26-02_Concession_Operations_at_North_Mt._Carmel_Recreation_Center.pdf

RFP #26-02, Concession Operations at North Mt. Carmel Recreation Center – Annual Contract Page 1 of 27

*The posting of additional addenda may be required and it is the responsibility of the Proposer to ensure that they review the County’s website for any additional addenda, and that they submit acknowledgement of all applicable addenda (on the included form) with their solicitation. Proposers should not expect to be individually notified by Henry County.

Henry County

Purchasing Department 140 Henry Parkway, McDonough, GA 30253

Phone: 770-288-6027 Fax: 770-288-6047

Website: henrycounty-ga.com/purchasing

REQUEST FOR PROPOSAL

Sealed Envelope shall be marked with the following information:

RFP # 26-02

Concession Operations at North Mt. Carmel Recreation Center – Annual Contract Due Date and Time: October 8, 2025, 3:00 PM

SCHEDULE OF EVENTS FOR

A Mandatory Pre-Proposal Conference and site visit has been scheduled on September 17, 2025, at 307 North Mt. Carmel Road, Hampton, GA 30228.

Attendance at the Pre-Proposal Conference is mandatory for Proposers responding to this proposal; proposers must attend. We will meet at the main/front of Rec Center.

11:00 AM

September 17, 2025

Deadline for requests for clarifications and questions. Any possible exceptions to the bid specifications and/or terms and conditions should be addressed during this phase. These requests will be answered in an addendum and must be submitted through the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/henryga

3:00 PM

September 24, 2025

*Deadline for first addendum, if required, posted on Henry County’s eProcurement Portal at: https://procurement.opengov.com/portal/henryga

3:00 PM

October 1, 2025

Sealed bids will be accepted until the due date and time. Any late submittals will not be considered. Bids may be submitted by mail, common carrier or delivered in person. Electronic bids are to be submitted through the County’s eProcurement Portal at https://procurement.opengov.com/portal/henryga

3:00 PM

October 8, 2025

THIS FORM MUST BE SIGNED AND SUBMITTED TO BE CONSIDERED FOR AWARD

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

https://procurement.opengov.com/portal/henryga

RFP #26-02, Concession Operations at North Mt. Carmel Recreation Center – Annual Contract Page 2 of 27

Concession Operations at North Mt. Carmel Recreation Center – Annual Contract

TABLE OF CONTENTS Page

SECTION I – GENERAL OVERVIEW

A - BACKGROUND 3

B - GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS 3 - 12

SECTION II – SPECIFICATIONS

A - SCOPE 13 – 14

B – CONTRACT TERMS 14 – 15

C – INSURANCE REQUIREMENTS 15 - 16

SECTION III – PROPOSAL FORMAT

A – TECHNICAL PROPOSAL FORMAT 17

B – COST PROPOSAL FORMAT 18

SECTION IV - EVALUATION AND SELECTION CRITERIA 19

SECTION V - FORMS

STANDARD CONTRACT 20

BID AUTHORIZATION AFFIDAVIT 21

NON-CONFLICT OF INTEREST 22

GA SECURITY & IMMIGRATION COMPLIANCE AFFIDAVIT 23

SUPPLIER INCLUSION PROGRAM 24

COST PROPOSAL 25

CHECKLIST FOR RFP DOCUMENTS 26

SECTION VI – REQUEST FOR PROPOSAL LABEL 27

RFP #26-02, Concession Operations at North Mt. Carmel Recreation Center – Annual Contract Page 3 of 27

SECTION I - GENERAL OVERVIEW

A. BACKGROUND

Henry County Government is seeking proposals from qualified vendors to operate and manage a concession, smoothie, and/or coffee bar within the North Mt. Carmel Recreation Center. The selected operator will be responsible for providing high-quality, consistent food and beverage service in a safe, clean, and customer-focused environment.

B. GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS

1. Proposals Submission

a. These instructions will bind proposers to terms and conditions herein set forth, except as specifically stated otherwise in special contract terms with any individual proposal. These instructions are to be considered an integral part of the proposal.

b. Proposals may be submitted by mail, common carrier or delivered in person. Electronic bids are to be submitted through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/henryga). Emailed or faxed submittals are not acceptable. It shall be the duty of each proposer to ensure that their proposal is delivered within the time and at the place prescribed in this document. Proposals received prior to the time fixed in this proposal document will be securely kept unopened. A date/time stamp will be affixed to the envelope/package immediately upon its arrival to the Purchasing Department. Any proposal received at the office designated in this document after the exact time and date specified, will not be considered. If a late proposal is received via carrier, it will be marked “late proposal” and will not be opened. If a late proposal is hand delivered, it will be returned unopened to the presenter.

c. At the date and time specified for the opening of the proposal, the proposal shall be publicly opened and read aloud for the information of proposers and others present.

d. The proposal must be submitted in a sealed envelope/parcel on or before the date and time stated in this document and is to be mailed or delivered to:

Henry County Purchasing Department 140 Henry Parkway

McDonough, Georgia 30253

RFP # 26-02

Concession Operations at North Mt. Carmel Recreation Center – Annual Contract

e. The Submittal Checklist must be reviewed and the Proposer is to comply with the order of the submittal of documents. This document along with the cover page (page 1) is to be included with the proposal.

f. The following items are to be included if proposals are submitted by mail, common carrier or delivered in person:

• One (1) unbound clearly marked “Original,” of the proposal documents

• One (1) digital copy in PDF format on a USB flash drive identical to the original proposal documents. The USB flash drive should be labeled with the RFP number and proposer’s name.

• If required – One (1) original “Cost Proposal.” The Cost Proposal is to be submitted in a separate sealed envelope and marked “Cost Proposal.”

g. All proposals must be manually signed and filled out legibly (typewritten or printed in ink) with all changes or corrections initialed by the person signing the proposal.

h. If descriptive literature is attached to the proposal, your firm’s name must be on all sheets submitted.

i. Each proposal submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this Proposal request. The failure or omission of any proposer to examine any form, instrument or document shall in no way relieve any proposer from

RFP #26-02, Concession Operations at North Mt. Carmel Recreation Center – Annual Contract Page 4 of 27 obligations in respect to the proposal submittal or the compliance of the terms, conditions and requirements of the proposal.

j. Individual contractors shall provide their Social Security number and proprietorships; partnerships and corporations shall provide their Federal Employer Identification number on page one of this proposal documents and provide a completed W9 form to be submitted with the proposal.

k. The authorized representative whose signature will appear on the proposal submitted certifies that the Proposer has carefully examined the instructions of this proposal and the terms and specifications applicable to and made a part of this proposal. The Proposer further certifies that the prices shown on the Proposal Price Submittal Form is in accordance with the conditions, terms and specifications of the proposal and that any exception taken thereto may disqualify the proposal.

l. Any documentation submitted with or in support of a proposal or proposal shall become subject to public inspection under the Georgia Open Records Act. Labeling such information “Confidential”, “Proprietary”, or in any other manner shall not protect this material from public inspection upon request. All records become subject to public inspection only after award of the contract or purchase order.

2. Preparation of Proposals

a. Negligence on the part of the proposer in preparing the proposal confers no right for withdrawal or modification in any way after the deadline for the proposal opening.

b. Unit price must be shown on the Proposal Cost Submittal Form in this document. All proposals should be tabulated, totaled and checked for accuracy. The unit price will prevail in case of errors.

c. All product, equipment, article or material must be new and unused or current production. No reconditioned or used item(s) will be accepted except as specifically requested herein. Units that are classified as prototype or discontinued models are not acceptable.

d. Samples of items, when required, must be submitted within the time specified and unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the proposer’s request and expense if items are not destroyed by testing.

e. Full identification of each item proposal upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what the proposer is offering. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term “or equal” if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective proposers are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the proposal for further consideration. Final determination of equivalency will be determined by Henry County.

3. Clarification and Communication to County Concerning Proposal

a. From time to time, the Purchasing Department may have to release written changes to a solicitation. These formal written changes are called addendum or if multiple, Addenda. It is the responsibility of the Proposer to ensure that they have all applicable addenda prior to the proposal submission. Therefore, we encourage all Bidders to frequently review the County’s eProcurement portal at (https://procurement.opengov.com/portal/henryga).

