RFP - Opportunity to Operate Children’s Educational Center

ST. TAMMANY PARISH MICHAEL B. COOPER PARISH PRESIDENT PROCUREMENT DEPARTMENT P.O. BOX 628 | COVINGTON, LOUISIANA | 70434 | PROCUREMENT@STPGOV.ORG 985-898-2520 WWW.STPGOV.ORG NOTICE OF REQUEST FOR PROPOSALS ST. TAMMANY PARISH St. Tammany Parish Government is seeking responses for the following project: RFP# 24-7-3 – Opportunity to Operate Children’s Educational Center This RFP is available online at: LaPAC – Louisiana Procurement and Contract Network:https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=1 85 It is the Proposer’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. The Parish is not responsible for a proposer’s failure to download any addenda documents required to complete an RFP. Responses will be received by the

Department of Procurement, until 2:00pm CST Wednesday, May 1, 2024. RFP responses will be opened publicly at the physical location as stated in Section 1.4 of the RFP documents and only respondents who have submitted an RFP response shall be identified aloud. Prices shall not be read. Each response will be evaluated by designated Parish personnel after the submission deadline and public opening has passed. Each Proposal must be sealed. The outside of the envelope, box or package should be marked with the Proposer’s Name and Address, the Proposal Name, the RFP #, and the Proposal Opening Date. The successful Respondent must supply St. Tammany Parish Government with all required documentation as specified in the RFP documents. Said Respondent must also be in Good Standing and licensed to do business in the State of Louisiana. https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 PROCUREMENT DEPARTMENT P.O. BOX 628 | COVINGTON, LOUISIANA | 70434 | PROCUREMENT@STPGOV.ORG 985-898-2520 WWW.STPGOV.ORG Proposals will be received at the St. Tammany Parish Government Department of Procurement Office, 21454 Koop Dr., Suite 2F, Mandeville LA., 70471 from each Respondent or his agent, or by certified mail with return receipt requested. Procurement Department Version 2024 Q1 REQUEST FOR PROPOSAL ST. TAMMANY PARISH GOVERNMENT Opportunity to Operate Children’s Educational Center RFP Number: 24-7-3 Proposal Opening Date: Wednesday, May 1, 2024 Proposal Opening Time: 2:00 PM March 20, 2024 Version 2024 Q1 TABLE OF CONTENTS PART I: OVERVIEW ...................................................................................................... 1 1.1 Background/Purpose ......................................................................................... 1 1.2 Definitions .......................................................................................................... 1 1.3 Schedule of Events ............................................................................................ 2 1.4 Proposal Submittal ............................................................................................. 2 1.5 Proposal Response Format ............................................................................... 3 PART II: SCOPE OF WORK/SERVICES ....................................................................... 5 2.1 Scope of Work/Services..................................................................................... 5 2.2 Period of Agreement .......................................................................................... 6 2.3 Price Schedule- ................................................................................................. 6 2.4 Deliverables ....................................................................................................... 6 2.5 Location ........................................................................................................... 7 PART III: EVALUATION ................................................................................................. 7 PART IV: PERFORMANCE STANDARDS .................................................................... 7 4.1 Performance Requirements ............................................................................... 7 4.2 Performance Measurement/Evaluation .............................................................. 7 PART V: GENERAL PROVISIONS ................................................................................ 8 5.1 Legibility/Clarity .................................................................................................. 8 5.2 Confidential Information, Trade Secrets, and Proprietary Information ............... 8 5.3 Proposal Clarifications Prior to Submittal ........................................................... 9 5.3.1 Pre-proposal Conference............................................................................. 9 5.3.2 Proposer Inquiry Periods ............................................................................. 9 5.3.3 Blackout Period ......................................................................................... 10 5.4 Errors and Omissions in Proposal ................................................................... 11 5.5 Performance Bond ........................................................................................... 11 5.6 Changes, Addenda, Withdrawals ..................................................................... 11 5.7 Withdrawal of Proposal .................................................................................... 11 5.8 Material in the RFP .......................................................................................... 11 5.9 Waiver of Administrative Informalities .............................................................. 11 5.10 Proposal Rejection ........................................................................................... 11 5.11 Ownership of Proposal .................................................................................... 12 5.12 Cost of Offer Preparation ................................................................................. 12 5.13 Non-negotiable Contract Terms ....................................................................... 12 5.14 Taxes ............................................................................................................... 12 5.15 Proposal Validity .............................................................................................. 12 5.16 Prime Contractor Responsibilities .................................................................... 12 5.17 Use of Subcontractors ..................................................................................... 13 5.18 Written or Oral Discussions/Presentations....................................................... 