COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

DIVISION OF REAL PROPERTIES

INVITATION FOR BIDS

FOR LEASE

State-Owned Real Property

Operation of a Canteen/Concession Stand and Mini-Golf Course Operator at

Hoe Down Island, Natural Bridge State Resort Park Slade, Powell County, Kentucky

Invitation No: 042721 Bid Open: _April 27, 2021 @ 2:30 p.m. EDT_______________

INSTRUCTIONS TO BIDDERS

(1) Bid must be submitted on the "Form of Proposal" included within and made part of this

Invitation, appropriately signed and received at the Division of Real Properties, State Properties Branch, Bush Building, 3rd Floor, 403 Wapping Street, Frankfort, Kentucky 40601-2607, no later than the specified "bid opening" time and date.

(2) The Commonwealth of Kentucky reserves the unqualified right to reject any or all bids.

(3) Due to measures to prevent the spread of the Coronavirus (Covid-19), bids will be ‘publicly’ read aloud, and Bidders may access the bid opening through a conference call. To access the conferencing bridge, Bidders may either dial 502-782-CONF (2663) OR 502-564-9110.

Once called, Bidders will be prompted to enter a code. Bidders, as “attendees/participants” need to enter the code 42014. Please be mindful that the conference call will not begin until the moderator (Buyer: Nancy Brownlee) is logged in and the conference call will end once the moderator hangs up.

(4) For further information, contact Nancy Brownlee, Division of Real Properties, Bush Building, 3rd Floor, 403 Wapping Street, Frankfort, Kentucky 40601-2607 at 502/782-0358 or via email: nancy.brownlee@ky.gov .

mailto:nancy.brownlee@ky.gov

GENERAL TERMS AND CONDITIONS

INVITATION TO BID

Operation of Canteen/Concession Services and

Mini-Golf Course Operator

SECTION I

Scope of Contract

At the request of the Department of Parks (hereinafter referred to as the "Commonwealth", the

Division of Real Properties issues this Invitation for Bid on two amenities at Hoe Down Island, Natural Bridge State Resort Park:

1) Mini-golf operator at Hoe Down Island

a. Mini Golf is open seasonally May thru October.

b. Operate facility on a daily basis with the hours of operation set by successful Bidder and approved by park manager prior to beginning of season

c. All equipment (rental clubs, balls, scorecards, pencils, etc.) to be provided by the Successful Bidder

d. Bidder shall have use of the Snack Bar building including equipment inside. Do we have a listing of equipment?

e. Concessioner will be responsible for the cleanliness and maintenance of the Snack Bar and Mini Golf Course.

f. Natural Bridge will be responsible for the mowing and weed eating of grounds.

g. Bidder shall be responsible for the condition of the mini golf greens and obstacles. (sweeping, touch-up paint, cleaning obstacles, daily grounds debris removal, etc.)

2) Concession Stand at Hoe Down Island

a. Snack Bar is open seasonally May thru October.

b. Operate facility on a daily basis with the hours of operation set by concessioner and approved by park manager prior to beginning season.

c. Successful Bidder shall provide all food and drink in compliance with all health regulations

d. Concessioner will have use of the Snack Bar building including equipment inside.

e. Concessioner will be responsible for the cleanliness and maintenance of the Snack Bar Building and area surrounding the building.

There are public restrooms in the mini golf area located within the same building as the snack bar.

At the Hoe Down Island Snack Bar, the restrooms are a 1 minute walk from the Snack Bar.

It is expected that the successful Bidder will be granted a lease to use state property for the purposes of operating a concessions stand and mini-golf course operation on the leased land, open to the general public.

The Bidder must provide, at its sole expense, all inventory and staff for these activities (or for the activities for which it bids) for the concessions and mini golf agreement at Hoe Down Island, Natural

Bridge State Resort Park. The successful Bidder must be self-contained, must be able to accept cash, debit card, and credit card payment. The leased premises shall be used exclusively for either the mini-golf operation and/or concession stand operation. A bidder may bid on one or either of these activities, with preference given to those Bidders bidding on both activities.

For additional information concerning Natural Bridge State Resort Park, please see:

https://parks.ky.gov/carrollton/parks/historic/general-butler-state-resort-park

SECTION II

Lease Period

The Lease Agreement established from this Request for Bids will be a one year period, beginning

Memorial Day weekend 2021, and continuing one year thereafter, with the option to renew for four

(4) additional one (1) year Lease periods of each, upon written mutual consent of the parties.

The Bidder's occupancy and use of the leased premises are subject to, and the Bidder shall comply with all applicable state and federal statutes, rules and regulations. The Bidder's occupancy and use of the leased premises are non-exclusive.