All addenda forms must be signed and submitted with the proposal. Failure to respond and acknowledge any addenda, even after the proposal opening, shall result in a non-responsive proposal.

b. The successful firm’s proposal and all addenda will become a part of the agreement resulting from this document.

c. Proposers seeking an award of a Henry County contract shall not initiate or continue any verbal or written communication regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Department

RFP #26-02, Concession Operations at North Mt. Carmel Recreation Center – Annual Contract Page 5 of 27 between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business shall be disqualified from consideration for award. EXCEPTION to the above would be emailing request for clarification and/or questions to the County’s eProcurement portal at https://procurement.opengov.com/portal/henryga. (These requests will be answered in an addendum. Please see schedule of events.)

4. Pre-Proposal Conference

The Pre-Proposal Conference or any other information session (if indicated in the schedule of events) will be held at the offices referred to in the “Schedule of Events” of this RFP. Unless indicated otherwise, attendance is not mandatory; although suppliers are strongly encouraged to attend. However, in the event the conference has been identified as mandatory, then a representative of the supplier must attend the conference in its entirety to be considered eligible for contract award.

5. Rejection and Withdrawal of Proposals

a. Withdrawal of Proposal due to errors, the supplier has up to forty-eight (48) hours to notify the

Purchasing Department of an obvious clerical error made in calculation of proposal in order to withdraw a proposal after proposal opening. Withdrawal of proposal for this reason must be done in writing within the forty-eight hour period.

b. The County will make a recommendation of the proposal to the Board of Commissioners within 60 days from the date of the opening, unless the successful Bidder agrees in writing to a longer period for the award.

c. The County may reject all or part of the proposal within 60 days of proposal opening.

6. Proposal and Contract Documents

a. A proposal executed by an attorney or agent on behalf of the proposer shall be accompanied by an authenticated copy of the Power of Attorney or other evidence of authority to act on behalf of the proposer.

Corporation: If the Proposer is a corporation, the proposal must be submitted in the name of the Corporation, not simply the corporation’s trade name. In addition, the proposal must be signed by an officer of the corporation.

Partnership: If the Proposer is a partnership, all partners must sign the proposal. If all the partners do not sign the proposal, then the names of all those except limited partners must be furnished on the proposal and evidence of the authority of the signer(s) to execute the proposal on behalf of the partnership.

Limited Liability Company (LLC): If the Proposer is a limited liability company, the authorized agent having authority to bind the limited liability company must sign the bid documents.

Sole Proprietorship or Individual: If the Proposer is a sole proprietor or individual, a signature is required on all bid documents by that individual.

b. The contract documents consist of this Agreement, Specifications and Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representation or agreements, either written or oral.

c. Contract Term – The time period of the agreement, if any is formed from this RFP, will be determined after the review and evaluation of the Time Line Schedules submitted by the successful Consultant.

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7. Exceptions and Omissions Any exceptions to the specifications and/or terms and conditions must be addressed during the question/clarification and addendum phases.

8. Alterations of Solicitation and Associated Documents Alterations of County documents are strictly prohibited and will result in automatic disqualification of the proposer’s solicitation response.

9. Cost Incurred by Vendors

All expenses involved with the preparation and submission of the RFP to the Henry County Board of Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).

10. Codes, Permits, Fees, Licenses and Law

a. All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Proposer. All materials, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, shall apply to the contract throughout and will be deemed to be included in the contract the same as though herein written out in full.

b. Effective July 1, 2008: All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law, O.C.G.A. Section 43-41-17.

c. State Law regarding Worker Verification requires that all who enter into a contract for the physical performance of services with the County must satisfy O.C.G.A. §13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract. By submitting a proposal to the County contractor agrees that in the event the contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the contractor will secure from the subcontractor(s) such subcontractor(s) indication of the employee-number category applicable to the subcontractor, as well as attestation(s) from such subcontractor(s) that they are in compliance. Such attestation(s) shall be maintained and may be inspected by the County at any time. An affidavit of such compliance included with the proposal, must be signed by the contractor, and will become part of the contract.

11. Safety

All vendors and subcontractors performing services are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract.

12. Design, Standards and Practices

Design, strength, quality of materials and workmanship must conform to the industry acceptable standards of engineering practices and/or professional services.

