24_058 Williams Payne House Operator RFP.pdf

RFP #24-058

REQUEST FOR PROPOSALS (“RFP”)

WILLIAM-PAYNE HOUSE OPERATOR

PROPOSALS DUE: July 12, 2024, at 2:00 PM EST

MANDATORY PRE-PROPOSAL MEETING AND SITE VISIT:

6075 Sandy Springs Circle, Sandy Springs, GA 30330

(Parking is available in the front of the building) May 30, 2024, 10:00 AM EST

Firms responding to this RFP (“Offeror(s)”) shall submit sealed proposals (“Proposal(s)”) to be received by the City of Sandy Springs (“City”) no later than July 12, 2024, 2:00 PM EST. The City will only accept online submissions for this RFP through the Bonfire Portal at:

https://sandysprings.bonfirehub.com/projects/133075/details

A Proposal submitted in any other format (e-mail, paper, fax, mail, etc.) will not be accepted for any reason.

General Information:

1. All communications regarding this procurement must be with the assigned Procurement Officer, Reginald Starling, purchasing@sandyspringsga.gov.

2. All questions or requests for clarification must be sent via Bonfire under Vendor Discussion:

https://sandysprings.bonfirehub.com/projects/133075/details. Questions are due no later than June 14, 2024, 5:00 PM EST. Questions received after this date and time may not be answered.

3. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information regarding this procurement will be posted on Bonfire at https://sandysprings.bonfirehub.com/projects/133075/details. It is the Offeror’s responsibility to check Bonfire for any addenda or other communications related to this procurement.

4. The form of contract the City intends to execute with the selected Offeror (the “Contract”) is included as Attachment A for review. Offerors are urged to read this Contract carefully, including exhibits, prior to submitting a Proposal. In general, the City is unable to negotiate or revise contract provisions. If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the Offeror must address these concerns in writing during the question and answer period. The Procurement Officer will review and determine the appropriate response. If the https://sandysprings.bonfirehub.com/projects/133075/details https://sandysprings.bonfirehub.com/projects/133075/details https://sandysprings.bonfirehub.com/projects/view/17847 https://sandysprings.bonfirehub.com/projects/view/17847

City determines a change is warranted; an addendum will be posted to this RFP. If an Offeror is unwilling to execute the Contract, whether modified by addendum or not, a Proposal should not be submitted.

5. The City reserves the right to reject all Proposals and to waive technicalities and formalities, and to make award in the best interest of the City. The best interest of the City will be determined by a review of the quality of the proposed development and the financial return to the City.

6. The City is not responsible for any technical difficulties. It is highly recommended that all Offerors submit their Proposals prior to the due date of this solicitation.

7. Offerors shall submit an executed Contract and all executed Exhibits to the Contract with the

Proposal. Proposals that do not contain a fully executed Contract with all executed Exhibits may be deemed non-responsive.

TABLE OF CONTENTS

PROPOSAL SIGNATURE AND CERTIFICATION

CORPORATE CERTIFICATE

OFFEROR’S RFP CHECKLIST

SECTION 1: BACKGROUND

SECTION 2: SCOPE OF SERVICES AND SPECIFICATIONS

SECTION 3: CONTENTS OF PROPOSAL AND SUBMISSION

SECTION 4: EVALUATION

SECTION 5: PRE-SUBMISSION INQUIRIES

SECTION 6: SUBMITTALS

SECTION 7: COMMUNICATIONS

SECTION 8: SCHEDULE OF EVENTS

SECTION 9: TERMS AND CONDITIONS

Attachment A: CONTRACT, which includes all Exhibits attached thereto including:

• Scope of Services and/or Contractor Proposal

• Fee Schedule

• Certification of Contractor - Georgia Security and Immigration

Compliance Act

• Certification of Consultant - Drug-Free Workplace

• Affidavit Verifying Status for City Public Benefit Application

• Contractor Affidavit Under O.C.G.A. § 13-10-91(b)(1)

• Insurance Requirements

• List of Subcontractors

• Notice to Contractors - Compliance with Title VI of the Civil Rights

Act of 1964

PROPOSAL SIGNATURE AND CERTIFICATION

I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal (“Offeror”) for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for

Offeror. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq. have not been violated and will not be violated in any respect.

Print/Type Offeror Name Here: ___________________________________________

Authorized Signature for Offeror: ___________________________________________

Print/Type Signatory Name: ___________________________________________

Date: _________________________

CORPORATE CERTIFICATE

I, _________________, certify that: I am the Secretary of the company named as Offeror in the foregoing

Proposal; that ______________________________________________, who signed said Proposal on behalf of the Offeror, was then (title) __________________ of said company; that said Proposal was duly signed for and in behalf of said company by authority of its governing body, and is within the scope of its corporate powers; that said company is organized under the laws of the State of _________________ and is duly registered and authorized to do business in the State of Georgia in accordance with Georgia law.

