100 JAMES ROAD

JEKYLL ISLAND, GA 31527

(912) 635-4000

Request for Proposal # 367 for

Vendor Services for Provision of Historic Carriage Tours and Beach Trail Rides

Date Issued: September 22, 2021

Submission Deadline:

Friday, November 5, 2021 at 2:00p.m. Eastern Time

RFP # 367 2

SECTION 1

GENERAL INFORMATION

This is an invitation to submit a proposal to establish a contract with an interested qualified professional to provide Jekyll Island Authority with the services as indicated herein. The Authority certifies that the use of competitive sealed bidding will not be practicable or advantageous to the Authority or the State of Georgia in completing the acquisition described in this Request for Proposal (“RFP”). This RFP process will be conducted to gather and evaluate responses from a company or person desiring to do business with the Jekyll Island Authority (“Proposer”) for a potential award. After evaluating all the Proposals received prior to the Close Date of this RFP and following negotiations and resolution of contract terms (if any), the preliminary result will be submitted to the Board of Directors for consideration and approval. Subject to and following Board approval, a contract will be executed.

Jekyll Island. Jekyll Island is a unique, state-owned barrier island that balances conserving and preserving natural, historic, and cultural resources with providing accessible, affordable recreation, vacation, and educational opportunities for the people of Georgia and beyond.

Surrounded by picturesque marshes and breathtaking oceanfront, Jekyll Island is a peaceful costal habitat. The barrier island contains one of the few remaining intact maritime forests on the Eastern seaboard. Originally inhabited by Native Americans, Jekyll was explored by the French and Spanish, and first settled by the English. From early settlers to America’s social elite to today’s young explorers, this special barrier island has captured imaginations for generations.

Jekyll Island Authority. Recognizing that our island’s natural beauty and vibrant history set us apart from any other coastal destination, the Governor and the Georgia State Legislature established the island as a State Park in 1950 and entrusted its care to the Jekyll Island Authority.

Since its inception, the Authority has set up parameters to protect the island ecosystem, while ensuring it remains an inviting place for residents and guests. Today, the Authority is a self-supporting state entity responsible for the management and stewardship of Jekyll Island.

Our Mission

As stewards of Jekyll Island’s past, present, and future, we are dedicated to maintaining the delicate balance between nature and humankind.

Our Vision

Through progressive stewardship and excellent customer service, Jekyll Island will be recognized as a sustainable conservation community that is the choice destination among all who experience its unique environment, services, and amenities.

RESOURCES:

Jekyll Island Ordinances:

https://library.municode.com/ga/jekyll_island_authority/codes/code_of_ordinances Code of Georgia: http://www.lexisnexis.com/hottopics/gacode

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SECTION 2

DEFINITIONS

2.1 Contractor: Contractor means any person or business having a contract with Jekyll Island Authority.

2.2 Jekyll Island-State Park Authority (“JIA” or “Authority” or Jekyll Island Authority): a public authority created by the General Assembly of the State of Georgia and deemed an instrumentality of the State of Georgia and a public corporation.

2.3 Professional Services: Those services as outlined in this Request for Proposal and the Proposal that Proposer will perform during this Project.

2.4 Project: The Professional Services and work and collaboration between JIA and Contractor and their team, staff, consultants, and representatives to carry out the purpose of this Request for Proposal.

2.5 Project Manager: That staff member and day-to-day representative of the Jekyll Island Authority for this Project. The Project Manager is the point of contact for this Project.

2.6 Proposal: An offer or statement of a price and project description in response to a request for services to be rendered to the JIA.

2.7 Proposer: Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity that has submitted a proposal to the Jekyll Island Authority in such capacity before a contract has been entered into between such party and the JIA.

2.8 Request for Proposal (“RFP”): Those documents, including documents attached or incorporated by reference, utilized for soliciting proposals in accordance with the RFP procedures and instructions set forth herein. The Request for Proposal, Legal Advertisement, General Conditions and Instructions to Proposers, Specifications, Special Conditions, Scope of Work, Addendum, and/or any other pertinent documents form a part of the Proposal and by reference are made a part hereof.

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SECTION 3

SCHEDULE OF EVENTS

3.1 Schedule of Events. The schedule of events represents the JIA’s best estimate of the schedule that will be followed. However, delays to the process may occur which may necessitate adjustments to the proposed schedule. If a component of this schedule is delayed, the rest of the schedule may be shifted as appropriate. Any changes to the dates up to the closing date of the RFP will be publicly posted prior to the closing date of this RFP. After the close of the RFP, the JIA reserves the right to adjust the remainder of the proposed dates on an as-needed basis.

