City of Fairborn Parks and Recreation Division

REQUEST FOR PROPOSALSBASEBALL FIELD LEASE AT FAIRFIELD PARK BASEBALL DIAMONDS 1 & 2

SUBMITTAL DEADLINE: JUNE 11, 2021 AT 4 P.M.

The purpose of this Request for Proposals (RFP) is to select a Lessee to lease the baseball fields located at Fairfield Park Babe Ruth Fields in Fairborn, Ohio. The Lessee shall operate and maintain the site for outdoor recreational sports activities. The period of the contract is anticipated to run from August 1, 2021—December 31, 2023

Monday, May 17, 2021 at 1:00 p.m.—Pre-bid MeetingThis meeting will provide the opportunity for prospective lessees to ask questions about the RFP and the lease. The meeting will start at the Fairborn Parks and Recreation Office and end with a tour of the lease area.

Friday, June 11, 2021 at 4:00 p.m.—Deadline for Proposal SubmissionAll proposals must be received by the above date and time. The proposal requirements, including substance and formatting, are listed in the RFP.

Friday, June 25, 2021—Contract AwardThe Lessee will be chosen and all prospective lessees who submitted proposals will be notified.

August 1, 2021—Lease CommencementThe Lessee will commence operations and maintenance of the baseball fields.

Any questions about the information contained herein should be directed to:Chris Barker, Superintendent chris.barker@fairbornoh.gov, (937) 754-3090.

I. INTRODUCTION:A. PURPOSE

The City of Fairborn Parks and Recreation Division, Fairborn, Ohio, is requesting proposals from prospective Lessees to lease the baseball fields located at Fairfield Park.

B. SITE DESCRIPTIONThe 45.92 acre Fairfield Park complex is located at 1125 N. Central Avenue. This athletic complex contains 5 softball fields (3 lighted), 2 baseball fields (lighted), 4 Pickleball courts, playground, and restroom facility. The official name of the baseball fields at this facility is Fairfield Park Baseball Diamonds 1 and 2, however, they are known as Babe Ruth Fields. For the purpose of this proposal, the facility will be called Fairfield Park Baseball Diamond 1 (larger of the two baseball diamonds) and Diamond 2.

C. FIELD USAGE INFORMATIONThe City is currently in a formal agreement with Clark State Community College for use of the baseball fields at Fairfield Park. Clark State is assured use of Fairfield Park Baseball Diamond 1 from August 1, 2020 through May 31, 2021. During these agreement dates, Clark State will have access to the following facilities: concessions, press box, storage areas, and restrooms. Clark State will be responsible for maintenance and equipment as set forth by the agreement.

II. SCOPE OF WORK:A. USE OF PREMISES

Lessee shall operate the site for baseball and other recreational sports activities that are appropriate types of uses for this facility and for ancillary uses such as food and beverage service and special events.

Lessee shall have use of the athletic fields during agreed upon terms. General park users shall be permitted to use the fields for unorganized recreational use when not in conflict with Lessee. The parking lot will be open during park hours for use by general public. Vehicles shall be parked in the designated parking lots provided. No vehicles shall drive or park on the baseball infields or outfields except when preparing diamonds for play. Delivery vehicles shall drive to the appropriate location, load, or unload and then park in the provided lots. Vehicles should drive on paved pathways as much as possible.

Lessee shall be responsible for supplying all necessary sporting equipment needed for games and practices, to include: bats, balls, helmets, catcher gear, bases, pitching rubbers, and home plate. Lessee may store equipment on site using storage space provided.

Lessee will be responsible for the operation, maintenance, signage, security, and monitoring of the site. Lessee will be required to adhere to all local, county, and state

permitting and inspection requirements. The City reserves the right to periodically inspect the facility with 48 hours advance notice to ensure appropriate maintenance and operation.

Lessee is responsible for promotions, conduct, fundraising, field maintenance, and other program related issues. The revenue and expenditures that are program related are the sole responsibility of the Lessee. Lessee may provide registration forms and/or other promotional material to the City for display and availability to the citizens of Fairborn.

Lessee may hang banners on the fences during their agreement period. Semi-permanent signs and team logos may be placed on the fences upon the agreement of the Lessee and the City. Maintenance of the signs and banners are the responsibility of the entity that completed the installation.

