Attachment A - RFB 758 2600000563.pdf

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://vss.ky.gov

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

The following items MUST be submitted prior to award:

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION IF

https://vss.ky.gov/ https://vss.ky.gov/ mailto:Finance.CRCGroup@ky.gov

APPLICABLE (see Section 36)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY IF APPLICABLE (see Section 38)

_____REQUIRED AFFIDAVIT(S)

https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%2 0Offerors%20and%20Contractors.pdf

Bid responses shall be received by electronic submission in the eProcurement system.

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://vss.ky.gov

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://vss.ky.gov/ https://vss.ky.gov/ mailto:Finance.CRCGroup@ky.gov

The following items MUST be submitted prior to award:

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION IF

APPLICABLE (see Section 36)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY IF APPLICABLE (see Section 38)

_____REQUIRED AFFIDAVIT(S)

https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%2 0Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

ATTACHMENT A

Commonwealth of Kentucky Request for Bid (RFB)

For Horseback Riding Concession - Carter Caves State Resort Park

RFB 758 2600000563

Issued by The Finance and Administration Cabinet

On Behalf Of The Kentucky Department of Parks

Release Date: April 28, 2026

Vendors’ Written Questions Due: May 05, 2026 at 10:00 AM, ET CLOSING DATE AND TIME: May 15, 2026 at 1:30 PM, ET

Commonwealth Buyer:

Stephanie Durr

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

(502) 564-6521

Stephanie.durr@ky.gov

BID READINGS

Any person wishing to hear a bid reading may call the OPS conference line at

844-603-5060, Conference ID number 240522005, and Participant Code 33957, at 3:30pm, ET on the bid closing date.

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

mailto:Stephanie.durr@ky.gov

This Contract shall be awarded as Group All. Vendors shall bid all line items, otherwise bid shall be deemed non-responsive.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Solicitation

Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish a Master Agreement for: HORSEBACK RIDING CONCESSION

Section 2 Bid Specifications (Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement)

Scope of Contract

The Carter Caves State Resort Park (CCSRP) is soliciting invitations for bid for a prospective Horseback Riding Concessionaire to provide horseback riding for the 2026 summer season (May 01, 2026– October 31, 2026) and for special events at Park Manager’s discretion with four (4) one-year renewal periods as outlined in Attachment A, Section 6. The concession will need to offer horseback rides normally lasting between 45-50 minutes.

The Concessionaire agrees to pay the Department of Parks, hereinafter referred to as the Department, a sum equal to a percentage of the gross receipts (not including Kentucky Sales Tax or Federal Excise Taxes) derived from the operation of the concession. The maximum cost per horseback ride shall be determined by the Department. The concessionaire may request in writing once each year, between November 1 and March 1, a request for a revision in the price charged by the https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx concessionaire for a horseback ride.

Description of Services to be provided by the Concessionaire

The Concessionaire shall provide horseback rides to paying guests. The horseback ride shall be a slow, guided trail ride approximately 45-50 minutes in length. It is understood that a change in trail location, weather, and other unforeseen circumstances may alter the length of the ride. Certain modifications may be acceptable; however, the goal is to always attempt to provide a trail ride 45-50 minutes long. A sufficient number of outriders shall be provided by the Concessionaire to provide for safety.

The times of the horseback rides are set by the Department. The Concessionaire shall provide horseback rides during the designated times. These times are subject to change at the Park Manager’s discretion.

The Concessionaire shall use the areas and routes designated by the Park/Department.

Horseback rides are not permitted on any other Park trails. Guided rides must confine the activity to the trail designated for horseback rides only. Additional rides (i.e., hayrides, special after-hour rentals, pony rides, extended trail rides, etc.) may be authorized, subject to prior approval by the Department. Requests shall be submitted in writing to the Department through the Park Manager.

This Agreement does not convey to the Concessionaire any real property interest or tenancy to Park premises. This Agreement merely gives Concessionaire the privilege to operate a horseback riding concession on Park premises and to use certain Park structures and premises as herein specified.

