RFP 2023_011 PINETREE RECREATION CENTER MANAG.pdf

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 1

LUMPKIN COUNTY BOARD OF COMMISSIONERS

REQUEST FOR PROPOSAL

PINETREE RECREATION CENTER

MANAGEMENT & OPERATIONS

PROJECT NUMBER RFP 2023-011

SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN

November 28, 2023 AT 2:00 PM, EST

ELECTRONIC SUBMISSIONS VIA E-MAIL OR FAX WILL NOT BE ACCEPTED

ATTENTION: RYAN MCDUFFIE, PURCHASING AGENT

99 COURTHOUSE HILL, SUITE D

DAHLONEGA, GA 30533

Release November 1, 2023

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP ON OR BEFORE THE

STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE

OFFEROR.

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1.0 INTRODUCTION

1.1 Purpose of Procurement

3.1 The Lumpkin County Board of Commissioners is requesting proposals from qualified and licensed professionals to provide operation and management services for its Pinetree Recreation Center. The County welcomes proposals for both possible scopes as well as proposals from firms that may only want to propose one scope or the other.

Proposing only one scope does not remove you from consideration.

The detailed scopes of work can be found in Section 2.0.

1.2 Proposal Certification

Pursuant to the provisions of the Official Code of Georgia Annotated § 50-5- 67(a), Lumpkin County certifies that the use of competitive sealed proposals will be practical or advantageous to the County in completing the acquisition described in this document.

The owner shall have the right to waive any informality, irregularity, or insufficiency in the proposal procedure and in any proposal or proposals received, and to accept the proposal which, in the Owner’s sole judgment, is in the Owner’s own best interest. The Owner shall have the right to accept any proposal.

1.3 Schedule of Events

The Request for Proposals shall be governed by the following schedule:

DATE ACTIVITY

November 1, 2023 Release of RFP November 9, 2023, 11:00AM EST Pre-Proposal Meeting & Site Visit

November 13, 2023, 12:00PM EST Deadline for written questions to Purchasing Agent

November 15, 2023, 5:00PM EST Answers to written questions and addenda posted to website

November 28, 2023, 2:00 pm EST Proposals Due

1.4 Restrictions on Communications

From the issue date of this RFP until a vendor is selected and the award is announced, contractors are not allowed to communicate about this project with any County staff or elected officials except: 1) through the Purchasing Agent named herein, 2) at the Pre- Proposal Meeting (if applicable to project), or 3) as provided by existing work agreement(s). The County reserves the right to reject the submittal of any vendor violating this provision.

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1.5 Pre-Proposal Conference

A pre-proposal meeting will be held on Thursday, November 9, 2023 at 11:00 AM at the Lumpkin County Administration Building located at 99 Courthouse Hill, Dahlonega, GA 30533 in the First Floor Conference Room. A visit to the site will immediately follow the end of the pre-proposal meeting.

1.6 Questions & Addenda

All questions concerning this RFP must be submitted in writing, (email is preferred but fax and mail may also be used) to the Purchasing Agent no later than 12:00 PM, November 13, 2023.

Ryan McDuffie, Purchasing Agent Lumpkin County Board of Commissioners 99 Courthouse Hill, Suite D Dahlonega, GA 30533 ryan.mcduffie@lumpkincounty.gov Fax: 706-482-2201

No response to inquiries, other than written, will be binding upon the County. Lumpkin County reserves the right to issue written addenda to any inquiries that alter the scope of the RFP. Addenda shall be posted to the county website, www.lumpkincounty.gov, under the Bids & Solicitations tab no later than 5:00 PM, November 15, 2023. A signed copy of any addenda shall accompany submitted proposals. Contractors are advised to check the website for addenda before submitting their proposals.

1.7 Contract Term

The initial contract term between the County and the contractor shall be from January 1, 2024 to December 31, 2024 and will be eligible for up to four (4) annual renewals.

Lumpkin County reserves the right to terminate the contract, with 30 days written notice, for any violations in the terms of this agreement or unreconciled issues arising as a result of this agreement. Vendor agrees to provide 30 days written notice and complete any ongoing activities if Vendor chooses to opt out of an agreement with the County.

1.8 Bonds

Proposal Bonds Not Required Payment Bonds Not Required Performance Bonds Not Required

1.9 Exception to RFP

Each contractor shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP. An “exception” is defined as the Proposer’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the proposal. All exceptions taken must be mailto:ryan.mcduffie@lumpkincounty.gov http://www.lumpkincounty.gov/

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identified and explained in writing in your RFP and must specifically reference the relevant section(s) of this RFP. If the Proposer provides an alternate solution when taking an exception to the requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Proposer’s solution must be explained in detail.

