RFP Document.pdf

SOUTH DAKOTA DEPARTMENT OF AGRICULTURE

AND NATURAL RESOURCES

STATE FAIR PARK DIVISION

1060 3RD St. SW Huron, SD 57350

Phone: 605.353.7340 Fax: 605.353.7348 sdstatefair.com

REQUEST FOR PROPOSAL FOR CARNIVAL OPERATOR

PROPOSALS ARE DUE NO LATER THAN 5 PM CT – DECEMBER 11, 2024

RFP #:

24RFP11834

State POC: Peggy Besch EMAIL: peggy.besch@state.sd.us

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The South Dakota State Fair is seeking proposals for an experienced and qualified carnival operator in which safety is the top priority; maintenance and upkeep of rides is evident;

personnel are clean and well dressed; and the most current popular rides and games are provided for the 2025, 2026, 2027, 2028, and 2029 South Dakota State Fairs.

2025 dates are August 27-September 1. Corresponding dates in future years (always ends on Labor Day).

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The South Dakota State Fair, a division of the South Dakota Department of Agriculture and Natural Resources, is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, South Dakota Department of Agriculture and Natural Resources, State Fair Division. The reference number for the transaction is RFP #: 24RFP11834. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication November 8, 2024 Offeror Questions Due November 19, 2024 Responses to Offeror Questions November 26, 2024 Proposal Submission December 11, 2024 Anticipated Award Decision/Contract Negotiation December 19, 2024

1.4 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received at the South Dakota State Fair by the date and time indicated in the Schedule of Activities. Proposals received after the deadline will be late and ineligible for consideration. An original and one identical copy of the proposal shall be submitted.

All proposals must be signed, in ink, by an officer of the responder, legally authorized to bind the responder to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected. The sealed envelope should be marked with the appropriate RFP Number and Title. Proposals should be addressed and labeled as follows:

REQUEST FOR PROPOSAL # 24RFP11834

PROPOSAL DUE December 11, 2024 BUYER: SD Department of Agriculture and Natural Resources, State Fair Division ATTENTION: Peggy Besch 1060 3rd Street SW Huron, SD 57350

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.6 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.7 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.8 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time. No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.11 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities.

Inquiries must be emailed to Peggy Besch at peggy.besch@state.sd.us with the subject line

RFP #: 24RFP11834.

The State will respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.12 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.13 LENGTH OF CONTRACT

2025, 2026, 2027, 2028, and 2029 South Dakota State Fairs.

1.14 GOVERNING LAW AND VENUE

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement shall be in the Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

1.15 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard contract terms attached hereto as Appendix A, along with any additional contract terms as negotiated by the parties. As part of the negotiation process the contract terms listed in Appendix A may be altered or deleted. The Offeror should indicate in their response any issues they have with specific contract terms if the Offeror does not indicate that there are any issues with any contract terms then the DANR will assume those terms are acceptable to the Offeror.

3.0 SCOPE OF WORK

3.1 Contractor shall provide rides, shows, food stands, and concessions according to the description and, when applicable, in the quantities specified in this proposal. Each of the portable rides must have a current permit to operate and be operated in a safe manner.

3.1.1 Types of Rides: Spectacular, Major and Kiddie

3.1.1.1 Minimum of six (6) Spectacular Rides

3.1.1.2 Minimum of ten (10) Major Rides

3.1.1.3 Minimum of fifteen (15) Kiddie Rides

3.1.2 The proposed list of rides must include a giant wheel at least 65’ high.

3.1.3 Variations in Spectacular and Major ride categories are expected from year to year.

3.1.4 A minimum of twenty (20) and a maximum of thirty (30) games shall be supplied.

3.1.5 The number of food concessions to be supplied shall not exceed five (5). As determined by the Fair, there will be no conflicting food sales in the carnival area. All food concessions must be approved by the State at a minimum of six months in advance of the Fair.