The Concessionaire shall use the areas and routes designated by the Department. The Park/Department also has the right to cancel until further notice horseback and/or pony rides at any time for just cause which includes, but is not limited to inclement weather, unsafe riding conditions, default of the contract, or inappropriate conduct by the Concessionaire or the Concessionaire’s employees.

The Concessionaire shall not engage nor permit their employees to engage in any offensive, injurious, or abusive use of the Park premises or Concessionaire’s animals.

All riders must ride astride the horse in a safe manner. All horseback rides and services shall be conducted in the highest professional manner that will be a credit to the Park/Department. Concessionaire shall maintain good order at all times and shall keep the Park premises used by concessionaire in a clean and sanitary condition throughout the entire term of this Agreement, whether Concessionaire is operating or not. Failure to comply with these terms is grounds for default.

Pricing The price of horseback rides shall be set at $25.00 per ride. The Department of Parks shall set prices. The Concessionaire may petition in writing to the Park/Department for price adjustment. Current rates shall be posted upon the Park premises at a central location of concession operation.

Hours of Operation The Concessionaire shall operate on the same hourly, weekend, and holiday schedule as the Park from Memorial Day to Labor Day. Any variation from the Park hours during this period shall require a request, in writing, from Concessionaire to the Park Manager forty-eight (48) hours prior to the proposed schedule variation and approval by the Park Manager. Concessionaire shall also send a copy to: KY Department of Parks, Division of Interpretation and Engagement, 500 Mero Street, 5th Floor, Frankfort, KY, 40601- 1974. The operating schedule for the balance of the year will be at the mutual consent of the Park and the Concessionaire.

Ticket Sales/Hold Harmless Disclaimer Numbered tickets for the riding concession shall be sold at the horseback riding concession. Gross receipts shall be distributed between the Park and the Concessionaire, based on the percentage bid by the successful bidder. Numbered tickets shall be provided by the Concessionaire.

At the time of purchasing tickets, customers shall read and sign a “Stable Concession Report - Waiver of Liability” for the benefit of the Park. The Stable Concession Report - Waiver of Liability are to be provided by the Park. This shall be the only form the guest/rider signs.

Payments, Reports and Records The Concessionaire shall complete the Department’s Stable Concession Reports (daily and monthly) and deposit the Park’s percentage of gross receipts with the front desk or Park Manager by the 10th day of the following month in which the receipts were generated. Used tickets must accompany this report.

The Concessionaire shall keep adequate records, books and accounts covering the business operations conducted upon the premises, in such form as the Park may prescribe, including dates, times, veterinarian records on all horses/ponies on the premises, etc. Such records and books of account shall be open for inspection or audit by the agents and employees of the Park/Department at all reasonable times.

The Concessionaire’s privilege to operate a horseback riding concession as provided by this contract shall be subject to, and the concessionaire shall comply with, all applicable laws and governmental regulations and all rules and regulations prescribed by the Park/Department.

Horse Requirements Concessionaire shall provide and have available for use by the public a minimum of twelve (12) horses from April until October or else the contract may be cancelled. The Park shall provide paddock space from March 15th through November 15th. Additional usage of paddocks shall be at the mutual consent of Park management and the Concessionaire.

The Concessionaire shall provide and pay for all necessary hay, feed, bedding materials, tack, safety helmets, farrier, and veterinarian services.

The Concessionaire shall feed baled hay in the designated manger areas.