The County welcomes innovative suggestions and recommendations from Proposers that will ensure a 100% successful service approach.

2.0 SCOPE OF WORK

The Lumpkin County Board of Commissioners is requesting proposals from qualified and licensed professionals to provide operation and management services for its Pinetree Recreation Center. The submission must, at a minimum, include a proposal for one or both of the possible scopes. The TWO possible scopes are: (1) managing the facility, together with all of the amenities, described in this RFP or, (2) managing the facility, together with all portions of only aquatic operations.

SCOPE OF WORK #1

The Scope of Work for Total Pinetree Way Recreation Center Management includes, but it not limited to:

1. Provide all necessary trained and certified staff, including lifeguards and programming for the operation and management of the aquatic facility, as well as maintaining the proper certifications required, including either a Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO).

The expected commitment is to operate the aquatic center 7 days a week for a minimum of 8 hours per day. Vendor will be responsible for management of personnel, including employment, providing certifications/re-certifications, ongoing training, performance reviews, employee discipline, and terminations.

2. Formation and implementation of day-to-day operating programs, business plans, budgets, and marketing/advertising plans.

3. In coordination with the County, program development and management, including lessons, leagues, rentals, group programs, events, and open activities. The expected commitment is for a full offering of programs and services in all areas of the center, outdoor aquatic facility, two gymnasiums, outdoor pickleball courts, and meeting rooms.

4. Regulate and maintain a positive controlled environment and provide for the enforcement of pool rules and regulations in accordance with applicable EPA and other agency laws. Be familiar with all local and state health department guidelines for pools and concessions to ensure facility is furnished with all required safety equipment and adhering to all local and state policies.

5. Must provide a non-DOT drug and alcohol policy that includes random drug testing.

6. Assist in the development of fee schedules for items including, but not limited to, facility membership, class fees, and facility rentals.

7. Use and operate the County provided accounting software and point of sale system for the input of collections and accounting of all revenue

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required by Lumpkin County.

8. Preparation of weekly, monthly, and annual financial operating statements in formats required by Lumpkin County.

9. Daily custodial care of the entire facility with a particular emphasis on cleanliness and facility maintenance of the aquatic areas, systems, equipment, filters, and surrounding areas.

10. Test safety equipment and water quality and vacuum the pool on a daily basis.

11. Assist with identification, implementation and expense associated with any capital improvements or capital equipment.

12. Supply and ensure an adequate inventory of first aid supplies and pool chemicals adequate to the size and operation of the facility.

13. Provide written reports on equipment and pool safety checks, water quality tests, the life expectancy of equipment, and inventory of supplies as required by the County.

14. Manage customer service complaints or inquiries and distribute surveys according to County protocol.

15. Ensure all staff is provided with professional and identifiable uniforms that they are required to wear during their entire shift.

16. Provide after-hours emergency contacts for the on-site manager and supervisor.

17. Ensure times are scheduled to accommodate all Lumpkin County Parks and Recreation functions and programs.

18. A designee of Lumpkin County Board of Commissioners shall be included in the selection process of the facility/aquatics general manager.

19. Provide concessionaire services during all programming. Daily, weekly, monthly scheduling of staff including Management, supervisors, lifeguards, maintenance, concessions staff, programmers, recreation staff.

20. Develop, implement, and train staff in facility Emergency Action Plans including but not limited to including general procedures for land rescues, water rescues, missing persons, and inclement weather guidelines.

21. Develop zones of coverage for lifeguards and lifeguard rotation plan, as well as accident/incident and fecal management guidelines and reporting.

22. Develop staff policies & procedures manual with assistance of Lumpkin County staff.

SCOPE OF WORK #2

The Scope of Work for Managing the Aquatic operations of the Pinetree Way Recreation Center Management includes, but it not limited to:

1. Provide all necessary trained and certified staff, including lifeguards and programming for the operation and management of the aquatic facility, as well as maintaining the proper certifications required, including either a Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO).

The expected commitment is to operate the aquatic center 7 days a week for a minimum of 8 hours per day. Vendor will be responsible for management of personnel, including employment, training, and terminations.

2. Formation and implementation of day-to-day operating programs, business plans, budgets, and marketing/advertising plans.

3. In coordination with the County, program development and management, RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 6 including lessons, leagues, rentals, group programs, events, and open activities. The expected commitment is for a full offering of programs and services in all areas of the center.

4. Regulate and maintain a positive controlled environment and provide for the enforcement of pool rules and regulations in accordance with applicable EPA and other agency laws.

5. Must provide a non-DOT drug and alcohol policy that includes random drug testing.

6. Use and operate the County provided accounting software and point of sale system for the input of collections and accounting of all revenue required by Lumpkin County.

7. Preparation of weekly, monthly, and annual financial operating statements in formats required by Lumpkin County.

8. Daily custodial care with a particular emphasis on cleanliness and facility maintenance of the aquatic areas, systems, equipment, filters, and surrounding areas.

9. Test safety equipment and water quality and vacuum the pool on a daily basis.

10. Assist with identification, implementation and expense associated with any capital improvements or capital equipment.

11. Supply and ensure an adequate inventory of first aid supplies and pool chemicals adequate to the size and operation of the facility.

12. Provide written reports on equipment and pool safety checks, water quality tests, the life expectancy of equipment, and inventory of supplies as required by the County.

13. Manage customer service complaints or inquiries and distribute surveys according to County protocol.

14. Ensure all staff is provided with professional and identifiable uniforms that they are required to wear during their entire shift.

15. Provide after-hours emergency contacts for the on-site manager and supervisor.

16. Ensure times are scheduled to accommodate all Lumpkin County Parks and Recreation functions and programs.

17. A designee of Lumpkin County Board of Commissioners shall be included in the selection process of the facility/aquatics general manager.

18. Daily, weekly, monthly scheduling of staff including Management, supervisors, lifeguards, maintenance, concessions staff, programmers, recreation staff.

19. Develop, implement, and train staff in facility Emergency Action Plans including but not limited to including general procedures for land rescues, water rescues, missing persons, and inclement weather guidelines.

20. Develop zones of coverage for lifeguards and lifeguard rotation plan, as well as accident/incident and fecal management guidelines and reporting.

21. Develop staff policies & procedures manual with assistance of Lumpkin County staff.

Services Provided by the County

1. The facility grounds and building maintenance will be performed by the County.

2. County staff will formulate a revenue and expense budget and facility fee schedule in conjunction with the Management Firm.

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3. Security for the facility will include indoor and outdoor cameras.

4. Furnish water, telephone, and electricity and will be responsible for the payment of all utilities.

5. Retain the right to inspect pools, buildings, fixtures, improvements, furnishings, machinery, or equipment at any time.

6. If the County elects to proceed with a contract for aquatic operations management only, concession operations will be conducted by the County.

TECHNICAL SPECIFICATIONS- To be included with Qualifications Proposal

1. Must demonstrate 5+ years of experience in managing an aquatic facility of comparable or greater size and budget. Show experience in planning, organizing, and implementing instructional classes, exercise and fitness programs. Include information on recent management of a minimum of one municipal aquatic facility.

2. Provide examples of successful and cutting-edge marketing and business plans. Please explain the marketing plan you could potentially use for this facility.

3. Provide documentation that shows a proven financial success and sustainability of operations.

4. Provide evidence of insurance in accordance with County requirements.

5. All employees are required to have First Aid, CPR, and AED

Training and Certifications. All lifeguards are required to hold at minimum, a current, nationally recognized Lifeguard certification (preferably American Red Cross), First Aid, CPR, AED, Oxygen, and Water Park Lifeguard Certifications. Successful Offeror should specify which nationally recognized Lifeguard certification will be utilized. All swim lesson instructors are required to have an American Red Cross Water Safety Instructor Certification or a suitable equivalent. If using another program besides American Red Cross, please provide the curriculum/syllabus of training with your proposal.

6. The respondent will provide a suggested timeline for staffing the facility including recruiting, hiring, and training timelines with a projected open date of May 1, 2024.

7. Evidence of knowledge of current aquatic industry standards of care related to water chemistry and disease prevention procedures; lifeguard best practices; use of adjunct equipment (i.e., rescue equipment, automatic external defibrillator units, and emergency oxygen).

8. Evidence of knowledge of current risk management best practices, community- based programming, and event management.

9. Experience in successfully implementing aquatic risk management procedures that include, at a minimum, facility operational audits, lifeguard performance audits, and vigilance awareness validation, and guidelines/plans for continuous in-service training of the lifeguards.

10. The Successful Offeror will be responsible for hiring the appropriate number of qualified personnel (who will be employed exclusively for the performance of the said contract) to conduct the daily operation and management of the facility and will comply with all federal, state, and local laws related to minimum age, social security, nondiscrimination, Americans with Disabilities Act (ADA), unemployment compensation

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and Workers’ Compensation. All personnel employed by the Successful Offeror shall be paid in accordance with Federal and State Minimum Wage Law. The Successful Offeror shall be responsible for the payment of all employment taxes, social security taxes and background checks related to the employment of the said personnel. Personnel employed by the Contractor shall be required to pass a criminal background check and a sexual offender background check. Evidence of each employee’s successful passing of all background screenings will be required to be provided to the County prior to any employee working at the facility.

Any employee not meeting this requirement will not be permitted to work at the facility.

