242546MN_Parts_I,_II,_Insurance_12.21.23.pdf

INVITATION FOR BIDS (“IFB”) - PART I

IFB Part I Revised 10/11/23 Page 1 of 5

IFB #: 242546MN

IFB TITLE: CRTO CONCESSIONAIRE - TED SPERLING PARK LOT ID A2

1.0 PURPOSE

Sarasota County (“County”), a political subdivision of the State of Florida, will receive bids on the date indicated in OpenGov Procurement (“OpenGov”), the County’s electronic procurement portal, for the purpose of selecting a Commercial Recreation and Tour Operator (CRTO) to provide non-motorized water vessel activities at Ted Sperling Nature Park, as stated herein.

Bidders are required to comply with Part II, Scope of Services/Work Specifications.

A public bid opening will be held in accordance with Florida Statutes §255.0518. The public bid opening will take place on the bid end date and time listed in OpenGov, or as soon thereafter as possible. The location of the public bid opening will be posted on the County’s Calendar of Events.

2.0 BIDDER

2.1 For the purpose of this IFB, the term “Bidder” (also identified as “Offeror”) is defined as the legal entity submitting a bid and/or identified on the electronic bid submittal.

2.2 Bidders intending to submit a bid as a joint venture with another company must provide documentation attesting to the formation of that joint venture with their bid submittal. For purposes of this solicitation, all vendors who make up the joint venture will be considered together as the Bidder.

2.2.1. Bidders proposing to engage in construction contracting as a joint venture or partnership must apply for registration with the State of Florida, Department of Business and Professional Regulation and any other state or local licensing agencies, as required by Florida State Statute 489.119, prior to the date bids are due.

3.0 QUALIFICATIONS

3.1 Required Experience

3.1.1. Bidder must provide references demonstrating their

experience providing services as stated herein within the past five (5) preceding the submission deadline in OpenGov. A minimum of 3 references are required.

4.0 ALTERNATES

4.1 Unless otherwise specifically provided in Part II of this IFB, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a minimum standard of quality and shall not be construed as limiting

IFB Part I Revised 10/11/23 Page 2 of 5 competition.

4.2 If a bidder wishes to make a substitution in the specifications, the bidder shall furnish to the County the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution. Any such substitution shall be subject to County approval. Substitutions shall be approved only if determined by the County to be equivalent to the prescribed specifications.

4.3 To be considered, substitutions must be submitted to the Procurement Contact listed in OpenGov no later than the Question Submission deadline listed in OpenGov. Substitutions must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments. The County shall respond via addendum in OpenGov indicating whether the substitution has been approved or denied.

4.4 A bid containing a substitution that has not been approved by the County shall be disqualified

5.0 PRE-BID MEETINGS

All meetings and site visits will take place at the time, date, and location specified in the Solicitation Timeline posted in OpenGov.

6.0 SUBMITTAL INSTRUCTIONS

Refer to the Submittal Instructions section in OpenGov for instructions on how to submit a bid. Bidders are advised to review the General Terms and Conditions of Solicitations which are available in OpenGov.

7.0 SUBMITTAL DOCUMENTS

7.1 Vendor Questionnaire

All bidders must complete the required forms and information included in the Vendor Questionnaire section of OpenGov. Completed forms and other requested documents must be uploaded with bidder’s response in OpenGov. Bidders who fail to complete and upload required forms and documents or fail to provide responses to questions in the Vendor Questionnaire section of OpenGov may be found non-responsive.

7.2 Pricing

All bidders must complete the Pricing Table provided in OpenGov.

Bidders who fail to fully complete the pricing table in OpenGov may be found non-responsive.

8.0 AWARD

8.1 It is the intent of the County to award a contract to the responsive and responsible bidder submitting the highest price for Lot ID 2A. Unless otherwise noted, bidders must submit a price for every line item to be

IFB Part I Revised 10/11/23 Page 3 of 5 considered for award.

8.2 The awarded contract shall commence immediately upon execution by both the County and the Concessionaire (“Commencement Date”) and shall continue until February 28, 2025. The Agreement may be renewed for one (1) additional one-year period subject to written agreement by both parties.

8.3 Replacement Contracts

8.3.1. In the event the highest responsive and responsible selected Bidder for Lot ID 2A fails to perform the Contract as required, the County reserves the right to terminate or partially terminate such Contract and enter into a replacement contract with the next highest responsive and responsible Bidder for the lot who does not have a lot within the same group.

8.3.2. Replacement contract will be awarded at the rate submitted by the replacement Bidder.

8.4 In the event of a tie, the IFB tie-breaking procedures identified in the Sarasota County Procurement Manual will apply.