Description Date and Time Deadline for written questions 10/8/2021 at 2:00 p.m. ET Responses to Written Questions 10/15/2021 at 5:00 p.m. ET Proposals Due / Close Date Proposal Opening Date

11/5/2021 at 2:00 p.m. ET

Proposal Evaluation Completed (on or about)

One to Three Weeks after Close Date

Interviews Begin Four to Six Weeks after Close Date Negotiations (discretionary) Four to Six Weeks after Close Date Notice of Intent to Award (emailed) (on or about)

Four to Six Weeks after Close Date

Resolution of Contract Terms Prior to Consideration of Board Approval

Consideration of Board for Approval - estimated

12/14/2021

Estimated Lease Start Date January 6, 2022

3.2 Proposer Questions and Inquiries. Questions and requests for clarification may be submitted up to the date and time set forth above via email to Yank Moore at ymoore@jekyllisland.com . No questions will be accepted after this. Contact with other staff of the Authority or members of the Board regarding this RFP is strictly prohibited and will result in disqualification of the Proposer. A final summary of the questions received and the Authority’s responses will be posted on the Georgia Procurement Registry, the Authority website, and, if answers to submitted questions materially change the conditions and specifications of this RFP, sent periodically via email to those who have requested the RFP no later than the date and time set forth above. No questions other than written will be accepted. No response other than written will be binding upon the JIA. Proposers are cautioned that the JIA may or may not elect to entertain late questions or questions submitted by any other method than as directed by this section. In submitting your question, you must include your company name, your question, and cite the relevant section of the RFP.

mailto:ymoore@jekyllisland.com

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3.3 Negotiations. Following any submissions or presentations, the finalist(s) may be re-evaluated. Should it become necessary, JIA may negotiate, verbally or in writing, with the Proposer(s) whose proposal(s) is/are determined to be most advantageous to JIA. Such Proposer(s) may be asked to submit a revised written offer. However, JIA reserves the right to accept a proposal as submitted; accordingly, it is imperative that all Proposers present their best offers in their initial submission.

3.4 JIA’s Right to Request Additional Information. Prior to contract award, the JIA must be assured that the selected Proposer has all the resources to successfully perform under the contract. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the needs of the JIA, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. If, during the evaluation process, the JIA is unable to assure itself of the Proposer’s ability to perform, if awarded, the JIA has the option of requesting from the Proposer any information deemed necessary to determine the Proposer’s ability. If such information is required, the Proposer will be so notified and will be permitted a certain period to submit the information requested.

3.5 Notice of Intent to Award. The prospective successful Proposer, if any, will be notified by e-mail of the Authority’s Notice of Intent to Award the contract to the Proposer. The Notice of Intent to Award is not notice of an actual contract award;

instead, it is notice of the JIA’s expected contract award(s) pending resolution of the protest process and Board approval.

3.6 Resolution of contract terms may commence with the prospective successful Proposer. The draft contract format (as may be amended in JIA’s sole discretion) will be the only acceptable document for execution.

3.7 Upon mutual agreement of contract terms, the attached draft contract shall be constructed and forwarded to the prospective successful Proposer for execution.

3.8 Upon execution of the contract by the prospective successful Proposer, a recommendation will be made to the Authority’s Board of Directors for consideration.

A reminder: The Notice of Intent to Award and execution of the contract by the prospective successful Proposer does not guarantee an award of this contract, which is determined by a vote of the Board of Directors.

3.9 Upon the Board’s approval and subsequent expiration of protest period, the contract will be executed.

3.10 The Proposer will be required to submit its certificate(s) of insurance and endorsement(s) prior to the issuance of a Notice to Proceed.

3.11 Notice to Proceed. Upon a duly executed contract and submission of all required documentation, a Notice to Proceed will be issued as scheduled. The successful proposer shall not commence work under this Invitation to Bid until a written contract

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is awarded and a Notice to Proceed is issued by the Project Manager. If the successful Proposer does commence any work or deliver items prior to receiving official notification, he does so at his own risk.

3.12 Upon execution of the contract, the unsuccessful Proposers will be notified.

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SECTION 4

RFP PROPOSAL FACTORS, SCORING, AND AWARD

All timely proposals will be evaluated in accordance with the following steps. The objective of the evaluation process is to identify the proposal which represents the best value to the Authority based on a combination of factors.

Proposer consents to the Authority to contact any person or organization to make inquiries into legal, character, practical, financial, and other qualifications of Proposer. Proposer agrees that any person working on this Project may be subject to a criminal and financial background check.

4.1 Procedure.

4.1.1 The Authority will evaluate the submitted proposals.

4.1.2 Based on this review, the proposals will first be evaluated as either “responsive” or “non-responsive.” If a Proposal fails to meet a mandatory requirement, the Authority will determine if the deviation is material. An immaterial deviation will be processed as if no deviation had occurred. A material deviation will be cause for rejection of the Proposal.

4.1.3 Responsive proposals will then be evaluated by an evaluation team for content and ranked in accordance of their merits.

4.1.4 The evaluation team may recommend interviews with up to five (5) finalists.

Those proposals not achieving finalist status will be eliminated from further consideration.

4.1.5 The evaluation team may interview selected Proposers to clarify specific matters presented in their proposals, and as part of this process may request the submittal of additional information clarifying the issues discussed.

