-- 10_CH4FI_4.25PRITAP) for more information.

https://www.cityofmadison.com/finance/purchasing/local-businesses/register-business/ https://www.cityofmadison.com/vision-awards https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program https://madison.legistar.com/ViewReport.ashx?M=R&N=Text&GID=205&ID=5490426&GUID=A7280DE2-DFCB-40F2-8200-E9C3EA95902B&Title=Legislation+Text https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH4FI_4.25PRITAP https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH4FI_4.25PRITAP

5 SCOPE OF WORK AND REQUIRED INFORMATION

Goals of the RFP

1. Activate parks with welcoming, positive programming. Increase the number and diversity of parks that offer activities, drawing a broad range of community members into parks across the system.

2. Advance equity, inclusion, and community connection. Prioritize proposals that serve underrepresented or underserved populations, improve access for people with disabilities, offer affordable or free participation, and bring people together across the community.

3. Establish a sustainable, accountable partnership process. Create a clear framework for evaluating, approving, and measuring long-term recreational and placemaking programming in parks, including defined success indicators and ongoing reporting.

Categories of Responses and Benefits to Partners

This RFP anticipates two categories of responses:

1. Community-based programs that do not charge participants a fee.

2. Vendor or business programs that charge participants a fee.

Benefits for selected partners include:

1. Standard reservation and permit fees may be reduced or waived for community-based programs.

2. Standard fees potentially modified for vendor or businesses programs demonstrating tangible community benefits.

3. Priority reservations and/or set aside space within the parks.

4. In some circumstances, equipment or set up materials may be left in the park for extended periods of time.

4. Recognition as a partner of Madison Parks.

5. Invitation to attend the annual volunteer celebration, if applicable.

6. Priority approval for continuation of activity for up to three years.

Working through an RFP and Agreement process allows the Parks Division the flexibility to approve activities outside of the standard reservation process and fee structure, as well as set unique parameters that meet the needs of the community and partnership.

Locations

The RFP is open to concepts in locations across the park system, and all locations will be considered. Areas of particular interest include parks that will see the most positive impact from a new or expanded activity. Also, programs in parks that have an assigned City of Madison Neighborhood Resource Team (NRT) or share similar demographics are of interest.

NRT park locations include: Aldo Leopold Park, Allied Park, Arbor Hills Park, Badger Park, Berkley Park, Cypress Spray Park, De Volis Park, Elver Park, Greentree-Chapel Hills Park, Hammersley Park, Lerdahl Park, Lucy Lincoln Hiestand Park, Meadowood Park, Marlborough Park, Newville (Kenneth) Park, Owl Creek Park, Penn Park, Pilgrim Park, Rimrock Park, Sheridan Triangle Park, Warner Park, and Worthington Park.

Required Information and Content of Proposals

The following questions must be answered in no more than six (6) typed pages (Arial 10 pt. font minimum). Maps or diagrams are not included in this page limit. Questions are grouped to match the evaluation criteria in Section 5.5.

Organizational Background (20%)

1. Briefly describe your organization’s background and history.

2. What is your organization’s mission statement, and how does it align with the Parks Division’s mission?

3. What is the size of your organization (local, regional, national, international) and what is the address of the office from which this engagement will be managed?

4. Describe your organization’s staffing structure and key team members, including titles, roles, responsibilities, and an organizational chart. Identify the primary contact.

5. Describe the certifications required for each staff classification (e.g., CPR/First Aid, professional certifications for instructors).

6. If you will use subcontractors or partners, describe the relationship between the parties.

7. How many years has your organization provided these or similar services, and where has this work been done previously? What were the outcomes?

Proposed Recreation Activities, Program or Placemaking Concept (35%)

1. Describe the concept. What activity or service are you proposing?

2. What are the benefits to the community that this proposal provides?

3. How does it bring people together to form relationships and increase time spent outdoors?

4. Which park or parks are you proposing to use? Why is(are) this location(s) the right fit?

5. Is the proposed park currently underutilized? If so, how does your program address this?

6. What is the proposed schedule and calendar of activities?

8. Provide a map showing your proposed setup in the park, including where items will be placed and whether they will remain during non-programmed times.