3.1.6 The fair contracts on a regular basis with a limited number of “special attractions” outside the confines of the carnival area. These “special attractions” may include arcades, specialty attractions, physical events such as water events, and/or laser light shows.

Contractor will neither be responsible for nor share the proceeds of any Fair contracted operation outside the carnival area. The limited special attractions are not limited to those identified above.

3.2 All rides and attractions must be owned, operated, and insured by Contractor with the exception of a maximum (6) spectacular rides that may be subcontracted through a third-party vendor.

Subcontracts must adhere to the terms of this agreement in Appendix A, section 20.

3.3 Contractor shall also identify all other equipment they will provide such as electrical generators, ticket booths, light towers, entrance gates, offices, maintenance facilities, ATM etc.

3.4 It is understood and agreed that the equipment supplied by Contractor will be sufficient to properly meet all the Contractor’s electrical requirements in the carnival area. Water and sewer are available on a limited basis. Contractor agrees to carry sufficient generation equipment to handle all their carnival area requirements. Electrical cables must be placed in such a manner to provide safe passage of the public in the carnival area. Electrical cables must not cross any public roadways or walkways.

3.5 Contractor shall be responsible for providing all ticket/coupon stock.

3.6 Contractor agrees to cooperate with State personnel and auditors to check carnival ticket sales.

3.7 Contractor to pay State to assist with pre-Fair sale of ride coupons, promotion, and specialty acts (Minimum proposal of $5,500).

3.8 Contractor shall not:

3.8.1 Sell or offer as prizes: beer, wine, alcohol in any form, or energy drinks.

3.8.2 Offer cash prizes or repurchase prizes awarded in any game.

3.8.3 Offer as prizes: any live animals (except goldfish), soft drinks in any container other than plastic containers, knives, firearms, or any items that could be used as a weapon.

3.9 The State shall at all times have free access to all attractions operated under this agreement and may immediately close any attraction that the Fair in its discretion deems objectionable.

Contractor shall not stage any added attraction inside its tents, booths or other similar enclosures whether or not an additional charge is made. It is agreed that the price of admission posted at the outside entrance of each attraction shall be the entire charge made to the public.

3.10 Carnival shall conform to all local laws and ordinances, and obtain at their own expense, any permits and licenses that may be required for operation of carnival, games, and concessions.

3.11 Contractor may start set-up one week prior to the opening day of the Fair each year. Contractor will not be permitted to open or start any operation until approval is given by the State.

3.12 The Contractor will be open for operation 3 PM – 10 PM on Wednesday, 12 PM – 12 AM on Thursday and Friday, and 10 AM – 12 AM on Saturday and Sunday, at 10 AM – 7 PM on Labor Day. No deviations from these times will be allowed unless on written agreement by the State.

3.13 Contractor will offer all rides at a discount on Wednesday as mutually agreed up by Contractor and State.

3.14 All attractions and rides operated by Contractor under this agreement, exclusive of skill games and concessions, shall work on a ticket/coupon, and wristband or badge basis, requiring a set admission price or coupon count. The contractor shall submit to Fair, at least ninety (90) days in advance of opening, a complete list identifying the ticket/coupon, and wristband or badge prices and number of coupons to be charged for all attractions of any kind operated by Contractor including skill games and concessions, pursuant to agreement. Contractor shall not change any prices or coupon designations without prior notification and approval of State.

3.15 Contractor shall provide personnel and carnival management expertise.

3.15.1 Competent management philosophies, practices, and policies shall be used to ensure professional personnel actions during execution of the Agreement.

3.15.2 Management shall operate in a manner that enhances the Fair in the eyes of its patrons.

3.15.3 Contractor shall maintain one or more representatives on the fairgrounds, at all times their property is on the fairgrounds, who are authorized to take immediate action upon request of the Fair.

