1-RFP260302 Bill Cappell Park Baseball Operations SOLICITATION.pdf

CITY OF COVINGTON

REQUEST FOR PROPOSALS

RFP260302

For:

PROFESSIONAL

BASEBALL FIELD COMPLEX OPERATIONAL

SERVICES

RESPONSES DUE

NO LATER THAN: 10:00 A.M. 2026 MARCH 31

Issued:

2026 March 13

By:

Department of Finance / Procurement Office

For:

Department of Neighborhood Services | Parks & Recreation Division

20 West Pike Street Covington KY 41011

I. LEGAL NOTICE / ADVERTISEMENT

The City of Covington, Kentucky (“City”) requests Proposals from competent, experienced, knowledgeable, professional, and qualified providers (“Provider,” “Respondent”) for the performance of Professional Baseball Field Complex Operational Services at the Bill Cappel Sports Complex in cooperation and at the coordination of the City’s Division of Parks & Recreation. Responsive Proposals shall encompass and are not necessarily limited to the provision and performance of all services (e.g., Scheduling, Program Management, and Game- Day Field Operations) described in this Request for Proposal (“RFP”) in compliance with all applicable laws, regulations, policies and procedures. Entities submitting responses shall be prepared to execute and perform a legally binding contract (“Agreement”) to perform the services as herein described.

RFSQ Title: Professional Baseball Field Complex Operational Services

RFSQ No.: RFP260302

Date Issued: 2026 March 13

Response Due Date/Time: (Prior to) 2026 March 31 10:00 A.M.

Issuing Agency: Department of Neighborhood Services; Parks & Recreation Division

Covington, KY 41011

Contact: Peter Hager, Procurement Officer peter.hager@covingtonky.gov

859.292.2178 (Mon – Fri / 10:AM – 2:PM)

NOTE: All times listed in this solicitation shall be those in effect (either Eastern Standard Time {“EST”} or Eastern Daylight Savings Time {“EDT”}) at Covington, KY on the date(s) for which the time(s) is (are) listed and/or to which it is relative.

SOQs shall be submitted in a sealed envelope, receipt of which will be time-stamped by the City, and which shall be plainly marked on the outside:

• "RFP260302 BBO - DO NOT OPEN WITH REGULAR MAIL."

• Submitting Entity’s Name, Street Address, Representative’s Name, Telephone Number, and eMail address.

SEALED SOQ RESPONSES SHALL BE PHYSICALLY DELIVERED* TO:

Covington City Hall

First Floor Finance Department - Window

20 West Pike Street Covington, KY 41011

*The City of Covington does not, presently, accept primary formal bid and/or proposal responses, electronically (e.g., via fax, e-mail, website portal).

RESPONSES SHALL BE SUBMITTED BY: 2026 March 31 10:00 A.M.; Submittals received after this date and time shall be considered non-responsive.

REVIEW: Pursuant to KRS 45A.370, the evaluation of Proposals shall be conducted using competitive negotiation.

Any final award shall be based upon the criteria set forth below and shall include the Reciprocal Preference for Residential Respondents outlined in KRS 45A.490 to 45A-494, as required. The City and CMVPA find selection based upon competitive negotiation necessary, upon the determination that specifications cannot be made sufficiently specific to permit an award based on lowest bid price or lowest evaluated bid price. The City and CMVPA reserve the right to reject any and all proposals. All Proposals will be reviewed and scored in accordance with the evaluation criteria set forth herein.

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TABLE OF CONTENTS

Reference Subject Page

I Solicitation Legal Advertisement / Public Notice 4

II Solicitation Event Schedule 5 III Overview 6

IV Scope Of Work (Services) & Specifications 6

V General Information And Proposal Response Submittal Instructions 8

VI Evaluation Criteria 13 VII General Terms and Conditions 15

* Attachment A Non-Collusion Affidavit 24 *

* Attachment B Campaign Finance Affidavit 26 *

* Attachment C Certification Against Conflicts Of Interest, Gratuities, And Kickbacks 27 *

Attachment C Accident Waiver And Release Of Liability 28

NOTE: Yellow Highlighted Items are required to be

Completed, Properly Executed, and Submitted with and as integral part of Proposal response.

II. RFP EVENT SCHEDULE

A. The City reserves the right(s) to modify or alter the schedule of events to such extent as it may determine to be in its best interests.