13. Statement of Warranty

A Statement of Warranty should include all applicable manufacturers’ warranty and the Contractor’s warranty in regards to equipment, materials and workmanship. This statement shall include the terms, conditions and the period of warranty coverage. Any exclusion(s) must be clearly stated.

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14. Non-collusion By submitting a proposal in response to this solicitation, the proposer represents that in the preparation and submission of this proposal, said Proposer did not either directly or indirectly, enter into any combination or arrangement with any person, Proposer, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections

59.1 – 68.6 through 59.68.8). Collusion and fraud in proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

15. Nondiscrimination

Notwithstanding any other provision of this Agreement, during the performance of this Agreement Contractor, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Agreement does hereby covenant and agree, as a covenant running with the land, that:

a. No person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination;

b. In the production of the vehicle(s), and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination.

16. Drug Free Workplace Certification

By signing the Supply Service Contract form, the Contractor certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-free Workplace Act”, have been complied with in full. The undersigned further certifies that:

a. A drug-free workplace will be provided for the Contractor’s employees during performance of the contract; and

b. Each Contractor who hires a subcontractor to work in a drug-free work place shall secure from that subcontractor the following written certification:

“As part of the subcontracting agreement with (Contractor’s name), (Subcontractor’s name) certifies to the Contractor that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of Code Section 50-24-3”.

c. The Contractor further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

d. Contractor may be suspended, terminated, or debarred if it is determined that:

(1) The Contractor has made false certification hereinabove; or

(2) The Contractor has violated such certification by failure to carry out the requirements of the Official Code of Georgia Section 50-24-3.

17. Georgia Security and Immigration Compliance Act Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia Department of Labor Rule 300-10-02 are conditions of this proposal and contract document. The Contractor further agrees that such compliance shall be attested by the Contractor and any of his Subcontractors by execution of the appropriate Affidavit and Agreement which will be included and become a part of the Agreement between Henry County and the successful Contractor.

18. Supplier Inclusion Program Small, local, veteran-owned, Disadvantaged Business Enterprise (DBE), and female-owned business enterprises are encouraged to participate in the solicitation process. Please see the Supplier Inclusion

RFP #26-02, Concession Operations at North Mt. Carmel Recreation Center – Annual Contract Page 8 of 27

Program form for a description of each of these type businesses.

19. Delivery and F.O.B. Destination

a. All prices shall include shipping and delivery cost to our destination; F.O.B., Henry County, Georgia, unless otherwise requested. The proposer shall handle all material procurement, storage and delivery to project site. Unless otherwise specified in this specification, proposer shall supply all materials required. The County will grant no allowance for boxing, crating or delivery unless specifically provided for in this proposal. The proposer shall retain title for the risk of transportation, including the filing for loss or damages.

b. The County desires delivery of the product(s) or service(s) as specified at the earliest possible time after the date of award. Unreasonable delivery may be cause for disqualifying a proposal. Each firm shall state a definite delivery time and avoid using general terms such as "ASAP" or approximately so many days.

20. Discounts

Cash discounts for early payment (i.e. 2%-10) or Net 30 terms should be shown separately, even if terms are Net.

21. County’s Tax Exemption

Henry County is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by Henry County. Exemption certificates furnished upon request.

22. Award of Contract

a. Henry County desires to complete the award process in a timely manner. Henry County reserves the right to reject or accept any or all proposals, whole or any parts hereof, by item or group of items, by section or geographic area, or make multiple awards and be the final approval of proposal(s) selection which would be the most advantageous to the County with price and other factors considered. Henry County may elect to waive any technicalities. The proposal will be awarded to highest scored proposer(s), if awarded. The proposal specifications and results will be available on the County’s eProcurement Portal at:

(https://procurement.opengov.com/portal/henryga).

b. Henry County reserves the right to reject any proposal if the evidence submitted by or investigation of, the proposer fails to satisfy the County that the proposer is properly qualified to carry out the obligations of the Contract. If the successful proposer defaults on their proposal, an award may be made to the next low responsive and responsible proposer.

Responsibility - The determination of the proposer’s responsibility will be made by the County based on whether the proposer meets the following minimum standard requirements:

• Maintains a physical location presence and permanent place of business.