4.1.6 The evaluation team will use the information gained during these discussions, along with information presented in the proposals, to rank the proposals.

4.2 Factors. The following factors will, at a minimum, be considered during the evaluation process:

a) The qualifications of the project team including a demonstrated solid track record working with a similar project or the Jekyll Island Authority;

b) The quality and completeness of the proposal package;

c) Demonstrated understanding of the uniqueness of Jekyll Island and the relationship of these tour offerings to the overall quality of Jekyll Island’s visitor experience;

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d) The quality of interview presentation and response to questions from interviewer;

e) Financial value of the project, in consideration of all payments-to or costs-incurred by the Authority;

f) The responsibleness of the Proposer. A Proposer must be considered responsible to be eligible for a contract award. "Responsible" means the Proposer, whether a company or an individual, has appropriate legal authority to do business in the state of Georgia, a satisfactory record of integrity, appropriate financial, organizational and operational capacity and controls, and acceptable performance on previous governmental and/or private contracts, if any. Examples of non-responsibility include, but are not limited to: a Proposer’s history of nonperformance or performance problems on other contracts (public or private); a record of financial difficulty, business instability, criminal sanctions, civil sanctions, or tax delinquency; or being debarred, suspended, proposed for disbarment, or declared ineligible or voluntarily excluded by any governmental entity (federal, state or local). A Proposer’s unreasonable failure to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility. Non-responsibility will be determined on a case-by-case basis taking into consideration the unique circumstances of the individual RFP.

g) The best fit for Jekyll Island, which may include factors not listed here, such as advantages or disadvantages introduced or discovered during the proposal process. The Authority has determined that it is best to define its own needs, desired operating objectives, and desired operating environment. The Authority will not tailor these needs to fit particular solutions Proposers may have available; rather, the Proposers shall propose to meet the Authority’s needs as defined in this RFP. All claims shall be subject to demonstration; and

h) Proposer’s commitment and capability to work expeditiously and collaboratively with the JIA to implement the project.

4.3 Award of Contract:

4.3.1 The contract, if awarded, will be awarded to that Proposer whose Proposal will be most advantageous to Jekyll Island Authority, price and other factors considered. The JIA reserves the right to select any Proposer it believes to be in its best interest and to negotiate proposed scope elements and fees, or to reject any and all proposals at its sole discretion. The primary intent of this RFP is to identify a single source to provide all of the needed goods and/or services, but the Authority reserves the right to make split awards.

4.3.2 Multiple Awards: Any contract resulting from this RFP is non-exclusive, except if specifically stated, and shall be awarded with the understanding and

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agreement that it is for the sole convenience of JIA. JIA is free to have multiple contracts for the awarded services and may initiate other solicitations with other professional service providers at any time at JIA’s sole discretion. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with JIA.

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SECTION 5

INSTRUCTION TO PROPOSERS

5.1 By submitting a response to this RFP, the Proposer is acknowledging that the proposer:

a) Has read the information and instructions and attachments; and

b) Agrees to comply with the information and instructions contained herein.

c) The JIA will not be liable for any costs incidental to the preparation of the RFP, presentations, or interviews relating to the selection process.

5.2 Each Proposal shall contain at least the following information. JIA reserves the right to reject any or all Proposals that are non-responsive.

5.2.1 Cover Letter. Please include in your cover letter a summary of your firm, key members of your team, who will be the principal contact/project manager from your firm, the name of the person authorized to enter into the contract on behalf of your team, and contact information for those individuals, including email addresses.

5.2.2 Background and Experience.

a) General Background and Experience. Describe the background, history, and core competencies of your company as they relate to this Project.

b) Relevant Projects. Describe in detail relevant projects which highlight similar experience as this Project. Include government owners if possible. If the Proposer has performed any work for the JIA within the last five years, at least one of the projects must be from the appropriate party within the JIA. Please include in your description information on:

1) Project name and location

2) Start date and completion date

3) If applicable, how many days were exceeded from estimated project completion deadline

4) Project scope

5) Annual gross income

6) Contact information for references who can speak knowledgably about your involvement in the project

7) Description of relationships with any existing vendors or independent contractors.

c) Resumes of key team members, including the firm principal, project manager, other key project personnel, and any subcontractors.

d) Previous contracts your company has performed for the JIA by Project

Title, date, and awarded/final cost.

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e) If applicable, explanation of any failure to complete a project, or explanation of any project that has been the subject of a claim or lawsuit by or against the Proposer. If so, please describe the nature of the claim/lawsuit, the court in which the case was filed, and the details of the resolution.

5.2.3 Detailed Proposal, which shall include:

a) Statement of Project Understanding. Briefly describe the concept and scope of your Proposal and explain why your Proposal is the best approach.

b) Schedule of Events: A detailed schedule that outlines the proposed project timeline from contract execution through project completion.