11. The County shall have the right to request a replacement of any of the Contractor’s employees whose conduct, character, or performance is not in the best interest of the County. The Contractor agrees to make the replacement of said employees within five (5) calendar days.

12. The selected firm will be required to perform all aquatic facility management services, as well as financial, accounting practices, and procedures to accomplish the County’s goals and expectations for the operations of the Pinetree Recreation Center. The firm will work with the County to develop a scope of services that meets the County’s expectations and operations budget.

13. The management company shall outline its policy for facility maintenance i.e vacuuming of the pools; pool bathrooms; areas surrounding the pool etc.

Management company shall also outline janitorial services and care of facility’s interior public spaces.

14. The management company shall notify County staff immediately of any needed repairs. County staff are responsible for providing corrective action whether done internally or by an outside contractor to accomplish the repair.

3.0 MANDATORY PROPOSAL REQUIREMENTS

3.2 Overview: The proposer shall provide detailed information so as to demonstrate their understanding of the services requested as laid out in the Technical Specifications. The County welcomes proposals for both possible scopes as well as proposals from firms that may only want to propose one scope or the other. Proposing only one scope does not remove you from consideration.

3.2 Documents: Proposers will submit one (1) original and three (3) copies of the proposal. Lumpkin County, Georgia is not interested in elaborate brochures. All documents will be typewritten on standard 8 ½” x 11” white paper and bound in two volumes (Volume 1-Qualifications Proposal and Volume II Cost Proposal).

Exceptions would be schematics, exhibits, photographs, or other information necessary to facilitate the County’s ability to accurately evaluate the proposal.

3.3 Submission: The Proposer shall package and seal its proposals so that they will not be damaged in mailing. Volumes I and II are to be packaged and sealed separately.

Proposers are reminded that under Georgia law, all opened documents fall under the open records act and are subject to inspection by the public. Proposers are reminded that documents and information in the possession of Lumpkin County will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open Records Act and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open Records Act. Should you believe that your Proposal

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contains any trade secrets, you must submit an affidavit, along with the Proposal, that states that specific portions of the Proposal contain trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the Proposal containing any trade secrets.

Accordingly, proprietary information and/or data cannot be withheld from public inspection. Proposals and supporting documents will be submitted in accordance with the Evaluation and Proposal Submission Section.

Proposals must be tabbed as follows and must include, in the applicable tab, the information/documents specified. Proposals that do not adhere to the following format or include the required information/documents may be considered incomplete and therefore non-responsive.

VOLUME I- QUALIFICATIONS PROPOSAL

(DO NOT INCLUDE PRICING IN THIS VOLUME)

**IDENTIFY WHICH SCOPE YOU WILL BE PROPOSING OR IF YOU ARE

PROPOSING FOR BOTH POSSIBLE SCOPES.

TAB 1 – General Consultant Qualifications TAB 2 – Project Management Plan & Key Personnel TAB 3 – Related Project Experience TAB 4 – Client References for Similar Projects

The proposal shall be styled at the discretion of the submitter. However, at a minimum it must address these areas:

1. General Consultant Qualifications:

a. An overview of the entity

b. Location of corporate office

c. Location and office address that will service the project if different than corporate office

d. Organizational structure

e. Total number of employees

2. Project Management Plan & Key Personnel

a. Provide resumes of your professional staff, including present ownership and key management members that will work directly with the County on the project. In addition to resumes, please provide work history and accreditations/credentials.

b. Provide your definition of a community center and the role that the community center will play for those that it serves. Detail the expectations that you consider to be significant to the local community.

c. Provide a list of expected activities to be undertaken and brief description of each as it relates to your management approach in providing operation and management services to this project. This list should include, but not be limited to, scheduling, progress reporting, quality control, safety information, etc. Please include an overview of the mix of spaces and other critical programmatic areas including a plan for pre-opening and a timeline of critical milestones and a description of roles and responsibilities. Please identify which scope of work you

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are addressing or if you are addressing both.

d. Provide a marketing plan consisting of an explanation of the overall philosophy on how the organization would advise as to how best market the facility.

i. Provide an overview of marketing and promotional concepts that will further the goals of the County as a premier venue and maximize the economic impact to the region.

ii. Describe the approach to booking, scheduling, promoting, advertising, and marketing events.

iii. Describe the approach in marketing and booking local programs.

iv. Identify any collaborations, alliances, key relationships, and other marketing opportunities that the firm will establish between other facilities managed by the firm and how these can benefit the facility.

e. Provide details of your current workload and your ability to provide dedicated and necessary resources to this project.

f. Provide documentation from insurance provider/surety agency stating that respondent has ability to be insured and will add the City as an additional insured.

3. Related Project Experience:

a. List of Operation and Management Service experience the firm has had in the last five (5) years or is currently managing, for a municipality, county, or other public entity. The entity must have extensive and current experience in managing, owning, and/or operating numerous recreational facilities. Firms without recreational management or operational experience will not be considered.

b. List of three currently operated facilities.

4. References

a. Please provide at least three (3) references from other accounts where market analysis and feasibility services were offered and the operation is now open and operating (name, position, address, and current contact information).

VOLUME II – COST PROPOSAL and REQUIRED COUNTY DOCUMENTS

COST PROPOSAL

Each Proposer is required to submit a cost proposal as part of its response. The County is requesting a price for SCOPE of WORK #1 “Total Recreation Facility Management” as well as the price for SCOPE of WORK #2 “Aquatic Operations Management” at the Recreation Center.

Firms do not have to submit for both scopes of work if you would like to be considered for one or the other. Submitting for only one scope would not necessarily remove you from consideration. The cost proposal will be evaluated and scored in accordance with scoring criteria.

1. Proposed Compensation

a. Please provide an outline of a potential fee structure for services if selected. Due to the preliminary nature of this RFP and the information provided, it is understood that any proposed compensation structure will be subject to review of the detailed financial information for the facility. The intent of this request is to

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obtain a preliminary understanding of the potential compensation structure that may be required in a new management agreement for the facility.

4.0 PROPOSAL EVALUATION FACTORS

It is the County’s intent to evaluate the proposals based on technical merit and price. It is the intent of the County to choose the Proposer whose proposal provides the highest value to the County. The County reserves the right to waive any irregularities, reject any and/or all proposals, in whole or in part, when, in the County’s opinion, such rejection is in the best interests of the County. The County reserves the right to seek additional/supplemental representation on specific issues as needed.

4.1 Technical Evaluation Method

Each proposal will be reviewed by a team of qualified individuals. Their proposal review and evaluation will be subjective; however, the weighting values are established to minimize that subjectivity. The following delineates the value attributed to each section.

SECTION WEIGHT

General Consultant Qualifications 20 points Project Management Plan & Key Personnel 20 points Related Project Experience 20 points Client References for Similar Projects 20 points Quality of Submittal Package 5 points

Cost 15 points

Total 100 points

Based on the total score of the Technical and Cost proposals, the Board of Commissioners may choose Proposers with whom to negotiate the final project methodology/scope, fees, and schedules with a view toward entering into a contractual agreement.

NOTE: The BOC reserves the right to accept a proposal, as submitted, and enter directly into a contractual agreement with that selected Proposer. Accordingly, it is imperative that all Proposers present their best technical and cost offers in their initial submission.

There will be two prices; one for total recreation center management and one for aquatic operations management only. If you choose to omit one of these, it will not necessarily cause a rejection of your submission. The County is not yet certain which method is the most feasible.

5.0 RFP Amendments

The County reserves the right to amend the RFP prior to the proposal due date. All addenda and additional information will be posted to the County’s website www.lumpkincounty.gov under Bids & Solicitations project RFP 2023-011 http://www.lumpkincounty.gov/

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PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS, prior to 5:00 pm, EST on November 28, 2023. It is the Proposer’s responsibility to check the website for addenda before submitting a proposal. All signed addenda shall be included with the proposal.

5.1 Agreement and Project Forms

The agreement form shall be the Owner’s agreement form. The Owner’s payment, waiver of lien, and change order form(s) shall be used.

5.2 RFP Withdrawal

A submitted RFP may be withdrawn prior to the due date by a signed written request to the Purchasing Agent.

5.3 Costs for Preparing RFP

The cost for developing the RFP is the sole responsibility of the contractor. The County will not provide reimbursement for such cost.

5.4 Conflict of Interest

If a Proposer has any existing client relationship that involves Lumpkin County, the Proposer must disclose each relationship.

5.5 Contractor Selection

Lumpkin County anticipates making a single award; however, it reserves the right to make multiple awards should it deem in the best interest of the County. It is anticipated that such an award, if any, will be accomplished within sixty (60) days (unless otherwise agreed upon by the Proposer(s) and the County) from the proposal opening.

5.6 Negotiations and Apparent Winner

Prior to award, the apparent winning proposer will be required to enter into discussions with the County to resolve any contractual differences. These discussions are to be finalized within two (2) weeks of notification unless extending the time period is advantageous to the County. Failure to resolve differences will lead to rejection of the contractor’s RFP.

The County reserves the right to negotiate modifications and costs with the successful Proposer, provided that no such modifications affect the specifications set forth herein.

The contractor shall commence work only after the transmittal of a fully executed contract and a Notice to Proceed document is received from the County.

5.7 Taxes

Lumpkin County is exempt from sales taxes; however, the contractor shall pay all taxes required as stated by law. Lumpkin County cannot exempt others from tax.

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5.8 Compliance with Laws

The contractor will comply with all State and Federal laws, rules, and regulations.

5.9 Non-Collusive Bidding

Contractor shall not prevent or attempt to prevent competition in bidding or proposals by any means whatsoever. Contractor shall not prevent or endeavor to prevent anyone from making a bid or proposal by any means whatsoever, nor shall Contractor cause or induce another to withdraw a bid or proposal for the work. § 36-91-21.

If the contractor is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall also make the oath. If the contractor is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath. If such oath is false, the contract shall be void, and all sums paid by the governmental entity on the contract may be recovered by appropriate action.

5.10 Cancellation

If either party shall refuse, fail, or be unable to perform or observe any of the terms or conditions of the contract for any reason, then the party claiming such failure shall give the other party a written notice of such breach. If within thirty (30) days from such notice, the failure has not been corrected, the injured party may cancel the contract effective thirty

(30) days after notice of cancellation.

Lumpkin County reserves the right to terminate the contract immediately in the event that the contractor discontinues or abandons operations, is adjudged bankrupt or is reorganized under any bankruptcy law or fails to keep in force any required insurance policies or bonds.

Failure of the successful Proposer to comply with any section or part of the contract will be considered grounds for immediate termination of the contract by the County without penalty to Lumpkin County. Lumpkin County shall pay for services rendered up to the point of termination.

Notwithstanding anything to the contrary contained in the contract between the County and the successful contractor, the County may, without prejudice to any other rights it may have, terminate the contract for convenience and without cause, by giving thirty

(30) days written notice to the successful Proposer.

If the termination clause is used by the County, the successful contractor will be paid by the County for all scheduled work completed satisfactorily by the successful contractor up to the termination date set forth in the written termination notice.

5.11 Conditions of Materials

It is understood and agreed that materials delivered shall be new, of latest design, and in first quality condition.

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5.12 Rejection of Submissions/Cancellation of Request for Proposal

Lumpkin County reserves the right to reject any or all RFPs, to waive any irregularity or informality in an RFP, and to accept or reject any item or combination of items, when to do so would be to the advantage of Lumpkin County. It is also within the rights of Lumpkin County to reject RFPs that do not contain all elements and information requested in this document. Lumpkin County reserves the right to cancel this request for proposal at any time. Lumpkin County will not be liable for any cost/losses incurred by the contractors throughout this process.

5.13 Non-discrimination

Lumpkin County does not discriminate on the basis of race, religion, color, sex, national origin, age, or disability.

5.14 Insurance

The contractor shall be responsible for his/her work and every part thereof and for all materials, tools, equipment, appliances, and properties of any and all description used in connection with this project. The contractor assumes all risks of direct and indirect damage or injury to the property of persons used or employed on or in connection with the work contracted for and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission, or operation under the contract, or in connection in any way whatsoever with the contracted work. The contractor shall, during the continuance of all work under the contract, provide the following:

1. Maintain statutory Worker’s Compensation and Employer’s Liability insurance in an amount not less than $1,000,000.00 to protect the contractor from any liability or damages for any injuries (including death and disability) to any of its employees, volunteers, or sub-contractors, including any and all liability or damage which may arise by virtue or any statute or law in force within the State of Georgia, or which may be herein after enacted.

2. The Proposer agrees to maintain Comprehensive General Liability Insurance in an amount of not less than $1,000,000.00 per occurrence to protect the contractor, it’s sub-contractors, and the interest of the County against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the contract or in connection with the contracted work. The General Liability Insurance shall also include the Broad Form Property Damage Liability endorsement, in addition to coverage for explosion, collapse, and underground hazards where required.

3. The contractor agrees to maintain Automobile Liability Insurance in an amount of not less than $500,000 per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

4. The contractor further agrees to protect, defend, indemnify, and hold harmless Lumpkin County, its commissioners, officers, agents, and employees from and against any and all liability incurred whatsoever as a result of the work performed pursuant to the terms of this proposal.

5. The contractor shall notify the County in writing sixty (60) days prior to change in insurance or cancellation date. The failure of the contractor to deliver a new certificate shall result in suspension of all payments until the new certificate is furnished.

Additionally, contract work may be suspended until the new certificate is furnished to the County.

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 15

6. Insurance coverage required in these specifications shall be in force throughout the contract term. Should the contractor fail to provide acceptable evidence of current insurance within five (5) days of written notice at any time during the contract term, the owner shall have the absolute right to terminate the contract without any further obligation to the contractor. Furthermore, the contractor shall be responsible for the cost of procuring the uncompleted portion of the contract at the time of termination.