Lessee will be responsible for operating the concession stand during the term of the agreement. Security of the concession stand is the responsibility of the City. Lessee may purchase additional concession related equipment after gaining prior approval from the Parks and Recreation Superintendent. All concession related equipment located in the concession facility is and/or becomes the property of the City. Lessee must also provide a copy of the Greene County Health Department Food Service License to the City. Maintenance of the facility is the responsibility of the Lessee unless otherwise agreed upon in writing by both entities. Any sub-lease of the concession stand operation to any entity must be approved by the City. Lessee may invite food vendors to be at home games.

Lessee may utilize the press box and agrees to maintain it as necessary. Any public address system required will be the sole responsibility of the Lessee. Any telephone or internet service needed for the program, to include cellular phones, is the sole responsibility of the Lessee.

Lessee will not permit athletic activities on the premises after 11:00 p.m. Lessee will not permit overnight activities, including, without limitation, camping, in either Fairfield Park or the premises without prior written consent from the City.

Lessee may undertake improvements or make changes to the property upon prior written approval by the Parks and Recreation Superintendent and the appropriate Fairborn City Official(s). Lessee must obtain proper building permits from the City for any construction and a copy provided to the Parks and Recreation Division before construction begins. Any property improvements that meet these criteria are the responsibility of the Lessee and will remain the property of the City once the construction is complete and after termination of the agreement.

For the purpose of park maintenance, security and special events, an annual permit must be on file with the City Parks and Recreation Division before the first practice begins and a complete game schedule must be provided to the City Parks and Recreation Division as soon as one is established. Lessee agrees to abide by all City of Fairborn park rules regarding the use and operation of the Park all year. See Exhibit “B” for a listing of park rules.

B. MAINTENANCELessee will be responsible for regular maintenance of all fields, facilities, and parking areas within the site. This includes but is not limited to diamond preparation, mowing, planting, weeding, painting, and trash removal. The City will mow the infields and outfields on a regularly scheduled basis, as determined by the City. Additional mowing by the Lessee is permitted. The City cannot guarantee that fields will be mowed to correspond to games or practices. City mowers cannot be loaned to the Lessee. The Lessee may provide their own mowing equipment and store it at the facility at their own risk.

The City is responsible for the electricity and water at the Premises including the consumption of electricity and water from the concession stand, field lights, and restrooms each year.

Maintenance of the field lights, scoreboards, dugouts, and benches are the responsibility of the Lessee but shall remain the property of the City. The Lessee is responsible for the application of dirt to the baseball fields. Lessee may coordinate with the City to have materials delivered to the facility. The Lessee is responsible for diamond preparation and cancellations due to inclement weather.

The City will provide one set of bleachers per diamond. The bleachers are the responsibility of the City to maintain in a safe manner. The bleachers will be provided for the entire season. They should not be loaned to any outside organization without the express permission of the City. Any new equipment/bleachers bought by the Lessee for use at the facility must meet current national safety standards. Any bleachers purchased by the Lessee must be approved by the Parks and Recreation Superintendent prior to being placed at Fairfield Park.

The normal maintenance of diamond fencing is the responsibility of the City. This includes outfield and backstop fencing only. The City must maintain the fencing in a safe manner. Dugout fencing is the responsibility of the Lessee. The outfield fence rail covers are the responsibility of the Lessee for maintenance and replacement as needed. Any abuse or malicious damage to the property by the Lessee or their guests must be repaired by the Lessee. No hitting into the fencing or facility structures will be permitted.

Lessee will provide and maintain the restrooms inside the concession facility during their agreement period. Lessee will be responsible for daily cleaning and appropriate toilet paper, paper towels, and soap any time the facility is open to the public. Any repairs needed to the restrooms should be reported to the City’s Parks and Recreation Superintendent immediately.

Lessee is responsible for trash cans and trash removal around the fields during their use. Trash cans should be emptied on a regular basis. Litter by the Lessee and its guests is the responsibility of the Lessee. Lessee agrees to ensure proper disposal of litter into trash receptacles. A dumpster may be provided by the City for use by the Lessee. If litter is not placed in the dumpster on a daily basis during the agreement and the City has to clean up the facility, the Lessee will be invoiced for the additional clean up on an hourly basis.

Due to the location of the Premises in a well field area, Lessee will not apply herbicides or fertilizers without express written consent from the City of Fairborn Parks and Recreation Superintendent and Water Division Director. Mosquito pesticide application is the responsibility of the Greene County Combined Health District. The City will contract to remove bee or wasp nests when they pose a hazard to participants and spectators.

Lessee will participate in a facility inspection conducted by the City at the beginning and end of each season. This inspection will document the condition of all facilities before and after the season and the Lessee will be required to make any necessary repairs or the City will make the repairs and invoice the Lessee. Lessee will maintain a daily maintenance checklist and report any property defects and/or vandalism to the City immediately.

