REQUEST FOR PROPOSAL - HORSE RIDING AND … · REQUEST FOR PROPOSAL - HORSE RIDING AND STABLE CONCESSION Scope and Intent Shelby Farms Park Conservancy, ... due to safety reasons

Shelby Farms Park Conservancy - Request for Proposal - Horse Riding and Stable Concession - August 2015

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REQUEST FOR PROPOSAL - HORSE RIDING AND STABLE CONCESSION

Purpose: This document defines the basic services required, the proposal procedures; the

evaluation criteria; and other factors pertinent to this Request for Proposal (RFP). The

purpose of this RFP is to select a proposer to manage, operate and maintain a horse riding

concession located in Shelby Farms Park, Memphis Tennessee.

The Proposer will furnish all labor, materials, equipment, permits and insurance to perform the

tasks required.

The horse riding and stable concession should also include the option for the provision of

boarding horses at the facility in the future.

Release Date: Thursday, 13 August 2015

Location: Shelby Farms Park in Memphis, Tennessee, is hereinafter referred to as “the Park.”

Proposal: Shall be a submission pursuant to the terms of this RFP by a qualified entity

(“Proposer” or “Proposers”) and shall consist of a proposal to: manage, operate and maintain a

horse riding and horse boarding concession within the Park.

Forms: Copies of the Request for Proposal may be obtained from Shelby Farms Park

Conservancy, 6489 Mullins Station Road, Memphis, Tennessee, 38134 or by downloading from

the Website at www.shelbyfarmspark.org.

RFP Costs: Proposers are not entitled to recover any Proposal preparation costs or other costs or

damages.

Due Date: Proposals are due at the Administration Office – Shelby Farms Park Conservancy, 6489

Mullins Station Road, Memphis, Tennessee, 38134 no later than 4:30 pm (Central Standard Time)

on Monday, 14 September 2015. Late Proposals will not be accepted.

All Proposals must be submitted in the format identified in the RFP. Shelby Farms Park

Conservancy reserves the right to reject any and all Proposals.

All Proposals are to be sealed, signed, and marked: Horse Riding Stable Concession. All inquiries

and proposals, relative to this Solicitation, will be directed and submitted to: Linda Brashear,

Director of Operations, Shelby Farms Park Conservancy, 6489 Mullins Station Road, Memphis,

Tennessee, 38134; Phone: 901.222.7276; or via email to: [email protected]

Email proposals should have ‘Horse Riding Stable Concession’ in the subject line.

http://www.shelbyfarms/

mailto:[email protected]


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REQUEST FOR PROPOSAL - HORSE RIDING AND STABLE CONCESSION

Scope and Intent

Shelby Farms Park Conservancy, hereinafter known as “the Park” is soliciting proposals from

qualified proposers to meet basic services which encompass the operation, management and

maintenance of a horse riding and stable concession; to enhance those recreation

opportunities currently available at Shelby Farms Park. At present, the Park, through a

Concessionaire, does operate a horse riding concession. The current agreement will expire at

the end of 2015 therefore the Park is now requesting RFP from interested parties. The intent of

Park is to continue the horse riding concession and insure there are day riding services available

to Park users that support the level of excellence the Park strives for, with the option of adding a

boarding option to the facility.

The “Selected Proposer(s)” would be responsible for the operation, management and

maintenance of the concession. The horse riding stable concession would be “for profit”

concessions of which the Selected Proposer(s) would charge the public a fee for the services

provided from which a portion of revenue would be returned to the Park in the form of a

monthly fee payment. The horse riding concession may be submitted for part-time operation,

i.e. reduced hours from November – March, due to weather conditions; however, the desire of

the Park is that it be a year-round operation.

The Park is conducting a competitive selection process to obtain these services. It is the intent to

use the RFP process described herein to select one qualified Proposer to provide those services

desired by Park that will enhance the recreational opportunities currently available to visitors to

the Park.

Existing Concessions

Annual attendance in the Park is approximately 2 million visitors. There are no other ongoing

horse riding and stable options available in the Park outside of special events.

GOAL

It is the Park’s goal, to have available to visitors of the Park, equestrian concessions that are

consistent with the Park’s mission – “to give rise to a celebrated 21st century park that defines

and shapes a great city”.