7. Contractual and other liability insurance provided under the contract shall not contain a supervision, inspection, or engineering services exclusion that would preclude the County from supervising and/or inspecting the project as to the end result. The contractor shall assume all on the job responsibilities as to the control of persons under its direct employment and of the sub-contractors and any persons employed by the sub-contractors.

8. The contractor and all sub-contractors shall comply with the Occupational Safety and Health Act of 1970 and amendments as it may apply to this contract.

9. If the contractor does not meet the insurance requirements of the specifications, alternate insurance coverage satisfactory to the County may be considered. The contractor shall be responsible for the costs of any and all alternate insurance coverage so obtained.

5.15 Project Coordination

The contractor shall employ and assign only qualified and competent personnel to perform any service or task involved in this project. The contractor shall designate one such person as a Project Manager, and the Project Manager shall be deemed to be the contractor’s authorized representative, who shall be authorized to receive and accept any and all communication from the County.

The contractor hereby agrees to replace any personnel of sub-contractor, at no cost or penalty to the County, if the County reasonably determines that the performance or any sub-contractor or personnel is unsatisfactory.

5.16 Accuracy of Work

The contractor shall be responsible for the accuracy of work performed and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the County will not relieve the contractor of the responsibility for subsequent correction of errors, the clarification of any ambiguities, or the costs associated with any additional work caused by negligent acts, errors, or omissions by the contractor or latent defects in the products sold by the contractor.

At any time during the execution of this project or during any phase of work performed by others based on data secured by the contractor under this agreement, the contractor shall confer with the County for the purpose of interpreting the information supplied by the contractor and to correct any errors or omissions. The above consultations, clarifications, and/or corrections shall be made without added compensation to the contractor.

The contractor shall give immediate attention to these changes so there will be minimum delay to others, the contractor shall be responsible for errors and omissions and hold harmless the County and its agents as provided in the agreement.

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 16

5.17 News Release by Contractor

As a matter of policy, the County does not endorse the products or services of a contractor.

News releases concerning any resultant contract from this solicitation shall not be made by a contractor without the proper written approval of the County. All proposed news releases shall be routed to the Lumpkin County Purchasing Agent for review and approval.

5.18 Severability

It is understood and agreed by the parties hereto that if any part, term, or provision of this contract is held illegal or in conflict with any law of the State where made or having jurisdiction over any of the parties hereto, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part term or provisions held to be invalid.

The County and the contractor agree to resolve through negotiation or mediation prior to filing any cause of action. The venue for any litigation arising from this contract shall be Lumpkin County, Georgia.

The County reserves the right to cancel the contract and discontinue the services with a thirty (30) day written notice as a result of the failure of the contractor to provide acceptable work and services as delineated in the response to this document or if determined that services can be better provided by in-house or other sources.

5.19 Drug Free Workplace

By submission of a proposal, the contractor certifies that the provisions of Code Sections 50-24- 1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug Free Workplace Act,” have been complied with in full. The Proposer further certifies that:

5.19.1 A drug free workplace will be provided for the contractor’s employees during performance of the contract; and

5.19.2 Each contractor who hires a sub-contractor to work in a drug free work place shall secure from that sub-contractor the following written certification: as part of the sub-contracting agreement, Sub-Contractor certifies to the contractor that a drug free workplace will be provided for the subcontractor’s employees during the performance of this contract pursuant to paragraph (7) of sub-section (b) of Code Section 50-24-3.

5.19.3 The contractor further certifies that he will not engage in the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract.

5.20 Assignment of Contractual Rights

It is agreed that the contractor will not assign, transfer, convey, or otherwise dispose of a contract that may result from this proposal or his right, title, or interest in or to the same, or any part thereof without written consent of the County.

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 17

5.21 Indemnity

To the fullest extent permitted by law, the contractor will indemnify, defend, and hold Lumpkin County harmless from and against any and all claims, damages, losses, and expenses, including but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from negligent acts, negligent omissions, willful misconduct, or reckless misconduct of the Proposer or anyone for whom the contractor is responsible.

5.22 Appropriation of Funds

The initial contract and any continuation contract(s) shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise unencumbered funds available to satisfy the County’s obligation under said contract(s).

5.23 Documents Deemed Part of Contract

All contract documents issued by the owner and executed by both parties through the completion of the project shall be deemed part of the contract. No documentation or information provided by the contractor, as part of this proposal or otherwise, shall be deemed part of the contract unless and until incorporated into the contract documents issued by the owner.

5.24 Georgia Security and Immigration Compliance Act

Proposers submitting a response to this Request for Proposal must provide the following information in the package to indicate compliance with the Georgia Security and Immigration Compliance Act. The form is provided for completion.