This _____________ day of ___________________________, 2024.

(Signature)

(Seal)

Corporate Name: ________________________________________________________ d/b/a: ___________________________________________________

OFFEROR’S RFP CHECKLIST

Critical Things to Keep in Mind When Responding to an RFP for the City of Sandy Springs

1. _______ Read the entire document. Note critical items such as:

supplies/services required; submittal dates; number of copies required for submittal; contract requirements, if any (e.g. bonding and insurance requirements).

2. _______ Note the Procurement Officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information.

3. _______ Attend the pre-Proposal conference. These conferences provide an opportunity to ask questions, obtain a better understanding of the

Project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. This conference is voluntary, but all potential

Offerors are strongly encouraged to attend.

4. _______ Take advantage of the “question and answer” period. Submit your questions to the Procurement Officer by the due date listed in the RFP and view the answers given in any formal “addenda” issued for the RFP. All addenda issued for this RFP will be posted at https://sandysprings.bonfirehub.com/projects/133075/details.

5. _______ Follow the format required in the RFP when preparing a Proposal.

Provide point-by-point responses to all sections in a clear and concise manner.

6. _______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or Evaluation

Committee will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the City. Proposals are evaluated based on the information and materials provided in response to the RFP.

7. _______ Use the forms provided in the procurement package, if any.

8. _______ Review the RFP document again to make sure that you have addressed all requirements. The submittal in Bonfire will be provided to individuals evaluating Proposals and will be used to rank your

Proposal.

9. _______ Submit the Proposal on time. Note all the dates and times listed in this RFP and be sure to submit all required items on time. Late

Proposals will not be accepted.

This checklist is provided for assistance only and should not be submitted with your

Proposal.

SECTION 1: BACKGROUND AND PROJECT OVERVIEW

Introduction:

The City of Sandy Springs invites experienced operators to submit proposals for the lease and operation of retail space within the historic Williams-Payne House. This iconic building, situated at the site of the original springs from which the City derives its name, represents a unique opportunity for an operator, preferably in the food and beverage or boutique retail categories, to establish a presence in the heart of Sandy Springs' burgeoning City Springs District.

Background:

The Williams-Payne House holds significant historical and cultural value to the community of Sandy

Springs. This opportunity seeks to preserve the historical significance of the building and property while adapting them for modern use. As the City Springs District experiences continued revitalization and growth, the restoration and activation of this landmark property present an exciting opportunity to contribute to the area's vibrancy and sense of place.

The 2022 City Springs Master Plan Update defined a Vision Statement to guide future growth and development of the City Springs District, which serves as inspiration for this unique opportunity:

“City Springs is a vibrant, walkable district for Sandy Springs residents and visitors alike, strategically located along Roswell Road just outside the Perimeter. Offering an array of food and beverage options, unique shopping, fine arts and entertainment, outdoor spaces, and housing, the

City Springs District is a connected, sought-after destination within the metro Atlanta region.”

The City Springs District has experienced tremendous growth since the City’s incorporation, becoming a true destination with the addition of the Performing Arts Center and new options to live, work, and play within the District. The City owns approximately four acres of property directly south of the City Springs campus, including property within the same block as the Williams-Payne House, that will be developed through a public-private partnership. A preferred development partner was selected during the June 6, 2023, City Council meeting. The proposed development by Regent

Partners and Morris and Fellows is proposed to further the Vision to expand the vibrant, walkable

City Springs district by offering an array of food and beverage options, unique shopping, fine arts and entertainment, outdoor spaces, and housing.

The City assumed responsibility for the Williams-Payne House in 2020. Since that time, the City has replaced the cedar shingle roof and painted the house and added fencing and an ADA ramp to the front of the facility. The City does not have building or floor plans for the facility. The facility has a known structural issue with the floor joists that would need to be addressed by the successful offeror.

We look forward to receiving your proposals and partnering with a dynamic operator to breathe new life into the Williams-Payne House and contribute to the continued success of downtown Sandy

Springs.