TERM AND TERMINATION

Term

The term for the agreement will be negotiated between the Park and the Selected Proposer

with the potential for renewal options. If one is contemplated in the agreement, it shall be at the

sole discretion of the Park.

Termination

A condition of the negotiated agreement could include, a clause for “termination without

cause”. Representative reasons include, but are not limited to:

1. Regulations make continuation of the agreement infeasible.

2. Unsatisfactory performance, determined by the Park, on the part of the Selected Proposer

within the requirements of the agreement.

3. Inability of the Selected Proposer and the Park, collectively known as “Parties” to mutually

agree as to the terms and conditions outlined in renewal options, if available, within the

agreement.

Upon termination of the agreement, unless otherwise stated, all Selected Proposer

improvements will become the property of the Park. In the event of conflict between the

Request for Proposal and the agreement, the agreement will prevail.


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RESPONSIBILITIES AND REQUIREMENTS

Insurance/Indemnity

The Selected Proposer will be required to maintain public liability and property damage

insurance in a form acceptable to the Park. This will include naming the Park as an “additional

insured entity” on all required insurance coverage or as stipulated in the agreement. General

requirements are:

a. Lessee shall carry workers’ compensation and employer’s liability insurance.

b. Lessee shall carry commercial general liability insurance with a combined single limit of

not less than $1,000,000 per occurrence as respects bodily injury and property damage.

Said general liability insurance must be at least as broad as the current Insurance Service

Office (ISO) Commercial General Liability Policy (Occurrence Form CG 0001). Said

general liability insurance shall be primary with respect to Lessee’s obligations under this

Agreement and with respect to the interest of each entity named as an additional

insured. Any other insurance or self-insurance maintained by an additional insured shall

be excess of said general liability insurance and shall not contribute with it.

c. Lessee shall provide SFPC with a certificate of insurance on a standard form showing that

(i) Lessee maintains the required general liability insurance; and (ii) the insurer shall not

terminate or modify coverage without twenty (20) days advance written notice to SFPC.

d. Lessee shall defend, indemnify and hold harmless SFPC, the Shelby County Government,

and their respective agents, officers, and employees from and against any liability,

claim, action, suit, loss, damage or expense (including reasonable attorneys fees) of

every nature and description to which they may be subjected by reasons of any injury to

persons or damage to property which is caused by, arises from or is in any way

connected with performance of this Agreement, excepting only that caused by the sole,

active negligence or willful misconduct of the indemnitee. This indemnification rights

and obligations shall continue in full force and effect notwithstanding the expiration or

termination of this Agreement.

Utilities

The Selected Proposer will be required to have utilities required for operation of the Concession,

(i.e. electric, water, telephone and internet.) The Selected Proposer will be required to establish

its own separate account and the Selected Proposer will be invoiced for payment due directly

by the utility provider as applicable. The Selected Proposer will be responsible for all costs

associated with hook-up and will install a separate meter for which the Selected Proposer will be

invoiced by the utility provider.

Electricity and telephone requirements to be determined by the Selected Proposer, unless

otherwise dictated through the permitting process, or required for approval by the Park primarily

due to safety reasons.

Telephone and online access to the Selected Proposer by the public is a requirement of the

Selected Proposer.

Facility and Grounds Maintenance

The Selected Proposer shall be responsible for maintenance, repair and overall appearance of

their concession site, to include all structures, facilities, amenities, and grounds. Area designated

to be under the Selected Proposer’s responsibility will be described and mapped as part of the

agreement.

The Selected Proposer shall be responsible for the coordination with the Park for the

maintenance of trails used by the horses, including, but not limited to, removal of horse manure

from the trails and repair of trails and staging areas “damaged” due to use by horses. If trails are


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dedicated to equestrian use, the Selected Proposer will be responsible for all labor, material and

costs associated with trail maintenance.

The Selected Proposer shall be responsible for monitoring and maintaining control of bugs,

rodents and other related issues that could adversely affect the health of individuals, animals

and the environment. If such factors are present, the Selected Proposer will be required to notify

the SFPC Director of Strategic Operations so that the problem can be eradicated. The Selected

Proposer will be responsible for the full costs associated with the eradication of the problem, by

engaging a pest control company approved by the Park.

