252785MN_Project_Documents.pdf

INVITATION TO NEGOTIATE (ITN) – PART I

ITN Part I Revised 03/05/25 Page 1 of 8

ITN #: 252785MN

ITN TITLE: 17TH STREET REGIONAL PARK CONCESSION SERVICES

1.0 PURPOSE

Sarasota County (“County”), a political subdivision of the State of Florida, will receive replies on the date indicated in OpenGov Procurement (OpenGov), the County’s electronic procurement portal, for the purpose of selecting a qualified respondent to provide management and operation of the 17th Street Regional Park concession areas. Respondents are required to comply with Part II, Scope of Services.

OpenGov is located at https://procurement.opengov.com/portal/scgov

2.0 BACKGROUND

Sarasota County is constructing 17th Street Regional Park, a new athletics and recreation complex combining former parkland, the Miss Sarasota Softball site, and adjacent county property. Phase 1, covering approximately 95 acres, is scheduled for completion in 2026 and will include eight youth softball fields, three adult softball fields, and four multipurpose synthetic turf fields with supporting amenities such as concessions, restrooms, shaded seating, and parking. The park is designed for year-round community play and regional tournaments, creating a consistent demand for concession services.

3.0 RESPONDENT

3.1 For the purpose of this ITN, the term “Respondent” is defined as the legal entity submitting a response.

3.2 Respondents intending to submit a response as a joint venture with another company must provide documentation attesting to the formation of that joint venture with their response. For purposes of this solicitation, all vendors who make up the joint venture will be considered together as the Respondent.

4.0 QUALIFICATIONS

4.1 The Respondent must demonstrate experience providing and operating concession services, food service, restaurant, or hospitality services within the past five years.

5.0 MEETINGS & SCHEDULE

An anticipated schedule is provided in the Timeline posted in OpenGov. All meetings will take place at the time, date, and location specified in the solicitation Timeline. Short-listed Respondents should be prepared to attend presentations and/or interviews either in Sarasota, Florida or virtually, at the County’s discretion.

https://procurement.opengov.com/portal/scgov

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6.0 SUBMITTAL INSTRUCTIONS

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

7.0 VENDOR QUESTIONNAIRE

7.1 All Respondents 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 Respondent’s submittal in OpenGov. Respondents 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.

8.0 WRITTEN RESPONSES

The information requested in each section below will be used by the evaluation committee to evaluate and score written responses. All submittal documents must be submitted in the Vendor Questionnaire section in OpenGov in the format requested.

8.1 Qualifications

8.1.1. Single page Letter of Interest summarizing Respondent’s qualifications.

8.1.2. Resumes of key personnel, including subcontractors, demonstrating individual qualifications and experience.

8.2 Experience

8.2.1. Narrative – Provide a narrative that describes the

Respondent’s experience, including, but not limited to the number of years in business, pertinent capabilities, and evidence of experience and resources necessary to successfully provide the requested services.

8.2.2. Foodservice Operations List - Provide a list of foodservice establishments the Respondent has operated, along with a description of the operation. For establishments operated with the Respondent as vendor to a public entity, provide contact information for that entity.

8.3 Approach

8.3.1. Approach to Operations - Provide a comprehensive project approach detailing proposed Concession services including suggested day and hours of operation. Project approach should detail any concept(s) related to the concession operation, how services will be delivered which shall include food and beverage, the proposed food, beverage, and other

ITN Part I Revised 03/05/25 Page 3 of 8 services provided, days and hours of operation, and anticipated resources, including staffing levels, technology and equipment should be provided.

8.3.2. Food Service Concept - Provide details pertaining to food service operation including sample menu(s) and proposed pricing of food and beverage items.

8.3.3. Organization – Provide an organizational chart identifying all key personnel and their role in providing the requested services.

8.4 Compensation

Respondent shall submit a revenue sharing proposal indicating a monthly flat fee and a monthly percentage of the gross sales that would be paid to the County.

The proposed compensation plan shall serve as the starting point for developing a final plan, to be negotiated between the County and the successful Proposer.

9.0 SELECTION PROCESS

9.1 Written Responses

9.1.1. All timely responses meeting the criteria set forth in this ITN shall be considered by the County.

9.1.2. Written responses will be evaluated and scored using the evaluation criteria in the Evaluation Criteria section of OpenGov.

9.1.3. Only respondents who submit required documentation will be eligible to receive Local and American Preference points.

Score Description

5 Excellent

4 Very Good

3 Good

2 Satisfactory

1 Unsatisfactory

0 N/A

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9.1.4. When evaluating written responses, the evaluation committee will use the scale below to score each criterion. Only whole numbers are to be used when scoring. Scores will be given weight as indicated in the evaluation criteria in OpenGov.

9.2 Presentations

9.2.1. If any member of the evaluation committee requests

presentations, presentations shall be scheduled.