3.15.4 Contractor will be responsible for employees having specialized training if required by law.

3.16 Contractor shall demonstrate professionalism and assure that:

3.16.1 All games, rides, shows, and attractions open on time.

3.16.2 There is minimal or no down time for any rides, games, shows, or concessions.

3.16.3 A clean and exceptional appearance shall be maintained.

3.16.4 All signage is professional in appearance.

3.16.5 Contractor continuously maintain the area around each ride, show, food/beverage concession, and games of skill in a clean, neat, and safe condition as determined by State. After the Fair, Contractor shall also clean up all areas used to the satisfaction of the State.

3.16.6 Each person employed operating a ride, dealing with the public or servicing equipment will be fully clothed in a clean appearance, as determined by the Fair manager. At all times Contractor will ensure that employees who have regular public contact shall be attired in clean, uniform clothing.

3.16.7 Contractor enforces a no smoking rule for ride and game operators while on duty operating games or rides and within 100 feet of the attractions.

3.16.8 Contractor has and enforces a zero tolerance policy being under the influence or for possession or use of any drugs or alcohol while on duty and while on the public areas of fairground property.

3.17 Contractor will maintain clean, attractive, brightly lit rides.

3.18 Contractor will provide ride report maintenance records to Fair manager upon request. During the Fair, maintenance procedures for carnival grounds, equipment, and attractions shall be established to include routine Contractor inspection by supervising personnel with such frequency to ensure no unsightly conditions (i.e. litter, trash accumulations, marred surfaces of any kind on contractor or fair property within the defined carnival area) exist. Contractor must correct any problem within a reasonable period of time, depending on the severity of the condition.

3.19 Adequately trained personnel must be on duty to ensure that no carnival ride, game, or show will be without a minimum of one attendant at all times during scheduled hours of operation.

3.20 The daily schedule for operation of all proposed rides, games, and shows shall ensure, barring major power outages or acts of God, that no more than 5% of the total carnival operation has down-time at any given time during regularly scheduled hours of operation as identified by State, except as mutually agreed upon by State and Contractor.

3.21 During each annual Fair, carnival operation shall be subject to three Contractor performed mechanical and ride safety inspections (documented in writing, stating what was inspected, when, by whom, and the findings).

3.22 State reserves the right to contract an approved independent ride safety and games inspector(s) to conduct daily and routine inspections both prior to opening and then ongoing throughout the fair. Contractor will be required to comply with and conform to request of said inspector(s) if a ride or game is deemed unsafe.

3.23 Contractor shall provide and pay all costs of personnel, etc. necessary for the efficient operation of ticket sales, including ticket boxes and booths at no cost to the State.

3.24 Trucks, equipment, trailers, offices, etc., that cannot be reasonably located in the carnival area must be parked in an area designated by the State.

3.25 Contractor shall supply each person employed by or associated with the Contractor, an identification badge that will be honored for free admission to the fairgrounds. Persons without an identification badge will not be provided free admission.

3.26 Contractor shall work with a representative of the Fair to ensure that all vehicles authorized by the Fair will have proper access credentials for ingress.

3.27 In the event the Contractor fails to provide the number and type of rides agreed to, it is hereby agreed that the Contractor will pay the State the sum of $2,000.00 for each ride that is not provided in accordance with the terms of the Agreement.

3.28 Contractor shall work closely with State in developing and carrying out publicity and carnival promotions designed and specified to increase attendance and revenues at the Fair. Final decision for promotions to be at discretion of the State.

3.29 Contractor agrees to report and pay any and all taxes due to the State, with respect to the performance by Contractor and the rides, games and food and beverage stands under the terms of this agreement.

4 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

4.3 Provide the following information related to at least three previous and current service/contracts, performed by the offeror’s organization, which are similar to the requirements of this RFP.

4.3.1 Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

4.3.2 Dates of the service/contract; and

4.3.3 A brief, written description of the specific prior services performed and requirements thereof.

4.4 Provide the following information:

4.4.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements.

4.4.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project.

4.4.3 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration.