Environmental Compliance

If the Selected Proposer activities result in adverse environmental impacts, the Selected Proposer

will be fully accountable for any resulting site assessment and clean-up cost required to restore

the property.

Management and proper disposal of all hazardous material is the responsibility of the Selected

Proposer. The Selected Proposer will agree to comply with all environmental laws and

regulations and to take such other actions as may be required to protect against environmental

liabilities. Any hazardous substances must be disposed of in accordance with all required laws

and regulations concerning the use and disposal of such substances.

Maintenance Program

The Park requires a high level of physical maintenance of the grounds, fencing, structures,

amenities, riding trails, etc. in order to guard against disrepair and obsolescence.

Incorporated into the Agreement will be a provision that the selected Proposer will be required

to set aside a percentage of money annually and to submit for review and approval by the Park

an annual program and budget for the repair and maintenance of the property, facilities,

amenities, trail maintenance and equipment. The level of maintenance will be in accordance

with the maintenance Program submitted by the Selected Proposer and approved by the Park.

By definition, maintenance is those activities that are completed to retain or restore an area,

facility or piece of equipment in or to an acceptable condition.

Accident Reporting

The Selected Proposer shall immediately report to the Park any event which results in the death

or significant injury requiring medical transport or attention to the Selected Proposer’s

employees, Selected Proposer’s family members, or members of the general public.

Park Rules and Regulations

The Selected Proposer is responsible for ensuring that all individuals using the horse riding or horse

stable concession are in compliance with the Park rules and regulations. These will be included

as part of the Agreement.

Emergency Notification

As part of the Agreement, the Selected Proposer shall be required to provide names and

contact numbers of, as a minimum, a primary and alternate Point-of-Contact. This information

will be retained by Park for emergency notification.

Emergency Evacuation Plan

The Selected Proposer shall be responsible for the development of an Emergency Evacuation

Plan. The Emergency Evacuation Plan will be provided to the Park’s Director of Strategic

Operations for review and approval.

Compliance with Laws

The Selected Proposer will agree to comply with all applicable federal, state, county, Park, and

city statutes, laws, ordinances, rules and regulations as they pertain to the management,


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operation and maintenance of the respective horse riding concession, including current ADA

requirements and guidelines, and current equine health regulations.

Employer Sanctions Law

The Selected Proposer warrants that it is in compliance with all federal immigration laws and

regulations that relate to their employees.

That nothing herein shall make any proposer, contractor or subcontractor an agent or

employee of the contracting entity.

Accessiblility

The horse riding concession will be open to the public and otherwise enhance public

recreational uses at the Park. No person shall be denied use of the horse riding or horse stable

concession because of race, sex, age, handicap, disability, color, religion, sexual orientation or

national origin. The Selected Proposer will be able to establish specific guidelines to ensure the

safety of horses, riders, general public and employees.

Recovery of Costs

Proposers are not entitled to recover any Proposal preparation costs or other costs or damages

associated with the preparation of this Proposal including, but not limited to, the event the Park

withdraws the RFP; the event the Park does not make an award; the Park fails to successfully

negotiate an Agreement; or the Park awards the Agreement to another Proposer.

Proprietary Information

The Proposer must clearly identify items to be considered as “proprietary” information. Requests

identifying proprietary information received after receipt of the Proposal will not be accepted.

As a general guideline, only financial information will normally be considered proprietary and

then only if requested by the Proposer. The Park agrees to take reasonable care to protect any

proprietary information identified by the Proposers received as part of their RFP response.

Requests for proprietary consideration must be sent to:

Linda Brashear

Director of Operations

Shelby Farms Park Conservancy

6489 Mullins Station Road

Memphis

Tennessee 38134

[email protected]

FEES

During the term of the Agreement, the Selected Proposer will be required to pay Park a fee at a

rate and frequency as agreed to in the Agreement.

RFP GUIDELINES AND PROCESS

General

1. Modifications

The Park may institute changes or modifications to the RFP specifications and if done so, will

notify all participants in a timely manner by an addendum to this RFP.

2. Negotiation

Aspects of the Agreement, unless restricted by the RFP, are subject to negotiation.