The Concessionaire shall have an adequate number of horses/ponies available in order to rotate horses/ponies during busy days. Ponies may substitute for horses where approved by the Park Manager or Department. Any time horses are changed out with new horses, all paperwork shall be submitted to the Park Manager before the new horses are used. The general condition of all animals brought onto the Park and housed in the riding concession area shall be "good", as determined by a licensed veterinarian. Written proof of the animal's "good" condition shall be furnished to the Park Manager prior to animal's use. Animals shall be gentle and of good temperament, free of vices which could be detrimental to employees, tourists, park property, and other animals. Animals shall be free from disease, sores, or other objectionable visual defects. Park management shall be notified and allowed to inspect all horses and ponies before they are unloaded from the trailer. All animals shall enter the Park with a current negative Coggins and current health certificate. Evidence of current herd health vaccinations must be made available, or these animals will be vaccinated and de-wormed upon arrival at the expense of the Concessionaire. It is understood that horses are unpredictable and that sometimes corrective action is needed; however, the Department of Parks forbids animal cruelty. Any type of conviction of animal cruelty, past, present, or future, will result in the termination of this Agreement for default. Any allegations of animal cruelty will be thoroughly investigated and may result in a referral to law enforcement.

All animals shall be maintained in accordance with the following program:

De-worming: Every sixty (60) days following a program of medication, or as recommended by a licensed veterinarian.

Vaccinations: Tetanus – Annually Phinopnewmontis – Every three (3) months

Influenza – Twice (2) a year EEE/WEE/VEE – As recommended, depending on mosquito.

season and spread of disease.

West Nile – as required.

Farrier: Trimming and resetting every 6-8 weeks. Variation in schedule should be dictated by each individual animal. Immediate attention to a lost nail or lost shoe must be given.

A current Coggins, proof of vaccination and health certificates for all animals and an inventory of all animals shall be provided to the Park Manager. Current health records of animals shall be maintained at all times and an updated inventory of all animals kept at the riding stables. All animals and forms used by concessionaire shall be made available for inspection by Park/Department personnel upon request.

All stabled animals shall be regularly groomed to promote good health and appearance.

Equipment The Concessionaire shall provide all tack items. All tack shall be maintained in good repair, free from defects or excessive wear, and of such integrity that it will not lead to harm of animals or riders. Only Western saddles shall be used, and the Department recommends enclosed (front portion) stirrups. Written approval by the Department for the use of other type saddles may be granted upon written request. All bridles, bits, and saddles shall be appropriate to the size, breed, and training of each individual animal.

Each piece of tack shall be properly fitted to ensure the comfort of the animal and the safety of the riders. Each animal shall have his own individual saddle pad to prevent the spread of skin problems, and bits shall be rinsed after every use. Tack shall be wiped off after being removed from the animal and cleaned properly at the end of each day. All bridle reigns shall be made of leather or an approved commercial material and removed from the horse prior to turning the horse loose in the common areas.

Approved riding helmets shall be provided by the Concessionaire, meeting the USPC/AHSA standards, and made available for all mounted employees and patrons to wear. The Concessionaire shall display the approved helmets during operating hours for the participant’s awareness as well as verbally recommending to the riders/participants that the approved helmets be worn. All helmets shall be sanitized after each use.

Participants twelve (12) and under must be accompanied by parent or guardian (17 years or older) on trail rides. Participants, Concessionaire and Concessionaire’s trail guides must wear hard or soled shoes (flip flops, bare feet, etc. are not permitted).

Daily Checklist

a. All muck shall be picked up throughout the day.

b. No muck shall be allowed to remain on the walkways, roadways, or in the area surrounding the barn and walking ring.

c. No muck shall be hosed off the concession area, or otherwise allowed to wash into a waterway.

d. The Concessionaire shall be responsible for all muck removal, daily maintenance and muck must be removed from the park-off park grounds. Designated manure storage bin shall be used for stall cleanout.

e. All areas shall be raked and swept completely clean at the end of each day.

f. All stalls and barns shall be cleaned daily and ready for guests by 10:00 a.m.

g. Barn aisle shall be kept clean at all times. As much grooming as possible shall be done in the stalls. Any loose straw, manure, etc. shall be picked up and swept from the aisle immediately.

h. Muck clean-up in the corral area shall be the concessionaire’s responsibility and expense of rolled hay if used.

i. Rakes, forks, brooms, etc. shall be neatly hung up when not in use. Straw and hay shall be removed from the prongs.