9. Is the proposal innovative and creative? Describe what makes it distinctive from existing programming.

10. What maintenance will you provide for the park to offset the increased use generated by your program?

11. What impacts will the program have on the surrounding neighborhood (e.g., parking, noise), and how will those impacts be mitigated?

Equity, Access, and Community Reach (20%)

1. Describe the demographics of the community you expect to participate in and benefit from your program.

2. Does your proposed location serve a Neighborhood Resource Team (NRT) area or a community with similar demographics? Describe the connection.

3. How will you ensure accessibility for people with disabilities (ADA compliance)?

4.

3. How will you conduct community outreach, and what is your marketing strategy?

4. What fees, if any, will participants be charged? How will participants sign up and access the program?

5. Does your proposal include scholarships or sliding-scale fees to ensure broad access?

6. How broad or narrow is the community that benefits from this program?

Accountability, Measurement and Reporting (20%)

1. How will your organization define and track success indicators for this work? What specific metrics will you use?

2. How will your organization track and report attendance?

3. What is your expected timeline for implementation? Is this timeline realistic given your current organizational capacity?

4. For revenue-generating programs: describe the financial structure of the proposal, including how revenue will be shared with or reported to the Parks Division.

Basis for Selection

Evaluation Criteria Evaluation Factors

Organizational Background (20%)

Years of experience; staff qualifications and certifications; demonstrated ability to deliver similar services in other locations; number of people served.

Proposed Recreation Activities, Program or Placemaking Concept (35%)

Alignment with the City’s goals of equity, inclusion, innovation, and well-being; whether the proposal brings people together in positive activities; breadth of community served; for revenue generating programs, will it generate revenue returned to the Parks Division.

Whether the proposal is functional for the park; whether it addresses maintenance and infrastructure needs; innovation and creativity;

realistic timeline and ability to start programming; whether the schedule is viable; long-term viability of the program.

Equity, Access, and Community Reach (20%)

Whether the proposed location serves an NRT area or underserved demographics; ADA accessibility; affordability, scholarships, or sliding-scale fees; whether the park is currently underutilized. Quality of the marketing plan; ability to implement marketing plan independently;

incorporation of partnerships and outreach with local organizations;

strategies to reduce negative impacts on neighbors and current park users are identified and realistic.

Accountability, Measurement and Reporting (20%)

Clarity of success indicators and measurement methods; ability to track and report attendance; realistic implementation timeline.

Local Vendor (5%) Preference given to local vendors.

6 HOW TO SUBMIT YOUR PROPOSAL

Proposal Checklist

Submit your Proposal by the Deadline

Submit your proposal by email to City of Madison Purchasing Services by Tuesday, September 1st, 2026 at 2:00 PM Central Time.

• Make sure your proposal is complete (see checklist above) and readable.

• Include RFP 15045-0-2026-BG in the email subject line.

• Email proposals to: bids@cityofmadison.com

• Do not send your proposal to any other City email or agency

• If you cannot send your proposal by email, please contact the Buyer at (608) 608-243-0529

You must include RFP 15045-0-2026-BG on your proposal and all other communication to the City. For email, include RFP 15045-0-2026-BG in the subject line.

For example, an email subject line could read: RFP 15045-0-2026-BG Recreational Services and Placemaking in Madison Parks Questions

Format

• Electronic – proposals are submitted electronically. Exceptions can be made for paper submittals but you must contact the Buyer ahead of time to make those arrangements.

Required Documents to Submit:

Your Technical Proposalas described in Section 5.4

Required Forms to Submit:

RFP ADDENDUM

Check the bid websites for any addendum. See Section 3.1.

• You can use the area below to track addendums.

• An addendum might require you to submit additional documents. Make sure to read it carefully and send any additional documents.

Addendum # (if any) Have you read it?

Have you submitted any documents required by the addendum?

Addendum # _______

Addendum # _______

• Legible and readable – if not the City might reject it.

• Simple – not necessary to include elaborate/ high tech/ expensive graphics or similar features.

• Complete – your proposal must include all required sections and forms. See checklist.

Questions

You can ask questions about the RFP until the deadline for questions of Friday, July 31st, 2026 at 2:00 PM Central Time.

Email questions to Brittany Garcia at bids@cityofmadison.com. Remember to include RFP 15045-0- 2026-BG in the subject line.