Lessee may create, install, and maintain signage at the site with prior written approval by the City. Seating, shade areas, and other public amenities located within the premises of the baseball fields is the responsibility of the Lessee.

C. TERMThe term of the lease shall be approximately three (3) years beginning August 1, 2021. In consideration of faithful performance by both parties, the City may, if mutually agreed upon with Lessee, extend the contract for a one-year period with a maximum for two (2) one-year renewals under the same terms and conditions. Such an extension must be agreed to in writing by September 1st of the year preceding year of renewal.

D. RENT

The City will establish an annual rental rate and annual increase percentage based upon the Proposal provided by the Lessee. A prorated payment will be due in advance upon execution of the lease and payments will be due bi-annually thereafter based upon the calendar year (January 1 and July 1).

E. INSURANCELessee, at its sole cost and expense, will procure and maintain for the duration of its occupancy of the Premises insurance coverage per standard City requirements. Lessee agrees to provide satisfactory evidence of current and continual property and liability insurance coverage at all times. See Attachment “A” for explanation of requirements.

F. RISK OF LOSSLessee agrees that all personal property, buildings, and improvements that may be at any time on or in the Premises shall be at the Lessee’s sole risk. The City shall not be liable for any damage to or loss of such property or damage or loss suffered by the Lessee or its guests or invitees, resulting from the occupation and use of the Premises. At the end of each season, the Lessee may store their property in the storage room at Fairfield Park at their own risk. The City will not be responsible for damage or theft of stored property.

G. ASSIGNMENT/SUBLEASELessee will not sublet, encumber, assign or otherwise transfer the lease, or any interest in the lease, or any right of interest in the Premises, without first obtaining written consent of the City.

H. TERMINATIONThe City may terminate the lease upon the Lessee’s default by delivering written notice to Lessee of such default. After receiving notice of its default, Lessee shall have ten (10) days to cure a monetary breach or thirty (30) days to cure a non-monetary breach prior to the City terminating the lease. Lessee may terminate the lease without cause with six (6) months written notice to the City.

Upon termination of the lease, the structures and improvements made to the site by the Lessee shall remain with the land as property of the City. The City may require the Lessee to remove or pay for the cost of demolition of any structures constructed by Lessee.

III. PROPOSAL REQUIREMENTS:A. GENERAL INFORMATION

The deadline for Proposal submission is June 11, 2021 at 4:00 p.m. The Proposal shall be submitted on 8 ½ inch by 11 inch paper. Each page shall be typed and double spaced.All Proposals shall be submitted in four (4) copies and sent to:

City of Fairborn Parks and RecreationAttn: Chris Barker, Superintendent44 W. Hebble Ave.Fairborn, OH 45324

B. CONTENTS1. COVER SHEET

The cover sheet shall begin “PROPOSAL: LEASE OF BABE RUTH BASEBALL FIELDS AT FAIRFIELD PARK.” The cover sheet should also have the name of the company or organization and the name, title, business address, and telephone number of the person authorized to obligate the company.

2. GENERAL INFORMATIONThe Proposal shall explain the company or organization’s interest in the lease, including a description of the programs and services it will provide. It should contain background information about the company or organization.

3. MAINTENANCEThe Proposal shall describe a general plan for the maintenance of the lease area which consists of the fields, structures, and parking lot.

4. ATTACHMENTS & EXHIBITSThe Proposal includes the following Attachments and Exhibits:

ATTACHMENT “A” -Insurance RequirementsATTACHMENT “B” -Bidders Qualification FormATTACHMENT “C” -Bid FormATTACHMENT “D” -Facility ImprovementsEXHIBIT “A” -Aerial View of Babe Ruth FieldsEXHIBIT “B” -Fairborn Park Regulations

IV. AWARD OF CONTRACT:A. AWARD CRITERIA

The City will not necessarily award this contract to the Prospective Lessee that submits the highest bid. The Prospective Lessee that provides the highest bid, and in the opinion of the City, best meets the requirements set out herein will be awarded the contract.

In determining the successful Lessee, the City will consider the ability, capacity or skill of the Prospective Lessee to perform the contract and provide the service required; the character, integrity, reputation, judgment, experience, and efficiency of the Prospective Lessee and its employees; the quality of the performance of previous contracts and services; the level of benefit to the general public.

The City shall make whatever investigation deemed necessary in the evaluation of the bids. Prospective Lessees are to respond to all City requests for clarification of bid information or additional information within five (5) calendar days of notification.