5.25 Gratuities

Lumpkin County acknowledges that, particularly during the holiday season, it may be customary to provide gifts to employees or departments. However, the Lumpkin County Personnel Policy prevents the acceptance of such gifts. Your cooperation in respecting the policy is appreciated.

5.26 Contraband

Employees of the successful Proposer shall not enter County Buildings with goods or products that shall be considered contraband, i.e. drugs, drug paraphernalia, tobacco products smokeless or otherwise, etc.

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 18

PROPOSER’S TECHNICAL CHECKLIST PROPOSAL SUBMITTAL PACKET

(For use with Volume I- Qualifications Proposal)

Company: _________________________________________________________________

Please indicate you have completed the following documentation and submit them in the following order:

**Do not include pricing information in this volume

Which Scopes will you be proposing?

□ Scope of Work #1- Total Recreation Center Management & Operations

□ Scope of work #2- Aquatic Facility Management & Operations

Proposal Checklist

□ Proposers Qualification Sheet

□ Tab 1- General Consultant Qualifications

□ Tab 2- Project Management Plan & Key Personnel

□ Tab 3- Related Project Experience

□ Tab 4- Client References for Similar Projects

Authorized Signature Title

Print Name Date

THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 19

PROPOSER’S QUALIFICATION SHEET

All references must include information for whom your company has completed work similar to the Scope of Work in this Proposal. Attach additional page if necessary.

Company Name:

Company

Street Address

City, State & Zip

Contact Person Name Title

Phone FAX Email

Describe Scope of Work and dates of project/service:

City, State & Zip

Contact Person Name Title

City, State & Zip

Contact Person Name Title

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 20

PROPOSER’S FINANCIAL CHECKLIST AND PROPOSAL SUBMITTAL PACKET

(For Use with Volume II- Cost Proposal)

Company Name:

Please indicate you have completed the following documentation and submit them in the following order:

□ Proposer’s Information

□ Execution of Proposal

□ Proposal Fee Form and Proposal Schedule

□ Affidavit of Non-Collusion

□ Drug-Free Workplace

☐ Addenda Acknowledgement

☐ Georgia’s Security and Immigration Compliance Act Affidavit

☐ Completed W9

☐ Proof of Insurance

☐ E-verify

Authorized Signature Title

Print Name Date

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 21

PROPOSER’S INFORMATION FORM

1. Legal Business Name

2. Street Address

3. City, State & Zip

4. Type of Business: State of Registration:

(Association, Corporation, Partnership, Limited Liability Company, etc.)

5. Name & Title of Authorized Signer:

6. Primary Contact:

7. Phone: Fax:

8. E-mail

9. Company Website

10. Has your company ever been debarred from doing business with any federal, state or local agency?

Yes No

If yes, please state the agency name, dates and reason for debarment.

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 22

PROPOSER’S EXECUTION OF PROPOSAL FORM

DATE:

The potential Contractor certifies the following by placing an "X" in all blank spaces:

That this bid was signed by an authorized representative of the firm.

That the potential Contractor has determined the cost and availability of all materials and supplies associated with performing the services outlined herein.

That all labor costs associated with this project have been determined, including all direct and indirect costs.

That the potential Contractor agrees to the conditions as set forth in this Request for Proposal with no exceptions.

Therefore, in compliance with the foregoing proposal, and subject to all terms and conditions thereof, the undersigned offers and agrees, if this proposal is accepted within sixty (60) days from the date of the opening, to furnish the services for the prices quoted within the timeframe required.

Business Name

Authorized Signature Date

Typed Name & Title

THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 23

PROPOSAL FEE FORM_______________________________

I have read and understand the requirements of this RFP # 2023-011 PINETREE RECREATION CENTER OPERATIONS & MANAGEMENT and agree to provide required services in accordance with this proposal and all other attachments, exhibits, etc. I understand that the County will not be responsible for the reimbursement of any costs not specifically set forth in this proposal.

**PLEASE MAKE SURE TO INCLUDE YOUR OWN PROPOSAL FEE SCHEDULE**

Full fee schedule will be used for scoring purposes.

I hereby certify that this Financial Proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Proposal for the same services and is in all respects fair and without collusion or fraud. I certify that I am authorized to sign this Financial Proposal.

Company Name_________________________________________

Authorized Signature_____________________________________

Print Name _____________________________________________ Date______________

RFP 2023-011 PINETREE RECREATION CENTER MANAGEMENT & OPERATIONS 24

PROPOSER’S AFFIDAVIT OF NON-COLLUSION

I, , certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid/proposal for the same services and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and Federal law and can result in fines, prison sentences, and civil damages awards.

I certify that I did not prevent or attempt to prevent competition in bidding or proposals by any means whatsoever.