Any questions that are asked in person, over the phone, or on-site visits, and subsequently answered by City staff are considered "off the record" and "unofficial". The only official answers must be submitted through email and answered on the addendum(s).

We post answers to bidder questions as an addendum on the bid websites. Check the websites regularly.

Addendum (Changes or Clarifications to this RFP)

RFP addendums make clarifications, answer bidder questions, make changes to RFP timeline, and provide other important information. Addendums are posted on the bid websites listed in Section 3.1.

IMPORTANT: It is your responsibility to check for addendums. An addendum might require you to submit additional information. Your proposal could be disqualified if you do not:

• Check the bid websites regularly during the posting period

• Read all addendum

• Follow the instructions in the addendum

Multiple Proposals

You may submit more than one proposal if you are proposing more than one way to fulfill the scope requested by this RFP. If so, each proposal must meet the requirements of the RFP. Clearly label each proposal by number (Proposal #1, Proposal #2) and submit each separately.

Changing or Withdrawing your Proposal

You may make changes to your proposal before the due date of Tuesday, September 1st, 2026 at 2:00 PM Central Time.

You may withdraw your proposal before the due date. After the due date, no proposals may be withdrawn for 90 days or as otherwise provided by law.

Correcting Errors in your Proposal after the Due Date

The City will notify you if we believe you made an error in your proposal and may allow you to correct the error. The City will decide if correcting the error is in the City’s best interest, is fair to the other bidders, and preserves competition. The City will decide whether an error can be corrected and will notify you.

No Exceptions from Bidders

Exceptions to this RFP are not permitted. The City of Madison reserves the right to reject bids that take exceptions or don’t follow the requirements of this RFP. If you ask to change the requirements, specifications, sample contract, or legal terms, that is considered an “exception.” A statement that you will not or cannot comply with any part of this RFP or the sample contract will also be considered an “exception.” (If this RFP allows substitutions or alternate solutions, the Scope of Services (Section 5) will make this clear, and that is not considered an “exception.”)

You are Responsible for all of your Costs in Making a Proposal

You participate in this RFP at your own expense. You may be asked to attend virtual or in-person meetings, make presentations, give demonstrations, inspect City locations, or make your facilities available for a site inspection. The City will not pay any costs incurred in your preparation of bids, even if this RFP is changed or cancelled.

Public Records and Trade Secrets

Your response to this RFP is a public record. Wisconsin and other public records laws may require the City to share your proposal or the resulting contract if someone makes a public records request. If a public records request is made, the City’s Records Custodian applies the law to decide whether the record must be disclosed, or if any part of the record can be redacted or not disclosed. There are very few exceptions to disclosure under Wisconsin law. One exception is for “trade secrets” as defined by sec.

134.90(1)(c) of the Wisconsin Statutes. It is your responsibility to research trade secrets as defined by Wisconsin law if you think any part of your proposal might be a “trade secret.” The City cannot give private legal advice to you. Most things will NOT meet this exception.

You may label items you believe meet this definition as a “trade secret” and submit them separately from the rest of your proposal, but the City cannot guarantee that information will be treated as a trade secret or confidential.

Things that are not considered confidential: your proposal or bid in its entirety, price proposal, pricing information, references, or the resulting contract. This is not a complete list.

Preserving competition: To the extent permitted by law, the City intends to withhold proposals under this RFP from public view until competitive or bargaining reasons no longer require it, in the City’s opinion. At that time, all proposals will be available for review in accordance with public records laws.

The City will not provide advance notice to bidders prior to releasing any requested public record.

7 RULES FOR THE SELECTION PROCESS

This RFP does not commit the City to award a contract. The City can cancel this RFP at any time. There is no guarantee that the City will award any contract as a result of this RFP. While the City considers this procurement important to City operations, the circumstances could change.

The City might make a partial award. By submitting a proposal you are willing to accept an order for all or part of the items/services. Note in your proposal if you do not agree to accept a partial award.

The City reserves the right to make changes to this RFP. Any changes will be made with an Addendum. Changes could impact due dates or specifications, or could require additional information from all bidders.

The City reserves the right to reject any proposal. We can reject all or part of a proposal without explaining the reason. Proposals could be rejected if they are missing information (non-responsive) or fail to demonstrate that the bidder is responsible and capable of doing the work (not responsible.)