NOTE: The inability of the Successful Bidder to obtain proper financing, approved in advance by the Commonwealth, by the aforementioned deadlines for commencement of operation shall not constitute a reasonable basis for an extension of time.

SECTION III

Basis of Bid Quotations

Bids quoted in response to this Invitation shall remain firm for the initial Lease period of the resulting Lease Agreement. However, at the end of each lease period and prior to any renewal of the resulting lease, the Commonwealth shall review the current monetary consideration given by the

Bidder and shall determine whether there is a need to increase the rental consideration paid by the https://parks.ky.gov/carrollton/parks/historic/general-butler-state-resort-park

Bidder. If the parties agree on a rental increase, then the Lease Agreement shall be amended to reflect the change.

SECTION IV

Site Visit

It is strongly suggested that Bidders inspect the site where services are to be performed to satisfy themselves as to all general and local conditions that may affect the cost of performance of the lease, to the extent such information is reasonably obtainable. In no event will failure to inspect the site constitute grounds for a claim after award of the lease. The Park Manager will keep a listing of people that have visited the site, and the Division of Real Properties will be notified of the names of the listing prior to the bid opening.

NOTE: FOR ACCESS TO THE PROPOSED SITE, PLEASE CONTACT TIM HIBBARD, PARK MANAGER,

NATURAL BRIDGE STATE RESORT PARK AT 606-663-2214. Due to Covid-19 protocols, an open site visit will not be scheduled; however, interested Bidders requiring a description of the project area or who would, individually, desire to inspect the area, please contact Ms.

Spears to schedule site visit. Masks are required. Any questions pertaining to the RFB or questions arising from an individual site visit must be directed to the Buyer at nancy.brownlee@ky.gov .

SECTION V

Bid Deposit

Bidders are instructed to furnish a bid deposit of $100.00 as part of this bid. This sum will be returned to all unsuccessful Bidders. The bid deposit must be submitted by certified check or cashiers check made payable to the Kentucky State Treasurer.

SECTION VI

Method of Award

A Lease Agreement will be awarded to responsive and responsible Bidder submitting the bid offering the best value to the Commonwealth. Such bid shall be for the lease and operation of the concessions stand and mini-golf course operation. Bids shall be evaluated based on price and experience in amenities similar in nature to those activities included in this RFB, with preference given to those Bidders submitting a bid on both activities. The Division of Real Properties reserves the right to reject any and all bids and to waive technicalities.

Review of bids received

Criteria Points Possible

Bid amount - % of gross receipts 70 mailto:nancy.brownlee@ky.gov

Preference for operating both amenities 10

Experience in providing canteen/concessions and mini-golf operations

Total Points Possible 100

SECTION VII

Canteen/Concessions and Mini-Golf and Retail Experience

Bidders are instructed to furnish with the bid a description of the Bidder’s past experience in operating a canteen/concessions operation and mini-golf course operation, inventory, as well as retail business in general.

SECTION VIII

Service Performance

Concessions Operational Standards:

The Bidder will be expected to seasonally provide first class quality convenience foods, beverage (no alcohol), and other such services as are of the highest quality commensurate with industry standards prevailing in similar facilities in the general geographic area. The Bidder agrees to comply with such standards of quality as may from time to time be adopted by the Commonwealth.

The Bidder shall comply with such prices and quality standards as the Commonwealth may from time to time require and shall promptly change, correct, modify the price or quality of any item after written notice to do so. The selection, prices, and quality of all items so established shall not be changed without the prior written consent of the Commonwealth.

Products to be sold will be nationally known brands and will be offered in a variety of selections, i.e.:

hamburgers, hotdogs, pizza slices, barbecue, bottled water, funnel cakes, bagged cotton candy, chips, candy, sodas, etc. Products must meet all standards of the National Food and Drug

Administration and meet the approval of the park manager.

The premises shall be used seasonally to provide concessions for food, packaged snacks, beverages, and for no other use or purpose. The Bidder shall not do, or permit to be done, in or about the premises, or in connection with its operation of the canteen store anything which is illegal or unlawful, or which is hazardous or dangerous.

The Bidder shall comply with all provisions of the American with Disabilities Act as it relates to the

Bidder’s operation of a concessions/canteen operation. The Bidder shall, at its own expense, provide an adequate number of personnel required to serve properly the patrons at the premises.

Such personnel shall be trained in food handling, shall be courteous, efficient, and sanitary. Persons handling the food and beverage items under the resulting Agreement shall be clean and free from any communicable diseases.

Concession operator shall be licensed and certified by the Powell County Health Department, the

Commonwealth of Kentucky and any other required licensing or permitting agency.

Mini-Golf Operational Standards:

The successful Bidder shall be responsible, at its sole expense, for assuring that mini-golf operations provide services to the best standards prevailing for similar businesses, and that entire operation meets all local, state, and federal laws and regulations.