j. The outside (front and back) of each barn shall be kept raked and swept.

k. Feed and tack rooms shall be kept clean and deodorized. Supply cabinets shall be neat, and an inventory list shall be displayed on the inside of cabinet door.

l. Areas in and around stable shall be kept free and clean of clutter. Designated manure storage bin shall be used for stall cleanout.

m. Absolutely no smoking is permitted in or around the stable facilities when it has been determined to be a fire and safety hazard. Appropriate No Smoking signs shall be posted. Smoking shall not be permitted on the trail at any time by patrons or concessionaire and the concessionaire’s trail guide shall inform riders of the No Smoking requirements. Persons smoking in authorized areas shall insure their cigarettes and ashes are properly extinguished and discarded.

n. Lofts shall be swept clean, and trash and strings removed; failure to do so constitutes a fire hazard.

o. Water buckets shall be cleaned daily and topped off as needed.

p. Feed tubs shall be cleaned and hung in the feed room or outside each stall after each feeding.

q. Injuries to persons related in any manner to operation of the horseback riding concession shall be reported to the Park Manager and Park Ranger immediately and recorded on the daily barn report. An accident report shall be filed with the Park Ranger as quickly as practicable after the injury is addressed.

Concessionaire/Park shall also send a copy to the Division of Interpretation and Engagement in Frankfort, KY.

r. Nothing used for the purpose of accommodations or overnight stay shall be permitted at the horse stable. Examples: campers, trailers, tents. NO EXCEPTIONS. A campsite in the campground (where available) may be requested in writing to Park Manager.

Concessionaire Personnel The Concessionaire shall, at its own expense, provide adequate personnel so as to provide quality horseback ride services to the patrons at the Park without unreasonable delays as determined by the Park/Department. The Concessionaire shall provide competent, reliable, and skilled onsite managerial staff to direct the Concessionaire’s operations on the Park. Failure to comply with these terms is grounds for default.

The Concessionaire's employees (with the exception of management while not working with horses or guests) shall be required to wear appropriate attire (i.e.: hard-soled shoes/boots, jeans/long pants, shirts with long or short sleeves) (NO flip-flops, shirts w/sleeves cut off, halter/tank tops) All employees including management must maintain a neat and orderly appearance.

Smoking by the Concessionaire's employees shall be permitted only in designated smoking areas that have been approved by the Park. Designated smoking areas shall not be located in any area within the view of the patrons of the Park. Smoking is not permitted on horseback riding trails.

Personnel appearance and courteous service to the Park guests is deemed to be of the utmost importance to the Department. In consideration of this, upon written notice from the Park management, the Concessionaire shall immediately dismiss any agent or employee of the Concessionaire who shall be, in the sole discretion of the Park, objectionable and shall cause such person immediately to leave the CCSRP; provided, however, that the Concessionaire shall not be required to dismiss any employee or other person if the Concessionaire believes that such dismissal would violate any federal, state or municipal statute, regulation, order or ordinance. The CCSRP will provide a written explanation of its reason for requesting an employee or agent's dismissal at the Concessionaire’s request.

Only experienced, mature, professional employees shall be employed by Concessionaire. Persons supervising trail rides and pony rides (if available) must be 18 years of age or older. Ratio of minimum one staff to every eight (8) riders. Groups of more than eight (8) riders will require one to supervise (one in the front and one in the rear). Groups of more than sixteen (16) riders requires one (1) concessionaire guide for every eight (8) riders, fraction thereof. All employees involved in assisting the patrons during their riding experiences shall be well qualified in their field. Resumes for all prospective ancillary personnel shall be available for review by the Park/Department.

The Concessionaire shall be held to be an independent contractor and all persons employed by Concessionaire in the exercise of the privileges granted herein shall be employees, agents, and servants of Concessionaire only and not of the Park.

Employment Practices

Harassment: The Department of Parks and Carter Caves Sate Resort Park does not tolerate harassment of any kind. The Concessionaire and the Concessionaire’s employees must avoid offensive or inappropriate behavior at work (or while on Park premises) and are responsible for assuring that the workplace is free from harassment at all times.