The City may negotiate with finalists or the selected vendor. One or more bidders may need to submit additional technical proposals, best and final price proposals, or other changes to their bids.

Federal or State Laws may apply to this RFP (such as federal regulations or procurement policies that apply to grant funding). Those laws will apply over any conflicting procedure in this RFP.

Responsible and Responsive Bidders You should read the Scope of Work (Section 5) carefully to determine your ability to perform and complete the work required. This contract will only be awarded to a bidder who is “responsible” and “responsive” and whose bid is most advantageous to the City, with price and other factors considered. This RFP is designed to help the City select responsive and responsible bidders.

“Responsive” means that your proposal responds to all parts of this RFP – it is complete, not missing any information, and addresses all of the required work. Failure to provide all of the information requested in this RFP could result in being considered “not responsive.”

A “Responsible” bidder has demonstrated the ability to perform successfully under the terms of the proposed contract. This includes having adequate financial resources or the ability to obtain them; can perform and deliver on time, delivery taking into account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills. A bidder that cannot demonstrate these things may be considered “not responsible.”

Contractors with past problems with the City The City reserves the right to refuse to accept any bid from any person, firm or corporation who

• owes the City money

• is in default to the City

• has been debarred through an official process such as through the Department of Civil Rights

• has had performance or other problems on past contracts with the City

Such bidders may be deemed “not responsible.”

8 LEGAL CONTRACT REQUIREMENTS

Sample Use Agreement

You must review the Sample Use Agreement attached to the end of this RFP. This agreement will be used for the work resulting from this RFP.

By submitting a proposal, you are willing to enter into an agreement with the terms found in the Sample Use Agreement. Exceptions to the legal terms are not allowed and may result in your proposal being rejected. The City does not negotiate legal terms prior to award.

*While the City strives to provide the most appropriate sample use agreements, the City reserves the right to modify the form for any contract resulting from this RFP.

Affirmative Action Requirements for Contractors

City contractors must show they hire and promote employees equitably and make their best efforts to have a diverse workforce.

Affirmative Action Plan: Bidders with 15 or more employees that will earn $50,000 or more in total contracts with the City in the calendar year must file an Affirmative Action Plan (AA plan) with the City.

Submit your AA plan online using the form provided by the City. See the sample AA plan for “vendors and suppliers” at: https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers

Exemptions: Bidders who have fewer than 15 employees or will earn less than $50,000 in total contracts with the City in the calendar year will be exempt from filing a full AA plan. You will need to fill out a request for exemption form. If you have 15 or more employees, you must complete an exemption form, provide some workforce statistics, and participate in the “RaISE” program.

Release of Payment: The City cannot make any payments under a contract until the Affirmative Action plan or request for exemption form are completed.

Referrals and Interviews for Sustainable Employment (RaISE) Program: The RaISE program is designed to match qualified people to employment. If you have 15 or more employees and are awarded the contract, you must let the City know about all external job openings in Dane County, Wisconsin. You must also agree to interview candidates the City refers to you. See this link for information and instructions: https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program

The City has a Small Business Enterprise program described here:

https://www.cityofmadison.com/civil-rights/contract-compliance/targeted-business-enterprise-programs.

You will be encouraged to provide opportunities for small business enterprises (SBE) to compete for any subcontracts allowed in the contract.

See the Sample Contract, section 13, for all requirements for the City’s Affirmative Action program for contractors. Call the Contract Compliance Specialist at (608) 266-4910 with questions.

Insurance

All City contractors must provide a Certificate of Insurance. You must carry the insurance policies required by section 27 of the Sample Contract. This includes general liability insurance, workers compensation, and could include automobile and professional liability insurance. Please see the instructions and section 27 of the Sample Contract for the insurance requirements.

https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program https://www.cityofmadison.com/civil-rights/contract-compliance/targeted-business-enterprise-programs

RFP 15045 cjr (DEV Edits) v2.docx (6/23/2026)

SAMPLE PARK USE AGREEMENT

Between the City of Madison and Vendor

THIS AGREEMENT, entered into by and between the City of Madison, a municipal corporation (hereinafter referred to as “City”), and Vendor (hereinafter referred to as “Permittee”), is effective as of the date by which all parties have signed hereunder.