The successful Bidder shall be required to daily inspect the course and obstacles, as well as the putters, and miniature golf balls, and keep all manuals and all maintenance records on site. The successful Bidder shall also adhere to all regulations, codes, laws, pertaining to or regulating the mini-golf operations.

During the original lease term or any renewal thereof, the Successful Bidder, at its sole expense, shall keep any and all equipment and personal property, and any other structures, obstacles, putter, or miniature golf balls, and associated facilities and equipment in good repair, and not suffer or permit any waste to be committed or anything to be done on the leased premises that would constitute a nuisance.

The successful Bidder, at its sole expense, shall be responsible for preventative maintenance of all equipment in accordance with manufacturer’s recommendations, keeping maintenance records on equipment and providing such records to the Department of Parks, upon request.

General Operational Standards:

The successful Bidder shall employ only competent and orderly employees who will keep themselves neat and clean and will accord courteous and competent treatment and service to all guests and patrons. The successful Bidder’s employees shall be properly trained in their duties and must be adequate in number and quality to provide prompt, courteous, and efficient service to the public.

The Bidder shall be held to be an independent contractor and all persons employed by it in the exercise of the rights granted hereunder shall be its employees, servants, and agents only.

The Bidder must provide employee background screenings for access to the park. The Bidder must provide the Park Manager with a list of employees that must gain access to the park to perform their required job duties, and the Bidder must inform the Park Manager of changes to their employee status in reference to criminal charges that would prevent their access to the park.

The successful Bidder shall not engage nor permit its employees to engage in any offensive, injurious, or abusive use of the leased premises. The successful bidder shall maintain in good order at all times and shall keep the leased premises used by the successful Bidder in a clean and sanitary condition throughout the entire term of this agreement, whether operating or not.

The Bidder shall comply with all provisions of the American with Disabilities Act as it relates to the

Bidder’s operation of a mini-golf course and concessions/canteen operation.

The successful Bidder shall provide security for its operation on the entire leased premises and a full description of what that entails shall be submitted with the Bidder’s proposal.

The employees, servants and agents of the Commonwealth shall have the right to enter upon the leased premises at all reasonable times during the term of the resulting lease for purposes of inspecting the leased premises and monitoring the Bidder’s compliance with the terms and conditions of the resulting Agreement.

The Department of Parks will monitor and inspect on a periodic basis the quality of all services and products offered, to ensure that the image and public perception of this operation is equal to or exceeds that of the Kentucky Department of Parks’ recreational system.

All rates and prices charged by the successful Bidder for goods and services shall be reasonable throughout the entire term of the lease.

The Department of Parks shall be responsible for ensuring that such provisions are enforced. Major deviations from these provisions will not be made without the prior written approval of the Division of Real Properties and the Department of Parks. Problems that arise under any aspect of performance should first be resolved between the successful Bidder and the agency. If such problems and/or disagreements cannot be so resolved, either party should refer them in writing to the Division of Real Properties for settlement.

The Successful Bidder shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of the state’s workers’ compensation laws and all federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Successful Bidder shall designate a responsible member of his/her organization on the work as safety officer, whose duty shall be to enforce safety regulations. The name and position of the person so designated shall be reported to the architect by the Successful Bidder.

The Commonwealth (which may include representatives of the Finance and Administration

Cabinet/Division of Engineering; Housing, Buildings and Construction/State Fire Marshal’s office;

and various representatives of the Department of Parks) and the successful Bidder shall annually inspect the property together by June 30 of each year to determine (1) whether the successful

Bidder is in conformity with the provisions of the maintenance sections of the agreement, and (2) to specify what act or acts are necessary to conform with the provisions of this section. As soon thereafter as practicable, the Department of Parks shall provide to the successful Bidder a written inspection report detailing the findings and recommendations pertaining to maintenance. The successful Bidder shall have thirty (30) days following receipt of the report to either (1) complete the maintenance recommendations made by the Commonwealth’s representatives or (2) present a written plan, for approval by the Commonwealth’s representatives, which details the actions to be taken in order to correct any maintenance deficiencies including an anticipated completion date. In the event the successful Bidder fails either to (1) complete the maintenance recommendations made by the Commonwealth within thirty (30) days, or (2) submit a reasonable plan within thirty (30) days, together with a projected date of completion by which to accomplish those maintenance recommendations made by the Commonwealth’s representatives, and to complete such plan of maintenance as agreed, unless good cause be shown for delay, then the Commonwealth may enter upon the property and do that which is necessary to maintain or repair the property. The successful

Bidder shall indemnify and hold harmless the Commonwealth from all costs and expenses of any such maintenance accomplished by the Commonwealth. Should the Commonwealth be required to do that which is necessary to maintain or repair the property, then the Commonwealth may, at its sole discretion, declare the successful Bidder in default of the agreement.