13 5.19 Acceptance of Proposal Content ..................................................................... 13 5.20 Evaluation and Selection ................................................................................. 13 5.21 Contract Negotiations ...................................................................................... 14 5.22 Contract Award and Execution ........................................................................ 14 5.23 Acknowledgment and Waiver of Protest Rights ............................................... 14 Version 2024 Q1 5.24 Notice of Intent to Award.................................................................................. 14 5.25 Insurance Requirements .................................................................................. 15 5.26 Subcontractor Insurance .................................................................................. 15 5.27 Indemnification and Limitation of Liability ........................................................ 15 5.28 Fidelity Bond Requirements ............................................................................. 16 5.29 Payment........................................................................................................... 16 5.29.1 Payment for Services ............................................................................. 16 5.30 Termination ...................................................................................................... 16 5.30.1 Termination of the Contract for Cause ................................................... 16 5.30.2 Termination of the Contract for Convenience ......................................... 17 5.30.3 Termination for Non-Appropriation of Funds .......................................... 17 5.30.4 Default of Contractor .............................................................................. 17 5.31 Assignment ...................................................................................................... 17 5.32 No Guarantee of Quantities ............................................................................. 18 5.33 Audit of Records .............................................................................................. 18 5.34 Civil Rights Compliance ................................................................................... 18 5.35 Record Retention ............................................................................................. 18 5.36 Record Ownership ........................................................................................... 18 5.37 Content of Contract/ Order of Precedence ...................................................... 19 5.38 Contract Changes ............................................................................................ 19 5.39 Substitution of Personnel ................................................................................. 19 5.40 Governing Law ................................................................................................. 19 5.41 Anti-Kickback Clause ....................................................................................... 19 5.42 Clean Air Act .................................................................................................... 19 5.43 Energy Policy and Conservation Act ................................................................ 20 5.44 Clean Water Act ............................................................................................... 20 5.45 Anti-Lobbying and Debarment Act ................................................................... 20 Attachment “A” – Site Drawing Attachment “B” – Sample Scoring Matrix Attachment “C” – Sample Corporate Resolution 1 REQUEST FOR PROPOSAL FOR Opportunity to Operate Children’s Educational Center PART I: OVERVIEW 1.1 Background/Purpose St. Tammany Parish Government is seeking proposals for the operation of a building located at 21404 Koop Drive, Mandeville, LA 70471. The property and grounds are within the Tammany Trace Kids Town. The purpose of this Request for Proposal (“RFP”) is to provide an opportunity for qualified parties that operate exclusively as Non-Profit 501(c)(3) organizations to prepare and submit a proposal to operate and maintain the building. The goal of the Parish is to ensure that proper operation and maintenance of the building and grounds is used as a children’s museum or as a place to continue to provide educational and other recreational and/or learning activities for children of St. Tammany Parish. 1.2 Definitions A. Shall – The term “shall” denotes mandatory requirements. B. Must - The term “must” denotes mandatory requirements. C. May - The term “may” denotes an advisory or permissible action. D. Should – The term “should” denotes a desirable action. E. Contractor – A Proposer who contracts with the Parish. F. Parish - St. Tammany Parish Government. G. Discussions- For the purposes of this RFP, a formal, structured means of conducting written or oral communications/presentations with responsible Proposers who submit proposals in response to this RFP. H. RFP – Request for Proposal. I. Proposer – Person or entity responding to this RFP. J. Agreement – A contract between the Contractor and the Parish. K. Evaluation Committee – Committee established for the purposes of evaluating proposals submitted in response to this RFP. 2 1.3 Schedule of Events Date Time (CT) 1. RFP Available March 27, 2024 8:00 AM 2. Pre-Proposal Conference (if required):* Not Applicable to this RFP 3. Deadline to receive written inquiries 2:00 PM 4. Deadline to answer written inquiries 2:00 PM 5. Proposal Opening Date April 22, 2024 April 26, 2024 May 1, 2024 2:00 PM (deadline for submitting proposals) 6. Oral discussions with proposers, if applicable TBD 7. Notice of Intent to Award to be mailed TBD 8. Contract Initiation TBD NOTE: The Parish reserves the right to revise this schedule. Any such revision will be formalized by the issuance of an addendum to the RFP. 1.4 Proposal Submittal This RFP is available online at: LaPAC – Louisiana Procurement and Contract Network:https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=1 85 NOTE: LaPAC is the State’s online electronic solicitation notification system on the Office of State Procurement website. LaPAC provides an immediate e-mail notification to subscribing vendors of a STPGOV solicitation and any addenda posted. To receive the e-mail notification, vendors must register in the LaGov portal. Registration is intuitive at the following link: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg It is the