WITNESSETH:

WHEREAS, for many years, vendors have entered into agreements with the City allowing vendors to provide recreational and concession services to City residents and visitors at City shelters and facilities located at numerous City parks, which agreements are in the public’s interests as they facilitate greater access and enjoyment of the City’s lakes and recreational opportunities; and, WHEREAS, the vendors provide services to City residents and visitors, such as canoeing, kayaking, and boating lessons, watercraft rentals, kids camps, and food and general concessions, that the City does not, and cannot, otherwise provide at these, or other, locations, but which are in the public’s interest; and, WHEREAS, it is in the City’s interest to have only one vendor of these recreational and concession services at each Park to ensure that general public’s use of the Park is not interfered with, and that the vendor complies with general standards of safety and care in its dealings with the public; and, WHEREAS, in order to find a vendor who can best provide these recreational and concession services at City parks consistent with City standards and interests, the City issued a Request for Proposals for the Right to Conduct Rental, Instructional Service and Concession Activities at Select City Parks, including __________ Park; and, WHEREAS, Permittee’s proposal to operate recreational and concession services at _____________ Park was accepted by the City and approved by the Board of Park Commissioners; and, WHEREAS, there are numerous capital investments in equipment, piers, grounds, and rental and concession facilities that need to be made to provide the best and safest services possible at _____________ Park, and these improvements can only be made by the Permittee if there is a contract clarifying the relationship between the City and the Permittee (the “Parties”).

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows:

1. Purpose. The purpose of this Agreement is to set forth the terms and conditions upon which the

City will allow Permittee to use _____________ Park to conduct [enter description of uses].

The Premises is described generally as follows, and further depicted on Exhibit 1:

[enter description of use area]

2. Term; Renewal. This Agreement shall be effective for up to (X) years, from January 1, 20__ through no later than December 31, 20__. The Permittee may renew this Agreement for (X) additional years by submitting written notice of its intent to renew this Agreement to the Parks Division by November 1, 20___. The City may then decide to renew or not renew the Agreement at that time based upon the Permittee’s performance under this Agreement. The decision to renew or not renew the Agreement solely that of the Parks Superintendent, or their designee, and is not reviewable.

The City will notify Permittee in writing of its decision to renew or not renew this Agreement by

December 1, 20____. If the Agreement is renewed, the terms and conditions of this Agreement will remain in place until the Agreement is modified, terminated, or expires.

3. Grant. City does hereby grant to Permittee permission to conduct [activity] at the Premises, as set forth in this Agreement. [If applicable—The City will retain all riparian rights at the Premises and in no way does the Agreement transfer any riparian rights at _____________ Park to the Permittee.] As part of this grant, the Permittee shall have sole use of, and responsibility for [enter other facilities/structures] and [items] the Permittee builds, stores or installs. Unless approved for other uses by the Parks Division, the [enter name] shall only be used for storage. The Permittee shall have [enter other conditions of use) at _____________ Park as set out in this Agreement.

4. Improvements. During the life of this Agreement, including any renewals hereunder, the Parties agree that improvements, repairs and upgrades to the Premises (“Improvements”) may be necessary. Improvements do not include any piers, docks, storage racks, or other moveable personal property the Permittee provides to conduct its business. These items will be paid for solely by the Permittee and will remain the personal property of the Permittee, unless otherwise agreed to by the Parties. Regarding the Improvements, the Parties agree as follows:

a. Improvement Planning. All Improvements will be approved by the Parks Division and will be paid for by the Permittee.

b. Plans and Approval. Prior to making any Improvement, Permittee must notify the Parks Superintendent, or representative, in writing of the anticipated Improvement. For any Improvements of $5,000 or more (except for electrical, plumbing, or other utility service to the Premises), Permittee shall present the plans for the Improvement to the Board of Parks Commissioners, who shall either approve the Improvement, or reject the Improvement. If rejected, Permittee has no appeal rights, but may present a modified plan to the Board for reconsideration at a later date. Depending on the nature of the proposed Improvement, the Board of Parks Commissioners may require, before approving or rejecting the Improvement, an advisory opinion from the Board of Public Works.