• Has the appropriate and adequate technical experience required.

• Has adequate personnel and equipment to perform the work expeditiously

• Able to comply with the required or proposed delivery and installation schedule.

• Has a satisfactory record of performance.

• The ability of proposer to provide future maintenance and service for the use of the contract under consideration.

• Has adequate financial means to meet obligations incidental to the work.

• Such other factors as appear to be pertinent to either the proposal or the contract.

Responsiveness - The determination of the proposer’s responsiveness will be made by the County based on a consideration of whether the proposer has submitted complete proposal documents meeting proposal requirements without irregularities, excisions, special conditions, or alternatives proposals for any item unless specifically requested in the proposal solicitation.

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c. Henry County is subject to making records available for disclosure after the Board of Commissioners approval of the recommendation. The award shall be made by the Board of Commissioners of Henry County unless the lowest, qualified bid is less than the Board of Commissioners’ approval limit. No claim shall be made by the selected Consultant for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of the proposal. The total of the awarded contract shall not exceed the available funds allocated for the proposal project.

23. Local Vendor Privilege

a. There is established in Henry County, a local vendor privilege. Bids or proposals awarded to local vendors contribute to the local tax base and will therefore be given special consideration when bidding against out-of-jurisdiction (out-of-county) vendors. Bids or proposals received from local vendors will be given preference if such bid or proposal is responsive and within five

(5) percent of the low bid submitted by any out-of-county bidder. In such instance, the local vendor will be given the opportunity to match the low bid offered by the out-of-county vendor. If such local vendor agrees to match the low bid received from the out-of-county vendor within the time specified by the county, the bid shall be awarded to the local vendor.

b. A local vendor shall only be eligible to receive the benefit of this privilege if it meets each of the following requirements prior to any award of a contract or purchase:

(1) The business or supplier must operate and maintain a regular place of business within the geographical boundaries of Henry County; and

(2) The business or supplier must have a current occupational tax certificate; and

(3) The business or supplier must have paid all real and personal taxes owed the county; and

(4) The business or supplier must certify its compliance with the Georgia Security and

Immigration Act.

c. This policy shall not apply to any bid or proposal for material, equipment or services in excess of one hundred thousand dollars ($100,000.00). In such cases, the bid award shall be subject to the competitive bidding requirements as otherwise provided herein or general law.

24. County Direction of Project Site and Monitoring of Work

a. The Contractor may have a Project Coordinator, but the project site shall remain under the control of Henry County. The Contractor shall provide and make available an appointee to Henry County for project coordination and supervision of Proposer installation personnel. Coordination consist of meeting with the Henry County representatives to review the project; on site walk throughout of installation area(s) before the installation begins; review installation procedures; review installation progress and to handle any problems during installation until project completion.

b. The successful Proposer will promptly correct all work rejected by the County as faulty, defective, or failing to conform to the Minimum Specifications and/or to consensus standards adopted by both government and industry governing the repairs, whether observed before or after substantial completion of the work, and whether or not fabricated, installed, or completed. The successful Proposer will bear all costs of correcting such rejected work.

c. The Contractor shall insure all trash generated by work performed shall be removed from the site and properly disposed as each work operation is completed in a given area. Additionally, the Contractor shall ensure all disturbances to the area where the Contractor performed work are restored to the same condition prior to start of the project. If an inspection reveals that the Contractor fails to clean up after work has been performed. The County will notify the Contractor of the discrepancy and the Contractor will have twenty-four (24) hours to make the correction.

Should the Contractor still fails to clean the area, the County reserves the right to make other arrangements to have the area cleaned and the County shall deduct the cost from the Contractor’s invoice.

d. No one except authorized employees of the Contractor is allowed on the premises of Henry County facilities. Contractor employees are not to be accompanied in their work area by acquaintances, RFP #26-02, Concession Operations at North Mt. Carmel Recreation Center – Annual Contract Page 10 of 27 family members, assistants, or any other person unless said person is an authorized employee of the Contractor.

e. All information disclosed by Henry County to the successful Contractor for the purpose of the work to be done or information that comes to the attention of the successful Contractor during the course of performing such work is to be kept strictly confidential.