4.4.4 Availability to the project locale.

4.4.5 Familiarity with the project locale.

4.4.6 Proposed project management techniques; and

4.4.7 Ability and proven history in handling special project constraints.

4.5 Additionally, please provide the following:

4.5.1 Quality and quantity of rides, games, shows and other concessions:

4.5.1.1 Description and/or photographs of rides, games, shows and concessions, List of concessions (games and food) to be provided and will include name of concessions.

4.5.1.2 Listing of all spectacular, major, and kiddie rides proposed for placement at the Fair.

4.5.1.3 Age of rides.

4.5.2 Safety: Demonstration of properly licensed and mechanically sound rides for the past two

(2) years.

4.5.2.1 Emergency plan.

4.5.2.2 Current safety policies and procedures.

4.5.2.3 Past safety exposures and experiences.

5.0 PROPOSAL RESPONSE FORMAT

5.1 An original and one copy shall be submitted.

5.1.1 In addition, the offeror should provide one (1) copy of their entire proposal, including all attachments, in Microsoft Word or PDF electronic format (flash drive, USB drive, etc.)

Offerors may not send the electronically formatted copy of their proposal via email.

5.1.2 The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.2 All proposals must be organized and labeled for the following headings:

5.2.1 RFP Form. The State’s Request for Proposal form (1st page of RFP) completed and signed.

5.2.2 Executive Summary. The one-to-two-page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary.

Proprietary information requests should be identified in this section.

5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.2.3.1 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements.

This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.2.3.2 A specific point-by-point response, in the order listed, to each requirement in the RFP. The response should identify each requirement being addressed as enumerated in the RFP.

5.2.3.3 A clear description of any options or alternatives proposed.

5.2.4 Cost Proposal. Cost will be evaluated independently from the technical proposal.

Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered.

See section 7.0 for more information related to the cost proposal.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota. The State may award a contract to the responsible and responsive Offeror whose proposal provides the best value for the purposes intended according to the criteria set forth in the RFP. If contract negotiations cannot be concluded successfully with the selected Offeror, the State may negotiate a contract with a responsible and responsive Offeror whose proposal provides the next best value to the State of South Dakota.

6.1 Evaluation Team: All proposals shall be evaluated by an evaluation team. Evaluation and potential selection of the Offeror shall be based on the information submitted in the proposals.

The team may review references, require oral presentations, and conduct on-site visits to Offeror accounts and use the results in evaluating the proposals.

6.2 Meeting Terms and Conditions: Proposals will be reviewed to determine if required terms and conditions are met. Failure to meet the required terms and conditions may result in the proposal being rejected. If all Offerors fail to meet one or more of the required terms and conditions, the State reserves the right to continue the evaluation of proposals and to select the proposal that provides the best value to the State of South Dakota as determined by the evaluation team.

6.3 Qualification Criteria: Each proposal shall be evaluated on whether required qualification criteria are met. The qualification criteria that will be used to determine if the Offeror will be considered for an award is based on the information provided in response to Sections 4.0 and 7.0 of this RFP.

6.4 Evaluation Criteria: After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria, listed in the order of importance:

6.4.1 Familiarity with the project locale.

6.4.2 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration.

6.4.3 Resources available to perform the work, including any specialized services, within the specified time limits for the project.

6.4.4 Cost.

6.4.5 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements.

6.4.6 Availability to the project locale.

6.4.7 Proposed project management techniques.

6.4.8 Ability and proven history in handling special project constraints.

6.5 Information Relating to Past Performance and Success: Experience and reliability of the offeror's organization are considered subjectively in the evaluation process. Therefore, the offeror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.6 Qualifications of Personnel: The qualifications of the personnel proposed by the offeror to perform the requirements of this RFP, whether from the offeror's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the offeror should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

6.7 Offeror to Submit Information Related to Evaluation Categories: The Offeror is cautioned that it is the Offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The Offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response.

6.8 Award: The requesting agency and the highest ranked offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

6.8.1 If the agency and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor.

6.8.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process.