B. RESERVATIONS AND STIPULATIONSThe City reserves the right to award a contract only if the best interests of the City of Fairborn Parks and Recreation Division can be achieved. The City reserves the right to accept the Proposals in whole or in part, to reject any and all Proposals and to negotiate separately to serve its best interests.

ATTACHMENT “A”

INSURANCE REQUIREMENTS

TYPE LIMITS SCOPE____________________

General Liability $1,000,000 per occurrence At least as broad as ISOOccurrence from CG000

The general liability policy will be endorsed to name the City, its officers, employees, agents, and volunteers as additional insured’s regarding liability arising out of this Agreement. Liability insurance shall cover liability arising from premises, operation, independent contractor, product-completed operations, personal injury and advertising injury, and liability assumed under an insured Contract, (including the tort liability of another assumed in a business contract).

The insurance policy required by this Proposal shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice to the City. Within ten (10) days after the date of the Lease, certificates of insurance as required by this Proposal shall be filed with the City.

ATTACHMENT “B”

BIDDERS QUALIFICATION FORM

All questions must be answered and the data given must be clear and comprehensive. If necessary, use additional blank sheets. The bidder may provide any additional information deemed relevant.

Company Name:_______________________________________________________________________(Indicate type of company—corporation, partnership, etc.)

Address:______________________________________________________________________________

Phone:_______________________________________________________________________________

Email:________________________________________________________________________________

Date of Organization:___________________________________________________________________

If a corporation, where incorporated:______________________________________________________

Number of years in business:_____________________________________________________________

List any past or current field leases or rentals (use additional sheet if necessary)

Owner Representative Address Phone Lease Dates

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Have you ever failed to complete a contract/use agreement? Yes No

If yes, please explain:___________________________________________________________________

_____________________________________________________________________________________

Please sign below and attach to Proposal

__________________________ __________________________ ___________________Signature Name and Title Date

ATTACHMENT “C”

BID FORM

Based upon a three (3) year lease, please indicate your proposed annual rent payment to City of Fairborn Parks and Recreation Division for each of the following years.

2021 2022 2023

Annual Rent $_________ $_________ $_________(Fixed Dollar Amount)

Please sign below and attach to Proposal

__________________________ __________________________ ___________________Signature Name and Title Date

ATTACHMENT “D”

FACILITY IMPROVEMENTS

Historical Projects Done:

2017—2018 *Disked and Tilled up the Infield *Purchased sod for a new Infield ($1,800) *Turfed the Dugout areas *Re-built the Pitching Mound *Purchased a Windscreen to go around the Outfield Fence ($300) *Built Bullpen Mounds on both foul areas *Purchased 3 Tons of Turface ($1,200) *We had over 80 hours of Volunteer Time

2018—2019 *Purchased 2 Tons of Turface ($800) *Turfed around the Home plate area *Purchased 2 mowers ($500) *Scoreboard serviced ($1,700)

Proposed Yearly Projects *Adding more Turface *Building new Dugouts *Continue working/fixing Scoreboard *Update fencing *Adding a Warning Track

Proposed Future Capital Projects: *Press Box *Lights *Fence *Dugouts *Scoreboard

EXHIBIT “A”

AERIAL VIEW OF FAIRFIELD BASEBALL DIAMONDS 1 & 2

EXHIBIT “B”

FAIRBORN PARK REGULATIONS

Fairborn’s park areas are intended for the recreation and enjoyment of all. Patrons are expected to refrain from behavior that affects the safety, peace, and good order of the parks and park visitors. Parks are open daily from dawn to dusk. Grounds and parking lots must be vacated when closed.

Park Rules (Ordinance 933):

1. Structures, plants, and natural features may not be removed, damaged or defaced.2. No littering or dumping. Fields must be clean and orderly after use.3. Dogs and cats must be on a leash and attended. Clean up is owners’ responsibility.4. All paths, exercise equipment, and sports courts are to be used only as intended. Skateboards,

bicycles, and in-line/roller skates are prohibited from these areas.5. Motor vehicles must remain on designated roads or parking lots. No driving or parking on the

grass and/or walking paths. No parking is permitted in Service/Office driveway. Dirt bikes, mini-bikes, and ATV’s are prohibited in all parks.

6. All forms of alcohol and drugs are prohibited.7. No person shall bring/use in to a park, or have possession, any fireworks/explosives.8. No person may hunt, trap, or endanger animals in any way.9. Sports courts/fields are available for reservation only through the Parks Office.10. Further restrictions may apply as set by the City &/or Parks & Recreation Superintendent.