Also include a statement of the ability of the firm to meet the proposed schedule.

c) Proposal should include

1) Statement of Proposer’s standard operating procedures, including, but not limited to:

i. the care of its animals

ii. the safety of its clients, employees, and bystanders

iii. waste removal (carriage and trail)

iv. employee training and policies

v. description of proposed relationships with any ancillary or supporting businesses (marketing, photography, etc.)

2) Proposed Site Plan for Clam Creek Leased Area including

i. layout of any fences, gates, or other structural elements that establish boundaries around and within the space

ii. location of any other structures or buildings

iii. any proposed landscaping elements or signage

iv. guest staging and loading/unloading zones

3) Proposed Operational Plan for Beach Trail Rides

i. map of proposed trail route

ii. leased site preparation and maintenance plan, including any grading, materials added to the site, plantings or anticipated vegetation pruning or removal

iii. approach for minimizing impacts on non-leased areas along tour route, including manure cleanup, trail wear, and the experience of other island visitors

iv. Manure disposal plan

v. Operational contingencies for those high tide conditions that leave no accessible beach seaward of the dunes

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vi. Details of proposed tour offerings including number of tours offered per day (not to exceed 2 tours on the beach at any given time), times of day, tour lengths (hours), maximum number of riders per tour (not to exceed 12 including staff), description of private tour experiences, etc.

vii. Total number of horses proposed to be on site, which includes corralled and horses on tour (not to exceed

15) and details of on-site care and management of animals when not on tour

4) Proposed Site Plan for Amphitheater Leased Area

i. Layout of any fences, gates, or other structural elements that establish boundaries around and within the space

ii. Number and types of carriages including style and capacity

iii. Map of proposed tour route(s)

iv. Leased site preparation and maintenance plan including any grading, materials added to the site, plantings, or anticipated vegetation pruning or removal

v. Approach for minimizing impacts from on non-leased areas along tour route(s), including manure cleanup, trail wear, and the experience of other island visitors

vi. Number of horses proposed to be corralled and on tour (not to exceed 2) and the details of on-site care and management of animals when not on tour

5) Comprehensive description of standards of care and well-being for horses including, but not limited to:

i. Standard schedules of veterinary and farrier care

ii. Veterinarian(s) (if established) providing or to-provide services

iii. Processes for evaluating and responding to physical limitations of horses that may occur during business operations due to fatigue or injury

5.2.4 Contract Exceptions pursuant to Section 7.8.2.

5.2.5 Attachment A.

5.2.6 Any other pertinent information the firm wishes to present.

5.3 Preparing the Response. Proposers are encouraged to review carefully all provisions and attachments of this document prior to submission, including the attached draft contract. Each Proposal constitutes an offer and may not be withdrawn

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except as provided herein. All Proposals shall be:

5.3.1 Prepared on the forms enclosed herewith, unless otherwise noted, and all documents must be submitted to be considered a complete and responsive Proposal. Please note that specific forms for submission are required.

5.3.2 Typewritten on standard 8-1/2”x 11” paper, except for schematics, exhibits, photographs, or other necessary information, or signatures, which shall be signed by the business owner or authorized representative. ALL SIGNATURE

SPACES MUST BE SIGNED

5.3.3 All erasures or corrections shall be initialed and dated by the official signing the Proposal. Any changes to the conditions and specifications must be in the form of a written addendum to be valid.

5.4 Packaging your Proposal.

5.4.1 Submit six hard copy(ies) and one (1) electronic copy in PDF format on a

USB drive of your complete proposal.

5.4.2 Your Proposal must be submitted in sealed opaque envelopes, plainly marked as follows:

RFP # 367

Name of Company

Point of Contact for Company and Phone Number

5.5 Submitting your Proposal.

5.5.1 Your proposal must be mailed or hand delivered as follows in sufficient time to ensure receipt by the JIA on or before the time and date specified.

Jekyll Island Authority ATTN: Maria Humphrey

100 James Road Jekyll Island, Georgia 31527.

5.5.2 The complete Proposal must be received on or before the due date and time.

PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED

WILL NOT BE OPENED OR CONSIDERED.

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SECTION 6

RIGHT TO PROTEST

6.1 By submitting a Proposal, or by submitting a Protest prior to submitting a Proposal, the Protestor agrees to be bound by the terms and conditions of this Section.

6.2 Subject of protest.

6.2.1 Any Proposer may file a Protest on the grounds of irregularities in the proposal procedures, but not based upon the evaluation of each proposal.

6.2.2 The presence of multiple nonmaterial issues in a solicitation or award does not constitute a material issue unless the Protestor can establish that those nonmaterial issues together would prejudice the outcome.

6.2.3 Governmental officials and state entities are presumed to act in good faith, and a Protester’s contention that procurement officials, including nut not limited to procurement personnel and evaluation team members, are motivated by bias or bad faith must be supported by convincing proof.