SECTION IX

Minimum Hours of Operation

Mini golf is open seasonally May through October and the snack bar is open seasonally May through October. The successful Bidder shall operate the mini golf facility and the snack bar/concessions on a daily basis, with the hours of operation set by successful Bidder and approved by park manager prior to beginning of each season.

The hours of operation shall be conspicuously posted at these activities by the Successful Bidder.

SECTION X

Rental Payments

The successful Bidder shall tender rent under the Lease Agreement to the Department of Parks monthly at Natural Bridge State Resort Park Manager’s office. Rent shall be paid in advance of the month for which the rent accrues, and in no event later that the first (1st) of the month.

SECTION XI

Fixtures and Equipment

All equipment/fixtures supplied by the Bidder for the operation of the activities shall be the property of the Bidder, which shall include, but not be limited to, refrigeration, microwave, and any other food preparation equipment, any and all mini-golf equipment and supplies.

The successful Bidder shall be responsible for maintaining to acceptable standards or replacing its equipment. All goods and chattels placed in or upon or attached to the premises shall be so placed, or attached, at the sole risk of the Bidder and the Commonwealth shall not be liable for injury or damage to property for any cause.

The Bidder shall be responsible for obtaining insurance coverage for all damages, which may be incurred to the structure, as well as the contents of the structure, including any inventory owned by the Bidder. Said insurance shall be obtained from a reputable insurance company authorized to do business in the Commonwealth of Kentucky. This coverage shall protect all personal property, including but not limited to, supplies, inventory and equipment related to the Bidder’s operation of its business.

SECTION XII

Renovation/Alteration of Leased Premises

The Bidder may, with prior written consent of the Department of Parks, and the Finance and

Administration Cabinet, Department for Facilities and Support Services, renovate or alter the leased premises, erect structures and install equipment in or upon the leased premises, at the Bidder’s sole expense. Such improvements, structures and equipment so placed in or upon or attached to said premises shall remain the property of the Commonwealth, subject to the provisions of Section XI hereunder, unless such improvements, structures, and equipment can be removed without damage to the Commonwealth’s property. Upon the removal of said improvements, structures and equipment, or any portion thereof, the Bidder shall promptly repair any damage to the leased premises resulting from the installation or removal of same and return the leased premises to its original condition, at the Bidder’s sole expense. Structures and equipment not removed from the premises at the termination, cancellation or expiration of the resulting lease shall become the property of the Commonwealth, which may, at its sole discretion, assess the Bidder the costs of removal or repair incurred by said Commonwealth as a result of the Bidder’s failure, howsoever caused, to effect the removal or repair required herein.

Prior to Bidder initiating any renovation or alteration to the leased premises, such renovation or alteration must be approved by the Commonwealth; the Division of Engineering/Finance and

Administration Cabinet; and the Department of Housing, Buildings and Construction/Public

Protection and Regulation Cabinet.

All construction, alterations, renovations, repairs to the leased premises shall be made subject to all applicable building codes of the Commonwealth of Kentucky and the Americans with Disabilities Act

(ADA). This shall include any and all building inspections, which are required by law to be performed prior to commencement of Lessee’s operation of the leased premises.

The Bidder agrees that it shall be responsible for paying for the cost of labor, materials and supplies which are expended as the result of any repair work which is done to the demised premises during the resulting Lease.

The Bidder shall comply with all standards set by the State Fire Marshall’s Office, and the Kentucky

Occupational Safety and Health Standards Board.

Nothing in this Agreement shall in any way be deemed or construed as constituting an order or request by the Commonwealth, expressed or implied, to any contractor, subcontractor, supplier, materialman or laborer, for the construction of any improvements on, alteration to, or other improvements of the leased premises; nor as giving the Bidder any right, power or authority to contract for or permit the rendering of any services or furnishing of materials that would give rise to the filing of any mechanic liens against the Commonwealth’s property or the Bidder’s lease-hold interest in the leased premises by reason of work, supplied to the Bidder. If a mechanic’s or materialman’s lien shall be filed against the leased premises at any time, the Bidder shall immediately notify the Commonwealth in writing of such lien, and shall cause the same to be discharged within thirty (30) days after the notice of filing thereof by payment, deposit, bond, or

Order of Court of competent jurisdiction or otherwise. If the Bidder, in good faith, disputes the validity or correctness of any lien, then the Bidder shall immediately notify the Commonwealth in writing of such dispute and may refrain from paying or causing the same to be discharged of record, but they shall diligently proceed to initiate and conduct appropriate proceedings to determine the correctness or validity of such lien. The Bidder shall not be deemed to be in default under resulting Agreement while such proceedings or litigation are being conducted in good faith by them. However, if the Bidder fails to cause any such lien to be discharged within the period aforesaid or fail to contest the same as provided above, the Bidder shall be deemed to be in default of the resulting Agreement, which shall be a basis for termination of said Agreement under Section

XIV.