SECTION 2: SCOPE OF SERVICES AND SPECIFICATIONS

Scope of Opportunity:

The City of Sandy Springs is seeking proposals from experienced and innovative operators interested in leasing and operating their concept in the space of the Williams-Payne House. The selected operator will be responsible for renovating and outfitting the space, appropriate to its historic character, to create a compelling destination for residents and visitors alike. Offerors may consider both the interior and exterior spaces surrounding the Williams-Payne House within their proposals. Potential uses for the space include, but are not limited to:

1. Food and beverage establishment (e.g., café, restaurant, bakery)

2. Boutique retail store (e.g., specialty goods, artisan crafts, local products, clothing)

The selected operator will be responsible for any needed capital improvements to the property, subject to approval by the City. Such capital improvements shall include a structural analysis to determine occupancy capacity and to address structural issues. The City is committed to supporting the selected operator's success and will consider responses that propose discounted rent for the duration of the lease term.

The property is currently zoned as Conservation and Open Space (CON-). The City will initiate the process to rezone the property for the proposed use, if deemed appropriate for operations within the historic structure. Alcohol sales would be permitted, contingent upon necessary rezoning and the Offeror obtaining all appropriate licensing.

Proposal Requirements:

Interested operators are invited to submit comprehensive proposals addressing the following key areas:

Component I: Capabilities and Approaches

1. Concept and Vision:

• Provide a detailed description of the proposed concept for the retail space, including the type of establishment, menu or product offerings, and target market.

• Outline the vision for the interior design and ambiance of the space, highlighting how it will preserve and complement the historic character of the Williams-Payne House.

2. Operational Plan:

• Demonstrate operational expertise and experience in the applicant’s industry.

• Describe your approach to staffing, sourcing/supply chain, and quality control to ensure there will be no interruptions to operations once the establishment opens.

• Must adhere to local, state, and federal licensing and legal requirements including allowed uses.

3. Renovation and Upgrades:

• Provide a comprehensive plan for renovating and upgrading the retail space, including proposed improvements to the interior layout, fixtures, and equipment, as well as any proposed modifications to the exterior of the building or surrounding grounds. This portion of the proposal should anticipate appropriate parking needs for the proposed use.

• Detail your timeline for completing renovations and obtaining necessary permits and approvals.

4. Marketing and Promotion:

• Describe your marketing and promotional strategies for attracting customers and generating awareness of the retail establishment.

• Identify potential partnerships with local businesses, organizations, and events to enhance visibility and drive foot traffic.

Component II: Performance Confidence

• Provide three examples of current or prior experience providing similar services or operations. Each example must include:

o Overview of Offeror’s scope of work within the operation o Dates of involvement, operation, etc.

o If currently operational, address of business o Website if applicable o Relevant metrics to demonstrate success of operation.

Component III: Cost/Price

• Present a realistic financial pro forma, including projected revenue, expenses, and profitability. Address both initial start-up costs as well as ongoing projections.

• Specify the requested lease term and proposed rent structure.

SECTION 3: CONTENTS OF PROPOSAL AND SUBMISSION

Proposal Submission

1. Economy of Presentation. Each Proposal shall be prepared simply and economically, providing straight-forward, concise delineation of the Offeror's capabilities to satisfy the requirements of this RFP. Colored displays and promotional materials are not required or encouraged. Each Proposal must emphasize completeness and clarity of content. To expedite evaluation of Proposals, it is essential that Offerors follow the format and instructions contained herein.

2. Form of Submittal. Proposals will be submitted and evaluated in three (3) components:

Technical Proposal, Cost/Fee Proposal, and Past Performance/Reference. All components shall be submitted separately through Bonfire at:

no later than 2:00 p.m. EST on July 12, 2024.

A Proposal received after this date and time or at any other location will not be accepted or considered. The City is not responsible for delays caused for any reason. It is the Offeror’s sole responsibility to submit its Proposal before the required deadline. Hard copy, electronic and facsimile submittals will not be accepted.

Proposals failing to comply with the instructions contained in this RFP may be found to be nonresponsive. The City may also choose not to evaluate, may deem nonresponsive, and/or may disqualify from further consideration any Proposals that do not follow the format required by this RFP, are difficult to understand, are difficult to read, or are missing any requested information.

3. Late Submissions, Withdrawals, and Corrections

a. Late Proposal. Regardless of cause, late Proposals will not be accepted and will automatically be disqualified from further consideration. It shall be Offeror’s sole risk to assure submittal to Bonfire by the designated time.

b. Proposal Withdrawal. An Offeror requesting to withdraw its Proposal prior to the Proposal due date and time may submit a letter to the Purchasing Officer requesting to withdraw. The letter must be on Offeror’s letterhead and signed by an individual authorized to legally bind Offeror.