B. All dates and times herein referenced are and shall be those effective at Covington, KY, USA.

C. Requests For Information (“RFI”) or clarification will be received by the City via electronic mail, only to: peter.hager@covingtonky.gov from the time of solicitation until 10:00 A.M., March 20, 2026 and the City will publish responses via its procurement portal (https://covingtonky.bonfirehub.com) on or before 3:00 P.M., March 23, 2026.

a. RFI inquiries submitted by any other means (e.g., telephone, through messaging boards at City’s procurement portal, etc.) will not be addressed.

b. Until time of award recommendation, communications regarding this RFP are restricted to the City’s Procurement Officer.

i. From the time of solicitation until award recommendation, attempts to communicate with any other City representative, whether elected or appointed official, third-party agent, or other individual or entity regarding this RFP may result in rejection of any proposal offer received from inquiring party.

ii. The City may amend, delegate or otherwise designate alternate representative contact(s) by issue of express addendum.

EVENT DATE & TIME

RFP Solicitation Issued 2026 March 13 Interested Party Requests For Information ("RFI") (Questions / Clarification Requests) DEADLINE

2026 March 20 10:00 A.M.

Publication of City's responses to

RFI

2026 March 23 3:00 P.M.

Proposal Submittal DEADLINE (Prior To)

2026 March 31 10:00 A.M.

Evaluation of Proposals (Estimated) 2026 April 15 mailto:peter.hager@covingtonky.gov https://covingtonky.bonfirehub.com/

III. OVERVIEW

A. FACILITY DESCRIPTION

1. The baseball field complex located at Bill Cappel Sports Complex consists of five

(5) baseball fields (“Facilities”).

2. The Facilities do not include permanent restroom structures.

a. The City provides portable restrooms for general, day-to-day park use.

B. CITY RESPONSIBILITIES

The City maintains and retains the following responsibilities:

1. Monitoring and evaluating overall field conditions.

2. Opening and closing fields due to weather, construction, maintenance activities, or safety concerns.

3. Notifying the Organization of City-sponsored events, construction activities, or other scheduled uses that may impact field availability.

4. All routine and capital maintenance of the Facilities, except for limited operational and maintenance assistance expressly assigned to the Organization under this Agreement.

IV. SCOPE OF WORK (SERVICES) & SPECIFICATIONS

The successful Respondent shall perform the following baseball related services, in cooperation with and at the coordination of the City’s Division of Parks & Recreation, at the Bill Cappel Sports Complex for the entirety of the 2026 baseball season:

A. PROGRAM COORDINATION AND SCHEDULING

1. Schedule all programs and activities for the Facilities in accordance with the scheduling priority outlined in Section IX of this Agreement.

2. Conduct scheduling in a manner that ensures orderly, equitable, and efficient use of the Facilities.

3. Coordinate all practices, games, leagues, tournaments, and related activities utilizing the five (5) baseball fields.

4. Ensure that not less than seventy-five percent (75%) of participants served under this Agreement are City residents.

B. PROGRAM ACCESS AND NON-DISCRIMINATION

1. Require that all programs offered under this Agreement be open to all City residents regardless of race, color, religion, national origin, sexual orientation, or athletic ability.

2. Offer only programs designed to place all registered participants on teams appropriate to their age, ability, and skill level.

3. Ensure no participant is excluded based on skill level except as necessary to ensure safe and appropriate team placement.

C. GAME-DAY FIELD OPERATIONS

1. Provide game-day field preparation and operational services, including but not limited to:

a. Dragging and lining fields.

b. Placement, removal, and proper storage of bases.

c. Removal of trash and debris generated by scheduled activities.

D. ASSIST AND FACILITATE FACILITY CLEANLINESS AND MAINTENANCE

1. Assist with general maintenance and upkeep of the Cappel Facility, under the instruction and oversight of the City’s Parks Maintenance Supervisor.

2. Make every reasonable effort to monitor the Cappel Facility grounds, including ballfields, dugouts, bleacher areas, park premises, parking lots, and restrooms impacted by use, prior to leaving each day following league play, practices, or tryouts.

3. Make every reasonable effort to keep the fields and park facilities clean and free of debris during and at the conclusion of each league activity.

4. Use and actively promote the use of recycling bins for appropriate recyclable materials when available.

5. Drag the Cappel Facility ballfields during the season of play including during the week and weekends.

6. Maintain baseball playing surfaces at the Cappel Facility in a manner that keeps the fields in a safe and playable condition, as directed by City staff.

E. FACILITY SUPERVISION, SECURITY, AND COMPLIANCE

1. Provide supervision of all Facilities and City-owned equipment while in use, including but not limited to fences, benches, dugouts and dugout covers, bleachers, and portable restrooms.