SECTION XIII

Utilities, Maintenance and Garbage Collection

Utilities Expense: The Department of Parks will be responsible for paying all utility bills.

Refuse Collection: The Department of Parks shall provide refuse collection and disposal of waste materials, except as otherwise provided herein, from the common-use areas and from the grounds.

The Bidder is responsible for disposal of waste materials that it or its employees create in the leased area(s). No trash from servicing the park will be left on the premises. The Department of Parks retains the authority to require the Bidder to maintain the areas adjacent to its leased space clean of trash. If the Bidder fails to clean up its area after being requested to do so by the Department of

Parks, the Licensor may have the area cleaned and bill the Bidder for the time and material required to dispose of the refuse. The Department of Parks shall not collect nor dispose of any waste and/or material which is subject to regulation by any governmental agency, for example, the Kentucky

Natural Resources and Environmental Protection Cabinet, the United States Environmental

Protection Agency, or the United States Department of Energy.

The successful Bidder, at its sole expense, shall be responsible for all maintenance duties, including but not limited to the following:

1. The successful Bidder, at its sole expense, shall be responsible for daily trash and garbage removal from the entire leased premises. The Successful Bidder will be required to police the leased area on a daily basis and remove on an as needed basis or as reasonably directed by the Department of Parks.

2. The successful Bidder shall be responsible, at its own expense, for all repairs and maintenance of its facilities.

3. The successful Bidder, at its sole expense, shall be responsible for preventative maintenance of all equipment in accordance with manufacturer’s recommendations, keeping maintenance records on equipment and providing such records to the

Department of Parks, upon request.

4. Successful Bidder, at its sole expense, shall be responsible for all rebuilding, restoration and replacement of Commonwealth’s property necessitated by casualty resulting from the negligence or intentional act of the Successful Bidder, its agents or employees.

5. The Successful Bidder shall assume responsibility for all existing facilities, including any labor, equipment, and supplies, at the time the lease is finalized.

6. In addition to the aforementioned maintenance responsibilities of the Successful

Bidder and during the original lease term or any renewal thereof, the Successful

Bidder shall:

Keep any and all existing and proposed buildings, structures, and other improvements, located on the leased premises, both interior and exterior, and all equipment and personal property within said buildings and structures in good repair, and not suffer or permit any waste to be committed or anything to be done on the leased premises that would constitute a nuisance.

SECTION XIV

Cancellation Clause

Either party may terminate the resulting lease by giving notice to the other party specifying the date of termination, such notice to be given not less than thirty (30) days prior to the date of such termination. Time to be computed from date of mailing notice.

SECTION XV

Termination for Default

If at any time during the period in which the resulting Agreement is in effect, the Bidder, in the opinion of the Commonwealth, defaults on any obligation incurred hereunder, including the payment of rent, then the Agreement shall be subject to termination by the Commonwealth, with no right of recourse remaining with the Bidder. All rights and benefits conferred within the resulting lease shall be deemed forfeited and the Bidder shall quietly surrender possession of the demised property to the Commonwealth, provided however, that before any termination shall occur for default, the Bidder shall be given written notice and be allowed thirty (30) days from receipt of such notice in which to cure such default or noncompliance. If said default or noncompliance is cured within the above time period, then the Agreement shall remain in full force and effect.

SECTION XVI

Indemnity and Liability Insurance

The Bidder shall indemnify and save the Commonwealth harmless from any and all claims, demands, damage actions, costs, including attorney’s fees, and charges to which the Bidder may be subject or which said Commonwealth may have to pay by reason of any injury to any person or property, or loss of life or property resulting from or in any way connected with the character, or use of the structures, premises, or any means of ingress thereto or egress therefrom described herein. The

Bidder shall, at its sole expense, assume the defense of any 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 judgments, which may be rendered in any such actions.

Bidder shall carry and maintain public liability insurance, during the term of the resulting agreement, in the minimum amounts of $500,000.00 per person and an aggregate of $1,000,000.00 per accident for personal injury, and $500,000.00 property damage. Property damage caused by the successful

Bidder to Commonwealth owned property will be corrected by the bidder to the satisfaction of the

Kentucky Department of Parks and the Finance and Administration Cabinet. Said insurance shall name the Commonwealth as an additional insured and shall contain a non-cancellation clause notifying the Commonwealth at least thirty (30) days in advance of any proposed cancellation.

Successful Bidder must provide proof of liability insurance to the Park Manager’s office no later than ten (10) days after award of this lease agreement. Copies of all insurance policies shall be submitted to the Commonwealth annually for review and approval.