An Offeror requesting to withdraw after the Proposal has been opened will be required to submit a letter with documented facts supporting the reason for withdrawal within two (2) business days of the opening. The letter must be on Offeror’s letterhead and signed by an individual authorized to legally bind the firm. The Offeror must present clear and convincing evidence that an unintentional error was made. Generally, Proposal withdrawals after Proposal due date/time for reasons other than obvious clerical errors are not permitted.

c. Proposal Correction. If an error is If an error is discovered prior to the opening of a Proposal, an Offeror may submit a corrected Proposal. The corrected Proposal should be clearly marked that it supersedes the Proposal originally submitted. If an obvious clerical error is discovered after the Proposal has been opened, Offeror may submit a letter to the Purchasing Officer within two (2) business days of opening, requesting that the error be corrected. The letter must be on Offeror’s letterhead and signed by an individual authorized to legally bind Offeror. The Offeror must present clear and convincing evidence that an unintentional error was made. The Purchasing Officer will review the correction request and a judgment will be made. Generally, modifications to opened Proposals for reasons other than obvious clerical errors are not permitted.

SECTION 4: EVALUATION

A. General Information

The RFP and Proposals will enable the City to gather additional information and identify a qualified Offeror to perform the services described in the Scope of Services and specifications. The City will conduct a comprehensive, fair and impartial evaluation of all proposals received. An evaluation committee will be established by the City to evaluate the proposals (“Evaluation Committee”). The City reserves the right to determine that no qualified Proposals have been received and reject all Proposals.

B. Best Value Evaluation

The City will evaluate Proposals and select the Proposal that represents the best value for the City.

By submission of its Proposal, the Offeror accedes to all requirements of this procurement, including terms and conditions, representations and certifications and technical requirements. Failure to meet a requirement may result in a Proposal being determined technically unacceptable.

C. Administrative Review

All Proposals received will be reviewed by the Purchasing Office, a division of the City’s Finance Department, to ensure that all administrative requirements of the RFP package have been met by the Offerors. Each Proposal shall be reviewed to ensure that the Offeror has followed all guidelines for Proposal submittal including, but not limited to: submission of a separately packaged Technical Proposal, Cost/Fee Proposal and Past Performance/References; only technical information is included in the Technical Proposal; only cost information is included in the Cost/Fee Proposal; and all documents requiring a signature have been signed and included. Failure to meet these requirements may be cause for rejection of a Proposal. All Technical Proposals that meet the administrative requirements will then be turned over to the Evaluation Committee for further consideration.

D. Scoring of Proposals

1. Technical Proposal. Utilizing the information submitted in response to Section 3 and elsewhere in this RFP, the Evaluation Committee will consider the following factors during the evaluation of the Technical Proposal:

a) Capabilities and Approaches:

• Alignment with the City's vision for the Williams-Payne House and the vision of the

2022 City Springs Master Plan Update.

• Creativity and feasibility of the proposed concept and vision.

• Demonstrated understanding of and commitment to historic preservation principles.

• Demonstrated operational capability and experience.

• Quality and thoroughness of the renovation, parking, and upgrade plan.

• Effectiveness of marketing and promotional strategies.

• Financial viability and sustainability of the proposed business model.

b) Past Performance:

As part of the Technical Proposal evaluation, the City will contact some or all of the references listed by the Offeror in its Technical Proposal. The City may also obtain data independently from other governmental and commercial sources, at its sole discretion. The purpose of this evaluation is to allow the City to assess the Offeror’s ability to perform the effort described in this RFP based on the Offeror’s demonstrated past performance. The City may also visit current Offeror operated facilities to evaluate Offeror customer service, facility maintenance, and general appearance of such locations.

2. Cost/Fee Proposal. Cost/Fee Proposals will be evaluated separately from Technical

Proposals. While the Cost/Fee Proposal is important to the City, cost will not be the sole determining factor in selecting an Operator. This is a best value evaluation, and the City reserves the right to award based on considerations other than the best Cost/Fee Proposal.

The City reserves the right to negotiate with one (1) or more Offerors should the City deem it is in its best interest to negotiate. To facilitate negotiations, the City reserves the right to revise and/or alter the Project scope. The City reserves the right to suspend negotiations with one (1) Offeror and to enter into negotiations with another Offeror.

The City of Sandy Springs reserves the right to reject any or all proposals and to negotiate terms and conditions with the selected operator. Submission of a proposal constitutes acceptance of the terms outlined in this RFP.

Components of the cost/fee proposal should include the following:

• Present a realistic financial pro forma, including projected revenue, expenses, and profitability. Address both initial start-up costs as well as ongoing projections.

• Specify the requested lease term and proposed rent structure.

E. Formal Interviews and Presentations

After the initial Proposal evaluation, one (1) or more Offerors may be invited to meet with members of the Evaluation Committee for a formal interview. At the City’s discretion, selected Offerors may be interviewed and re-evaluated based upon additional information received in these meetings against criteria stated in this RFP. Offerors may be asked to provide the Evaluation Committee supplemental information regarding demonstrated competence and qualifications, feasibility of implementing the Project as proposed, ability to meet schedules, costing methodology, or other factors as appropriate.