8.4.1. To be considered, tied bidders will be required to provide documentation certifying they have implemented a drug-free workplace program meeting the requirements stipulated in Section 287.087, Florida Statutes. Documentation must be provided within the time specified by the County at the time of request.

8.5 Preferences

Bidders wishing to be considered for Local Business Preference or American Business Preference must complete and submit a Local & American Business Certification Form with their submittal. The Local & American Business Certification Form can be found in the Vendor Questionnaire section of OpenGov.

In awarding this bid, preference shall be given to local businesses and American businesses in accordance with Section 2-215 of the Sarasota County Procurement Code.

Local and American business preferences do not apply in the award of this bid due to grant funding requirements

8.6 Contract

A draft of the contract that the successful bidder(s) will be expected to sign (a Concession Agreement) is posted on the Procurement website shown below. The County may, at its sole discretion, select a different contract type or make revisions to the one referenced above following the recommended award of this solicitation.

https://www.scgov.net/government/procurement/contract-templates

IFB Part I Revised 10/11/23 Page 4 of 5

9.0 PRICING

9.1 Concessionaire pricing submitted shall remain firm for the initial term.

9.2 As applicable, all trip charges, mileage, vehicle charges, travel time and labor are to be included in the hourly rate. Only time on the job site may be charged.

9.3 As applicable, estimated usage for each item is listed in the bid. This is an estimated figure only and no guarantee is made or implied as to the actual quantities that will be acquired under resulting contracts.

Quantities listed herein are subject to increase or decrease during the term of the contract. In either occurrence, the Offeror will perform the work at the unit price as bid. The County, at its discretion, may authorize an initial contract for a greater not-to-exceed amount than that submitted by the Bidder.

10.0 COUNTY WORKPLACE COMPLIANCE

10.1 Smoking – Smoking is not permitted inside any County facility. Smoking is restricted to designated smoking areas outside a facility.

10.2 Parking – The Bidder’s representatives shall abide by all parking restrictions. The Bidder’s vehicles are subject to the same restrictions, limitations, fines and tickets as posted for any other vehicle. Where time limit restrictions exceed the required time to provide services, arrangements shall be made in advance.

10.3 Alcohol/Drugs – Service personnel under the influence of alcohol and/or non-prescription drugs are not permitted to work in County facilities.

Any person known or thought to be under these influences will be escorted off County property.

10.4 Security - The Bidder must adhere to all Sarasota County security procedures. The Bidder’s work force shall be made up of persons legally authorized to perform work in the United States. The Bidder shall, at the County’s request, submit the following information for each of their employees: name, date of birth, social security number and green card (if applicable).

10.5 Identification - The Bidder shall require all employees to visibly wear identification while on County property. Said identification shall contain a color photograph of the employee, the name of the employee and the name of the company. The Bidder shall require all employees to wear a company uniform, which shall include the name of the employee and the company. Persons not conforming to this requirement may be denied access to the building. Denial of access does not alleviate the Bidder’s responsibilities herein.

IFB Part I Revised 10/11/23 Page 5 of 5

11.0 CONTINGENCY

Only applicable if this box is checked

If during the performance of construction or repair work, an unforeseen circumstance occurs that triggers an additional expense, a contingency of up to 10% may be allowed. Any use of contingency funds is subject to the written approval of the County project manager, and any unused contingency shall not be paid out as a part of any final payment.

PART II

SCOPE OF SERVICES

Prepared by Parks, Recreation and Natural Resources Dept. Part II - Page 1 of 5

1. OVERVIEW

A. The County desires concessionaire services to enhance the Vision and Mission of Parks, Recreation and Natural Resources:

i. VISION: A dynamic parks system that is essential to quality of life and enriches our community through participation, connection, and diverse recreational opportunities.

ii. MISSION: To provide clean, safe and inclusive parks with diverse opportunities for all.

B. In addition, the County aspires to accomplish the following program goals in the management of identified parks and delivery of services:

i. Manage and balance access for public and Commercial Recreation and Tour Operators (CRTO) alike.

ii. Provide clear guidelines.

iii. Protect, respect, and preserve our outstanding natural resources.

iv. Support natural resource-based recreational opportunities through environmental stewardship.

v. Promote visitors’ reconnections with the nature experience.