The Bidder shall be responsible for annually furnishing the Commonwealth with a copy of the certificate of renewal for the insurance policies required by Section XI Equipment and Section XVI

Liability Insurance.

SECTION XVII

Rules and Regulations

The Bidder shall abide by all municipal, county, state and federal laws, ordinances, rules and regulations of the Commonwealth as in effect from time to time (to the extent that

Commonwealth’s rules and regulations are not inconsistent with the terms of the Lease Agreement).

The Bidder shall also obtain all necessary and required property licenses, permits, authorizations or certificates from any and all local, state, and federal governmental agencies. The Bidder agrees that should its operation be shut down for its willful or negligent failure to comply with the requirements of the Health Department of Commonwealth of Kentucky, the Bidder shall be in default of the Lease

Agreement and said Agreement will be terminated under Section XV.

The Bidder must be licensed and certified by the Powell County Health Department, and must provide to the Commonwealth a copy of that licensing/certification prior to beginning operations.

The Bidder agrees to conform to all laws and applicable regulations prohibiting discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin, age (except as provided by law), material status, political affiliation, or disability. The Bidder will be obligated to assure that all personnel representing Bidder’s company will abide by all

Commonwealth policies and regulations while on area and/or station premises and shall perform at all times in a professional manner.

The Bidder will comply with regulations issued by the Secretary of Labor of the United States in Title

20, Code of Federal Regulations, Part 741; pursuant to the provision of Executive Order 11758; the

Federal Rehabilitation Act of 1973, as amended; the Civil Rights Act of 1964 and any amendments thereto, and the rules and regulations there under; Section 504 of Title V of the Vocational

Rehabilitation Act of 1973, as amended; the Kentucky Civil Rights Act; and the Americans with

Disabilities Act. No firearms may be brought onto State property by the Bidder, employees of the contractor, or any representative of the contractor. The Commonwealth will not be responsible for damage to concessionaire equipment and contents thereof, or loss of monies due to vandalism, robbery, or any other action or cause.

All ad valorem taxes which may be lawfully imposed by the State of Kentucky and its political subdivisions upon the structures and equipment of the Bidder in or upon the premises shall be paid promptly by the Bidder.

SECTION XVIII

Assignment, Sublease

The Bidder shall not voluntarily, involuntarily, or by operation of law assign, sublet, or transfer the resulting Agreement or any interest established herein, or mortgage or otherwise encumber all or any part of the premises to any other person, partnership, corporation or other entity without first obtaining in each and every instance the Commonwealth and the Finance and Administration

Cabinet’s prior written consent, and any attempt to assign, sublet, or transfer the resulting

Agreement or any interest established herein, or mortgage or otherwise encumber all or any part of the premises without such consent shall be void. If an assignment of the lease is made with the consent of the Commonwealth and the Finance and Administration cabinet, then Bidder shall not be relieved from the payment of all rent according to the terms hereof or for the performance of all other terms, covenants and conditions of the Lease. If the Bidder is a corporation, then any transfer of this lease by merger, consolidation or liquidation, or any change in ownership of, or power to vote the majority of its outstanding voting stock shall constitute an assignment of obtaining

Finance’s consent to any subsequent assignment of subletting. No assignment will be effective or binding against the Commonwealth until such time as the assignee executes an amendment reflecting such assignment.

SECTION XIX

Accounting

The Bidder shall keep adequate records, books, and accounts covering the business operations conducted upon the premises, in such form as the Commonwealth may prescribe, and shall employ an independent audit agency to perform annual post audits, when at the discretion of the

Commonwealth an audit is desirable. Such records and books of account shall be open for inspection or audit by the agents and employees of the Commonwealth at all reasonable times. All records of products, sales, maintenance, and sanitation are to be made available to the

Commonwealth for inspection upon request.

SECTION XX

Holdover

In the event the Bidder remains in possession of the leased premises after the expiration date of the resulting Lease Agreement, and without execution of a new Lease or Lease Renewal Addendum, the

Bidder, at the option of the Commonwealth, shall be deemed to be occupying the leased premises as a Lessee from month-to-month, subject to all of the conditions, provision and obligations of the

Lease Agreement insofar as the same are applicable to a month-to-month Lease.

SECTION XXI

Amendment of Resulting Lease Agreement

It is agreed by the parties to the resulting Lease Agreement that all prior negotiations have been merged into said resulting Agreement, which may not be modified, altered or amended, except by an Amendment to Lease Agreement, executed by all parties to the resulting Agreement.

SECTION XXII

Construction of Resulting Lease Agreement

It is agreed by the parties hereto that all questions as to the execution, validity, interpretation, construction and performance of the resulting Lease Agreement shall be governed by the laws of the Commonwealth of Kentucky. Furthermore, the parties hereto further agree that any legal action which is brought on the basis of said Agreement shall be filed in Franklin County, Kentucky.