Any information requested by the Evaluation Committee subsequent to submission of the Offeror’s Proposal will be used to further evaluate the selected Offerors to determine a rank-order. Final approval of a selected Offeror is subject to the City’s Purchasing Policies and the approval of the City’s governing body.

Formal interviews and presentations are anticipated to be held on the date(s) set forth in Section 8. Each Offeror invited for formal interview will be contacted with a scheduled appointment time.

F. Negotiation and Best and Final Offer (applicable)

1. If the City deems it is in its best interest to retain the services of one (1) or more Offerors, the City reserves the right to negotiate a revised scope and/or fees. Negotiations will encompass all phases of work, including but not limited to: hourly rates, fees for services, markups for overhead and profit on subcontractors, a “not to exceed” contract amount, as well as any other items the City deems appropriate.

2. If negotiations are successful, the City and the successful Offeror will enter into an agreement to develop the services as outlined in this RFP. If an acceptable agreement cannot be reached between the City and the successful Offeror, the City may choose to negotiate with other Offeror(s).

3. Separate meetings with more than one (1) Offeror may be conducted during the same time frame; however, negotiation sessions with an Offeror will not be held in the presence of another Offeror.

4. “Best and final offer” is an option available to the City under the RFP process, which permits the City to request a “best and final offer” from one (1) or more Offerors if additional information is required to make a final decision. Offerors may be contacted to request that they submit their “best and final offer,” which must include any and all discussed revisions.

Offerors submitting Proposals should be aware that the Evaluation Committee has sole discretion to determine what constitutes the “best value and offer” for the City. Consequently, Offerors are urged to submit their best possible terms in their original submittal.

SECTION 5: PRE-SUBMISSION INQUIRIES

All questions or requests for clarification shall be sent via Bonfire under Message – Vendor Discussions:

or directed to: purchasing@sandyspringsga.gov.

Questions are due no later than June 14, 2024, 5:00 PM EST. Questions received after this date and time may not be answered.

Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information regarding this procurement will be posted on Bonfire at:

It is the Offeror’s responsibility to check Bonfire frequently for any addenda or other communications related to this procurement.

SECTION 6: SUBMITTALS

Proposals shall be submitted through Bonfire at:

no later than 2:00 PM EST on July 12, 2024.

A Proposal received after this date and time or at any other location will not be accepted or considered. The City is not responsible for delays caused for any reason. It is the Offeror’s sole responsibility to submit its Proposal before the required deadline. Hard copy, electronic and facsimile submittals will not be accepted.

SECTION 7: COMMUNICATIONS

Questions or comments regarding this procurement shall be submitted in writing via e-mail to the Procurement Officer ONLY (see address below). The Offeror shall clearly reference the section and page numbers of the RFP which are applicable to the question(s) or comment(s) submitted.

Note: Oral questions will not be accepted due to the possibility of misunderstanding or misinterpretation.

The principal point of contact for this procurement is the Procurement Officer, Reginald Starling, for the City. Mr. Starling can be reached via e-mail at purchasing@sandyspringsga.gov. Until an Operator is selected and the selection is announced regarding the procurement, elected officials, Evaluation Committee members, employees of the City, and contracted personnel receiving information and documents regarding this procurement are not allowed to communicate regarding the procurement for any reason with any potential or interested contractors, vendors, City staff, or contracted personnel except through the City's Procurement Officer or designated successor.

For violation of this restriction, the City reserves the right to reject the Proposal of any potential or interested contractor or vendor who knowingly participates in such violation. Any City staff or elected officials who violate this restriction acknowledge such conduct may result in an ethics violation pursuant to the City's ethics ordinance and/or disqualification from further participation in, or briefing on, the procurement. All communications concerning this procurement must be directed to the Procurement Officer named in this procurement.

SECTION 8: SCHEDULE OF EVENTS*

EVENT DATE

RFP Released May 15, 2024

Mandatory Pre-Proposal Meeting (On-Site) May 30, 2024, 10am

Deadline for Receipt of Inquiries June 14, 2024, 5pm

Deadline for Posting Written Answers to Inquiries June 21, 2024

Proposal Due Date July 12, 2024

Proposal Evaluations Completed July 19, 2024

Interviews “TBD”

Offeror/ Selection “TBD”

*This proposed schedule of events is informational and is subject to change at the discretion of the City.