Proposer’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. The Parish is not responsible for a proposer’s failure to download any addenda documents required to complete an RFP. All proposals shall be received by the Procurement Department no later than the date and time shown in the Schedule of Events. https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg 3 Important - - Clearly mark outside of the sealed envelope, box or package with the following information and format:  Name and Address of Proposer  Proposal Name: Opportunity to Operate Childern’s Educational Center  RFP #: 24-7-3  Proposal Opening Date: Wednesday, May 1, 2024 Proposals may only be sent via certified mail, hand-delivery, or courier service to our physical location at: St. Tammany Parish Government Procurement Department 21454 Koop Drive, Suite 2F Mandeville, Louisiana 70471 Proposer is solely responsible for ensuring that its courier service provider makes inside deliveries to our physical location. The Parish is not responsible for any delays caused by the proposer’s chosen means of proposal delivery. Proposer is solely responsible for the timely delivery of its proposal. Failure to meet the proposal opening date and time shall result in rejection of the proposal. PROPOSALS SHALL BE OPENED PUBLICLY AT THE PHYSICAL LOCATION IDENTIFIED ABOVE AND ONLY PROPOSERS SUBMITTING PROPOSALS SHALL BE IDENTIFIED ALOUD. PRICES SHALL NOT BE READ. If the Proposer has not done business with the Parish, the Proposer should submit a W-9 with their response. 1.5 Proposal Response Format Proposals submitted for consideration should follow the format and order of presentation described below: A. Cover Letter: The cover letter should exhibit the Proposer’s understanding and approach to the project. It should contain a summary of Proposer’s ability to perform the services described in the RFP and confirm that Proposer is willing to perform those services and enter into a contract with the Parish. ATTENTION: Please indicate in the Cover Letter which of the following applies to the signer of this proposal. Evidence of signature authority shall be provided upon the Parish’s request. 1. The signer of the proposal is either a corporate officer who is listed on the most current annual report on file with the secretary of state or a member of a partnership or partnership in commendam as reflected in the most current partnership records on file with the secretary of state. A copy of 4 the annual report or partnership record must be submitted to the Parish before contract award. 2. The signer of the proposal is a representative of the Proposer authorized to submit this proposal as evidenced by documents such as, corporate resolution, certification as to corporate principal, etc. If this applies, a copy of the resolution, certification or other supportive documents must be submitted to the Parish before contract award. The cover letter should also: 1. Identify the submitting Proposer and provide its federal tax identification number; 2. Identify the name, title, address, telephone number, fax number, and email address of each person authorized by the Proposer to contractually obligate the Proposer; and 3. Identify the name, address, telephone number, fax number, and email address of the contact person for technical and contractual clarifications throughout the evaluation period. B. Table of Contents: Organized in the order cited in the format contained herein. C. Proposer Qualifications and Experience: History and background of related organizational overview, mission, core values, educational objectives, history and facility during the past three years. Examples of successful work completed on similar programs/activities. Provide history of community connection. D. Proposed Solution/Technical Response: Illustrating and describing proposed technical solution and compliance with the RFP. E. Innovative Concepts: Presentation of innovative concepts, if any, for consideration. F. Project Schedule: Detailed schedule of implementation plan. This schedule is to include implementation actions, timelines, responsible parties, etc. G. Financial Proposal: Demonstrate the ability to have the financial capacity to insure the operations of property for providing children programs/activities. H. References: Proposer should provide names, addresses, telephone numbers, and contact persons for five (5) past and present comparable program services have been carried out including a description of the programs provided. I. Customer Service: Each Proposer should submit a provision for quality customer service, including personnel assigned, etc. J. Resumes: Each Proposer should submit resumes for designated representative(s) and any other key personnel to be assigned to the operations. 5 K. Additional Information: Each Proposer should submit any other information deemed pertinent by the Proposer including terms and conditions which the Proposer wishes the Parish to consider. L. Acknowledgment and Waiver- Omitted M. Multiple Copies of Response: Each Proposer shall submit one (1) signed original response. Four (4) additional copies of the proposal should be provided and one (1) electronic copy via USB. PART II: SCOPE OF WORK/SERVICES 2.1 Scope of Work/Services The location of the building is identified in Attachment “A” the site drawing as Building “C”, the property is in close proximity to the Kids Konnection playground and near the Tammany Trace Trailhead at Koop Drive in Mandeville, LA. The property available is a 2,857-single square-foot building, that is currently operated as a children’s museum. Proposal Requirements: All interested proposers shall include a full description of the nature of the programs/activities to be performed, experience, and qualifications. 1. Operational Plan- - The Proposed operating plan for the property and grounds. - A marketing plan with innovative approaches to the operation and maintenance of the property and grounds. - Proposed use(s) of structure. - Proposed programs and activities. - The financial capacity of the proposer to carry out the operations plan and pay the proposed rent. 2. Qualifications and Experience- - The qualifications and experience of the proposed as they relate to the proposed use. - The proposer’s experience in operating and maintaining a museum or providing educational and other recreational and/or learning activities for children. - A current example of a program(s) or facility operated by the proposer. - A minimum of three professional references. 6 General Terms and Conditions Term The Proposed term is 5-year period. Estimated Intital start date is July 1, 2024. Rent Fees charged for entrance shall not exceed the monies needed for the necessary operation, maintenance, and repair of the building. Utilities and Services The selected proposer will be responsible for all expenses for utilities and services provided to the property, including, but not limited to water, electricity, internet, HVAC maintenance/service, janitorial service, alarm system, and trash removal from the property. Repairs and Maintenance The selected proposer will be responsible for providing and paying for all general upkeep and repairs, maintenance responsibilities, and restorations of the property. Subleasing The selected proposer shall not sublease the property without prior approval from the Parish. The Parish will provide general up-keep and maintenance of the outside of the immediate grounds and surrounding property, parking lot. 2.2 Period of Agreement This is for a 5-year period. The term of any contract resulting from this solicitation shall begin on the date of the Parish President’s signature or approval in writing by the Parish President or designee. The contract shall terminate pursuant to the terms and conditions of section 5.31 herein, the terms and conditions of the contract, operation of law, as agreed between the parties, or upon satisfactory completion of all services and obligations described in the contract. 2.3 Price Schedule- “[Omitted as not applicable to this RFP.]”. 2.4 Deliverables “[Omitted as not applicable to this RFP.]”. 7 2.5 Location 21404 Koop Drive, Mandeville, LA 70471, Building C, please reference drawing. PART III: EVALUATION The Proposer must clearly designate that they meet each category of the scoring criteria stated below. The Proposer must briefly describe how their company satisfies the requirement and where in their response supports that requirement. Failure to comply with this requirement may negatively affect the overall score. Please refer to Attachment-B. The evaluation committee shall assign points to its evaluation of each Proposal as follows: Evaluation Criteria Possible Points Compliance with the RFP 15 Understanding of the Project 15 Approach to the Project 25 Operational Plan 25 Qualifications of the Proposer, including, but not limited to, its experience and personnel assigned to the Project 20 Total 100 The proposal will be evaluated in light of the material and the substantiating evidence presented to the Parish, not on the basis of what may be inferred. The scores will be combined to determine the overall score. The Proposer with the highest overall score will be recommended for award. PART IV: PERFORMANCE STANDARDS 4.1 Performance Requirements “[Omitted as not applicable to this RFP.]”. 4.2 Performance Measurement/Evaluation “[Omitted as not applicable to this RFP.]”. 8 PART V: GENERAL PROVISIONS 5.1 Legibility/Clarity Responses to the requirements of this RFP in the formats requested are desirable with all questions answered in as much detail as practicable. The Proposer’s response is to demonstrate an understanding of the requirements. Proposals shall be prepared providing a straightforward, concise description of the Proposer’s ability to meet the requirements of the RFP. Each Proposer is solely responsible for the accuracy and completeness of its proposal. 5.2 Confidential Information, Trade Secrets, and Proprietary Information The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of the proposal. The cost proposal will not be considered confidential under any circumstance. Any proposal copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse. For the purposes of this procurement, the provisions of the Louisiana Public Records Act (LSA- R.S. 44.1, et. seq.) will be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Proposers are reminded that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, protections must be claimed by the Proposer at the time of submission of its Technical Proposal. Proposers should refer to the Louisiana Public Records Act for further clarification. The Proposer must clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The Proposer shall mark the cover sheet of the proposal with the following legend, specifying the specific section(s) of his proposal sought to be restricted in accordance with the conditions of the legend: “The data contained in pages _____of the proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this proposal, the Parish of St. Tammany shall have the right to use or disclose the data therein to the extent provided in the contract. This restriction does not limit the Parish of St. Tammany’s right to use or disclose data obtained from any source, including the Proposer, without restrictions.” Further, to protect such data, each page containing such data shall be specifically identified and marked “CONFIDENTIAL”. Proposers must be prepared to defend the reasons why the material should be held confidential. If a competing proposer or other person seeks review or copies of another proposer's confidential data, the Parish will notify the owner of the asserted data of the request. If the owner of the asserted data does not want the information disclosed, it must agree to indemnify the Parish and hold the Parish harmless against all actions or court proceedings that may ensue (including attorney's fees), which seek to order the Parish to disclose the information. If the owner of the 9 asserted data refuses to indemnify and hold the state harmless, the Parish may disclose the information. The Parish reserves the right to make any proposal, including proprietary information contained therein, available to Parish personnel, the Parish Council, or other Parish and state agencies or organizations for the sole purpose of assisting the Parish in its evaluation of the proposal. The Parish shall require said individuals to protect the confidentiality of any specifically identified proprietary information or privileged business information obtained as a result of their participation in these evaluations. If your proposal contains confidential information, you should also submit a redacted copy along with your proposal. If you do not submit the redacted copy, you will be required to submit this copy within 48 hours of notification from the Procurement Department. When submitting your redacted copy, you should clearly mark the cover as such - “REDACTED COPY” - to avoid having this copy reviewed by an evaluation committee member. The redacted copy should also state which sections or information have been removed. 5.3 Proposal Clarifications Prior to Submittal 5.3.1 Pre-proposal Conference “[Omitted as not applicable to this RFP.]”