SECTION XXIII

Financial Auditor or Program Review

The Lessee, as defined in KRS 45A.030 (9), agrees that the Department of Parks, the Finance and

Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records or other evidence which are directly pertinent to this Lease for the purpose of financial audit or program review. Furthermore, any books, documents, papers, records or other evidence provided to the Department of Parks, the Finance and Administration Cabinet, the Auditor of Public Accounts, or the Legislative Research Commission which are directly pertinent to the contract shall be subject to public disclosure regardless of the proprietary nature of the information, unless specific information is identified and exempted and agreed to by the Secretary of the Finance and

Administration cabinet as meeting the provisions of KRS 61.878(1)(c) prior to the execution of the

Lease. The Secretary of the Finance and Administration Cabinet shall not restrict the public release of any information which would otherwise be subject to public release if a state government agency was providing the service.

SECTION XXIV

Definition of Gross Receipts

“Gross Receipts” shall be the total amount of cash or credits received by the Bidder from all business, including receipts from sale of food/grocery items; paraphernalia, souvenirs, any and all other incidental income, including the total sale amount of consigned items, resulting from the term of the Lease Agreement. Gross receipts shall also include, for the purposes of the resulting lease, Kentucky Tax, writing fees for licenses, and Federal Excise tax on those items subject to it, are exempt from the gross receipts for fee purposes.

Gross receipts as defined in reference to revenue derived from any and all consigned items, such as vending machines, located on or about the properties, shall mean total dollar sales derived from the sale of said items, as opposed to commissions received by the Bidder.

SECTION XXV

Signage

The Bidder shall not display or allow to be displayed any advertisement or other materials without the prior written approval of the park manager.

The successful Bidder shall, at its sole expense, post signage, which shall be conspicuously displayed and must be in conformance with the existing Department of Parks’ signage, on the leased premises, reflecting that the mini-golf; and concessions operations are privately owned and operated through an agreement with the Commonwealth of Kentucky.

In order to promote both the Kentucky Department of Parks and the successful Bidder’s operations in a more efficient manner, the parties hereto agree that any advertisement or promotional material, whether in print form or through the traditional or internet-based media, shall be submitted to the

Commissioner of the Kentucky Department of Parks for his written approval, or his designee, prior to the publication, posting, or broadcast of such material. Any rejection of said material by the

Commissioner or his designee shall be accompanied by a written explanation for said rejection. The parties hereto further agree that the sale of any souvenirs or similar material is subject to review by the Department of Parks’ Customer Services Division and must also receive the written approval of the Commissioner of the Department of Parks prior to the sale of such item to the public. The denial of the sale of such item must also be accompanied by a written explanation for said denial.

The Bidder shall not hang any sign, bunting, or other advertising or decorative materials on the premises, or employ loudspeakers, phonographs, or radio broadcasts either indoors or outdoors, without the prior consent of the Commonwealth. All advertising of any kind by the Bidder shall be subject to the advance approval of the Commonwealth in its sole discretion.

FORM OF PROPOSAL (REQUEST FOR BIDS)

TO: Finance and Administration Cabinet INVITATION NO: 042721

Department for Facilities and Support Services

Division of Real Properties BID OPENING: April 27, 2021

3rd Floor, Bush Building

403 Wapping Street AT: 2:30 p.m. EDT

Frankfort, Kentucky 40601-2607

BID FORM

Subject to the General Terms and Conditions and Authentication of Bid and Affidavit of Non-

Collusion and Non-Conflict of Interest, I propose to pay to the Commonwealth the following amount:

For the operation of mini-golf course and/or concessions/canteen at Hoe Down Island, Natural Bridge State Resort Park (circle all that apply to Bidder’s bid or strike through that/those activities which do not apply), the Bidder proposes to pay to the Commonwealth

________% of gross receipts derived from the mini-golf and concessions/canteen operations.

I have enclosed my bid deposit equal to $100.00, and a summary of past experience in the concessions/canteen and/or mini golf operation and retail business, in general. I also am including a detailed description of the activities (including proposed number of staff for activity for which I am bidding).

SIGNED:

BIDDER

MINIMUM ACCEPTABLE BID IS FIVE PERCENT (5%) OF GROSS RECEIPTS DERIVED FROM

THE MINI-GOLF AND CONCESSIONS/CANTEEN OPERATIONS.