SECTION 9: TERMS AND CONDITIONS

All Proposals and supporting materials as well as correspondence relating to this procurement become property of the City when received. Any proprietary information contained in the Proposal shall be so indicated; however, a general indication that the entire contents, or a major portion, of the Proposal is proprietary will not be honored. The following terms and conditions shall also apply:

1. All applicable federal and state laws and City ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Offerors throughout the solicitation and the Project and are incorporated herein.

2. Gratuities, Rebates, or kickbacks.

a. Gratuities. It is prohibited for any person to offer, give, or agree to give any City

Representative, or for any City Representative to solicit, demand, accept, or agree to accept from another person, a gratuity, rebate or offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of this RFP influencing the content of any specification or standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this RFP or a Contract or subcontract, or to any Solicitation or response therefore in any manner inconsistent with the State of Georgia’s Department of Administrative Services

Gratuity Policy located in the Georgia Procurement Manual Section I.4.

b. Kickbacks. It is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a Contract to the prime Contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the Award of this

RFP.

c. Rebates. It is prohibited for any rebate to be offered for the sole purpose of inducement. Rebates normally or routinely offered to all customers for the purchase of

Goods and Services are acceptable and are the property of the City.

d. Nothing in this section shall preclude a City Representative from attending seminars, courses, lectures, briefings, or similar functions at any Offeror's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the City Representative with knowledge and information relative to the Offeror's Goods or Services and is one the City Manager determines would be beneficial to the City.

In connection with any such seminar, course, lecture, briefing, or similar function, nothing shall preclude the City Representative from receiving meals from an Offeror. Nothing in this section shall preclude the City Representative from receiving educational materials and business related items of not more than nominal value from an Offeror. Nothing contained in this section shall permit the City Representative to accept free travel from the Offeror outside the State of Georgia or free lodging in or outside the State of Georgia.

3. Professionals requiring special licenses shall be licensed in the State of Georgia, and shall be responsible for those portions of the work as may be required by law.

4. No Proposal shall be accepted from, and no contract shall be awarded to, any person, firm, or corporation that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City.

5. The City shall be able to request of an Offeror satisfactory evidence that it has the necessary financial resources to accomplish the requirements of the contract.

6. From the date this RFP is issued until a Consultant is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this procurement, except at the direction of Reginald Starling, Senior Buyer for this procurement. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows:

Reginald Starling, Senior Buyer City of Sandy Springs

1 Galambos Way Sandy Springs, Georgia 30328

E-mail: purchasing@sandyspringsga.gov mailto:purchasing@sandyspringsga.gov

7. While the City has every intention to make an award as a result of this procurement, issuance of the RFP in no way constitutes a commitment by the City to award and execute a contract.

Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

a. Cancel or terminate this RFP at any time. A notice of cancellation will be issued if the RFP is cancelled.

b. Preparation of a Proposal is the Offeror’s sole financial responsibility.

c. The City will not reimburse any Offeror for preparation of its Proposal. Proposals may be returned upon request, if unopened.

d. Reject any or all Proposals received, make a contract award based directly on the

Proposals received in the best interest of the City, in its sole discretion, or enter into further discussions with one (1) or more Offerors.

e. Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this RFP which would not have significant impact on any

Proposal.

f. Make partial award or no award if it is in the best interest of the City to do so.

g. Terminate any contract if the City determines adequate funds are not available or if it is in the City’s best interest to do so.

h. The City reserves the right to award multiple contracts for the Project Scope described in this procurement. If the contract awarded pursuant to this procurement is terminated for any reason, the City reserves the right to request from an eligible Respondent a cost proposal and an executed contract.

SECTION 10: CONTRACT INFORMATION

The form of agreement (“Contract”) the City intends to execute with the selected Offeror is included in this RFP as Attachment A. Offerors are urged to read this Contract carefully prior to submitting a

Proposal.

In general, the City is unable to negotiate or revise contract provisions. If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the Offeror shall address these concerns in writing during the pre-submittal inquiries period. The Procurement Officer will review and determine the appropriate response. If the City determines a change is warranted; an addendum will be posted to this RFP. If an Offeror is unwilling to execute the Contract, whether modified by addendum or not, a Proposal should not be submitted.

The City may deem any Proposal containing contract changes or exceptions non-responsive and reject the Response.

This RFP document, together with its addenda, amendments, attachments, modifications, Offeror’s

Proposal, including any amendments, a “best and final offer,” and any clarification question responses, when executed, becomes part of the contract between the parties. The City does not intend to accept alternate terms and conditions to the Contract. All questions are due in writing no later than the date stated on the first page of this RFP. Questions received after this date and time may not be answered.