7.0 COST PROPOSAL

7.1 Financial offer based on Contractor paying the State a flat fee of $__________ minimum and/or a minimum of ____% of gross receipts, after sales taxes, of the rides and sideshows plus a minimum flat fee $_______ per game plus a flat fee $_______ per food concession.

2025 $__________ flat fee and/or __________ % of gross receipts, after sales taxes, of the rides & sideshows plus a flat fee $_______ per game, plus a flat fee $_______ per food concession

2026 $__________ flat fee and/or __________ % of gross receipts, after sales taxes, of the rides & sideshows plus a flat fee $_______ per game, plus a flat fee $_______ per food concession

2027 $__________ flat fee and/or __________ % of gross receipts, after sales taxes, of the rides & sideshows plus a flat fee $_______ per game, plus a flat fee $_______ per food concession

2028 $__________ flat fee and/or __________ % of gross receipts, after sales taxes, of the rides & sideshows plus a flat fee $_______ per game, plus a flat fee $_______ per food concession

2029 $__________ flat fee and/or __________ % of gross receipts, after sales taxes, of the rides & sideshows plus a flat fee $_______ per game, plus a flat fee $_______ per food concession

APPENDIX A

STATE OF SOUTH DAKOTA

CONTRACT FOR SERVICES

Between

STATE OF SOUTH DAKOTA

DEPARTMENT OF AGRICULTURE AND

NATURAL RESOURCES, STATE FAIR

DIVISION

1060 3RD STREET SW

HURON, SD 57350

605-353-7340

Referred to as Contractor

̙Referred to as State

The State hereby enters into this agreement (Agreement) for services with the Contractor in consideration of and pursuant to the terms and conditions set forth herein.

1. SCOPE OF SERVICES:

The purpose of this contract is to provide carnival operator services with an experienced and qualified carnival operator in which safety is the top priority; maintenance and upkeep of rides is evident; personnel are clean and well dressed; and the most current popular rides and games are provided for the South Dakota State Fair. Contractor will perform those services described in the Work Plan, attached hereto as Exhibit A and by this reference incorporated herein.

2. PERIOD OF PERFORMANCE OF THIS AGREEMENT:

This Agreement shall be effective for the annual 2025, 2026, 2027, 2028, and 2029 South Dakota State Fairs, unless sooner terminated pursuant to the terms of this Agreement.

2025 dates are August 27-September 1. Corresponding dates in future years (always ends on Labor Day).

3. USE OF EQUIPMENT, SUPPLIES AND FACILITIES:

Contractor will not use State equipment, supplies or facilities.

4. CONTRACTOR IDENTIFICATION:

Upon execution of this Agreement, the Contractor will provide the State with the Contractor’s Employer Identification Number, Federal Tax Identification Number or Social Security Number.

5. CONTRACT AMOUNT AND PAYMENT:

The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT is an amount not to exceed $_______________. This amount will include Contractor’s travel, hotel, meals, honorarium, and any other expenses incurred by the Contractor to complete the terms under this agreement. The State will not pay Contractor’s expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL ch. 5-26.

Any overpayment of this Agreement shall be returned to the State within thirty (30) days after written notification to Contractor.

6. INDEMNIFICATION:

Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement. Contractor shall defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense. In defending the State of South Dakota, its officers, agents, and employees, Contractor shall engage other professionals, subject to the written approval of the State which shall not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist Contractor in the defense. This section does not require Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses or equitable relief arising solely from errors or omissions of the State, its officers, agents or employees.

7. INSURANCE:

At all times during the term of this Agreement, Contractor shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance

Contractor shall maintain occurrence-based commercial general liability insurance or equivalent form of coverage with a limit of not less than one million dollars ($1,000,000) for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrent limit. The insurance policy shall name the State of South Dakota, its officers and employees, as additional insureds, but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

When applicable Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than one million dollars ($1,000,000). The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

C. Business Automobile Liability Insurance:

Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than one million dollars ($1,000,000) for each accident.

Such insurance shall include coverage for owned, hired and non-owned vehicles.