2. Ensure that all persons using the Facilities under this Agreement comply with all applicable City rules, regulations, and ordinances.

3. Switch off all lighting and secure the Facilities at the conclusion of all programs and activities.

F. RESTROOM ACCOMMODATIONS FOR EVENTS

1. For tournaments, special events, or activities anticipated to draw larger-than-normal attendance, provide and fund additional portable restroom units as necessary to meet applicable health, safety, and accessibility standards.

G. DOCUMENT AND REPORT DAMAGE

1. Provide written or electronic notice to the City of any significant damage to, or vandalism of, the Facilities.

2. In cases where repairs are needed or safety issues are present, report such conditions to the City no later than twenty-four (24) hours after the Organization becomes aware of the issue.

H. MAINTENANCE EXCLUSIONS

1. The Organization shall not be responsible for any maintenance activities at

Randolph Park.

2. Except for the operational services and limited maintenance assistance expressly described herein, the Organization shall not perform repairs or capital maintenance to City-owned Facilities unless expressly authorized by the City.

I. GENERAL CONDITIONS

1. The Organization shall comply with all applicable federal, state, and local laws and regulations.

2. The City reserves the right to restrict or suspend use of the Facilities at any time as necessary to protect public safety or preserve field conditions.

V. GENERAL INFORMATION AND PROPOSAL RESPONSE SUBMITTAL

INSTRUCTIONS

A. PROPOSAL SUBMITTAL INSTRUCTIONS

1. Proposal responses to this RFP shall be printed and submitted on standard 8.5” X 11” paper, as follows:

2. Two (2) printed ‘hardcopy’ Proposal instruments inclusive of all requisite documentation and prepared with font sizes no smaller than ten (10) points; twelve

(12) points preferred for main contents.

a. One (1) unbound original Proposal with original signatures, and which shall be clearly labeled/marked on the front page “Original.”

b. One (1) complete and identical copy, which may be bound and shall be clearly labeled/marked on the front page “Copy.”

3. One (1) complete electronic (pdf-formatted) copy on a USB drive, which shall include all requisite and ancillary documentation furnished as the Original Proposal instrument as a single file.

4. Proposals and supporting documentation shall be submitted sealed and clearly labeled on the exterior of the sealed container (e.g., envelope):

a. “RFP260302 BBO PROPOSAL.”

b. Responding entity’s name.

c. Responding entity’s representative’s name.

d. Representative’s area code and telephone number.

e. Representative’s e-Mail address.

i. A business card firmly affixed at the return address area of the sealed container will generally satisfy these requirements.

5. Proposals shall be timely delivered to:

Covington Kentucky City Hall Finance Department – 1st Floor Lobby Window

20 West Pike Street Covington, KY 41011

a. NOTE: The City does not presently accept responses to solicitations electronically (e.g., via Fax, e-Mail, Internet / Web Portal, etc.).

b. Proposals received after the Submittal Deadline will be rejected as non-responsive.

6. Unless otherwise herein stipulated, the sequential order of the Proposal contents

(Proposal organization) shall be the same as the sequential order as topics are herein organized and presented.

7. The information requested through this RFP is necessary for the City of Covington to adequately and equitably evaluate all Proposal responses.

a. Failure to provide requested information may result in Proposal rejection.

8. The City is not responsible for the costs incurred by Respondents or their sub-

Respondents relative to this RFSQ process, including, but not limited to costs associated with preparing a SOQ and participating in any presentations.

B. PROPOSAL CONTENTS

1. Cover Page

2. Letter of Transmittal that includes the following information:

a. Respondent’s name and street mailing address.

b. Respondent’s current legal status: Corporation, Individual, Joint-Venture, Partnership, Sole Proprietorship, etc.

c. Primary contact person’s name, title, area code and telephone number, area code and fax number, and e-Mail address.

i. Identify the principal person(s) authorized to represent the Respondent to the City and any other key participants who may be involved in negotiating any relative service terms.

d. Signature of individual or official possessing legal authority and capacity to contractually bind Respondent.

e. Identification of the critical team members proposed to perform the services herein described with brief summary general descriptions of the roles and capacities in which they plan to act and/or cooperate, and a summary of the team’s prior professional experience working together to perform similar services in similar capacities and/or scopes.

i. Proposal contents, clarifications, and/or subsequent related correspondence may become part of the contractual obligation(s) and be incorporated by reference into any subsequent contractual instruments.

f. Brief summary description of overall service performance approach and/or key applicable philosophies.

3. Proposed Pricing

a. The City seeks an agreement that provides access and allows for the use of the baseball fields to the successful Respondent during mutually agreed times during which the City has no intended or planned use thereof in lieu of payment.

b. Depending upon the proposed nature(s), scope(s), and volume(s) of field usage, the City may seek to share in revenues generated therefrom.

c. Therefore, Respondents shall include in the Proposal a comprehensive financial forecast of revenues and expenses relating its proposed use of the baseball field facilities:

i. For its own (separate) programming, including detailed disclosure(s) of the days, times, and durations that it plans to use the facilities for those purposes and how revenue generated therefrom will sufficiently compensate Respondent for its provision of services to the City and what rates.

ii. To perform services that support the City’s operational programming needs and objectives, demonstrating how its own utilization will adequately and appropriately compensate for the provision thereof.

iii. Proposed share of generated revenues Respondent will pay to the City, if any.

iv. Financial forecast shall be furnished in Microsoft Excel spreadsheet(s) that shall be printed for inclusion in the printed and .pdf-formatted (on USB-drive) versions of the Proposal instrument, as well as a separate open, manipulable .xlsx-file-format version which shall also be included on the USB-drive.

4. Minimum Qualifications

a. Respondents shall, through their Proposal, demonstrate adequate and appropriate qualifications in the forms of professional knowledge and experience through proven past, successful performance of similar projects of similar scope and complexity.

i. This shall be accomplished by designating a section of the Proposal response, no more than two (2) pages in length, titled “Qualifications,” in which Respondent shall list those relevant factors it desires the City to consider.

b. Firms must be qualified to work in the State of Kentucky.

5. Service Performance Description (not to exceed three {3} pages):

a. Demonstrate a thorough understanding of the service descriptions, SOWs, and terms herein indicated and describe the processes your entity would deploy and/or require to so perform and how Respondent will assure the availability of those resources.

b. Describe how your team proposes to coordinate the work internally and with City staff.

c. Identify the service performance approach(es) and method(s) to successfully (timely and acceptably) perform the work, coordinate teams and team-members, and describe issues that you consider significant in the planning, scheduling, and performance processes.

6. Proposed Service Performance Team and Professional Experience (not to exceed five {5} pages):

a. Discuss the professional experience of the Respondent and its proposed team members.

b. Describe unique complexities of similar past contractual service performance and successes at solving the associated challenges.

c. Discuss coordination methods among team members and cross-functional teams.

d. Discuss Respondent’s professional experience coordinating with other public agencies and stakeholders.

e. Identify contractual service scopes similar to those herein described upon which your proposed team has worked.

i. Specific comparative service scopes which illustrate your experience may be provided in Appendix A.

ii. Specific professional references may be provided in Appendix B.

References must include full contact information, including name, address, telephone number, e-mail address, and specific service scope or experience about which the individual is requested to refer.

f. With focus on key team members, identify proposed team’s professional staff experience with work scopes similar to those herein described during the past five (5) to seven (7) years.

g. Outline specific work each team member is proposed to perform if contractually engaged.

h. Include a representative / specimen organizational chart that graphically depicts team member assignments, reporting relationships and the City’s key point(s) of contact.

i. Demonstrate and/or relate each team member’s experience in performing each major component of the Scope Of Work.

j. Describe past professional project experience with team members and projects.

k. Identify the service performance Manager and Assistant Manager.

i. Detailed resumés for key team members may be provided in Appendix C.

l. Innovation and Value-Added Services (not to exceed one {1} page):

i. Describe or demonstrate any innovative practices, approaches, or value-added service(s), that differentiates Respondent’s firm or team, which was not addressed in other sections of Respondent’s Proposal.

7. Notice Of Deviation:

a. A separate section that states in writing all exceptions to this RFP. Exceptions should list referencing page and paragraph numbers. If no exceptions are taken, the submittal must include a statement that the Respondent takes “No Exceptions.”

i. Exception(s) do not necessarily prevent Proposal consideration.

ii. The express declaration of exception(s) (deviation{s}) is required to assure the City’s evaluation of Proposals is equitable.

iii. Failure to declare exception(s) / deviation(s) shall be construed as Respondent’s intent to otherwise fully comply.

8. Credentials:

a. Include any relevant credentials Respondent desires the City to consider.

9. Certificates Of Insurance (not included in page limit):

a. Provide Respondent’s certificate(s) of insurance demonstrating proof of required coverages and limits listed in this RFP.

C. ADDENDA

In any event that it becomes necessary to revise, change, modify, cancel or furnish any additional information regarding this RFSQ, it shall be performed via official Addendum / Addenda issued to all recipients of this RFSQ via publication at the City’s procurement portal (https://covingtonky.bonfirehub.com).

V. EVALUATION CRITERIA

A. The Covington Board of City Commissioners is the final authority regarding selections and contractual awards. The City Commission reserves rights to reject any and all proposals or to terminate negotiations at any time.

B. Covington City Administration will appoint a Proposal Evaluation Committee (“PEC”) and delegate to it the appropriate accountabilities and authorities specifically for the express purposes of accurately, equitably, and timely analyzing and evaluating proposal responses to this RFP. City will mitigate risk of potentially conflicting interests, as well as compliance with all other applicable City policies and practices.

The selection process will be conducted as follows:

1. Desk review of proposals by City Procurement Officer for compliance with proposal requirements. (Please submit all required documentation in the order specified).

2. Proposal responses that appear responsive will be distributed to the PEC for initial review and, to the extent practicable, scoring, ranking, and identification of apparent material ambiguities, or other matters requiring clarification, or highlight.

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https://covingtonky.bonfirehub.com/

3. The City will evaluate timely and properly received proposals based upon the following criteria and weighting factors:

CRITERIA POINTS

Program Coordination and Scheduling 15

Experience & Qualifications 15 Management Plan 15 Proposed Pricing / Financial Forecast 15

Proposed Service Performance Team and Professional Experience 15

Proposal Deviations 15 Credentials 15

4. The Reciprocal Preference for Residential Bidders KRS 45A.490 – 494 will be factored following the preceding preliminary evaluation, if and as applicable.

5. The City may then determine that additional discussions with one or more most qualified Respondent(s) is in the City’s best interests, in which case it will schedule and conduct interviews.

6. The City will then select, on the basis of the above-described evaluative actions, at least three (3) Respondents determined to be the most qualified and rank them accordingly. If fewer than three (3) Respondents are determined to be qualified, then those Respondents that remain will be so ranked.

7. The City will then attempt to negotiate contractual rates, terms, and conditions that it determines to be fair, reasonable, and acceptable with the highest ranked Respondent in accord with KRS 45A.750.

a. If the City is unable to successfully negotiate contractual agreement with the highest-ranked Respondent, it will terminate negotiations and attempt to negotiate with the next highest-ranked Respondent, continuing this procedure until it successfully contracts with a Respondent, or exhausts its list of acceptable Proposal responses.

VII. GENERAL TERMS AND CONDITIONS

A. PROPOSAL SUBMITTAL

1. The entire Proposal shall be submitted no later than the date and time prescribed and at the place previously indicated.

2. Proposal shall be enclosed, sealed, plainly marked on the outside with the Project title and the name and address of the Respondent.

3. The sealed container of the Proposal shall be plainly marked on the outside with the notation: “PROPOSAL: CCRF – DO NOT OPEN WITH REGULAR MAIL” and timely delivered to:

Covington Kentucky City Hall Finance Department

First Floor Lobby Window

Covington, KY 41011

B. CONTRACTING REQUIREMENTS

The selected respondent, if any, will be required to execute a redevelopment contract with the City and comply with any applicable City requirements, including the requirement to obtain an occupational license authorizing the developer to perform work in the City. The redevelopment contract also will provide that the City not close on sale of the parcel to the selected developer until the proposed project is ready to proceed, as evidenced by the provision of evidence of accepted and acceptable financing, approval by the City of detailed plans and other conditions precedent.

C. ACCEPTANCE

By submitting a response Respondent agrees to accept and be bound by the General Terms and Conditions listed in this RFP, unless expressly stated otherwise through a ‘Notice of Deviation.’

1. It is the responsibility of each Respondent to read this RFP in its entirety, and fully acquaint themselves with the ‘Scope of Work,’ and ‘General Terms and Conditions’ listed herein. Failure of the Respondent to adequately perform the foregoing does not relieve the Respondent from any obligation with respect to the Proposal submitted.

2. If a Respondent is in doubt as to the true meaning of any part of the scope of work and/or specifications, it is the Respondent’s onus to obtain express from the City.

D. ASSIGNMENT OF CONTRACT

The successful submitter shall not assign or subcontract any portion the final project contract without the express written consent of the City. Any purported assignment or subcontract in violation hereof shall be void. It is expressly acknowledged that the City shall never be required or obligated to consent to any request for assignment or subcontract; and further that such refusal to consent can be for any or no reason and shall at all times remain entirely within the sole discretion of the City.