Prior to award, the apparent selected Offeror may be required to enter into discussions with the City to resolve any contractual differences before an award is made. These discussions shall be finalized, and all exceptions resolved within one (1) week of notification; if not, the Proposal may be rejected and discussions initiated with the second highest scoring Offeror.

The selected Offeror shall not begin performance of services requested by this RFP prior to the execution of a formal agreement (based on the Contract) by the City and selected Contractor. Any

Contractor beginning performance prior to the execution of a formal agreement shall be deemed to be proceeding at the Contractor’s risk and shall not be entitled to any compensation for such performance. In addition, the City reserves the right to withdraw or cancel an award.

The City may, by written notice to the selected Offeror, terminate any resulting agreement without cause. The City must give notice of termination to the selected Offeror at least thirty (30) days prior to the effective date of termination.

AGREEMENT FOR THE WILLIAM PAYNE HOUSE OPERATOR

THIS AGREEMENT FOR SERVICES (“Contract”) is made as of the execution date by the City (the “Effective Date”), and between________________________ (hereinafter “Contractor”) located at __________________________and the City of Sandy Springs, Georgia, a Georgia Municipal Corporation located at 1 Galambos Way, Sandy Springs, Georgia (“Sandy Springs” or “the City”).

W I T N E S S E T H:

WHEREAS, on May 15, 2024 the City of Sandy Springs issued its Request for Proposals William Payne House Operator (“RFP”), to identify and engage a qualified contractor to provide such services for the City; and

WHEREAS, Contractor is engaged in the business of providing William Payne House Operation Services and submitted a response to the RFP (“Proposal”); and

WHEREAS, the City has a need to acquire the services described in the Scope of Services attached hereto as Exhibit A (“Services”); and

WHEREAS, the term “Services” includes services performed, workmanship, and material furnished or utilized in the performance of Services pursuant to this Contract; and

WHEREAS, Contractor is willing and able to render the Services and wishes to perform the Services for the City; and

WHEREAS, the City wishes to acquire the Services from Contractor;

NOW, THEREFORE, in consideration of the mutual terms, conditions and covenants set forth herein, the parties hereto agree as follows:

A. Services.

Contractor hereby agrees to render the Services to the City as set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. Contractor agrees to perform the Services at the direction of the City Manager, or designee (“Director”), in the manner and to the extent required by the parties herein, as may be amended hereafter in writing by mutual agreement of the parties.

B. Compensation.

1. Fee. As consideration for the Services, the Contractor shall pay to the City the fees described in Exhibit B attached hereto and incorporated herein by this reference.

2. Manner of Payment. Together with the agreed upon monthly fee payment, Contractor shall prepare and submit to the Director a report to include a certified statement of monthly revenues and expenses, monthly participation numbers by activity, facility maintenance activities, and new maintenance issues with the agreed upon fee payment.

3. Notice of the City ’s Use of Outside Contractors to Review Submitted Invoices.

The City may utilize support contractors to assist the City in the review and evaluation of Contractor’s invoices and similar requests for payment or evidence of delivery. Support contractors will be provided access to these and other records to support City officials in reviewing and reconciling invoices, payment records, and the City’s financial and budgetary records, and in facilitating the timely payment of submitted invoices. Such documents and records may contain the proprietary information of Contractor including, but not limited to, awarded contracts.

Each of the support contractor employees may, at the direction of the Contractor to the City Manager, be required to execute a non-disclosure agreement which acknowledges that the support contractor employees:

a. Shall use proprietary information only in performance of the above tasks and for no other reason;

b. Shall not share proprietary information with his or her employer;

c. Shall not use such information for personal or other benefit; and

d. Shall promptly notify his or her employer of any breach of his or her responsibilities.

Unless Contractor specifically objects in writing, Contractor agrees, by submission of a Proposal, to allow the City’s support contractors to have access to Contractor’s proprietary information for the purposes described above. Contractor is required to promptly notify the City Manager of any breach of the non- disclosure obligations of this section.

C. Inspection of Services.

1. Contractor shall provide and maintain a system, acceptable to the City, for inspecting all Services it provides under this Contract. Complete records of all inspection work performed by Contractor shall be maintained and made available to the City during performance of this Contract and for a period of three (3) years following Contract termination.

2. The City has the right to inspect and test all Services called for by the Contract, to the extent practicable, at all times and places during the term of the Contract. The City shall perform inspections and tests in a manner that will not unduly delay the work.