25. Indemnification

a. The vendor that is selected as the contractor shall, at its own expense, protect, defend (but only to the extent not prohibited by O.C.G.A. §13-8-2(c)), indemnify, save and hold harmless Henry County and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that Henry County and its elected and appointed officers, employees, servants and agents may incur as a result of the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of the contract.

b. The contractor’s indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs and expenses which are paid out in behalf of or reimbursed to the County, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the contractor, but only to the extent and for such claims as are permitted under O.C.G.A. §13-8-2(c).

26. Controlling Law, Venue

Any dispute arising as a result of this proposal and/or an Agreement which was created from the terms, conditions and specifications of this document or their interpretation, litigation shall only be entered into and shall be performed in Henry County, Georgia. This Agreement shall be governed by the applicable laws of the County of Henry and the State of Georgia. Any dispute arising out of the agreement, this proposal solicitation, its interpretations, or its performance shall be litigated only in the County of Henry Judicial Courts.

27. Contractor as Independent Contractor

In conducting its business hereunder, Contractor acts as an independent contractor and not as an employee or agent of County. The selection, retention, assignment, direction and payment of Contractor’s employees shall be the sole responsibility of Contractor.

28. Assignment

The Agreement, in whole or any part hereof, created by the award to the successful contractor shall not be sold, not be assigned or transferred by Contractor by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of Contractor, or with a business entity which is merged or consolidated with Contractor or which purchases a majority or controlling interest in the ownership or assets of Contractor without the prior written consent of Henry County.

29. Owner and Ownership of Documents

The Henry County Board of Commissioners, 140 Henry Parkway, McDonough, Georgia 30253 is the owner of the proposed work. Reports and all relevant data such as maps, diagrams, plans, designs, electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared in the course of performance of the services required by this contract shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the project except that Contractor shall have the right to retain copies of the same.

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30. Performance of Contract

a. Henry County reserves the right to enforce the Contractor’s performance of this Agreement in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default or resulting contract award. It will be understood that time is of the essence in the Bidder’s performance.

b. The successful Contractor shall execute the entire work described in the Contract Documents, except to the extent specifically indicated in the Contract documents to be the responsibility of others.

c. The Contractor accepts the relationship of trust and confidence established by the award of this bid solicitation. The Contractor covenants with the County to utilize the Contractor’s best skill, efforts and judgment in furthering the interest of the County; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the work in the best way and most expeditious and economical manner consistent with the interest of the County,

d. All purchases for goods or services are subject to the availability of funds for this particular purpose.

31. Default and Termination

a. Termination by Contractor The agreement resulting from this bid shall be subject to termination by Contractor in the event of any one or more of the following events: The default by County in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of County to remedy, or undertake to remedy such default, for a period of thirty (30) days after receipt of notice from Contractor to remedy the same.

b. Termination by County The agreement resulting from this bid shall be subject to termination by the County at any time in the opinion of the County; the contractor fails to carry out the contract provisions of any one or more of the following events:

(1) The default by Contractor in the performance of any of the terms, covenants or conditions of the Agreement, and the failure of Contractor to remedy, or undertake to remedy with sufficient forces and to the County’s reasonable satisfaction, the County shall provide the vendor with notice of any conditions which violate or endanger the performance of the Agreement. If after such notice the Contractor fails to remedy such conditions within thirty

(30) days to the satisfaction of the County, the County may exercise their option in writing to terminate the Agreement without further notice to the Contractor and order the Contractor to stop work immediately and vacate the premises, to cancel ordered products and/or services with no expense to the County.

(2) Contractor files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Contractor and such receivership is not vacated within thirty (30) days after the appointment of such receiver.

(3) Contractors’ failure to conduct services according to the approved bid specifications.

(4) Contractors’ failure to keep, perform, or observe any other term or condition of this

Agreement.

(5) Contractor’s performance of the contract is unreasonably delayed.

(6) Should the successful Bidder fail to provide the commodities or services when ordered, and in accordance with the General Terms and Conditions, specifications and any other requirements contained herein are not met, the County reserves the right to purchase commodities or services covered by this contract elsewhere if available from an alternate source.

(7) The Contractor agrees by its bid submission that the County’s decision is final and valid.