Complaints of harassment will be promptly and carefully investigated, and all persons are assured that they will be free from any and all reprisal or retaliation from filing such complaints. Any person who has a complaint of harassment at work by anyone, including supervisors, owners, coworkers, visitors, clients, or customers, has a duty to immediately bring the problem to the attention of the Carter Caves State Resort Park officials and the Department of Parks, Division of Interpretation and Engagement.

Persons may bring the complaint to the attention of any supervisor or Carter Caves State Resort Park management. Any supervisor receiving a complaint of harassment shall report the complaint to Carter Caves State Resort Park, Park Manager. The Park Manager should notify the Department, Division of Interpretation and Engagement.

Management’s investigation will include, but is not limited to, interviews with all relevant persons including the complainant, the accused, and other potential witnesses.

Persons are assured that the privacy of the complainant and the person accused of harassment shall be protected to the fullest extent permitted by the circumstances.

If the investigation reveals that the complaint appears valid, immediate, and appropriate corrective action, up to and including discharge and default of the contract, will be taken to stop the harassment and prevent its recurrence.

Workplace Violence: Workplace violence shall not be permitted and will result in termination of this Agreement for default. Workplace violence includes: the attempted, threatened, or actual conduct of a person who endangers or is likely to endanger the health and safety of persons, employees, or the general public; or a threatening statement, harassment or behavior that gives a person, employee, or the general public reasonable cause to believe that his/her health or safety is at risk.

Tipping: The Concessionaire shall not solicit gifts or tips of any kind during the term of this contract.

The Concessionaire further agrees and covenants not to engage in any illicit or unlawful business nor to engage in any illicit social relationships with Park employees, vendors, performing artists, and Park guests or any other entity that would interfere with the business activity contemplated in this contract or impair the public perception of the good image of “The Nation’s Finest Park System” of the Commonwealth of Kentucky during the term of the contract. Concessionaire’s failure to perform this term or condition is deemed to be a material breach of the contract.

Rights and Responsibilities of the Park

If at any time, the Park/Department determines the Concessionaire’s premises are not a proper representative of the Park, the agents and employees of the Park shall have the right, but not the obligation, at all reasonable times during the terms of this Agreement to inspect the premises, animals, equipment, and personnel which are owned, used, or employed by Concessionaire in its’ operation at the Park. If at any time, the Park/Department feels that animals are not being properly cared for or seem in an unhealthy condition, they may request a veterinarian to check animals at the expense of the Concessionaire.

Park employees have the right to ride horseback free of charge over the same route and times as scheduled for patrons if the ride is not sold out. Park employees are encouraged to ride by Park management in order to better promote horseback riding to our patrons as well as observe the service the Concessionaire is providing. Guests of Park employees do not have the right to ride free of charge.

The Park shall provide and maintain for the benefit of the Concessionaire an office, stabling, pasture, trails, and bridges suitable for the operation of this concession, and shall furnish water and electricity for the operation of this concession, at no cost to Concessionaire. The Park retains the responsibility for designating the location of all trails, trail bridges, fences, and buildings used by the Concessionaire on the Park premises, as well as all signs, advertising the operation, wherever located, and any benches in the vicinity of stables used to mount animals. A request for repairs and/or improvements must be issued in writing and addressed to the Department in care of the Park Manager, Carter Caves State Resort Park; 344 Caveland Drive, Olive Hill, KY 41164, with a copy to the Division of Interpretation and Engagement, 500 Mero Street, 5th Floor, Frankfort, Kentucky 40601-1974.

The Park shall be responsible for removing trash from the riding stables from designated containers.

The Concessionaire shall be responsible for obtaining any required direct-line telephone service other than that supplied by the Park. Internal Park phone service and local phone service is provided to the riding stables office without charge. Long distance phone calls made on the Park phone system by the Concessionaire shall be billed to the Concessionaire and shall be due within 15 days from receipt.