. 5.3.2 Proposer Inquiry Periods The Parish shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in the procurement cycle and Parish operations. The Parish reasonably expects and requires responsible and interested proposers to conduct their in-depth proposal review and submit inquiries in a timely manner. An inquiry period is hereby firmly set for all interested Proposers to perform a detailed review of the proposal documents and to submit any written inquiries relative thereto. Without exception, all inquiries MUST be submitted in writing by an authorized representative of the Proposer, clearly cross-referenced to the relevant solicitation section (even if an answer has already been given to an oral question during a Pre-proposal Conference). All inquiries must be received by the close of business on the Inquiry Deadline date set forth in Section 1.3 Schedule of Events of this RFP. Only those inquiries received by the established deadline shall be considered by the Parish. Inquiries received after the established deadline shall not be entertained. Inquiries concerning this solicitation may be delivered by e-mail or hand-delivery to: St. Tammany Parish Government Procurement Department Attn: Director of Procurement 21454 Koop Drive, Suite 2F Mandeville, Louisiana 70471 E-Mail: procurement@stpgov.org mailto:procurement@stpgov.org 10 An addendum will be issued and posted on LaPAC (Louisiana Procurement and Contract Network)https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=1 85 to address all inquiries received and any other changes or clarifications to the solicitation. Thereafter, all proposal documents, including but not limited to the specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum. No negotiations, decisions, or actions shall be executed by any Proposer as a result of any oral discussions with any Parish employee or Parish consultant. It is the Proposer’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. The Parish is not responsible for a Proposer’s failure to download any addenda documents required to complete an RFP. 5.3.3 Blackout Period The Blackout Period is a specified period of time during a competitive sealed procurement process in which any Proposer, Bidder, or its Agent or Representative is prohibited from communicating with any Parish employee or Contractor of the Parish involved in any step in the procurement process about the affected procurement. The Blackout Period applies not only to Parish employees, but also to any Contractor of the Parish. “Involvement” in the procurement process includes but may not be limited to project management, design, development, implementation, procurement management, development of specifications, and evaluation of proposals for a particular procurement. All solicitations for competitive sealed procurements will identify a designated contact person, as per Section 5.3.2 of this RFP. All communications to and from potential Proposers, Bidders, vendors and/or its representatives during the Blackout Period must be in accordance with this solicitation’s defined method of communication with the designated contact person. The Blackout Period will begin upon posting of the solicitation. The Blackout Period will end when the Contract is awarded. In those instances, in which a prospective Proposer is also an incumbent Contractor, the Parish and the incumbent Contractor may contact each other with respect to the existing contract only. Under no circumstances may the Parish and the incumbent Contractor and/or its representative(s) discuss the blacked-out procurement. Any Bidder, Proposer, or Parish Contractor who violates the Blackout Period may be liable to the Parish in damages and/or subject to any other remedy allowed by law. Further, failure to comply with these requirements may result in the Proposal’s disqualification. Any costs associated with cancellation or termination will be the responsibility of the Proposer or Bidder. Notwithstanding the foregoing, the Blackout Period shall not apply to: 1. Duly noticed site visits and/or conferences for Bidders or Proposers; 2. Oral presentations during the evaluation process; or 3. Communications regarding a particular solicitation between any person and staff of the procuring agency provided the communication is limited strictly to matters of procedure. Procedural matters include deadlines for decisions or submission of proposals and the proper means of communicating regarding the procurement, but shall not include any substantive matter related to the particular procurement or requirements of the RFP. https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 11 5.4 Errors and Omissions in Proposal The Parish will not be liable for any error in the proposal. Proposer will not be allowed to alter proposal documents after the deadline for proposal submission, except under the following condition: the Parish reserves the right to make corrections or clarifications due to patent errors identified in proposals by the Parish or the Proposer. The Parish, at its option, has the right to request clarification or additional information from the Proposer. 5.5 Performance Bond “[Omitted as not applicable to this RFP.]” 5.6 Changes, Addenda, Withdrawals The Parish reserves the right to change the Schedule of Events or issue Addenda to the RFP at any time. The Parish also reserves the right to cancel or reissue the RFP. If the Proposer needs to submit changes or addenda, such shall be submitted in writing, signed by an authorized representative of the Proposer, cross-referenced clearly to the relevant proposal section, prior to the proposal opening, and should be submitted in a sealed envelope. Such shall meet all requirements for the proposal. 5.7 Withdrawal of Proposal A Proposer may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by the authorized representative of the Proposer must be submitted to the Procurement Department. 5.8 Material in the RFP Proposals shall be based only on the material contained in this RFP. The RFP includes official responses to questions, addenda, and other material, which may be provided by the Parish pursuant to the RFP. 5.9 Waiver of Administrative Informalities The Parish reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal. 5.10 Proposal Rejection Issuance of this RFP in no way constitutes a commitment by the Parish to award a contract. The Parish reserves the right to accept or reject any or all proposals submitted or to cancel this RFP if it is in the best interest of the Parish to do so. 12 5.11 Ownership of Proposal All materials (paper content only) submitted in response to this request become the property of the Parish. Selection or rejection of a response does not affect this right. All proposals submitted will be retained by the Parish and not returned to Proposers. Any copyrighted materials in the response are not transferred to the Parish. 