C. Commercial Recreation Tour Operator (CRTO) is defined as any person who is properly permitted that provides launches of non-motorized water vessel tours, water vessel rentals, lessons, or offers any other type of eco-tourism activity or programs from any Sarasota County owned or operated park, beach, or other property, and accepts compensation for such activity; any properly permitted person who rents non-motorized water vessels for pick up at a Sarasota County owned or operated park, beach, or other property.

i. A non-motorized vessel is defined as a water vessel propelled by paddles or oars, such as canoes, kayaks, rowing boats, paddleboards, inflatable boats, rafts, sculls, dories, and drift boats.

2. OPERATING PROCEDURES

A. Concessionaire shall provide CRTO services to the County per the current requirements of Sarasota County Parks, Recreation and Natural Resources (PRNR) Procedures and Guidelines for Commercial Recreation and Tour Operator (CRTO) Concessionaires Permit Medallion Program, attached and incorporated herein as

Prepared by Parks, Recreation and Natural Resources Dept. Part II - Page 2 of 5

Attachment A, and as may be amended by the County from time to time.

B. The CRTO program operates from two park locations: Ted Sperling Nature Park and Turtle Beach Park. The program is organized by Group Name (A and B) and by Permit Medallion Lot ID (A1-3 and B1-

3) with varying Lot quantities available as shown. All lots and permit medallions below are currently assigned, except for 20 permit medallions under Lot ID A2 (indicated in bold below).

This solicitation is only for the award of 1 lot consisting of 20 permit medallions under Lot ID A2, indicated with bold below.

CRTO PROGRAM: TOTAL PROGRAM PERMIT MEDALLIONS

Group Name Permit Medallion Lot ID Total Lot Quantities

Total Permit Medallions

A: Ted Sperling Nature Park

190 Taft Drive Sarasota, FL 34236 Operating Hrs: 9am-10pm

A1: 40 Medallions 2 80

A2: 20 Medallions

(2 assigned;

1 available)

(40 assigned;

20 available)

A3: 15 Medallions 2 30

B: Turtle Beach Park

8918 Midnight Pass Road Sarasota, FL 34242 Operating Hrs: 6am-Midnight

B1: 30 Medallions 1 30

B2: 20 Medallions 2 40

B3: 10 Medallions 2 20

Total Lots: 12 260

C. Concessionaire is required to purchase Permit Medallions at the start of the contract period (estimated March 1, 2024) and annually thereafter, subject to proration pending contract commencement date. Fifty percent of the total Permit Medallion cost shall be required within 10 days from the Contract’s effective date and the following 50% shall be due no later than 45 days later. Full payment for permit renewal shall be due no later than March 1 for the additional permit year.

3. CONCESSIONAIRE RESPONSIBILITIES

A. Concessionaire shall maintain and submit to the County an up-to-date list of guides employed by their company.

B. All Concessionaire employees shall be, at all times, easily identified for the company they represent including but not limited to an appropriate uniform shirt with a company logo.

Prepared by Parks, Recreation and Natural Resources Dept. Part II - Page 3 of 5

C. All Concessionaire employees shall be, at all times, the sole employees of the Concessionaire, under the Concessionaire’s sole direction.

D. Every Concessionaire crew must have at least one employee on site that can effectively communicate in English with the County staff and with the general public.

E. Concessionaire shall coordinate work so that there is minimal to no interruption to daily work at any location.

F. Concessionaire is responsible for any damage to County or third-party property caused by the Concessionaire or their employees.

Restoration shall be made to the County’s satisfaction.

G. Concessionaire is required to participate in performance and project report meetings as deemed necessary by the County.

H. Concessionaire shall comply with all applicable federal, state and local laws and regulations.

I. Concessionaire shall provide all personnel and equipment necessary to perform the services described herein.

J. Concessionaire shall submit participant numbers for both guided tours and rentals within system identified by PRNR, prior to scheduled use.

K. Concessionaire shall ensure conditions on the work site reflect good housekeeping and safety practices at all times. Concessionaire shall be responsible for all trash and debris disposal from the work site.

L. Concessionaire shall abide by all posted park rules, County Facility Rules and Commercial Recreation and Tour Operator (CRTO) Concessionaires Permit Medallion Procedures and Guidelines.

M. Concessionaire shall comply with trespass warnings and cooperate with the County for the enforcement of the park rules and the permit program.

4. INTERIM LOT SERVICE

A. Concessionaire may be requested to provide services in a lot in the event that another Concessionaire for that lot is unable to perform as required.