c. Joint Participation. Upon notification of a proposed Improvement, the City may elect to participate in the project. If the City does elect to participate in an Improvement project, the Parties shall agree on each Parties’ respective share and responsibility for the project. If the City determines that public bidding requirements are applicable, the City shall manage and oversee the project and Permittee shall make whatever financial contribution is agreed upon by the Parties prior to the start of construction. However, the Parks Division may choose to participate in any or all Improvement projects by sharing the cost or undertaking the Improvements with its own staff on a case by case basis.

d. Construction. Except as provided in Subsection c, the funding and construction of any Improvement under this Section is entirely the responsibility of the Permittee, who shall be responsible for obtaining any required permits, licenses, and approvals for the improvement.

e. Donation and Acceptance of Improvements. Once the Improvements are complete, Permittee shall notify the Parks Superintendent, or designee, who shall then have the Improvement inspected. If the Parks Superintendent, or designee, is satisfied that the Improvement is consistent with the approved plans, and there appear to be no obvious defects or deficient workmanship, the City will accept the Improvement, which will be considered a donation by Permittee to the City for the use and enjoyment of City residents who use the Premises.

f. Warranties and Representations. Permittee agrees that when making Improvements, it will ensure that any and all warranties and representations made to Permittee by the builder, contractor, manufacturer, etc., regarding the Improvement, shall also extend to the City, who shall assume ownership of the Improvement once completed.

g. Ownership of Improvements. Any fixtures or Improvements made to the Premises pursuant to this Section shall be the property of the City upon completion and acceptance, where required, regardless of the source(s) of financial contributions for the improvement.

While Permittee may use the Improvements pursuant to the terms and conditions of this Agreement, Permittee has no ownership right in any of said Improvements.

5. Conditions of Use. In entering into this Agreement, the Parties agree to the following terms and conditions regarding the Permittee’s use of the Premises:

a. Services to be Provided at Premises. Permittee shall provide equipment and services to [describe activities and any other details regarding services to be provided].

b. Permits and Licenses. Permittee agrees, at its own expense, to obtain and keep current all licenses and permits necessary for the operation of Permittee’s business, including an annual Parks Vending Permit under Madison General Ordinances Sec. 8.17, and to comply with all Federal, State and City statutes, ordinances, rules and regulations applicable to Permittee’s business. Permittee agrees to obtain all required inspections by the Health Department, Fire Department or any other governmental agency that are necessary to operate the services authorized under this Agreement. Permittee shall provide the Parks Division with proof of such compliance upon request. Failure to comply with this provision shall be a default under this Agreement.

c. Equipment. City shall be responsible for providing space for [describe space if applicable].

The City shall also provide access to water and electrical service, as well as functioning bathrooms between Memorial Day and Labor Day. Permittee shall provide all other equipment necessary to operate the facility, including, but not limited to [describe Permittee equipment]. Permittee may place [describe other equipment] related to the operation of the Permittee’s business in locations approved by the Parks Superintendent, or their designee. Permittee may, solely at Permittee’s expense, install a security system in or around the the Premises. Permittee may install or use other security equipment with the written permission of the Parks Superintendent, or their designee, which equipment shall remain the property of the Permittee or the Permittee’s contractor. Upon request, Permittee shall provide the Parks Superintendent, or designee, with a current list of all the Permittee’s equipment at the Premises.

d. Special Events. Permittee may hold up to [X] special events and activities at the Premises each year with attendance of between [Y] and [Z] people. Any such special event or activity will not be charged a parks event permit fee, but other permit fees may apply depending upon the nature of the event or activity. All such special events or activities must be approved in advance by the Parks Division.

e. Shelter Use. Permittee shall have shared use of the _____________ Park Shelter with priority use for [Activities] on __________ before 4 pm. The Shelter will be left in a clean and orderly manner that is presentable for another group to hold a reservation starting at 4 pm. Permittee will remove any storage materials from the Shelter if there is another reservation (such as a wedding) that has made a reservation after 4 pm.

f. Utilities. Permittee is responsible for all utility costs (e.g. electrical, water, sewer, stormwater) related to Permittee’s operations at the Premises. The City shall remain responsible for the utility costs incurred to operate the public restrooms, the park shelter and other areas open for general public use on the Premises. The City shall provide separate metering for the utilities used exclusively by the Permittee at the [Facility] or the Parties may agree to a fixed monthly utility cost for the Permittee for each calendar year of this Agreement if separate meters are not installed. If Permittee is not billed separately for utility service, payment of Permittee’s utility costs to the City shall be made no later than 10 days of the end of the operating season. Failure to pay this amount in full, plus any accrued penalties, within 14 days of the due date, will result in a late penalty of $50 and repeated delinquency may be considered a default under Section 27 of this Agreement.