E. NO WAIVER

No failure or delay by the City in exercising thereof, nor the exercise of any other right, remedy, power or privilege shall operate as a waiver hereof or thereof. No failure or delay by the City in exercising any right, remedy, power or privilege under or in respect of this contract shall affect the rights, remedies, powers or privilege under on in respect of this Contract shall affect the rights, remedies, powers or privileges of the City hereunder or shall operate as a waiver thereof.

F. COVINGTON ANTI-DISCRIMINATION STATEMENT

It is the intent and desire of the City to promote full and equal business opportunities for all persons and entities. Further, it shall be considered an unlawful practice for any employee or official of the City to: (i) fail to refuse to hire; or (ii) discourage any individual or business from the participation in; or (iii) in any manner discriminate towards an individual or business desiring to participate in City procurement based on disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity, or nature texture, color of hair, hairstyles, or protective hair styles (including, but not limited to braids, locks, twists, and coverings) (in adherence to City of Covington Code of Ordinance § 37.08). Any individual or business claiming to be aggrieved by a violation of this provision may file a written complaint with the City Manager. The City Manager may designate an agent to administer, evaluate, and investigate the complaint in accordance with the provisions of Covington Code of Ordinance § 37.10.

1. In accordance with the City’s Human Rights Ordinances, any selected Respondent agrees that it shall not in any manner discriminate on the basis of any protected class, including but not limited to: race, color, religion, sex, sexual orientation, gender identity, age, national origin, ancestry, marital status, parental status, familial status, place of birth, disability, or natural texture, color of hair, hair styles, or protective hair styles (including, but not limited to braids, locks, twists, and coverings).

G. AUTHORITY TO DO BUSINESS

Respondent must be duly organized and authorized to do business under the laws of the Commonwealth of Kentucky and of the City of Covington, KY. Submitter must be in good standing and have full legal capacity to perform the services specified in this RFP.

Respondent must have all necessary rights and lawful authorities to enter into any Final Agreement for the full term.

H. NON-APPROPRIATION

In the event that no funds or insufficient funds are appropriated and budgeted in any fiscal period of the City for payments to be made under any Final Agreement, if applicable, then the City will notify the Prevailing Submitter of such occurrence and the Final Agreement shall terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under the Final Agreement are exhausted. No payments shall be made or due to any Prevailing Submitter under any Final Agreement, if applicable, beyond the amounts that are appropriated and budgeted by the City to fund payments hereunder.

I. CLAIMS AGAINST THE CITY

In consideration for the right to respond to this RFP, the Respondent waives any claim, liability or expense whatsoever against the City and its Staff, Commissioners and agents by reason of any or all of the following: Any aspect of this RFP, the Selection Process or any part thereof, any informalities or defects in the Selection Process, the failure to enter into any agreement, any statements, representations, acts or omissions of the City, the exercise of any discretion set forth or concerning any of the foregoing, and any other matters arising out of all or any of the foregoing.

J. FORCE MAJEURE

Neither party shall be considered in default in the performance of its obligations under any Final Agreement to the extent that performance of its obligations is prevented or delayed by any cause beyond its reasonable control, including, without limitation, acts of God; acts or omissions of governmental authorities or the other party, strikes, lockouts or other epidemics; floods; hurricanes; tornadoes; and any other similar acts, events, or omissions.

When determined that force majeure results in a delay of the work to be provided under any final agreement resulting from this RFP (the “Work”), the date of delivery or performance of any other obligations of the Prevailing Submitter shall be extended for a period of equal duration to the time lost by reason of the delay. Prevailing Submitter shall notify the City in writing within ten (10) calendar days after recognition of the occurrence of any event that Prevailing Submitter believes will result in a delay. In the absence of such notification, Prevailing Submitter waives the right to claim that Work was delayed by the occurrence of such event. If, however, Prevailing Submitter’s performance of other obligations is delayed, or it is reasonable to anticipate that performance will be delayed, for a continuous period of six (6) months from the scheduled date for performance, City shall have the right, in its discretion, to cancel the Agreement.

K. RIGHT TO SUBSTITUTE OR MODIFY SPECIFICATIONS

Throughout the Selection Process, the City shall have the right, in it is sole discretion, to modify the Specifications and/or Scope Of Work provided herein. Such modification shall include the ability to add, substitute or remove items from each sub-part for any reason.

L. RIGHT TO MODIFY THE SELECTION PROCESS

The City reserves the right at any time and from time to time, and for its own convenience, in its sole and absolute discretion, to modify or suspend any and all aspects of the Selection Process, including, but not limited to this RFP, and all or any portion of the Selection Process in or subsequent to the RFP; to obtain information from any successful applicant, to waive any defects as to form or content of this RFP or any other step in the Selection Process; to reject any and all responses submitted; to reissue the RFP; procure the desired services by any other means or not proceed in procuring the services; to negotiate with any, all or none of the respondents to this RFP as to fees, scope of services, or any other aspect of the RFP or services; to negotiate and modify any and all terms of an agreement; and to accept or reject any applicant for entry into a Final Agreement.

M. CANCELLATION

Any failure of the Prevailing Submitter to satisfy the requirements of the City of Covington shall be reason for termination of the Final Award. Any bid and/or proposal may be rejected in whole or in part for good cause when in the best interest of the City of Covington.

N. TERMS AND CONDITIONS INCORPORATED

In the event of conflicting terms, the documents relating to this RFP shall have the following priority:

1. The Final Agreement.

2. City’s Scope Of Work and/or Specifications.

3. General Terms and Conditions.

4. Respondent’s Specifications and Agreements

O. COMPLIANCE WITH LAWS

Respondent shall be obligated to comply with all federal, state and local laws, statutes and ordinances relative to the execution of the work. This requirement includes, but is not limited to, protection of public and employee safety and health; environmental protection; waste reduction and recycling; the protection of natural resources; permits; fees; taxes; and similar subjects.

P. QUALIFICATIONS OF RESPONDENT(S)

1. Respondents shall be experienced in the kind of Work to be performed, shall have the necessary equipment therefor, and shall possess sufficient capital to properly execute the work within the time allowed. Proposals received from Respondents who have previously failed to complete work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A Proposal may be rejected if Respondent is already obligated for the performance of other work, which would delay the commencement, prosecution or completion of the Work.

2. Respondents may be asked to furnish additional data to demonstrate their qualifications.

3. Respondents shall observe and comply with all regulations, laws, and ordinances of local, state, and federal governments as they apply to this Request for Proposal. In accordance with KRS 45A.343 all Respondents are required to

a. Reveal any final determination of a violation by the Contractor or Subcontractors within the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the Contractor and Subcontractor; and

b. Be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the Contractor and Subcontractor for the duration of the contract.

4. Respondents shall be qualified to do business in the state where the Project is located or covenant to obtain such qualification prior to signing the Agreement. Successful Respondent may be required to obtain an Occupational License from the City of Covington Finance Department and be registered with the Kentucky Secretary of State to do business in Kentucky prior to entering into an agreement.

Q. PROPOSAL GUARANTEE/ AWARD PROCEDURES

It is anticipated that a recommendation for award for this Proposal will be made no more than thirty (30) days after the Proposal due date. All interested parties are required to guarantee their Proposals as an irrevocable offer valid for ninety (90) days after the Proposal due date. The City in its sole and absolute discretion shall have the right to award a Proposal for any or all items/services listed in each Proposal, shall have the right to reject any and all Proposals as it deems to be in its best interests, to waive formalities and reasonable irregularities in submitted documents, shall not be bound to accept the lowest Proposal and shall be allowed to accept the total Proposal of any one vendor.

R. REVISIONS

If it becomes necessary to revise any part of this Request, a written addendum will be made available to the public via publication on the City’s website, www.covingtonky.gov. The City is not bound by any oral representations, clarifications, or changes made by any City employee, unless such clarification or change is provided to all Respondents in written addendum from an authorized representative of the City.

S. AUDIT AND INSPECTION

The City shall retain authority to audit and inspect Contractor’s work both in- progress, and upon completion. Should the City identify an error, omission or correction that needs to be made, the City shall notify the Contractor, without delay. The Contractor shall be responsible for the correction, or if he/ she fails to make the requested correction or correct the issue in an acceptable manner, shall be financially responsible to the City for the cost of the correction.

T. INDEMNIFICATION

Respondent shall agree to indemnify and hold harmless the City and its directors, officers, employees and agents from all suits, actions, claims or cost of any character, type or description brought or made on account of any loss, expense, liability, damage, claim, including personal injury and/or death sustained by any person(s) or property arising out of the acts or negligence of the Respondent, the Respondent’s personnel, its agents, and employees, occurring during the Respondent shall defend City, its officers, agents, and employees (i) against any suit, proceeding, claims for losses, costs, damages or expenses including, without limitation, charges for personal injury, death or property damage that arise out of any and all acts or omissions of employees or agents of the Respondent or Respondent’s Sub Developers in connection with the services; and (ii) shall pay all damages, costs and expenses in connection with such actions, including City’s attorneys’ fees.