6.2.4 The manner and depth of the Authority’s analysis is a matter within the sound exercise of the Authority’s discretion. Protesters may not challenge the realism of a potential awardee’s price, such as arguing that a proposer’s price is so law that it reflects a lack of understanding of the Authority’s requirements or creates a risk of unsuccessful performance.

6.2.5 Patent ambiguities must be challenged prior to the Close Date. A proposer who chooses to compete under a patently ambiguous solicitation does so at its own peril and cannot later complain when the Authority proceeds in a manner with one of the possible interpretations.

6.2.6 The Authority may waive compliance with a material solicitation requirement in awarding a contract if the award will meet the Authority’s actual needs without prejudice to other proposers. Competitive prejudice from such a waiver exists only where the requirement was not similarly waived for the Protester or where the Protester would be able to alter its submission to its competitive advantage if given the opportunity to respond to the relaxed term.

In cases where the Protester argues that the Authority improperly waived a certain requirement, prejudice does not mean that, had the Authority failed to waive the requirement, the awardee would have been unsuccessful. Rather, the pertinent question is whether the Protester would have submitted a different offer that would have had a reasonable possibility of being selected for award or that it could have done something else to improve its chances for award had it known that the Authority would waive the requirement.

6.2.7 The Authority must rely upon its business judgment in exercising its

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determination that a Proposer is not responsible. Although the determination must be factually supported and made in good faith, the ultimate decision rests with the Authority, as the Authority must bear the effects of any difficulties experienced in obtaining the required performance. For these reasons, a determination of non-responsibility will generally not be questioned unless the Protestor can demonstrate bad faith on the part of the Authority or lack of any reasonable basis for that determination.

6.3 Types of Challenges.

6.3.1 Challenge to the Solicitation. Any interested individual or entity capable of responding to a competitive solicitation may file a protest with respect to the competitive solicitation process, including but not limited to a challenge to specifications or any events or facts arising during the solicitation process.

6.3.2 Challenge to the Authority’s Intended or Actual Contract Award. Any Proposer who has submitted a timely Proposal may file a protest with respect to the Authority’s intended or actual contract award, including, but not limited to, events or facts arising during the evaluation process.

6.4 Filing Deadlines.

6.4.1 A protest has been deemed filed when it is received by the Authority.

6.4.2 Untimely protests will not be considered absent evidence of malfeasance or administrative error by the Authority absent evidence of malfeasance or administrative error by the Authority that substantially impaired a Protestor’s ability to file a timely protest.

6.4.3 If timely access to records has not been provided as required pursuant to state law, the Protestor is required to file a protest within the filing period, indicating the failure of the Authority to provide timely access to records and reserving the right to file an amended protest upon production of such records.

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6.4.4 If a potential protestor fails to file a protest by the applicable deadline, the potential protestor is deemed to have voluntarily relinquished any ground the potential protestor may have for protesting through the protest process in subsequent litigation. To ensure the protest process is conducted efficiently and in a manner fair to all parties, the Protestor is required to identify all grounds for protest during the protest filing period. Any issues not raised in the protest filing period are deemed as voluntarily relinquished by the Protestor. After the protest filing period expires, any grounds for protest voluntarily relinquished may not be introduced at any time during the protest process or any subsequent litigation.

Protest Filing Deadlines Type of Protest Protest Filing Deadline

Challenge to Competitive Solicitation

Process

Earlier of:

10 calendar days after the Protestor knows or should have known of the occurrence of the action which is protested

OR

2 business days prior to the Close Date

Challenge to the Authority’s Intended or

Actual Contract Award

Earlier of:

10 calendar days after the Protestor knows or should have known of the occurrence of the action which is protested

OR

5 calendar days after award of solicitation by Board of Directors

6.5 Protest Remedies.

Protest Remedies

Type of Protest Available Relief includes, but is not limited to, the following:

Challenge to Competitive Solicitation

Process

• Modification of RFP

• Extension of the Close Date and time (as appropriate)

• Cancellation of the RFP

Challenge to the Authority’s Intended or

Actual Contract Award

• Revision of cancellation of the Notice of Intent to Award or Notice of Award

• Re-evaluation and re-award

• Cancellation of the RFP.

• Re-solicitation with appropriate changes to the new RFP.

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6.6 Form of Protest.

6.6.1 All protests shall be in writing and filed in duplicate.

6.6.2 All envelopes containing protests shall be labeled “PROTEST.”

6.6.3 A written protest shall include as a minimum the following:

a) The name and address of the Protestor;

b) The signature of the Protestor or its representative. The Protestor must be authorized to act on behalf of the Proposer;

c) Appropriate identification of the solicitation document;

d) A statement of reasons for the protest;

e) Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time; in which case the expected availability date shall be indicated. If a future expected availability date is given, the Protestor should supplement the Protest when the additional materials become available and should indicate on the materials submitted that they are “supplemental” and indicate whether the submission of the materials constitutes the final submission of materials for the Protest (unless requested to submit additional materials by the Executive Director or Authority). Provided, however, that the Executive Director or his or her designee shall not be prohibited from making a decision on a Protest prior to receipt of final Protest materials from the Protestor; and

f) The form of relief requested.