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c. Termination for Convenience This Agreement may be terminated by Henry County for its own convenience by providing vendor (30) thirty days’ written notice. All fees and costs incurred by vendor up until the date of termination shall be paid to vendor.

d. Force Majeure Neither party shall be held to be in breach of the Agreement resulting from this bid, because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.

e. Waiver The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof.

32. Invoices Invoices and/or statements should not be faxed but originals must be mailed directly to:

Henry County Board of Commissioners Finance Department 140 Henry Parkway McDonough, GA 30253

The following information must appear on all invoices submitted:

• Name and address of successful Bidder;

• Detailed breakdown of all charges for the services or products delivered stating any applicable period of time;

• Henry County’s Purchase Order Number and Bid Package number;

• Invoices shall be based upon actual services rendered, actual work performance and/or products delivered.

33. Payment

Payment shall be tendered to the successful Bidder upon acceptance and approval by the County for satisfactory compliance with the general terms, conditions and specifications of the bid; by completed services; verification of delivery of products; assurance that the product/service performs as specified and warranted; and receipt of a valid invoice.

34. Required Documents If submitting an electronic bid through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/henryga), the required documents and/or forms mentioned in this solicitation must be uploaded to our eProcurement Portal once they are executed.

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SECTION II - SPECIFICATIONS

A. SCOPE

Henry County Government is seeking proposals from qualified vendors to operate and manage a Concession, Smoothie, and/or Coffee Bar within the North Mt. Carmel Recreation Center. The selected operator will be responsible for providing high-quality, consistent food and beverage service in a safe, clean, and customer-focused environment. The Proposer must operate the facilities on a self-sustaining basis. The County will not provide any financing to sustain the operation of the concession, nor shall it subsidize any financial losses incurred.

1. Operating Requirements

• Vendor shall operate the concession/smoothie/coffee bar Monday through Saturday, with hours of operation to align with peak activity times and recreation center programming.

• Vendor must provide all equipment and supplies necessary for daily operations, including but not limited to appliances, furnishings, point-of-sale systems, and consumables.

• Vendor shall provide their own electronic payment system for customers.

• Vendor shall be solely responsible for the maintenance, cleanliness, and sanitation of the concession area, in accordance with local health and safety regulations.

• The menu final selection will be determined and approved by the Henry County Parks and Recreation

Director or designees. Any menu changes must be pre-approved before the sale and use of any products.

The Proposer must not sell alcoholic beverages to the public.

• All employees shall be required to comply with the County’s security requirements and shall provide to the County, upon award, and at no additional cost to the County, a State and Federal Criminal Background Check for all employees providing services as specified in the RFP. The County may request updated or additional criminal background records during the term of the contract.

2. Financial Audits

• The County reserves the right to request verification of all sales amount reported by the awarded Proposer, on a biweekly basis.

• The County reserves the right to conduct periodic independent audits of the Proposers financial records relating to the contract for food concession operations.

• The Proposer agrees to submit any data, such as permits, receipts or any information required by the County within ten (10) calendar days after written request.

3. Financial Proposal

• Proposals will be accepted under two fee models:

a) A set monthly fee paid to Henry County Government.

b) A revenue-sharing model, where a percentage of gross sales is remitted to Henry County Government, please utilize included

• Cost Proposal

• Proposals must clearly indicate the preferred fee model, and if revenue sharing is proposed, include detailed reporting and audit procedures.

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4. Gross Receipts

• The term “gross receipts” herein shall include the total aggregate amount of the sales made by Proponent in, on, or from concession. Gross receipts shall not include the amount of any tax on sales from the concession where such taxes are added to the selling price, stated separately, and paid by the Proponent’s customers, and remitted directly to the taxing authorities by Proponent. Proposals must clearly indicate the preferred fee model, and if revenue sharing is proposed, include detailed reporting and audit procedures.

• Payments to the County by the Proponent shall be made monthly based on the gross concession receipts.

• In conjunction with the payments provided herein, the Proponent shall submit to the Parks & Recreation

Department and Central Services a monthly statement detailing receipts from the concessions revenue.

Such statement shall detail daily concession and gross receipts.

• Commission payments for the Recreation Center’s food concession must be in the form of a check or money order made payable to the Henry County Board of Commissioners. Payments shall include a statement detailing receipts from the concession’s revenue. Such statement shall detail daily concession and gross receipts.