B. In the event the County assigns interim lot service work, the Concessionaire shall provide service for the rate provided in the Fee Schedule. The rate for annual services shall be prorated based on

Prepared by Parks, Recreation and Natural Resources Dept. Part II - Page 4 of 5 the number of months remaining in the year. To employ such services, the following process shall be followed:

i. The County shall determine the necessity for employing Concessionaire for interim lot services.

ii. The County shall provide a written request for services to existing Concessionaire in turn, including those under contract with the County pursuant to other solicitations, in order of highest to lowest price for the lot requiring work.

iii. Concessionaire shall accept or reject the County’s request in writing.

iv. If accepted, the Concessionaire will start providing services within 10 business days.

5. COMPENSATION

A. Ted Sperling Nature Center

i. Minimum Bid per Permit Medallion $500 + XXX% Bid of Monthly Gross Sales

B. Percentage based compensation (“Percentage Compensation”) shall be received by the County no later than the 20th of each month for the revenue generated in the preceding month. The County reserves the right to impose a late fee equal to $25.00 per day for payments received more than ten (10) days late. Checks shall be made payable to Sarasota County PRNR and delivered to the County's Administrative Agent (AA). Payments may also be processed by credit card through the AA.

6. SALES TAX REPORTING

A. As applicable, Florida State Sales Tax (Tax) is due on transactions pursuant to Florida Statutes and the Rules in Chapter 12 of the Florida Administrative Code, (FAC) promulgated by the Florida Department of Revenue.

B. Concessionaire shall submit by the 20th of each month, or as otherwise required by the County, a statement of operations showing daily gross sales from all categories of income for Ted Sperling Nature Park, in a form approved by the County.

Concessionaire shall also submit an attestation, in a form approved by the County, with each month’s statement of operations that the information pertaining to daily gross sales is true and correct.

C. Concessionaire shall provide copies of Quarterly Federal 941 returns, Prepared by Parks, Recreation and Natural Resources Dept. Part II - Page 5 of 5 and State RT-6 returns to the County, all evidenced by proof of payment of taxes due, if applicable.

(END OF PART II)

INSURANCE REQUIREMENTS

CONTRACTOR’S INSURANCE

Contractor shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverage (including endorsements) and limits as described herein. These requirements, as well as the County’s review or acceptance of insurance maintained by Contractor, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract.

Insurance requirements itemized in this Contract and required of the Contractor shall extend to all subcontractors to cover their operations performed under this Contract.

The Contractor shall be responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VII or better.

Each insurance policy required by this Contract shall apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability.

The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Contract and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject.

Contractor shall furnish Certificates of Insurance to the County Administrative Agent evidencing the types and amounts of coverage, including endorsements, required by this Contract prior to commencement of work and prior to expiration of the insurance contract, when applicable. Such Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day notice of cancellation (10 days for non-payment of premium) or non-renewal of coverage. Notwithstanding these notification requirements, the Contractor will be required to provide County with 5-day prior written notice of any policy cancellation or non-renewal.

The County reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. County reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally.

A. WORKERS’ COMPENSATION: Contractor agrees to maintain Workers’ Compensation insurance in accordance with Florida Statutes, Chapter 440.

Employers Liability to be included with a minimum limit of $500,000.00 per accident/per disease/per employee. If work is to be performed over or adjacent to navigable water and involves maritime exposure, applicable LHWCA, Jones Act, or other maritime law coverage shall be included.

In the event the Contractor has “leased” employees, the Contractor or the employee leasing company must provide evidence of a Workers’ Compensation policy for all personnel on the worksite.

INSURANCE REQUIREMENTS

Contractors who are exempt from Florida’s Workers’ Compensation law must provide proof of such exemption issued by the Florida Department of Financial Services, Bureau of Workers’ Compensation.

B. COMMERCIAL GENERAL LIABILITY: Contractor agrees to maintain Commercial General Liability per ISO form CG0001 or its equivalent, including but not limited to coverage for premises and operations, personal injury, products & completed operations, liability assumed under an insured contract, and independent contractors with limits of not less than $1,000,000.00 each occurrence, $2,000,000.00 aggregate covering all work performed under this Contract.

Contractor agrees to endorse Sarasota County Government as an additional insured on the Commercial General Liability coverage.

C. BUSINESS AUTOMOBILE LIABILITY: Contractor agrees to maintain Business Automobile Liability with limits not less than $500,000.00 combined single limit for each accident covering all Owned, Non-Owned & Hired automobiles used in the performance of this Contract. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

If the Contractor is shipping a product via common carrier, the contractor shall be responsible for any loss or damage sustained in delivery/transit.

D. MARINE LIABILITY (PROTECTION & INDEMNITY): Contractor agrees to maintain Protection and Indemnity insurance covering any vessels used in performance of services under this contract with limits not less than $1,000,000 each occurrence. Sarasota County is to be included as an additional insured.