6.7 Delivery of Protest. All protests should be mailed or delivered by hand to the following address and marked as follows:

PROTEST - RFP # 367

Executive Director

Jekyll Island Authority 100 James Road

Jekyll Island, GA 31527

6.8 Stay of Award During Protest. When a protest challenging the competitive solicitation process has been timely filed, the Close Date will be extended until a final decision resolving the protest has been issued, unless the Executive Director makes a written determination that the award of the contract without delay is necessary under the circumstances to protect the interests of the Authority. When a protest challenging an intended contract award has been timely filed, the Authority will not proceed to actual contract award, unless the Executive Director makes a written determination that the award of the contract without delay is necessary under the circumstances to protect the interests of the Authority.

6.9 Information on Protests. The Authority shall, upon written request, make available to any interested party information submitted that bears on the substance of the Protest except where such information is permitted or required to be

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withheld by law or regulation.

6.10 Decision on Protest. The Executive Director shall review all information submitted with the Protest, including any additional information requested from the Protestor, and shall issue a written decision on the protest as expeditiously as possible after receiving all relevant requested information. The decision of the Executive Director is final except if a Protest is denied.

6.11 Appeal of Protest Denial

6.11.1 If a Protest is denied by the Executive Director, the Protestor may make an appeal to the Board of Directors within 5 calendar days after the denial by the Executive Director.

6.11.2 No appeal will be considered if the Protestor has not first filed a Protest with the Executive Director and received a decision.

6.11.3 An appeal shall contain all information included in the original protest together with the decision of the Executive Director and all other information relevant to the basis for the appeal.

6.11.4 All protests should be mailed or delivered by hand to the following address and marked as follows:

PROTEST APPEAL - RFP # 367

Board of Directors

Jekyll Island Authority 100 James Road

Jekyll Island, GA 31527

6.11.5 The appeal will be placed on the agenda for the next available board meeting. The next available board meeting will be the next board meeting for which the agenda has not yet been made public, unless the Executive Director determines otherwise. The Authority may submit a written response to the protest and appeal to the Board of Directors. No other response or reply will be allowed. The Board of Directors will be provided the documents prior to the meeting. The Protestor and the Authority will be given no more than 5 minutes each to make an oral argument before the Board of Directors.

6.11.6 The Board of Directors shall have 30 days after hearing an appeal to issue its decision. This period may be extended for good cause for a reasonable time not to exceed 30 days, barring extraordinary circumstances justifying a longer extension, including, but not limited to, events such as hurricanes.

6.11.7 The Board of Director’s decision shall be in writing and shall be sent to the Protestor.

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6.11.8 The decision of the Board of Directors shall be final, and no further appeal will be allowed.

6.12 Costs. In no event shall a Protestor be entitled to recover any costs incurred in connection with the protest of a solicitation, including Proposal or quote preparation costs, protest preparation costs, or attorney fees.

6.13 Exclusive Remedy. This Procedure shall be the exclusive method for asserting a claim against the Authority arising out of or relating to this RFP.

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SECTION 7

GENERAL TERMS AND CONDITIONS

7.1 Proposers to this RFP are required to respond at their own risk and expense. By responding to this RFP, Proposers acknowledge, understand, and accept the Authority’s rights under this RFP.

7.2 Jekyll Island Authority’s Rights Concerning Responses and Award. JIA reserves the right to reject any or all responses and to waive any irregularities or technicalities in responses received whenever such rejection or waiver is in the best interest of JIA. JIA reserves the right to reject all responses or any response that is not responsive, is over budget, of a proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a Proposal from a proposer whom investigation shows is not able to perform the contract. The JIA reserves the right to waive any irregularity or informality in a Proposer’s response, and to accept or reject any item or combination of items, when to do so would be to the advantage of the JIA. It is also within the right of the JIA to reject responses that do not contain all elements and information requested in this RFP.

A Proposer’s response will be rejected if the response contains any defect or irregularity and such defect or irregularity constitutes a material deviation from the RFP requirements, which such determination will be made by the JIA on a case-by-case basis.

7.3 Jekyll Island Authority’s Right to Amend and/or Cancel the RFP. The JIA reserves the right to amend this RFP prior to the end date and time. Amendments will be made in writing and publicly posted as one or more addenda. EACH

PROPOSER IS INDIVIDUALLY RESPONSIBLE FOR REVIEWING ADDENDA AND ANY

OTHER POSTED DOCUMENTS AND MAKING ANY NECESSARY OR APPROPRIATE

CHANGES AND/OR ADDITIONS TO THE PROPOSER’S RESPONSE. ALL PROPOSERS

ARE ENCOURAGED TO FREQUENTLY CHECK THE WEBSITE FOR ADDITIONAL

INFORMATION. The JIA reserves the right to cancel this RFP at any time.