9.2.2. If presentations are requested or required, the evaluation committee shall determine the number of Respondents to be short-listed for presentations prior to scoring. The format of presentation will be determined by the County and may consist of presentations, interviews, or a combination of presentations and interviews.

9.3 Ranking

Following presentations, the evaluation committee will rank the short-listed respondents. The ranking shall be based on the written responses, clarifications (if any), and information presented during presentations.

9.4 Evaluation Committee Recommendation for Negotiations

9.4.1. If presentations are not requested or required, the evaluation committee will recommend the highest scoring Respondent for negotiations, or may determine, in its sole discretion, to enter into concurrent or sequential negotiations with any or all of the short-listed respondents. Such a determination shall be made prior to scoring.

9.4.2. If presentations are requested or required, following

presentations the evaluation committee will rank the short-listed Respondents, and recommend the first ranked Respondent for negotiations, or may determine, in its sole discretion, to enter into concurrent or sequential negotiations with any or all of the short-listed Respondents. Such a determination shall be made prior to the ranking.

10.0 NEGOTIATIONS

10.1 Sole Negotiator or Negotiation Team

10.1.1. Negotiations shall be conducted with Respondents

recommended by the Evaluation Committee by either a sole negotiator or a negotiation team, as determined by the County. As used herein, the term “Negotiator” shall mean either the sole negotiator or a negotiation team.

10.1.2. After the initial negotiation session(s) with the shortlisted Respondent(s), the Negotiator in its sole discretion shall determine whether to hold additional negotiation sessions and

ITN Part I Revised 03/05/25 Page 5 of 8 with which Respondent(s) it will negotiate and whether to negotiate concurrently or sequentially.

10.2 Goal of Negotiations

10.2.1. Negotiations are intended to enable the County to determine which Respondent presents the best value, whether and with whom it will contract with, and to establish the principal terms and conditions of such contract.

10.3 Reserved Rights

10.3.1. The County reserves the right to negotiate concurrently or separately with one of more of the competing Respondent, to combine competing responses, and to finalize or terminate the negotiations process at any time if the County determines such action is in its best interest for any reason.

10.3.2. All negotiations shall be conducted in the manner, time, place and scope as determined in the County’s sole discretion.

10.3.3. The County shall have the right, in its sole discretion to select from among the short-listed Respondents for negotiations or may in its sole discretion revisit Respondents not short-listed in the event negotiations with short-listed Respondents are unsuccessful . No short-listed Respondent shall have the right to participate in negotiations if not selected to do so by the County.

10.3.4. No Respondent selected for negotiations shall have the right to present supplemental or alternative replies or terms, except as expressly provided herein or as expressly requested and approved by the Negotiator and/or Procurement in writing during the negotiation process. No Respondent shall have the right to present a best and final offer, unless directed by County in its sole discretion.

10.3.5. The County, through the Negotiator, reserves the right at any time during the negotiation process to:

1. Schedule additional negotiating sessions with any or all responsive Respondents.

2. Require any or all responsive Respondents to provide additional revised or final written Responses addressing specified topics.

3. Require any or all responsive Respondents to provide a written best and final offer.

4. Require any or all responsive Respondents to address services, prices, or conditions offered by any other Respondent.

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5. Pursue a contract with one or more responsive Respondents for the services encompassed by this solicitation, any addenda thereto, and any request for additional revised or final written replies or request for best and final offers.

6. Arrive at an agreement with any responsive Respondent, finalize principal contract terms with such Respondent and terminate negotiations with any and all other Respondents, regardless of the status of or scheduled negotiations with such other Respondents.

7. Decline to conduct further negotiations with any Respondent.

8. Reopen negotiations with any Respondent.

9. Take any additional administrative steps deemed necessary in determining the final award, including additional fact-finding, evaluation or negotiation where necessary and consistent with the terms of this solicitation.

10. Review and rely on relevant information contained in the Response received pursuant to this ITN.

11. Review and rely on relevant portions of the evaluations conducted pursuant to this ITN.

12. The County has sole discretion in deciding whether and when to take any of the foregoing actions, the scope and manner of such actions, the responsive Respondent or Respondents affected and whether to provide concurrent public notice of such decision.

11.0 AWARD

11.1 It is the intent of the County to award a contract to the Respondent who, in the sole opinion of the County is most qualified to provide the scope of services required and will provide the best value to the County.

11.2 The Negotiator will develop a recommendation as to the award that will provide the best value to the County based on the selection criteria. In so doing, the Negotiator is not required to score the Respondents, but will base its recommendation on the foregoing selection criteria. Any score or rank from the selection phase shall not carry over into negotiations and the Negotiator shall not be bound by those scores or rankings.

11.3 The County reserves the right to contract for a term less than or greater than the duration indicated in OpenGov.

11.4 The successful Respondent shall be required to submit proof of licenses or certifications as required by the County.