3. If the City performs inspections or tests on the premises of Contractor or a subcontractor, Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

4. (a) If any of the Services do not conform to Contract requirements or industry standards, the City may require Contractor to perform the Services again in conformity with Contract requirements, at no increase in Contract amount. When the defects in Services cannot be corrected by re-performance, the City may:

I. Require Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and

II. Reduce the Contract price to reflect the reduced value of the Services performed.

(b) If Contractor subsequently fails again to take the necessary action to ensure future performance in conformity with Contract requirements, the City may:

I. By contract or otherwise, perform the Services and charge to Contractor any cost incurred by the City that is directly related to the performance of such Services; or

II. Terminate the Contract for default by procedures set forth in this Contract.

D. City Property.

1. Definitions. As used in this section:

“Acquisition Cost” means the cost to acquire a tangible capital asset including the purchase price of the asset and costs necessary to prepare the asset for use. Costs necessary to prepare the asset for use include the cost of placing the asset in location and bringing the asset to a condition necessary for normal or expected use.

“Cannibalize” means to remove parts from City Property for use or for installation on other City Property.

“City-Furnished Property” means Property in the possession of, or directly acquired by, the City and subsequently furnished to Contractor for performance of the Contract. City- Furnished Property includes, but is not limited to, spares and Property furnished for repair, maintenance, overhaul, or modification.

“City Property” means all Property owned or leased directly by the City, including the Williams Payne House. City Property includes Material, Equipment, vehicles, special tooling, special test Equipment, and real Property. City Property does not include intellectual property and software. City Property includes logos, trademarks and service marks owned or controlled by the City.

“Contractor-Acquired Property” means Property acquired, fabricated, or otherwise provided by Contractor for performing a contract.

“Discrepancies Incident to Shipment” means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

“Equipment” means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include Material, real Property, special test Equipment or special tooling.

“Inventory” means:

a. Any Property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is subsequently vested in the City and which exceeds the amounts needed to complete full performance under the entire Contract;

b. Any Property that the City is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the full or partial termination of the Contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the City; and

c. City-Furnished Property that exceeds the amounts needed to complete full performance under the entire Contract.

“Material” means Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include Equipment, special tooling, special test Equipment or real Property.

“Property” means all tangible property, both real and personal.

“Property Records” means the records created and maintained by Contractor in support of its stewardship responsibilities for the management of City Property.

“Provide” means to furnish, as in City-Furnished Property, or to acquire, as in Contractor- Acquired Property.

2. Property Management.

a. Contractor shall have a system to manage (control, use, preserve, protect, repair and maintain) City Property in its possession. The system shall be adequate to satisfy the requirements of this section. In doing so, Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective control of City Property, consistent with voluntary consensus standards and/or industry-leading practices and standards for City Property management except where inconsistent with law or regulation. During the period of performance, Contractor shall disclose any significant changes to its Property management system to the City Manager prior to implementation.

For purposes of this provision, “system to manage” means defined procedures and methodology.

b. Contractor’s responsibility extends from the initial acquisition and receipt of Property and Material, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus Property), or other disposition, or via a completed investigation, evaluation, and final determination for lost, stolen, damaged, or destroyed Property and Material. This requirement applies to all City Property under Contractor’s accountability, stewardship, possession or control, including its vendors or subcontractors.

c. Contractor shall include the requirements of this section in all subcontracts under which City Property is acquired or furnished for subcontract performance.

3. Use of City Property.

a. Contractor shall use City Property, either furnished or acquired under this Contract, only for performing this Contract and such Property shall not be used for non-City Contractor business or for personal uses unless otherwise provided for in this Contract or approved by the City Manager.

b. Modifications or alterations of City Property are prohibited, unless they are:

i. Reasonable and necessary due to the scope of work under this Contract or its terms and conditions;

ii. Required for normal maintenance; or

iii. Otherwise authorized by the City Manager.

c. Contractor shall not Cannibalize City Property unless otherwise provided for in this Contract or approved by the City Manager.

4. City-Furnished Property.

a. The City shall deliver to Contractor the City-Furnished Property described in this Contract. The City shall furnish related data and information in its possession needed for the intended use of the Property.

b. The delivery and/or performance dates specified in this Contract are based upon the expectation that the City-Furnished Property will be suitable for Contract performance and will be delivered to Contractor by the dates stated in the Contract.

i. If the Property is not delivered to Contractor by the dates stated in the Contract, the City Manager shall, upon Contractor’s timely written request, consider an equitable adjustment to the Contract.

ii. In the event Property is received by Contractor, or for City-Furnished Property after receipt and installation, in a condition not suitable for its intended use, the City Manager shall, upon Contractor’s timely written request, advise Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the Property at the City’s expense. Upon completion of the required action(s), the City Manager shall consider an equitable adjustment to the Contract).

c. The City Manager may by written notice, at any time:

i. Increase or decrease the amount of City-Furnished Property under this Contract;

ii. Substitute other City-Furnished Property for the…