7.4 Errors or Omissions in RFP. Any obvious error or omission in specifications shall not inure to the benefit of the Proposer but shall put the Proposer on notice to inquire of or identify the same to the JIA.

7.5 It is the responsibility of the Proposer to carefully examine and fully understand the contract, plans, technical specifications and other documents hereto attached and make a personal examination of the site of the proposed work and satisfy him or herself as to the actual conditions and requirements of the work. Failure to do so will be at the Proposer’s own risk.

7.6 Project Manager. The Project Manager shall act as the JIA’s representative during the execution of this Contract. He or she shall decide questions which may arise

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as to quality and acceptability of services and products furnished and work performed. He or she shall interpret the practical intent of the Contract in a fair and unbiased manner. The decisions of the Project Manager shall be final and conclusive and binding upon all parties to the Contract.

7.7 Signed Proposal Considered Offer: The signed Proposal shall be considered an offer on the part of the Proposer, which offer shall be deemed accepted upon approval by the Jekyll Island Authority’s Board of Directors. In case of a default on the part of the Proposer after such acceptance, Jekyll Island Authority may take such action as it deems appropriate, including legal action for damages or lack of required performance. The Proposer further agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the contract documents, but which are incidental to the scope, intent, and completion of the contract, shall be deemed to have been included in the Fees as proposed.

7.8 Contract Terms and Conditions.

7.8.1 Please review the JIA’s contract terms and conditions prior to submitting a response to this RFP in Attachment B. Proposers should plan on the contract terms and conditions contained in this RFP being included in any award as a result of this RFP. Therefore, all costs associated with complying with these requirements should be included in any pricing quoted by the Proposer. The contract terms and conditions may be supplemented or revised before contract execution and are provided to enable Proposers to better evaluate the costs associated with the RFP and the potential resulting contract.

7.8.2 By submitting a proposal, each Proposer acknowledges its acceptance of the RFP specifications and the contract terms and conditions without change except as otherwise expressly stated in the submitted Proposal. If a Proposer takes exception to a contract provision, the Proposer must state the reason for the exception and state the specific contract language it proposes to include in place of the provision.

All exceptions to the contract must be submitted as an attachment to the Proposer’s response. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements specified in the RFP.

7.8.3 In the event the Proposer is selected for a potential award, the Proposer will be required to enter into discussions with the JIA to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within the period of time identified in the Schedule of Events. Failure to resolve any contractual issues may lead to rejection of the Proposer. The JIA reserves the right to proceed to

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discussions with the next best ranked Proposer.

7.8.4 The JIA reserves the right to modify the contract to be consistent with the apparent successful Proposal and to negotiate other modifications with the apparent successful Proposer. Exceptions that materially change the terms or the requirements of the RFP may be deemed non-responsive by the JIA, in its sole discretion, and rejected. Contract exceptions which grant the Proposer an impermissible competitive advantage, as determined by the JIA, in its sole discretion, will be rejected. If there is any question whether a particular contract exception would be permissible, the Proposer is strongly encouraged to inquire via written question submitted to the Authority prior to the deadline for submitting written questions as defined by the Schedule of Events.

7.9 Reserved.

7.10 Reserved.

7.11 Payment of Taxes. Every contractor, vendor, business, or person under contract with Jekyll Island Authority is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to Jekyll Island Authority by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-4065 for additional information.

7.12 Equal Employment Opportunity. The Proposer certifies that it/he/she will follow equal employment opportunity practices in connection with the awarded contract or as more fully specified in the contract documents.

7.13 ADA Guidelines. The JIA adheres to the guidelines set forth in the Americans with

Disabilities Act. Proposers should contact the Jekyll Island Authority at least one day in advance if they require special arrangements. The Georgia Relay Center at 1-800-255-0056 (TDD Only) or 1-800-255-0135 (Voice) will relay messages, in strict confidence, for the speech and hearing impaired.

7.14 Reserved.

7.15 Liability Provisions: Where Proposers enter or go onto Jekyll Island Authority property to take measurements or gather other information in order to prepare the proposal, the Proposer shall be liable for any injury, damage or loss occasioned by negligence of the Proposer, his agent, or any person the Proposer has designated to prepare the Proposal and shall indemnify and hold harmless Jekyll Island Authority from any liability arising therefrom. The contract document specifies the liability provisions required of the successful Proposer in order to be

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awarded a contract with Jekyll Island Authority.

7.16 Cone of Silence. Lobbying of RFP Evaluation Committee members, Government employees, and elected officials regarding this product or service solicitation, Invitation to Bid (ITB), Request for Proposal (RFP), or contract by any member of a Proposer's staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation, is strictly prohibited. Such actions may cause your proposal to be rejected.

7.17 CONFIDENTIALITY AND GEORGIA OPEN RECORDS ACT.

7.17.1 The responses will become part of JIA's official files without any obligation on JIA's part. Ownership of all data, materials and documentation prepared for and submitted to Jekyll Island Authority in response to a solicitation, regardless of type, shall belong exclusively to Jekyll Island Authority and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18- 70,

et. Seq., unless otherwise provided by law.