3. Proposal Withdrawal


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If at any time prior to the selection of the Selected Proposal a Proposer decides to withdraw their

Proposal, that Selected Proposer is requested to give written notice to the Director of Strategic

Operations.

4. Award Consideration

Consideration for award will only be made to Proposers whose Proposal best meets the criteria

stated in the RFP; for Proposers who can best demonstrate the knowledge and resources

necessary to commit and succeed with the Proposal submitted; that there has been no previous

contract performance issues with the Park; and who demonstrate the required qualifications

and experience to succeed with the horse riding and/or horse stable concession.

5. Incorporation of the Proposal into the Agreement

The contents of the RFP and the Proposer responses are incorporated, in total, into any

Agreement. Where the Agreement is in conflict with the RFP or response, the Agreement will

control.

6. Financial Status

a. The Park reserves the right to require the Selected Proposer to provide the Park with

unrestricted access to their financial records, as they relate to the operation of a horse riding

and/or horse stable concession. All Proposers shall make available, upon request, current

audited financial statements that reflect the assets and liabilities of the Proposer. This is required

in order to determine if the Selected Proposer has adequate resources to operate and maintain

the concession. The failure or refusal to provide this information within five (5) business days after

requested, may be sufficient grounds to reject a Proposal.

b. If this is a new business entity created for the purpose of responding to this RFP, then the

following information must be made available upon request to support the financial ability as it

relates to the operation of a horse riding or horse stable concession:

(i) Names and addresses of all individuals with a five percent (5%) or more interest in

outstanding shares or ownership interest.

(ii) Financial statements of each individual identified above.

(iii) Tax returns for three (3) years for each individual identified above.

c. By submitting a Proposal in response to this RFP, the Selected Proposer agrees to provide the

Park, in writing, with any relevant information requested if the Proposer becomes involved as a

debtor: (Exhibit H – Litigation, Claims or Judgments)

(i) In a bankruptcy proceeding.

(ii) In a reorganization, dissolution or liquidation proceeding.

(iii) If a trustee or receiver is appointed over all or a substantial portion of the property of

the Proposer under federal bankruptcy law or any state insolvency law.

7. Competition, Non-Collusion and Conflict of Interest

The Proposer expressly warrants and certifies so as not to foster a noncompetitive business

environment:

a. That neither the Proposer, its employees, or associates, either by themselves or through

an LLC, partnership, corporation, or any other entity, currently possesses any commercial

interests adjacent to or near the Park that will compete with major recreational amenities

currently being offered.

b. That neither the Proposer nor its employees or associates has directly or indirectly

entered into any Agreement, participated in any collusion, or otherwise taken any action

in restraint of free competitive bidding in conjunction with this Proposal.

c. That the Proposer is not under any contractual or legal obligation or impediment

which could or would conflict with the duties and obligations that will be imposed upon


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a Selected Proposer to manage, operate and maintain a horse riding or horse stable

concession for the benefit of Park and the users of that horse riding or horse stable

concession.

8. Inquiries

Should there be a discrepancy, omission, or any questions pertaining to the RFP, notify the

Director of Strategic Operations in writing, at the address below, or by email, not later than five

working days prior to the date for receiving Proposals. As such, the latest date and time for

submitting requests for addenda shall be on Monday, September 17, 2012 at 5:00 pm (Central

Standard Time). The Park is not bound by any oral statements or representations. All questions

concerning the interpretation of this document shall be in writing and addressed to:

Linda Brashear




Memphis

Tennessee 38134

[email protected]

9. Award of Agreement

a. The award of any Lease Agreement will not be based solely or primarily on revenue,

but will include the evaluation criteria listed in the RFP.

b. The Selected Proposer(s) must negotiate a final Agreement with the Park within thirty

(30) days of selection. An extension of this thirty (30)-day period may be granted, in

writing, by the Director of Strategic Operations.

The Park will negotiate only with principals or agents of the disclosed principals that are

expressly designated in writing by the Selected Proposer(s).

c. If the negotiation process does not produce a final Agreement with the primary

selected Proposer, the Park will negotiate with alternate selections under the same

constraints and in order of preference.

d. The final Agreement may include modifications to the extent necessary, without

significantly changing the Scope of the Proposal, to arrive at a mutually acceptable

Agreement between Park and the Selected Proposer. Any deviations from the proposed

Agreement, or any alternative or special REQUEST FOR PROPOSAL - HORSE RIDING AND

HORSE STABLE CONCESSION

conditions required by the Selected Proposer, should be clearly stated in the Proposal

submitted.

e. The Agreement will be forwarded to SFPC Executive Director for final approval.