The Park shall be responsible for general maintenance and repair of the facilities and trail. The Concessionaire shall promptly report any trail maintenance needs to the Park discovered during trail rides. The Concessionaire shall be required to repair any damage to any facility on CCSRP, including damage to plumbing and electrical systems, caused by negligence, reckless or willful conduct of the Concessionaire or anyone acting on its behalf, including but not limited to its employees, agents or suppliers.

Permits, Licenses, Taxes, and State Regulations

The Concessionaire’s privilege to operate a horseback riding concession as provided by this Agreement shall be subject to, and the Concessionaire shall comply with, all applicable laws and governmental regulations and all rules and regulations prescribed by the Park and the Commonwealth. The Concessionaire shall pay all taxes which may be lawfully imposed by the Commonwealth and its political subdivisions and shall secure and pay for all permits and licenses which may be required by the Commonwealth or a political subdivision thereof.

Non-Competition The Concessionaire shall refrain, during the life of this Agreement, from operating or having any financial interest in a horseback riding operation within, a straight-line radius of twenty (20) miles from the Park, beginning from the outside boundary of the Park and ending in the outside boundary of any other horseback riding operation of Concessionaire, except as authorized in writing by the Park/Department.

Hold Harmless The Concessionaire shall defend, indemnify, and hold the Commonwealth harmless from any and all claims, demands actions, costs, and charges to which the Commonwealth may be subject or which the Commonwealth may have to pay by reason of any injury to any person or property, or loss of life, resulting from or in any way connected with concessionaire’s privilege to operate a horseback riding concession on Park premises. Unless otherwise provided by Concessionaire’s insurance, Concessionaire shall at its own expense, assume the defense of such claims and actions for damages arising out of such injuries or losses which may be brought against the Commonwealth by third persons and shall pay any such judgements that may be rendered in such actions.

The Concessionaire agrees to indemnify, defend, and hold harmless the Commonwealth of Kentucky, its officers, agents, and employees from:

1. Any claims or losses for service rendered by the Concessionaire, person, or firm performing or supplying services, materials, or supplies in connection with the performance of the contract;

2. Any claims or losses to any person or firm injured or damaged by the acts or omissions of the Concessionaire, its officers, agents, or employees in the performance of the contract;

3. Any claims or losses resulting to any person or firm injured or damaged by the

Concessionaire, its officers, agents, or employees by the Concessionaire's performance under the contract in a manner not authorized by the contract, or by federal or state statutes or administrative regulations; and

4. Any failure of the Concessionaire, its officers, agents, or employees to observe

Kentucky or federal laws, including (but not limited to) safety, discrimination, labor, and minimum wage laws.

Assignment No assignment of any interest in this concession Agreement and no sub-license for any purpose shall be made or attempted by Concessionaire without the prior written consent of the Park/Department and the Director of the Office of Procurement Services, Finance and Administration Cabinet, 200 Mero Street, 5th Floor, Frankfort, KY 40601.

Contract Variations If any provision of this Agreement (including items incorporated by reference) is declared or found to be illegal, unenforceable, void, then both the Park and the Concessionaire shall be relieved of all obligations arising under such provision. If the remainder of this Agreement is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed.

Termination of Contract If at any time, the Park, in its sole discretion, determines that the Concessionaire’s employees or animals are unclean, unhealthy, or unsightly, or the Park premises used by Concessionaire are unclean, the Park/Department may immediately shut down the Concessionaire’s operation until such defects have been corrected. If not corrected immediately, the Park/Department shall give written notification to the Concessionaire of the existence of said defect(s). If the Concessionaire fails to correct said defect(s) within ten (10) days of receipt of said notice, the Park/Department may seek termination pursuant to Attachment A, Section 42.

Upon termination of this Agreement, the Concessionaire shall restore Park premises and structures used in Concessionaire’s operation in as good of condition as of the date this Agreement was entered into by the parties. Reasonable wear and tear and damage due to the elements are expected. The Concessionaire will pay for the repair of any damage that exceeds that of normal wear and tear due to the elements.