7.17.2 Jekyll Island Authority shall not be held accountable if material from responses is obtained without the written consent of the Proposer by parties other than JIA at any time during the solicitation evaluation process.

7.17.3 In the event a Proposer submits information which constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, the Proposer must follow the procedure set forth in O.C.G.A. § 50-18-72(a)(34). If the proper documentation is not submitted, any documents labeled trade secret information or confidential will not be kept confidential under the Georgia Open Records Act.

7.18 Insurance Provisions: See Attachment B- Contract.

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SECTION 8

SCOPE OF WORK

RFP # 367

Vendor Services for Provision of Historic Carriage Tours and Beach Trail Rides

A. Project Overview The Jekyll Island Authority is seeking companies and/or interested parties to submit proposals for the lease and operation of a beach trail ride and carriage tour service on Jekyll Island. This project offers a unique opportunity to provide an interactive guest experience along portions of the famous Driftwood Beach and within Jekyll Island’s Landmark Historic District. The goal of the RFP is to select a company that shares the vision of the JIA and will operate in a professional and positive manner.

B. Project Scope

1. Carriage Tours centered around the Jekyll Island Historic District offering guests an accurate narrative and interactive experience into the rich history of Jekyll Island.

a. Facilities to manage the Carriage Tours include:

i. A 44 square foot portion of an office building, located on Riverview

Drive for ticket sales. This does not include the restroom portion of the office building, but tenants will be allowed a non-exclusive easement for the restroom needs of its customers.

ii. A building located at the Amphitheater at 250 Stable Road (“Actor’s Building”). The Actor’s Building is approximately 30x80 (2,500 square feet). This includes non-exclusive rights to the 10-foot-wide un-named drive to access the location.

iii. An area of land totaling approximately 1000 square feet outside of the repurposed building at 250 Stable Road to place a corral to contain horses when not on tour.

iv. There is currently a Request for Proposal (RFP #364) outstanding to rehabilitate and repurpose the Amphitheater. The facilities near the Amphitheater are on an as-available basis and may not be available in the future depending upon the revitalization of the Amphitheater. The JIA will work with the Contractor to find alternate facilities if available, but at this time, the JIA has not identified any alternate facilities.

2. Beach trail riding tours offering guests a leisure experience exposing them to the natural beauty of Jekyll Island.

a. The beach trail horseback riding will be led from the Clam Creek Leased Area facilities include:

i. A currently unimproved area of land totaling approximately 21,780 square feet, or half an acre, located near the north end of Clam Creek Road for the placement of a corral or fence panels to contain and care for horses when not on tour. This site, referred to, until

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such time as a street address is designated, as the Clam Creek Leased Area, is also intended to serve as a starting and ending point for beach trail rides and any associated guest services/activities. The site is shaded by large live oak trees some of which fall within the lease bounds. To protect the health and longevity of these trees, only approximately 50% of the site can be fenced for occupation by corralled or stalled horses. Any structures proposed will also be restricted to this area. The remaining area, which is not suitable for structures or routine horse traffic, may be proposed for utilization for other support functions, such as guest waiting areas or material storage sites.

ii. The design and buildout of the currently unimproved site for the trail ride operations and guest services is an essential component of this scope.

iii. Truck and trailer access to the un-named paved drive leading from the round-about at the fishing pier to Clam Creek Road and running immediately adjacent to the east of the Clam Creek Leased Area.

This drive is intended to be accessible only to authorized motor vehicles but will remain accessible to pedestrians and cyclists. If this road is proposed to be restricted to vehicular traffic, gate installation will be the responsibility of the vendor. Accordingly, proposals should include gate design details.

iv. Non-exclusive access to the restrooms for the needs of customers.

v. Non-exclusive access to parking areas along Clam Creek Road.

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ATTACHMENT - A

CERTIFICATION

I, the undersigned proposer, and on behalf of the proposing company I represent (collectively “I”), certify that

• I have carefully read this RFP and all other documents and data applicable hereto and made a part of this invitation and further certify that the Fee(s) shown in my Proposal are in accordance with all documents contained in this Invitation for Bids/Proposals package, and that any exception taken thereto may disqualify my Proposal;

• I have read this document in its entirety and agree to be bound by the provisions of the same.

• If this Proposal is accepted, I agree to enter into an agreement with the JIA in the form of the attached

Contract, as may be amended in JIA’s sole discretion, and to perform and furnish all goods and Professional Services as specified or indicated;

• I have had the opportunity to visit the site, if requested, and become familiar with and am satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the goods and Professional Services;

• I am familiar with and am satisfied as to all federal, state, county, JIA, and local laws, regulations, statutes, ordinances, and rules that may affect cost, progress, performance, and furnishing of the goods and Professional Services;

• I am aware of the general nature of the work to be performed by the JIA and others at the site that relates to Work for which this Proposal is submitted as…