Instructions for Preparing the Proposal

Proposers are to provide one (1) original and one (1) copies of their Proposal. All copies will be

clearly marked as to being an original or copy.

Proposers are required to provide one (1) electronic version of their Proposal with the original

document.

Proposers are to address Proposals, identified with title and return address, to:

Linda Brashear




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Memphis

Tennessee 38134

[email protected]

Format and Content

1. The Proposal submitted must be specific and complete in every detail. They should be

practical; prepared simply and economically; and provide a straightforward, concise

delineation of how Proposer will satisfactorily perform the services being sought.

2. To aid in the evaluation, all Proposals will follow the general format listed below; will be

tabbed; and each copy will be presented in its own 3-ring binder.

a. Table of Contents.

b. Short introduction and summary as to how the proposal will accomplish the scope

and intent of this RFP.

c. Narrative.

Provide a narrative as to all aspects of the Proposal. As a minimum, items to be

discussed in detail are:

(i) Description of the horse riding concession and horse stable concession to

include how it will supplement the existing recreation concessions currently

located in the Park. Identify the “target audience” to whom concessions will be

directed.

(ii) Elaborate on the uniqueness of your Proposal. Include any applicable

experience with riding and/or stable concession.

(iii) Identify any special areas, issues or concerns to be considered by the Park

that may impact negotiation of a successful Agreement. Examples of these

areas include, but are not limited to: utilities, environmental, health or safety

concerns.

(iv) For boarding and facility proposal, elaborate on your applicable experience,

if any, with the building and planning of facilities, and the permitting process with

the City of Memphis, and Shelby County.

Exhibits to be Included

Proposals will include the following Exhibits:

Exhibit A - Contact Person - Provide the name and address of the Proposer for purposes of

notification or other communication relating to the Proposal. Proposals must be signed by a

business entity official who has been authorized to make such commitments.

Exhibit B - References - Provide three (3) governmental agencies or private firms with whom you

have conducted business transactions during the past three (3) years. At least two (2) of the

references named are to have knowledge of your debt payment history.

Exhibit C - Principals - Enumerate, in detail, the duration and extent of the business experience of

the principals, with special emphasis upon experience with horse riding or horse stable

concession construction, operation, management and maintenance to which this Proposal

relates. You are encouraged to include photographs, videos or any other graphic presentations

to demonstrate “like” complexes or other horse riding or horse stable concessions for which you

have managed, operated and maintained.

Exhibit D - Operations Plan - Describe in detail your operations plan. Include hours of operation,

days of operation and number of months, to include the proposed months, per Calendar Year

that the horse riding concession will be open; include hours of operation, days of operation and

number of months, to include the proposed months, per Calendar Year that the horse stable

concession will be open; proposed fees; number of persons working at the concession and their

job functions. Be sure to include the proposed major programs or services you intend to provide.


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Describe any participation in community sponsored events (e.g. special events for

disadvantaged children).

Exhibit E - Marketing Plan - Provide information describing how you intend to market the

concession. This statement should provide the Park with a clear understanding of any unique

qualities of the Proposal.

Exhibit F - Demonstration of Environmental Excellence - Describe the experience of your

organization in demonstrating excellence in environmental protection including preservation

principles, methods, and techniques. Include knowledge of environmental laws as they apply to

operation of the horse riding or horse stable concession.

Exhibit G - Additional Services - Describe any additional services or programs which you desire to

provide.

Exhibit H - Litigation, Claims or Judgments - Provide detailed information of any type of litigation,

judgments, claims, or governmental investigations (previous or pending) involving any principal,

participant, individual financial backer or investment group, or legal business entity associated

with this Proposal.

Exhibit I - Previous Performance - Provide a brief summary of your past performance and

evaluation on any prior or closely related park agreement.

Exhibit J - Fee Schedule - State your proposed fee schedule to be paid to the Park.