U. RESPONDENT MODIFICATION OR WITHDRAWAL

Withdrawal Prior to Proposal Opening: A Proposal may be withdrawn by an appropriate document duly executed, in the same manner that a Proposal must be executed and delivered to the place where Proposals are to be submitted prior to the date and time fixed for the submission of Proposals. Upon receipt of such written notice, the unopened Proposal will be returned to the Contractor.

Modification Prior to Proposal Opening: If a Contractor wishes to modify its Proposal, Contractor must withdraw its initial Bid in the manner specified in paragraph above and submit a new Proposal.

V. PAYMENT

Payment shall be made to the City in full, as mutually agreed.

http://www.covingtonky.gov/

W. NON-COMPLIANCE WITH PROPOSAL

It is understood and agreed upon by all parties, in the event of an Award of Contract, if said contract fails to meet the terms and conditions accepted by the City as specified in this Request for Proposal, and any prior agreements leading up to contract, then the City shall at its sole option have the right to:

1. Cancel the contract in its entirety; OR

2. Require the proposer/developer to immediately compensate the City any differential between its proposal and the next best proposal accepted by the City.

X. RESPONSE DISCLAIMER

This Request for Proposal does not commit the City to enter into a contract or award any services in relation to this specific document, nor does it obligate the City to pay any costs incurred in preparation or submission of a Proposal or in anticipation of a contract.

In consideration of the right to respond to this Request, Respondent, waives any claim, liability or expense whatsoever against the City and its Staff, Commissioners, and agents by reason of any or all of the following: any aspect of this RFP, the Selection Process or any part thereof, any informalities or defects in the Selection Process, the failure to enter into any agreement, any statements, representations, acts or omissions of the City, the exercise of any discretion set forth or concerning any.

Y. GOVERNING LAW

This Request and any agreement resulting from this Request shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any dispute arising under this Request or the resulting contract shall be resolved in a court of competent jurisdiction in Kenton County, Kentucky.

Z. FEDERAL, STATE AND LOCAL ANTI-DISCRIMNIATION REQUIREMENTS

For the purposes of this section, “Respondent” shall mean the successful proposer.

1. The Respondent will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Respondent will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Respondent agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The Respondent will, in all solicitations or advertisements for employees placed by or on behalf of the Respondent, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The Respondent will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Respondent’s legal duty to furnish information.

4. The Respondent will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Respondent’s commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The Respondent will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The Respondent will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the Respondent’s non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Respondent may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The Respondent will include the provisions of paragraphs 1 through 8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Respondent will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Respondent becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction, the Respondent may request the United States to enter into such litigation to protect the interests of the United States.

AA. CONFLICTS OF INTEREST PROHIBITION

By submitting a proposal, Respondent certifies that it is aware of the prohibition against conflicts of interest, gratuities, and kickbacks in KRS 45A.455, which are set forth herein as follows:

1. It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to his knowledge:

a. S/he, or any member of his immediate family has a financial interest therein; or

b. A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or

c. Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity.

2. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity, of the City in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.

a. It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Respondent or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

b. The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor.

c. It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.

BB. PUBLIC INFORMATION NOTICE

1. Until an award has been made or this RFP has been otherwise canceled, all Proposals submitted to the City will be kept in confidence by and shall be used solely for the purpose of evaluating the Proposal for a possible award. The City retains the right to provide copies to its staff, legal, technical, and financial advisors and representatives.

Respondent should take care not to provide any confidential information, trade secrets or other intellectual property, that they do not want to be received by City staff.

2. Please note that all information submitted for review may be subject to the Kentucky Open Records Act and may be made available upon request by the public. Respondents should identify any confidential, proprietary information or trade secrets and provide justification as to why the disclosure of the records would permit an unfair commercial advantage to the Respondent’s competitor.

City of Covington KY

ATTACHMENT A

NON-COLLUSION AFFIDAVIT OF PROPOSAL RESPONDENT

STATE OF :

SS:

COUNTY OF :

being first duly sworn, deposes and says that he is:

(Select one) Sole Owner/Partner/President/Secretary/Other (Specify) of , who on ______________, 202___ (Name of Bidder) (Date Bid Submitted) submitted to the City of Covington, Kenton County Kentucky a bid as set forth in the attached copy; that all statements of fact in such bid are true;

that such bid was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly, by agreement, communication of conference with anyone attempting to induce action prejudicial to the interests of the public body which is to award the contract, or of any other bidder or anyone else interested in the proposed contract; and further, that prior to the public opening and reading of bids, said bidder, A. did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid;

B. did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw his bid;

C. did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid price, or that of anyone else;

ATTACHMENT A

D. did not, directly or indirectly,…