5.12 Cost of Offer Preparation The Parish is not liable for any costs incurred by prospective Proposers or Contractors prior to issuance of or entering into a Contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the Parish. 5.13 Non-negotiable Contract Terms Non-negotiable contract terms include but are not limited to taxes, assignment of contract, audit of records, EEOC and ADA compliance, record retention, content of contract/order of precedence, contract changes, governing law, claims or controversies, and termination based on contingency of appropriation of funds. 5.14 Taxes Any taxes, other than state and local sales and use taxes from which the Parish is exempt, shall be assumed to be included within the Proposer’s cost. 5.15 Proposal Validity All proposals shall be considered valid for acceptance until such time an award is made, unless the Proposer provides for a different time period within its proposal response. However, the Parish reserves the right to reject a proposal if the Proposer’s acceptance period is unacceptable and the Proposer is unwilling to extend the validity of its proposal. 5.16 Prime Contractor Responsibilities The selected Proposer shall be required to assume responsibility for all items and services offered in his proposal whether or not he produces or provides them. The Parish shall consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 13 5.17 Use of Subcontractors Each Contractor shall serve as the single prime contractor for all work performed pursuant to its contract. That prime contractor shall be responsible for all deliverables referenced in this RFP. This general requirement notwithstanding, Proposers may enter into subcontractor arrangements. Proposers may submit a proposal in response to this RFP, which identifies subcontract(s) with others, provided that the prime contractor acknowledges total responsibility for the entire contract. If it becomes necessary for the prime contractor to use subcontractors, the Parish urges the prime contractor to use Louisiana vendors, including small and emerging businesses, a small entrepreneurship or a veteran or service-connected disabled veteran-owned small entrepreneurship, if practical. In all events, any subcontractor used by the prime should be identified to the Parish. Information required of the prime contractor under the terms of this RFP, is also required for each subcontractor and the subcontractors must agree to be bound by the terms of the contract. The prime contractor shall assume total responsibility for compliance. 5.18 Written or Oral Discussions/Presentations Written or oral discussions may be conducted with Proposers who submit proposals determined to be reasonably susceptible of being selected for award; however, the Parish reserves the right to enter into an Agreement without further discussion of the proposal submitted based on the initial offers received. Any such written or oral discussion shall be initiated by the Parish. Any commitments or representations made during these discussions, if conducted, may become formally recorded in the final contract. Written or oral discussions/presentations for clarification may be conducted to enhance the Parish's understanding of any or all of the proposals submitted. Any such written or oral discussions/presentations shall be initiated by the Parish. Proposals may be accepted without such discussions. 5.19 Acceptance of Proposal Content The mandatory RFP requirements shall become contractual obligations if a contract ensues. Failure of the successful Proposer to accept these obligations shall result in the rejection of the proposal 5.20 Evaluation and Selection All responses received as a result of this RFP are subject to evaluation by the Evaluation Committee for the purpose of selecting the Proposer with whom the Parish shall contract. To evaluate all proposals, a committee whose members have expertise in various areas has been selected. This committee will determine which proposals are reasonably susceptible of being selected for award. If required, written or oral discussions may be conducted with any or all of 14 the Proposers to make this determination. Any such written or oral discussions shall be initiated by the Evaluation Committee. Results of the evaluations will be provided by the Evaluation Committee to the Procurement Director. Written recommendation for award shall be made for the Proposer whose proposal, conforming to the RFP, will be the most advantageous to the Parish, price and other factors considered. The committee may reject any or all proposals if none is considered in the best interest of the Parish. 5.21 Contract Negotiations If for any reason the Proposer whose proposal is most responsive to the Parish's needs, price and other evaluation factors set forth in the RFP considered, does not agree to a contract, that proposal shall be rejected and the Parish may negotiate with the next most responsive Proposer. Negotiation may include revision of non-mandatory terms, conditions, and requirements. The Procurement Department must approve the final contract form and issue a purchase order, if applicable, to complete the process. 5.22 Contract Award and Execution “[Omitted as not applicable to this RFP.]”. 5.23 Acknowledgment and Waiver of Protest Rights “[Omitted as not applicable to this RFP.]”. 5.24 Notice of Intent to Award Upon review and approval of the evaluation committee’s and agency’s recommendation for award, the Procurement Department will issue a “Notice of Intent to Award” letter to the apparent successful Proposer. A contract shall be completed and signed by all parties concerned on or before the date indicated in the “Schedule of Events.” If this date is not met, through no fault of the Parish, the Parish may elect to cancel the “Notice of Intent to Award” letter and make the award to the next most advantageous Proposer. The Procurement Department will also notify all unsuccessful Proposers as to the outcome of the evaluation process. The evaluation factors, points, evaluation committee member names, and the completed evaluation summary and recommendation report will be made available to all interested parties after the “Notice of Intent to Award” letter has been issued. 