This insurance shall include coverage for owned, hired and non-owned vehicles.

The insurance policy shall name the State of South Dakota, its officers and employees, as additional insureds but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

D. Worker’s Compensation Insurance:

Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement including naming the State, its officers and employees, as additional insureds, as set forth above. In the event of a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required.

Contractor shall furnish copies of insurance policies if requested by the State.

8. TERMINATION:

This Agreement may be terminated by either party hereto upon ninety (90) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for a breach is affected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a breach by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

9. SURVIVAL FOLLOWING TERMINATION:

Any terms of this Agreement that would, by their nature or through the express terms of this Agreement, survive the expiration or termination of this Agreement shall so survive including but not limited to the terms of sections 6, 13 and 27.

10. FUNDING:

11. This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State upon five (5) business days written notice. Contractor agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent or employee of the State, and Contractor waives any claim against the same.

12. CERTIFICATIONS

A. COMPLIANCE WITH EXECUTIVE ORDER 2020-01:

Executive Order 2020-01 provides that for contractors, vendors, suppliers or subcontractors with five (5) or more employees who enter into a contract with the State that involves the expenditure of one hundred thousand dollars ($100,000) or more, by signing this Agreement Contractor certifies and agrees that it has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. Contractor further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement.

B. COMPLIANCE WITH SDCL Ch 5-18A:

Contractor certifies and agrees that the following information is correct:

The bidder or offeror is not an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of their principal place of business, which is ultimately owned or controlled, directly or indirectly, by a foreign parent entity from, or the government of, the People’s Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, or the Bolivarian Republic of Venezuela.

It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the purchasing agency to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response, and further would be cause to suspend and debar a business under SDCL § 5-18D- 12.

The successful bidder or offeror further agrees to provide immediate written notice to the purchasing agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

C. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY,

AND VOLUNTARY EXCLUSION:

By signing this Agreement, Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

D. CERTIFICATION OF NO STATE LEGISLATOR INTEREST:

Contractor (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to this Agreement. By signing this Agreement, Contractor hereby certifies that this Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

13. NOTICE:

Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to Peggy Besch on behalf of the State, and by and to ________________, on behalf of Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

14. CONTROLLING LAW AND VENUE:

This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement shall be in the Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

15. INDEPENDENT CONTRACTOR:

While performing services hereunder, Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

16. THIRD PARTY BENEFICIARIES:

This Agreement is intended to govern only the rights and interests of the parties named herein.

It is not intended to create, does not and may not be relied upon to create, any rights, substantive or procedural, enforceable at law by any third party in any matters, civil or criminal.

17. ASSIGNMENT AND AMENDMENT:

This Agreement may not be assigned without the express prior written consent of the State.

This Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

18. COMPLIANCE:

Contractor will comply in full with all federal, tribal, state and local laws, regulations, ordinances, guidelines, permits, requirements and other standards applicable to the services provided under this Agreement and will be solely responsible for obtaining current information regarding the foregoing. Nothing herein shall constitute a waiver by the State to any defense to jurisdiction nor shall anything herein constitute an acknowledgement by the State that any tribe has or exercises any jurisdiction over this Agreement or the parties.

19. REPORTING:

Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in an injury to any person or property, or which may otherwise subject Contractor, or the State of South Dakota or its officers, agents or employees to liability.

Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law.

Contractor's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

20. SUBCONTRACTING:

Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage in a manner consistent with this Agreement. Contractor will cause its subcontractors, agents, and employees to comply with applicable federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits and other standards and will adopt such review and inspection procedures as are necessary to assure such compliance. The State, at its option, may require the vetting of any subcontractors.

Contractor shall assist in the vetting process.

21. STATE’S RIGHT TO REJECT:

The State reserves the right to reject any person from performing services under this Agreement who the State believes would be detrimental to the services, presents insufficient skills, presents inappropriate behavior or is considered by the State to be a security risk.

22. SEVERABILITY:

In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render…