Disputes Except as otherwise provided in this Agreement, a question or act arising under this Agreement which is not disposed of by mutual understanding shall be decided by The Park/Department, and it shall serve by certified mail, a copy to the Concessionaire. The decision of the CCSRP shall be final and conclusive unless within thirty (30) days from the date of service, the Concessionaire notifies the secretary of the Finance and Administration Cabinet pursuant to KRS 45A.235.

Pending final determination of any dispute hereunder, the Concessionaire shall proceed diligently with the performance of the contract and in accordance with the Park/Department’s direction.

This section does not preclude consideration of legal questions in connection with the decision provided for above, provided that nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

Independent Contractor Status The concessionaire shall be an independent contractor and all persons employed by him in the exercise of the privileges granted herein shall be employees, agents, and servants of concessionaire only and not the Park.

Section 3 Purpose The purpose of this solicitation is to request vendor responses in order to provide these items under contract to agencies as needed.

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified.

It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Section 5 Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year from the date of award.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period.

The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 7 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

Section 8 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

Section 9 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Section 10 Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Section 11 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky:

Kentucky Department of Parks

The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other State agencies requiring the product(s) or service(s).

Section 12 Solicitation Submission Requirements Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive. All electronic documents submitted in response to this RFB shall be submitted in Microsoft Word, Microsoft Excel or PDF format ONLY.

Section 13 Method of Award Best Value – Ranking Approach The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the vendor in response to the established measurable criteria contained in the solicitation.

Measurable Criteria:

Percentage Commission Remitted to KY Parks: 100 Points Experience - Minimum 5 years experience: PASS / FAIL

TOTAL POINTS 100 Points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor.

A bidder shall submit one (1) response to a solicitation and shall not propose more than one (1) model/brand for each item listed in the solicitation, except for requested tier pricing. Multiple or alternate bids offering more than one (1) bid price in total or by line item shall be rejected.

Vendors responding with the minimum Best Value requirements in this solicitation shall not be credited with Best Value points. Vendors responding with greater than the minimum requirements shall receive Best Value points. Failure to provide adequate information will impact the evaluated points awarded to the vendor.

A. PRICE (100 points)

The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 90 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 100 points ($3.00 / $3.00 =

1.00 x 100 = 100). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 75 points ($3.00 / $4.00) = .75 x 100 = 75).

B. EXPERIENCE (PASS/ FAIL)

The bidder shall clearly state the number of years of experience for this procurement in operating a horseback concession.

Vendor should enter the number of years of experience in the Comments section of their online bid.

Experience should only include experience within the United States.

The Commonwealth reserves the right to require documentation verifying number of years experience.

Five (5) years experience is the minimum requirement for this criterion. The bidder shall clearly state the number of years of experience for this procurement in operating a horseback concession.

Experience should only include experience within the United States.

The Commonwealth reserves the right to require documentation verifying number of years experience.

Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last 12 months may be found non-responsible and ineligible for award.

Section 14 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 15 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

A: Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the Office of Procurement Services.

Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).

B: Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available.

C: Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required in Paragraph A “Price Increases” as stated above.

Section 16 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Section 17 Post Contract Agreements The resulting contract shall constitute the entire agreement between the State and awarded contractor. Unless contractually provided, State agencies utilizing this contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a contract resulting from this solicitation or offer. Any such documents so obtained will be non-binding on the State and agents of the State and will be cause for breach of contract.

Section 18 Equipment Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current year model and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

The Commonwealth recognizes the rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of the contract, the Commonwealth and the bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award contract.

Section 19 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

Section 20 Manuals and Distribution of Literature Instruction and operating manuals shall be furnished for all equipment installed. Upon request, the vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded.

Section 21 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Office of Procurement Services, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the Office of Procurement Services.

Section 22 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

Section 23 Cancellation Clause – 30 Days Notice The…