15 5.25 Insurance Requirements “[Omitted as not applicable at this time. Insurance requirement will be determined when program selection is made ]” 5.26 Subcontractor Insurance The Contractor shall include all subcontractors as insured’s under its policies or shall insure that all subcontractors satisfy the same insurance requirements stated herein for the contractor. 5.27 Indemnification and Limitation of Liability 5.27.1 Duty to Defend Upon notice of any claim, demand, suit, or cause of action against the Parish, alleged to arise out of or be related to this Contract, Contractor shall investigate, handle, respond to, provide defense for, and defend at its sole expense, even if the claim, demand, suit, or cause of action is groundless, false, or fraudulent. The Parish may, but is not required to, consult with or assist the Contractor, but this assistance shall not affect the Contractor’s obligations, duties, and responsibilities under this section. Contractor shall obtain the Parish’s written consent before entering into any settlement or dismissal. 5.27.2 Contractor Liability Contractor shall be liable without limitation to the Parish for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of Contractor, its owners, agents, employees, partners or subcontractors. 5.27.3 Force Majeure It is understood and agreed that neither party can foresee the exigencies beyond the control of each party which arise by reason of an Act of God or force majeure; therefore, neither party shall be liable for any delay or failure in performance beyond its control resulting from an Act of God or force majeure. The Parish shall determine whether a delay or failure results from an Act of God or force majeure based on its review of all facts and circumstances. The parties shall use reasonable efforts, including but not limited to, use of continuation of operations plans (COOP), business continuity plans, and disaster recovery plans, to eliminate or minimize the effect of such events upon the performance of their respective duties under this Contract. 5.27.4 Indemnification Contractor shall fully indemnify and hold harmless the Parish, without limitation, for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of Contractor, its owners, agents, employees, partners or subcontractors. The Contractor shall not indemnify for the portion of any loss or damage arising from the Parish’s act or failure to act. 16 5.27.5 Intellectual Property Indemnification Contractor shall fully indemnify and hold harmless the Parish, without limitation, from and against damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities in any action for infringement of any intellectual property right, including but not limited to, trademark, trade-secret, copyright, and patent rights. When a dispute or claim arises relative to a real or anticipated infringement, the Contractor, at its sole expense, shall submit information and documentation, including formal patent attorney opinions, as required by the Parish. If the use of the product, material, service, or any component thereof is enjoined for any reason or if the Contractor believes that it may be enjoined, Contractor, while ensuring appropriate migration and implementation, data integrity, and minimal delays of performance, shall at its sole expense and in the following order of precedence: (i) obtain for the Parish the right to continue using such product, material, service, or component thereof; (ii) modify the product, material, service, or component thereof so that it becomes a non-infringing product, material, or service of at least equal quality and performance; (iii) replace the product, material, service, or component thereof so that it becomes a non-infringing product, material, or service of at least equal quality and performance; or, (iv) provide the Parish monetary compensation for all payments made under the Contract related to the infringing product, material, service, or component, plus for all costs incurred to procure and implement a non-infringing product, material, or service of at least equal quality and performance. Until this obligation has been satisfied, the Contractor remains in default. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon the Parish’s unauthorized: i) modification or alteration of the product, material or service; ii) use of the product, material or service in combination with other products not furnished by Contractor; or, iii) use of the product, material or service in other than the specified operating conditions and environment. 5.28 Fidelity Bond Requirements “[Omitted as not applicable to this RFP.]”. 5.29 Payment “[Omitted as not applicable to this RFP.]”. 5.29.1 Payment for Services “[Omitted as not applicable to this RFP.]”. 5.30 Termination 5.30.1 Termination of the Contract for Cause The Parish may terminate the contract for cause based upon the failure of the Contractor to comply with the terms and/or conditions of the contract, or failure to fulfill its performance obligations pursuant to the contract, provided that the Parish shall give the Contractor written 17 notice specifying the Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then the Parish may, at its option, place the Contractor in default and the contract shall terminate on the date specified in such notice. The Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the Parish to comply with the terms and conditions of the contract, provided that the Contractor shall give the Parish written notice specifying the Parish’s failure and a reasonable opportunity for the Parish to cure the defect. 5.30.2 Termination of the Contract for Convenience The Parish may terminate the contract at any time by giving thirty (30) days written notice to the Contractor of such termination or negotiating with the Contractor an effective date. The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily. 5.30.3 Termination for Non-Appropriation of Funds The continuance of the contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the Parish Council. If the Parish Council fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced for any lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated. 5.30.4 Default of Contractor Failure to complete or deliver within the time specified or to provide the services as specified in the bid or response will constitute a default and may cause cancellation of the contract. Where the Parish has determined the contractor to be in default. The Parish reserves the right to purchase any or all products or services covered by the contract on the open market and to charge the contractor with the cost in excess of the contract price. Until such assessed charges have been paid, no subsequent bid or response from the defaulting contractor will be considered. 