g. Product. Upon request by the Parks Superintendent or designee, the Permittee will provide a list of items and services offered for sale or rental at the Premises by Permittee, including, but not limited to [items].

h. Equipment Safety. Permittee shall maintain all of Permittee’s equipment, including safety equipment, in a safe working order at all times and store said equipment in a safe manner to prevent any unauthorized use or operation thereof.

i. Storage. Permittee may store equipment at the Premises necessary to provide the services set forth in Subsection Error! Reference source not found.. The Permittee may store equipment at [desicribe locations and restrictions] in a neat, orderly, and attractive manner as long as it does not interfere with utility or fire access or is otherwise a public nuisance.

j. Maintenance. When in operation at the Premises, Permittee shall be responsible for maintaining the portions of the Premises used by Permittee or Permittee’s invitees in a clean, safe and attractive condition. This includes keeping the grounds immediately adjacent to the Premises picked up and free of all paper and debris. [If applicable-This also includes being responsible for cleaning the restrooms at the Premises, including refilling paper products and soap, and maintaining the restrooms in a clean and sanitary condition.] Permittee agrees that should the Parks Division determine that the maintenance requirements of this Subsection are not being met after written notification and reasonable time to rectify, the Parks Division may perform or have performed additional cleaning or maintenance work, and charge the actual costs of such work to Permittee, payable within thirty (30) days of the issuance of the invoice, or as a charge against the Permittee’s security deposit.

[If applicable-Any paper products, chemicals, trash-liners, or soap used by the Permittee in the restrooms under this Subsection will be provided by the City and are required to be in accordance with the City’s Green Cleaning Program and comply with the green product standards, specifications and practices of this Program. Permittee is required to be familiar with the applicable standards of the City of Madison’s Policy for a Sustainable Green Cleaning Program. These standards are set forth in the City of Madison’s Administrative Procedure Memorandum No. 4-6, available at http://www.cityofmadison.com/mayor/apm/4-6.pdf. The failure to abide by the requirements of this Program shall be a default subject to Section 27 of this Agreement.]

k. Alterations to Premises. No modifications of any kind, or fixtures, additions or removals shall be made to the Premises without the permission of the Parks Superintendent, or their designee. Any requested modifications shall be submitted in writing to the Parks Superintendent, or their designee, outlining the need, plan, cost, desire for financial or physical assistance and whether the alteration should be considered an Improvement as set forth in Section 4 above.

l. Signage. All signs and banners, including menu boards, shall be approved by the Parks Superintendent or designee and the Zoning Administrator. Additionally, the Permittee shall post a readily observable sign at the Premises stating the Permittee’s name, the Operating Agent and contact information as set forth below in Section 23.

http://www.cityofmadison.com/mayor/apm/4-6.pdf

m. Weapons Prohibition. Permittee shall prohibit, and shall require its subcontractors to prohibit, its employees from carrying weapons, including concealed weapons, in the course of performance of work under this Agreement, other than while at the Permittee’s or subcontractor’s own business premises. This requirement shall apply to vehicles used at any City work site and vehicles used to perform any work under this Agreement, except vehicles that are an employee’s “own motor vehicle” pursuant to Wis. Stat. sec.

175.60(15m).

n. Closing Date. The closing date of the Permittee’s activities at the Premises shall be determined by Permittee, but such date shall occur no later than the Park Division’s building winterization schedule, unless arrangements for winterizing of the buildings being used by the Permittee at the Premises have been made by Permittee.

o. Surrender of Premises. Upon the termination of this Agreement under Section 27, or, in the event that this Agreement is not renewed or expires under Section 2, Permittee shall vacate and remove all personal property from the Premises no later than December 31 of the final year of the Agreement or fifteen (15) days of termination, whichever occurs first.

However, with the Superintendent’s written consent, the Permittee may have up to ninety

(90) days following termination to remove all equipment and property from the Premises.

The Permittee will deliver the facility to City in…