Exhibit K - Maintenance Program – Describe, in general, your overall maintenance program for

the respective concession and ancillary facilities, to include trail maintenance. This statement

should provide the Park with a clear understanding of any unique qualities of the Proposal to

include projected percentage of Adjusted Gross Receipts to be designated for annual

maintenance.

Exhibit L - Capital Improvement - Describe in detail your proposed plan for addressing Capital

Improvement items. Any capital improvements will revert to Shelby County at the conclusion of

the agreement.

Exhibit M - Financial Plan -

a. All Proposers shall make available a financial plan outlined in Section 6 - RFP Guidelines and

Process within five (5)-days of being requested by Park.

c. Include a financing plan specifying how the Proposal will be financed. Also include

documentation supporting the internal availability of equity funds to finance any part of your

Proposal not financed with debt.

Exhibit O – Construction Timeline – Detail the anticipated timeline for initial planning, permitting

and construction of any changes and improvements to the proposed concession. Clearly

identify your projected operational date, to the Park. Repeat the same process as above for

subsequent development phases as may be outlined in the Proposal.

Evaluation and Approval Process

Proposals will be evaluated by SFPC staff with support from advisory committees. The evaluation

and approval process is comprised of the following steps:

Step 1: Review of all Proposals for conformance to this Request for Proposal.

Step 2: The elimination of all Proposals which deviate substantially from the basic intent of the

solicitation and notification to Proposer.

Step 3: An evaluation of the remaining Proposals. The Park may seek the support of a volunteer

advisory committee.

Step 4: If required, presentation(s) of Proposals by Proposers.

Step 5: Selection of Proposals (and possible alternate Proposals) to negotiate an Agreement.

Step 6: Negotiation and finalization of the Agreement by the Park and the selected Proposer(s).

Step 7: Present the Agreement to the SFPC Executive Director for approval.

Step 8: Notification to non-selected Proposers after approval of the Agreement by the SFPC

Executive Director.


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Evaluation Selection Factors

The following factors or categories will be considered in the evaluation of individual proposals:

1. Completeness of the Proposal

Response to RFP provisions to include the Proposer’s references; experience; and presentation (if

required).

2. Management, Operation and Maintenance Plan

a. Management qualifications.

b. Operations plan.

c. The financial strength and capability of the Proposer.

d. The maintenance plan and capital improvements.

e. Percentage of revenue set-aside for maintenance.

f. Percentage of revenue set-aside for CIP.

3. Revenue

a. Percentage or monthly fee proposed to Park.

b. Annual guaranteed minimum to Park, if a shared revenue model is presented.

4. Overall

a. Overall strength of the Proposal.

b. Previous performance.

Schedule of Events

Unless stated otherwise in the RFP, all dates are approximate and are to be used for

planning purposes only.

a. Request for Proposal Released: Thursday, 13 August 2015

b. Deadline for Submission of Proposals: Monday, 14 September 2015. All Proposals must be

received before 4:30 pm (Central Standard Time) on the above date at Shelby Farms Park

Conservancy, 6489 Mullins Station Road, Memphis, Tennessee, 38134

c. Approximate Dates for completion of Review of Proposals: Within fifteen (15) days of

submission of Proposals.

d. Approximate Date of Proposer’s Presentations (if necessary): Within ten (10) days of

completion of review of Proposals.

e. Approximate Date of Negotiations being completed with the Selected Proposer: Within

twenty (20) days of deadline for proposal.

f. Approximate Date of SFPC Executive Director to Approve the Agreement: Within twenty five

(25) days upon successful negotiation of an Agreement.

Information about Shelby Farms Park

The Proposers are encouraged to visit the Shelby Farms Park Conservancy website at

www.shelbyfarmspark.org for general information about the Park, and for specific masterplan

information. If further clarification is needed, the Proposers should contact Linda Brashear,

Director of Strategic Operations, 6489 Mullins Station Road, Memphis, Tennessee, 38134; Phone

901.222.7276; or via email [email protected] or Kate Phillips, Manager of Facilities

Sales, Phone 901.222.7299 or [email protected]

Documents

REQUEST FOR PROPOSAL - HORSE RIDING AND … · REQUEST FOR PROPOSAL - HORSE RIDING AND STABLE CONCESSION Scope and Intent Shelby Farms Park Conservancy, ... due to safety reasons