5. Special Needs Employment Requirement

• The operator must incorporate a role for the employment of a special needs individual, who will be identified, hired, and paid for by Henry County Government.

• The operator shall provide reasonable on-site support and inclusion of this individual within the operations of the concession/smoothie/coffee bar, while recognizing that the individual will also have additional responsibilities elsewhere in the facility.

• A cooperative and accommodating working relationship is required.

6. Vendor Qualifications

• Proposers must demonstrate a proven history of successful food service management, particularly in high-traffic, public or recreational settings.

• Past performance, references, and sample menus/products may be requested as part of the evaluation process.

7. Additional Expectations

• Commitment to customer service excellence, speed of service, and affordable, family-friendly offerings.

• Willingness to collaborate with Henry County Parks & Recreation staff on special events and programs.

• Compliance with all local, state, and federal regulations governing food service operations.

B. CONTRACT TERMS

1. Contract Term

The initial contract term shall be one (1) year from the date of execution. The contract may be renewed for two (2) additional one (1) year periods. Renewal of the contract, if applicable, into the second or third year will be made sixty (60) days prior to the expiration date. If needed, the annual contract will be extended 90 days or for such period beyond the contract expiration date as it may be necessary to afford the County a continuous supply of the item(s). Should the bidder or the County not desire to renew the contract, new bids will be solicited for the purpose of establishing a new contract.

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2. Pricing/Quantities

a. All prices shall be F.O.B. destination and shall include all charges (labor, materials / supplies, equipment and services) that may be incurred in fulfilling the terms of this bid.

b. Prices submitted herein should remain firm for the contract agreement period. Requests for price increases are strongly discouraged and may only be submitted in writing 60 days prior to the contract renewal date. All requests for price increases require the review and approval of the Henry County Board of Commissioners and will be presented as a request for a contract amendment.

c. This is a unit/price contract. The County shall not be bound to purchase a minimum quantity nor restricted to a maximum quantity during the initial contract agreement period and any subsequent renewals.

C. INSURANCE REQUIREMENTS

General insurance requirements shall be applicable to the Contractor and any authorized subcontractor.

Insurance requirements shall be based on conditions in place as of the date of the Contract's execution.

Insurance companies must be licensed by the Georgia Department of Insurance and the Georgia Secretary of State to do business in the State of Georgia. The County reserves the right to require adjustments in the level of coverage or waive any or all requirements based on information pertinent to this Contract.

The following requirements shall also be applicable to the Contractor:

a. Evidence of insurance must be provided to the Purchasing Department, 140 Henry Parkway, McDonough, Ga. 30253, within five days of execution of this contract and prior to commencing operations under this Contract;

The certificate holder is to be issued to:

Henry County Board of Commissioners Henry County, Georgia but delivered to:

Henry County Purchasing Department

McDonough, Georgia 30253

The Bid Package number and project name should be referenced in the description of operations. The certificates may be faxed to the Purchasing Department at 770-288-6027.

b. The insurance policy required herein shall include a Project-specific endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement.

c. Any change in coverage or insurance carrier must be reported to the County’s Purchasing Office in writing within five business days of the change.

d. Failure of any Contractor to procure and maintain the required insurance shall not relieve the Contractor of any liability under the Contract, nor shall these requirements be construed to conflict with the obligation of the Contractor concerning indemnification;

e. Any and all insurance required by this Contract shall be maintained during the entire term of this Contract;

f. The County shall, without exception, be given no less than thirty (30) days notice prior to cancellation for any and all reasons other than non-payment of premium; and

g. The County shall, without exception, be given immediate notification in the event of cancellation for reasons of non-payment of premium.

h. The Contractor shall procure and maintain insurance coverage in the following particulars:

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Workers Compensation Insurance In the amounts of the statutory limits established by the General Assembly of the State of Georgia (A self-insurer must submit a certificate from the Georgia Board of Workers compensation stating that the Contractor qualifies to pay its own workers compensation claims.) In addition, the Contractor shall require that all subcontractors occupying the premises or performing the work under the contract to obtain an insurance certificate showing proof of Worker Compensation Coverage with…