5.31 Assignment The Contractor shall not assign any interest in the contract by assignment, transfer, or novation, without prior written consent of the Parish. This provision shall not be construed to prohibit the contractor from assigning his bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the Parish. 18 5.32 No Guarantee of Quantities The quantities referenced in the RFP are estimated to be the amount needed. In the event a greater or lesser quantity is needed, the right is reserved by the Parish to increase or decrease the amount, at the unit price stated in the proposal. The Parish does not obligate itself to contract for or accept more than its actual requirements during the period of the contract, as determined by actual needs and availability of appropriated funds. 5.33 Audit of Records The Parish Auditor, state auditors, federal auditors or others so designated by the Parish, shall have the option to audit all accounts directly pertaining to the resulting contract for a period of five (5) years after Project acceptance or as required by applicable State and Federal law. Records shall be made available during normal working hours for this purpose. 5.34 Civil Rights Compliance The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under the contract and any contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of the contract. 5.35 Record Retention The Contractor shall maintain all records in relation to the contract for a period of at least five (5) years after final payment. 5.36 Record Ownership All records, reports, documents, or other material related to any contract resulting from this RFP and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of the Parish and shall, upon request, be returned by Contractor to the Parish, at Contractor’s expense, at termination or expiration of the contract. 19 5.37 Content of Contract/ Order of Precedence In the event of an inconsistency between the contract, the RFP and/or the Contractor's Proposal, the inconsistency shall be resolved by giving precedence first to the final contract, then to the RFP and subsequent addenda (if any) and finally, the Contractor's Proposal. 5.38 Contract Changes No additional changes, enhancements, or modifications to any contract resulting from this RFP shall be made without the prior approval of the Parish. Changes to the contract include any change in: compensation; beginning/ ending date of the contract; scope of work; and/or Contractor change through the Assignment of Contract process. Any such changes, once approved, will result in the issuance of an amendment to the contract. 5.39 Substitution of Personnel The Parish intends to include in any contract resulting from this RFP the following condition: Substitution of Personnel: If, during the term of the contract, the Contractor or subcontractor cannot provide the personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume of qualifications and justification is to be submitted to the Parish for approval prior to any personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s proposal. 5.40 Governing Law All activities associated with this RFP process shall be interpreted under Louisiana Law. All proposals and contracts submitted are subject to provisions of the laws of the State of Louisiana and specifications listed in this RFP. Jurisdiction and venue for any suit filed in connection with this RFP process and contract shall be exclusive to the 22nd Judicial District Court for the Parish of St. Tammany, State of Louisiana. 5.41 Anti-Kickback Clause The Contractor hereby agrees to adhere to the mandate dictated by the Copeland "Anti-Kickback" Act which provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the completion of work, to give up any part of the compensation to which he is otherwise entitled. 5.42 Clean Air Act The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act which 20 prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA list of Violating Facilities. 5.43 Energy Policy and Conservation Act The Contractor hereby recognizes the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). 5.44 Clean Water Act The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders, or requirements issued under Section 508 of the Clean Water Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. 5.45 Anti-Lobbying and Debarment Act The Contractor will be expected to comply with Federal statutes required in the Anti-Lobbying Act and the Debarment Act. ATTACHMENT -A Attachment "B" Sample Scoring Matrix RFP # 24-7-3 Opportunity to Operate Children’s Educational Center Vendor/Business Name Evaluator’s Name CRITERIA POSSIBLE POINTS ASSIGNED POINTS COMMENTS Compliance with the RFP 15pts Understanding of the Project 15pts Approach to the Project 25pts Operation Plan 25pts Qualifications of the Proposer, including, but not limited to, its experience and personnel assigned to the projects 20pts Vendor Total 100pts Signature of Evaluator: Date: CORPORATE RESOLUTION EXCERPT FROM MINUTES OF MEETING OF THE BOARD OF DIRECTORS OF INCORPORATED. AT THE MEETING OF DIRECTORS OF ____________________________________ INCORPORATED, DULY NOTICED AND HELD ON _________________________, A QUORUM BEING THERE PRESENT, ON MOTION DULY MADE AND SECONDED. IT WAS: RESOLVED THAT _________________________________________, BE AND IS HEREBY APPOINTED, CONSTITUTED AND DESIGN ATED AS AGENT AND ATTORNEY-IN- FACT OF THE CORPORATION WITH FU LL POWER AND AUTHORITY TO ACT ON BEHALF OF THIS CORPORATION IN ALL NEGOTIATIONS, BIDDING, CONCERNS AND TRANSACTIONS WITH THE PARISH OF ST. TAMMANY OR ANY OF ITS AGENCIES, DEPARTMENTS, EMPLOYEES OR AGENTS, INCLUDING BUT NOT LIMITED TO, THE EXECUTION OF ALL BIDS, PAPERS, DOCUMENTS, AFFIDAVITS, BONDS, SURETIES, CONTRACTS AND ACTS AND TO RECEIVE ALL PURCHASE ORDERS AND NOTICES ISSUED PURSUANT TO THE PROVISIONS OF ANY SUCH BID OR CONTRACT, THIS CORPORATION HEREBY RATIFYING, APPROVING, CONFIRMING, AND ACCEPTINGEACH AND EVERY SUCH ACT PERFORMED BY SAID AGENT AND ATTORNEY-IN-FACT. I HEREBY CERTIFY THE FOREGOING TO BE A TRUE AND CORRECT COPY OF AN EXCERPT OF THE MINUTES OF THE ABOVE DATED MEETING OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THE SAME HAS NOT BEEN REVOKED OR RESCINDED. SECRETARY-TREASURER ________________________ DATE ________________________ Attachment "C" https://jefferson-parish-government.azureedge.net/documents/departments/purchasing/forms/1-general/03-CorporateResolution2014-07-14.pdf#page=1 https://jefferson-parish-government.azureedge.net/documents/departments/purchasing/forms/1-general/03-CorporateResolution2014-07-14.pdf#page=1