AUTHENTICATION OF BID AND AFFIDAVIT OF

NON-COLLUSION AND NON-CONFLICT OF INTEREST

I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523.040:

1. That I am the Bidder (if the Bidder is in individual), a partner (if the Bidder is a partnership) or an officer or employee of the bidding corporation having authority to sign on its behalf (if the Bidder is a corporation);

2. That the attached bid or bids covering Kentucky Division of Real Properties Invitation No.

042721 have been arrived at by the Bidder independently and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other Lessee of materials, supplies, equipment or services described in the

Invitation to Bid, designed to limit independent bidding or competition;

3. That the contents of the bid or bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished with the bid or bids and will not be communicated to any such person prior to the official opening of the bid or bids;

4. That the Bidder is legally entitled to enter into contracts with the Commonwealth of

Kentucky and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 45A.330 to 45A.340, 45A.990, 45A.164.390 or KRS

11A.040 of the Executive Branch Code of Ethics; and,

5. That I have fully informed myself regarding the accuracy of the statements made above.

STATEMENT OF FINAL DETERMINATION

OF VIOLATIONS PURSUANT TO KRS 45A.485

Pursuant to KRS 45A.485, the Bidder shall reveal to the Commonwealth, prior to the award of a contract, any final determination of a violation by the Bidder within the previous five (5) year period of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342.

For the purpose of complying with the provisions of KRS 45A.485, please list any final determination(s) of violation(s) of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, which have been rendered against the Bidder within the five (5) years preceding the award of this contract.

Please include the date of the determination and the state agency issuing the determination.

(Please use extra sheets if necessary.)

KRS Violation Date State Agency

The Bidder is further notified that KRS 45A.485 requires that for the duration of this contract, the

Bidder shall be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, which apply to the Bidder's operations. KRS 45A.485 further provides that the

Bidder's failure to reveal a final determination of a violation of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, or failure to comply with the above-cited statutes for the duration of the contract, shall be grounds for the Commonwealth's cancellation of the contract, and the Bidder's disqualification from eligibility to bid or submit proposals to the Commonwealth for a period of two

(2) years.

Solicitation/Contract #: __042721_______________________

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 1 OF 2

FOR BIDS AND CONTRACTS IN GENERAL:

I. Each Bidder or offeror swears and affirms under penalty of perjury, that:

a. In accordance with KRS 45A.110 and KRS 45A.115, neither the Bidder or offeror as defined in KRS

45A.070(6), nor the entity which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth of Kentucky; and the award of a contract to the Bidder or offeror or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

b. The Bidder or offeror swears and affirms under penalty of perjury that, to the extent required by

Kentucky law, the entity bidding, and all subcontractors therein, are aware of the requirements and penalties outlined in KRS 45A.485; have properly disclosed all information required by this statute; and will continue to comply with such requirements for the duration of any contract awarded.

c. The Bidder or offeror swears and affirms under penalty of perjury that, to the extent required by

Kentucky law, the entity bidding, and its affiliates, are duly registered with the Kentucky Department of

Revenue to collect and remit the sales and use tax imposed by KRS Chapter 139, and will remain registered for the duration of any contract awarded.

d. The Bidder or offeror swears and affirms under penalty of perjury that the entity bidding is not delinquent on any state taxes or fees owed to the Commonwealth of Kentucky and will remain in good standing for the duration of any contract awarded.

FOR “NON-BID” CONTRACTS (I.E. SOLE-SOURCE; NOT-PRACTICAL OR FEASIBLE TO BID; OR EMERGENCY

CONTRACTS):

II. Each contractor further swears and affirms under penalty of perjury, that:

a. In accordance with KRS 121.056, and if this is a non-bid contract, neither the contractor, nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of any contract awarded, have contributed more than the amount specified in KRS 121.050 to the campaign of the gubernational candidate elected in the election last preceding the date of contract award.

b. In accordance with KRS 121.330(1) and (2), and if this is a non-bid contract, neither the contractor, nor officers or employees of the contractor or any entity affiliated with the contractor, nor the spouses of officers or employees of the contractor or any entity affiliated with the contractor, have knowingly contributed more than $5,000 in aggregate to the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract award.

Solicitation/Contract #: __042721_____________________

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 2 OF 2

c. In accordance with KRS 121.330(3) and (4), and if this is a non-bid contract, neither the contractor, nor any member of his/her immediate family, his/her employer, or his/her employees, or any entity affiliated with any of these entities or individuals, have directly solicited contributions in excess of $30,000 in the aggregate for the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract.

As a duly authorized representative for the Bidder, offeror, or contractor, I have fully informed myself regarding the accuracy of all statements made in this affidavit, and acknowledge that the

Commonwealth is reasonably relying upon these statements, in making a decision for contract award and any failure to accurately disclose such information may result in contract termination, repayment of funds and other available remedies under law.

Signature Printed Name

Title Date

Company Name

Address

Phone and/or Cell

Email

Subscribed and sworn to before me by

(Affiant) (Title) of this _____day of ____________,20___.

(Company Name)

Notary Public

[seal of notary] My commission expires: