CONCESSION SERVICES - CENTRAL PARK - Boone County, KY

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Boone County, Kentucky

REQUEST FOR PROPOSAL BCFY20-0034

                  CONCESSION SERVICES
                    – CENTRAL PARK

ACCEPTANCE DATE:                          March 16, 2020, 2:00 pm “local time”

OPTIONAL PRE-PROPOSAL                     Schedule with Director of Boone County Parks
MEETING/TOUR                              Boone County Fiscal Courtroom
                                          2950 Washington Street
                                          Burlington, Kentucky 41005

ACCEPTANCE                                Boone County Fiscal Court
PLACE                                     2950 Washington Street
                                          PO Box 960
                                          2nd Floor Administration Building, Room #205
                                          Burlington, Kentucky 41005

Requests for information related to this Invitation should be directed to:

                                 Boone County Parks & Recreation Department
                                 dwhitehouse@boonecountyky.org 859-334-2117

                                                           Issue Date: March 4, 2020

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN
ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT OUR OFFICE AS
SOON AS POSSIBLE.
RFP: BCFY20‐0034

                                                NOTICE

The Boone County Fiscal Court will receive sealed proposals in the Finance Office, Second Floor-Room
#205, Administration Building, 2950 Washington Street, Burlington, Kentucky, 41005, until 2:00 pm
“local time” on March 16, 2020 for CONCESSION SERVICES AT CENTRAL PARK. Proposals
will be publicly announce, aloud at that time in the Fiscal Courtroom, First Floor, of the Administration
Building. Late, electronically submitted or facsimile proposals will not be accepted.

PROPOSAL ENVELOPE MUST BE LABELED: "SEALED PROPOSAL: BCFY20-0034”

Specifications may be obtained in the Finance Office, 2950 Washington St, 2nd Floor-Room #205,
Burlington, KY 41005 or at www.boonecountyky.org\publicnotices. Prospective vendors can request
a site tour between 3/09-3/13/2020. Contact David Whitehouse at 859-334-2117 or
dwhitehouse@boonecountyky.org to schedule a time to tour the concession areas. Questions related
to this project shall be submitted in writing to dwhitehouse@boonecountyky.org. Replies will be posted
to the county’s website on or before 3/13/2020.

Boone County reserves the right to reject any and all Proposals, to waive any informalities and to
negotiate for the modifications of any proposal or to accept that Proposal which is deemed the most
desirable and advantageous from the standpoint of customer value and service and concept of operations,
even though such proposal may not, on its face, appear to be the lowest and best price. No proposal may
be withdrawn for a period of thirty (30) days after scheduled time of receipt of proposal.

INTENT

It should be noted that the inclusion of the any plans, drawings or brand names mentioned in this
solicitation are provided for reference purposes only. The plans or drawings (if applicable) should be not
be reproduced or used for any other purpose. The Boone County “CONCESSION SERVICES
COMMITTEE” shall be the sole judge of whether a proposal meets the intent of these specifications.

KENTUCKY PREFERENCE LAW

The scoring of proposal is subject to Reciprocal preference for Kentucky resident bidders and Preferences
for a Qualified Bidder or the Department of Corrections, Division of Prison Industries. *Vendors not
claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.

                                                                                              Page 2 of 15
RFP: BCFY20‐0034

                                    GENERAL INFORMATION

    A. Boone County, Kentucky, herein referred to as the “County”, invites the submittal of written
       proposals from qualified firms/contractors that can provide concession services for Central
       Park, 9190 Camp Ernst Road, in Boone County, Kentucky.

    B. Central Park offers a variety of public recreational activities ranging from organized athletic
       leagues and programs to informal picnicking and individual recreational pursuits. The purpose of
       this proposal is to provide a public service to the visitors of Central Park

                                          SPECIFICATIONS

The services desired are set forth in this Request for Proposals. Representatives of the County will review
the submitted proposals of each party. The County reserves the right to amend these specifications.
Addenda will be available on the County website. Obtaining addenda is the responsibility of the offering
party, not the County.

    1. NOTICE OF VIOLATION OF KENTUCKY LAW

Pursuant to the provisions of KRS 45A.343, the contractor or vendor is required to reveal to the County
any final determination of a violation of KRS Chapters 136, 139, 141, 337, 338 and 342 by the contractor
or vendor within the previous five (5) years; and further that said contractor or vendor has been and is in
continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 341, and 342 for the
duration of the contract. The failure of a contractor or vendor to reveal a final determination of a
violation to a local government, or to comply with the statutory requirements, is considered grounds for
cancellation of a contract and disqualification of the contractor or vendor from eligibility for any County
contracts for a period of two (2) years.

The Boone County Fiscal Court reserves the right to reject any and all submissions and to waive
formalities.

    2. SCOPE OF WORK

            a. The County invites an experienced Concessionaire to submit their qualifications and a
               proposal for providing exclusive concessionaire services to Central Park at 9190 Camp
               Ernst Road in Boone County.

            b. The term of this agreement shall be for a period of one (1) year, with an option, upon
               agreement by both the County and the Tennis Professional, for three (3) additional one
               (1) year renewals, to be updated on an annual basis, on or before the date of the signed
               agreement.

            c. A thirty (30) day notice shall be provided for the renewal and/or termination of the
               agreement.

            d. The County is requesting proposals for food and concession operation included but not
               limited to, furnishing all equipment (except those provided by the County), materials,
               supplies, labor, insurance and licenses as necessary to provide a hands on food and
               beverages service.
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RFP: BCFY20‐0034

           e. The selected concessionaire will be given use of the 2 concession stands located at the
              entrance of Central Park. The concession rooms are equipped with basic utilities to
              include water and electricity both being provided at Boone County’s expense. No
              telephone or data line services will be provided to the concession stands. No venting
              system is available to allow for grill type equipment nor will a system be made available
              in this facility without prior approval of Boone County Fiscal Court.

           f.   Willing to enter into a contractual agreement to provide services on behalf of Boone
                County Parks and Recreation Department as an independent contractor or service vendor
                with the understanding that the person/organization, nor its staff will not be considered
                employees of the County. The awarded proposer will be responsible for all federal, state,
                and local taxes and fees related to the tennis services being provided in this RFP.

           g. All parties providing services to the County must possess all federal, state and/or local
              qualifications/licenses to provide services in Boone County and the Commonwealth of
              Kentucky.

   3. REQUIREMENTS FOR SUBMITTAL

   A. The proposer shall supply a cover letter addressed to Boone County Fiscal Court, giving the
      County a description of your company background and experience.

   B. Provide the gross sales receipts (commission) that the proposer will provide to the County as part
      of its operations of the concession services at Central Park. The term “gross receipts” used herein
      means the revenue produced or accrued from the fees for tennis camps, classes, leagues, lessons,
      drills, clinics, tournaments and special events without any deduction for cost of materials used,
      labor, and/or any other expenses.

   C. Complete Exhibit A: Proposal Transmittal

   D. Complete Exhibit B: References for Proposing Company

   E. Proposer shall provide a preliminary menu of items to be provided in the concession stand along
      with preliminary pricing.
          a. Proposer agrees that Boone County Fiscal Court and/or Boone County Parks &
              Recreation Department will have sole and exclusive right to approve all food supply and
              beverages for Central Park and its concession stand(s).

   F. Insurance – Awarded contractor is required to maintain insurance coverage as follows (applicable
      for vendors working on Boone County’s Projects on Property owned by the County of Boone or
      one of its related entities):

    Coverage                       Minimum Limits of Liability, Terms and Coverage
 Commercial           $250,000 bodily injury and property damage each occurrence, including
 General Liability     advertising and personal injury, products and completed operations;
                      $250,000 products/completed operations, independent Contractor’s liability,
                       contractual liability, and coverage for property damage from perils of explosion,
                       collapse, or damage to underground utilities, commonly known as XCU

                                                                                             Page 4 of 15
RFP: BCFY20‐0034

 Auto Liability       $100,000 each person, bodily injury and property damage, including owned,
 Insurance             non-owned and hired auto liability
 Workers’             Statutory Limitations
 Compensation
 Employer’s           $500,000 bodily injury by accident, each accident;
 Liability            $500,000 bodily injury by disease, each employee;
                      $500,000 bodily injury by disease, policy aggregate
 Umbrella/Excess      $1,000,000 each occurrence and annual aggregate;
 Liability            Underlying coverage shall include General Liability, Auto Liability, and
                       Employer’s Liability
                      $1,000,000 annual aggregate covering damages or liability arising or resulting
                       from Contractor’s services rendered, or which should have been rendered,
                       pursuant to the Contract
 Property            The Contractor shall purchase and maintain property insurance covering
                     machinery, equipment, mobile equipment, and tools used or owned by the
                     Contractor in the performance of services under the Contract. The County shall in
                     no circumstance be responsible or liable for the loss or damage to, or
                     disappearance of, any machinery, equipment, mobile equipment and tools used or
                     owned by the Contractor in the performance of services under the Contract.

   G. Proof of insurance shall be furnished to the County with proposal submission. Certificate of
      insurance naming Boone County Fiscal Court as additionally insured shall be furnished
      within fifteen (15) days of contract execution and before the successful vendor can commence
      the project. All policies of insurance required hereunder shall contain a provision requiring a
      minimum of thirty (30) days advance written notice to the County in the event of cancellation or
      diminutions of coverage.

   H. Provide an inventory of equipment that will be necessary or provided by the vendor to provide
      concession services to Central Park. Equipment of inventory must be updated annually. Any
      equipment not listed on the vendor’s inventory list will become property of Boone County Fiscal
      Court upon termination of the agreement.

   I.   Provide a schedule for services by the proposer. It is the intent of the Parks Department to
        provide concession services to the public at Central Park. Therefore it is our intent to have the
        concession stand open to the public during all peak operating times (game days). Generally
        speaking the Park’s high usage months are April through October. Peak times are as follows:

              a.   Spring Soccer – March through May on Saturdays
              b.   Fall Soccer – August through October on Saturdays
              c.   Spring Baseball – April through July 4th on Saturdays
              d.   Fall Baseball – August through second week of October on Saturdays
              e.   Scheduled week day games for High School Baseball; Schedule not set, will be
                   provided at site visit or upon request after 2/8/2020.

   4. PROPOSAL REVIEW CRITERIA

            a. The evaluation committee will evaluate each of the proposals submitted based on the
               following criteria. After receipt and review of the written proposal, the County may elect
               to have the proposal presented in person, or clarifications submitted in writing.
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RFP: BCFY20‐0034

           b. Proposers shall not assume that any information shared with the County prior to this RFP
              will be considered in the Evaluation of this RFP.

           c. Evaluation Criteria:

       Item #                                Description                              Percentage
                                                                                       Possible
      1.           Menu Options                                                          20%
      2.           Menu Pricing                                                          20%
      3.           Percentage of Revenue (commission)                                    15%
      4.           Previous Experience in Concession Operations                          25%
      5.           Personnel training policy, cash and records keeping policy,
                   disposal plan, and complaint handling policy                          20%
                   Total Percentage Points                                               100%

   5. CENTRAL PARK FACILITY REQUIREMENTS

           a. Maintain the premises in a first class manner, including the equipment, and any
              improvements, in a neat, clean, and presentable condition at all times and to the
              satisfaction of Boone County and Boone County Parks & Recreation Department. The
              premises the concessionaire will be responsible for maintaining include the concession
              stand and the adjacent shelters. Exterminator service shall be provided at the County’s
              expense on a minimum 30-day basis and as needed.

           b. The concessionaire/Operator will use all suitable receptacles for all garbage, trash and
              other refuse on or in connection with the premises. Piling of boxes, cartons, barrels, or
              other similar items, in an unsightly or unsafe manner, on or about the premises, is
              prohibited.

           c. Concessionaire/Operator will have the right to install and operate signs in harmony with
              the theme of Central Park. All signage will be presented and approved by the Boone
              County Parks & Recreation Department before being implemented.

           d. During the term of the contract, the proposer can at their own expense, recommend any
              alterations to the concession stands as required to conduct the concession stands. All
              alteration to the concession stand must be approved by the Boone County Fiscal Court.

           e. Conduct its business and operations at the concession stand in a fair and business-like
              manner so that the same will be a credit to the Boone County Parks Department.

           f.   Operation is to be in compliance with all laws and ordinances, including operation of the
                Boone County Parks & Recreation Department (County Ordinance No. 710.5). The
                concessionaire is responsible for all associated taxes, business licenses and compliance
                with state, federal and local ordinances as required.

           g. The concessionaire, without written consent of Boone County Fiscal Court, shall make no
              assignment or subletting or transfer of assignment.

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RFP: BCFY20‐0034

          h. Concessionaire/Operator shall be responsible for any unauthorized alterations to the
             building without prior written consent, including, but not limited to, painting,
             partitioning, rewiring, etc., and/or damages (above normal wear and tear) to the building.

          i.   Concessionaire shall address and correct/resolve any complaints whether direct, or
               through the Parks & Recreation Director, including, but not limited to, employees,
               products, cleanliness, etc., promptly and within a reasonable length of time.

          j.   Service staff is uniformly presented and well trained in customer service practices.
               Service should be timely, attentive and friendly. Food and beverage orders will be taken
               promptly and in a friendly and courteous manner. Vendor is to recruit, train, supervise,
               direct and deploy the optimum number of employees to match the work requirements, per
               health code.
                    i. Each employee shall:
                            1. Be clean, neat and well-groomed per health code
                            2. NOT handle cash and food simultaneously per health code
                            3. Be free from offensive body odor
                            4. Be professional, courteous, customer service-oriented and friendly to the
                                 public

          k. Service staff shall meet background screening requirements as required by Boone
             County. Vendor shall supply all employees’ names, social security numbers and
             addresses for the purposes of conducting background investigations. This information is
             to be supplied before an employee begins work.

          l.   Concessionaire/Operator shall address and correct/resolve any complaints whether direct,
               or through the Parks & Recreation Director, including, but not limited to, employees,
               products, cleanliness, etc., promptly and within a reasonable length of time.

          m. It shall be the right of the Parks & Recreation Department to inspect the concession
             facilities at any time for observation of compliance with responsibilities.

          n. Equipment to be furnished by the concessionaire, including but not limited to
             refrigerator/freezer, appliance for food preparation, and any equipment and supplies
             necessary for the operation of the concession.

          o. The concessionaire/operator will use the concession stands for the purposes of food and
             beverage services, and will not at any time permit the concession stand to be used for any
             improper, immoral, unlawful, or illegal purpose.

   6. CONCESSION MENU

          a. The proposer is expected to serve quality food and beverages to meet the needs of the
             visiting public. Simple menu items such as, but not limited to, pizza, hamburgers, hot

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RFP: BCFY20‐0034

              dogs, and other snacks should be offered at competitive prices please detail the type of
              meat (i.e. Turkey, Beef, Pork, Veggie).

          b. Non-Alcoholic Beverages should include, at a minimum, sodas, juice drinks, and bottled
             water.

          c. LIMITATIONS TO THE MENU:
             i. NO ALCOHOL SALES WILL BE PERMITTED
            ii. NO CHEWING GUM SALES WILL BE PERMITTED
           iii. NO GLASS BOTTLES OR CONTAINER WILL BE PERMITTED

   7. REVENUE STRUCTURE

          a. The proposer shall pay the Boone County Fiscal Court for the rights, privileges and use
             of the concession stand, a concession stand fee percentage of gross sales (commission).

          b. The payment to the County shall be a percentage of gross sales for each month. The
             percentage of gross sales will be submitted by proposer and is will be evaluated as a part
             of the overall proposal. The payment, from the preceding calendar month, will be
             received by the County by the fifth (5th) business day of each month.

          c. The proposer will provide a profit and loss statement for services provided along with the
             revenue check each month. A final profit and loss statement will be submitted at the end
             of the season for reconciliation purposes.

   8. RECORD RETENTION

          a. The concessionaire/operator will keep accurate records, on a daily basis, which will
             among other things, show all sales made and services provided for cash, credit, or
             otherwise (without regard to whether paid), of all the business done within the concession
             stands.
          b. Will provide a detailed report showing the gross receipts from the operation of the
             concession stand for the preceding calendar month by the fifth (5th) business day of each
             month. These reports shall show the detail and breakdown of the items listed below:

                    i. Cash Register Tapes – as required by the Internal Revenue Service (IRS)

                   ii. Statement of daily transactions and sales report on food and beverages. The
                       statement shall show gross sales and all information relating to any transaction.

                   iii. Copies of Sales Tax Reports – estimated or final reports submitted to the State of
                        Kentucky.

                   iv. Provide a profit and loss statement to the County covering the entire season by
                       November 15th of each year this contract is effect.

                   v. Provide a copy of the actual profit and loss statement submitted with Federal Tax
                      Return shall be submitted to the County no later than May 31st of each new
                      contract year. Failure to comply shall be considered a breach of contract.

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RFP: BCFY20‐0034

   9. AWARD SCHEDULE

        Project Issued                         March 4, 2020
        Project offer phase                    March 4, 2020 – March 16, 2020
        Site Visit                             March 5, 2020 – March 13, 2020
        Question & Answer Phase                March 4, 2020 – March 13, 2020
        Bid Opening                            March 16, 2020 2:00 pm (local time)
        Anticipated Award Notification         March 24, 2020

   10. INDEMNIFICATION

          a. The selected contractor shall agree to indemnify and defend the County and its elected
             officials, officers, employees and agents from and against all claims, losses, damages,
             and expenses (including reasonable attorneys’ fees) of whatsoever kind and nature, to the
             extent that such claims, losses, damages, or expenses are caused by or arise out of the
             performance or non-performance of this Agreement and/or the acts, omissions, or
             conduct of Proposer/Operator/Contractor and its agents, employees, contractors, sub-
             contractors and representatives in undertaking and performing the Services.

                       EXHIBIT A – LETTER OF TRANSMITTAL
                                                                                          Page 9 of 15
RFP: BCFY20‐0034

The undersigned hereby certifies that items furnished as a result of this proposal will be in full accordance
with the Boone County Fiscal Court specification applying thereto unless exception are stated above.

The Proposers name and address as it would appear in a contract:

 Entity Name:

 Street Address:
 City,
 State, Zip:
 Proposer’s Phone
 Number:

 Proposer’s Fax Number:

 Proposer’s Email:

                                Sole Proprietorship____; Franchise____; Partnership____;
                                Corporation____; Joint Venture____; LLC____:
 Form of ownership:             Other (specify)___________________
 If Corporation, state of
 incorporation                  _________________________
 Federal ID Number (SS#
 if Sole Proprietorship)        _________________________
 IRS Form W9                    Please include your IRS Form W9 with your proposal

Signature: _________________________________________________________

Printed Name & Title: ___________________________________________________________

By signing this page, you stat that you are an authorized representative, and have reviewed and are
presenting this proposal on behalf of your business entity.

                EXHIBIT B – REFERENCES FOR PROPOSING COMPANY
                                                                                               Page 10 of 15
RFP: BCFY20‐0034

Name of Proposing Company: __________________________________________________

List company name, addresses, and telephone numbers for at least three references presently or
previously served by your company for RFP BCFY20-0026 CONCESSION SERVICES –
CENTRAL PARK. Do not use BOONE COUNTY as a reference.

 Company Name:
 Address:
 Contact Person:
 Telephone #:
 Email Address:

 Describe Services
 Provided:

 Company Name:
 Address:
 Contact Person:
 Telephone #:
 Email Address:

 Describe Services
 Provided:

 Company Name:
 Address:
 Contact Person:
 Telephone #:
 Email Address:

 Describe Services
 Provided:

Signature: _________________________________________________________

Printed Name & Title: ___________________________________________________________

                                                                                     Page 11 of 15
RFP: BCFY20‐0034

                        KENTUCKY PREFERENCE LAWS
The scoring of proposals is subject to Reciprocal preference for Kentucky resident bidders and
Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries.
*Vendors not claiming resident bidder or qualified bidder status need not submit the
corresponding affidavit.
Reciprocal preference for Kentucky resident bidders

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.
As used in KRS 45A.490 to 45A.494:
(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or
disposal of supplies, services, construction, or any other item; and
(2) "Public agency" has the same meaning as in KRS 61.805.

 KRS 45A.492 Legislative declarations.
The General Assembly declares:
(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in
contracts by public agencies; and
(2) Providing preference to Kentucky residents equalizes the competition with other states that provide
preference to their residents.

 KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of
states -- Administrative regulations.
(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a
public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident
bidder registered in any state that gives or requires a preference to bidders from that state. The preference
shall be equal to the preference given or required by the state of the nonresident bidder.
(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that,
on the date the contract is first advertised or announced as available for bidding:
(a) Is authorized to transact business in the Commonwealth; and
(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate
income taxes, made payments to the Kentucky unemployment insurance fund established in KRS
341.490, and maintained a Kentucky workers' compensation policy in effect.
(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity
that does not meet the requirements of subsection (2) of this section.
(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder,
preference shall be given to the resident bidder.
(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.
(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a
preference for their own resident bidders, including details of the preference given to such bidders, to be
used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate
administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the
preferences required by this section shall be given.
(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.
(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to
45A.494 part of the solicitation or advertisement for bids.

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with
200 KAR 5:400.

                                                                                               Page 12 of 15
RFP: BCFY20‐0034

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder
status shall submit along with its response the attached Required Affidavit for Bidders, Offerors, and
Contractors Claiming Resident Bidder Status. The BIDDING AGENCY reserves the right to request
documentation supporting a proposer’s claim of resident bidder status. Failure to provide such
documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business
in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of
the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder
is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be
that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries.

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a
preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In
addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the
maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit
corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for
individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the
Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a
notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder-
affidavit form included. If requested, failure to provide documentation to a public agency proving
qualified bidder status may result in disqualification of the bidder or contract termination.

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RFP: BCFY20‐0034

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING
RESIDENT BIDDER STATUS (Not Required unless claiming Resident Bidder Status)

FOR BIDS AND CONTRACTS IN GENERAL:
The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS
45A.494(2), the entity bidding is an individual, partnership, association, corporation, or other business
entity that, on the date the contract is first advertised or announced as available for bidding:

Is authorized to transact business in the Commonwealth;
Has for one year prior to and through the date of advertisement
Filed Kentucky income taxes;
Made payments to the Kentucky unemployment insurance fund established in KRS 341.49; and
Maintained a Kentucky workers’ compensation policy in effect.

The BIDDING AGENCY reserves the right to request documentation supporting a proposer’s claim of
resident bidder status. Failure to provide such documentation upon request shall result in disqualification
of the bidder or contract termination.

        Signature                                         Printed Name

        Title                                             Date

        Company Name
        Address

        Subscribed and sworn to before me by
                                                             (Affiant)            (Title)

        of                                               this _____day of ____________,20___.
                (Company Name)

        Notary Public
        [seal of notary]                                         My commission expires:

                                                                                              Page 14 of 15
RFP: BCFY20‐0034

    REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING
                         QUALIFIED BIDDER STATUS

                                        (Not Required Unless Claiming Qualified Bidder Status)

FOR BIDS AND CONTRACTS IN GENERAL:
I. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding, and all subcontractors
therein, meets the requirements to be considered a “qualified bidder” in accordance with 200 KAR 5:410(3); and
will continue to comply with such requirements for the duration of any contract awarded. Please identify below the
particular “qualified bidder” status claimed by the bidding entity.

________ A nonprofit corporation that furthers the purposes of KRS Chapter 163

_______ Per KRS 45A.465(3), a "Qualified nonprofit agency for individuals with severe disabilities" means an
        organization that:
(a) Is organized and operated in the interest of individuals with severe disabilities; and
(b) Complies with any applicable occupational health and safety law of the United States and the Commonwealth; and
(c) In the manufacture or provision of products or services listed or purchased under KRS 45A.470, during the fiscal year employs individuals with severe disabilities
for not less than seventy-five percent (75%) of the man hours of direct labor required for the manufacture or provision of the products or services; and
(d) Is registered and in good standing as a nonprofit organization with the Secretary of State.

The BIDDING AGENCY reserves the right to request documentation supporting a proposer’s claim of
qualified bidder status. Failure to provide such documentation upon request may result in disqualification
of the bidder or contract termination.

             Signature                                                                   Printed Name

             Title                                                                       Date

             Company Name
             Address

             Subscribed and sworn to before me by
                                                                                               (Affiant)                       (Title)

             of                                                                                  this _____day of ____________,20___.
                      (Company Name)

             Notary Public
                                                                                                              My commission expires:
             [seal of notary]                                                                                 ________________________

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