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11.5 In the event of a tie, the RFP tie-breaking procedures identified in the Sarasota County Procurement Manual will apply. To be considered, tied Respondents 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.

11.6 Contract

A draft of the contract that the successful Respondent(s) will be expected to sign (a Concession Agreement) is posted on the Procurement website, shown below. The County may, in 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

12.0 CHANGES IN KEY PERSONNEL

12.1 A change in the key personnel of a short-listed firm after the submission of the response to this ITN could result in reconsideration of the scoring of applicable evaluation criteria, at the sole discretion of the County.

12.2 Any changes in the key personnel of a short-listed firm should be brought to the attention of the County as soon as possible after the change is made. The changes, the reasons for the changes, and resumes for the individuals being substituted for an individual identified in the response, must be submitted, prior to oral presentations, to the Procurement Analyst identified on the Solicitation Summary.

12.3 Decreases in scoring may result from the reconsideration of changes in the key personnel of a short-listed firm. No increases in scoring will result from the reconsideration of changes in the key personnel of a short-listed firm.

12.4 After award of a contract, the successful Respondent shall not be allowed to substitute key personnel named in this response, including subcontractors, without the prior written permission of the County.

Substitution may, in the sole opinion of the County, be grounds for cancellation of selection, or termination of contract.

13.0 LETTER OF BONDABILITY

13.1 The firm’s proposal must provide either a letter of bondability in the amount of $10,000 or a Letter of Credit from a bank to ensure that they can satisfactorily execute the services, if awarded a Contract.

13.2 Execution of Bonds and Power of Attorney

13.2.1. If the successful Respondent is a partnership, each bond should be signed by each of the individuals who are partners;

if a corporation, the bonds should be signed in the correct https://www.scgov.net/government/procurement/contract-templates

ITN Part I Revised 03/05/25 Page 8 of 8 corporate name by a duly authorized officer, agent or attorney-in-fact. The appropriate number of bonds should be executed to correspond to the number of signatories to the contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of power-of-attorney or other certification of authority where bond is executed by agent, officer or other representative of successful Bidder or surety;

(c) duly certified extract from by-laws or resolutions of Surety under which power-of-attorney or other certificate of authority of its agent, officer or representative was issued.

13.2.2. Attorneys-in-fact who sign bid bonds or performance and payment bonds must file with such bond a certified copy of their power-of-attorney to sign such bonds. Attorneys-in-fact must place name, address, and telephone number on this certificate.

PART II

SCOPE OF SERVICES

Revised 10/07/20 Part II - Page 1 of 11 Prepared by PRNR Department

1. CONCESSION AREA

A. Facility Overview

i. The 17th Street Regional Park (Park) is a new facility that is part of the North County Athletic Facilities Master Plan and expected to open in Fall 2026. The Park is located at 4730 17th St., Sarasota, FL 34235. The new facility will encompass:

a. Eight (8) fast-pitch softball fields

b. Seven (7) slow-pitch softball fields

c. Four (4) artificial turf multipurpose fields

ii. The Park will host practices and games for youth and adult leagues, schools, and other local sports organizations; local, regional, and national tournaments; team training; and other athletic events.

iii. The Concession Areas are depicted in the floor plan drawings provided in Attachment A – Concession Areas.

iv. Conceptual renderings of the Park are provided in Attachment B – Renderings. These are for illustrative purposes only; final design, layout, and materials are subject to change.

B. Main and Satellite Concession Areas

i. The Main Concession Area is intended to support operations of the Satellite Concession Areas.

C. Equipment

i. Each Concession Area is equipped as shown in Attachment C – Equipment List.

ii. The Main Concession Area is equipped with a full-service cooking kitchen with a commercial hood and fire suppression system.

iii. Satellite 1 and 2 Concession Areas shall be limited to onsite food preparation as designated within their respective spaces.

D. Additional Equipment

i. Concessionaire must provide, at its own expense, all additional equipment necessary for operations. Upon contract termination or expiration, Concessionaire may remove such equipment but must repair any damages caused by removal and restore County property to its original condition.

E. Condition of Premises

i. Concessionaire accepts the Concession Areas in “AS IS” condition. County will not make or pay for, and is under no obligation to make or pay for any structural or other alterations, decorations, additions, or improvements in or to the Concession Areas, unless otherwise specifically provided herein.

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F. Sales Limitations

i. Sales outside the Concession Areas but within the Park boundary are prohibited, unless expressly permitted by the County in writing.

G. Permitted Use

i. Concessionaire shall use the Concession Areas solely for the purposes stated herein.

H. Parking

i. Concessionaire and its staff shall have exclusive use of three (3) marked parking spaces at a mutually agreeable location, and non-exclusive use of other available parking areas.

2. BUILDING ACCESS

A. The County shall have access to all Concession Areas to perform repairs, maintenance, and/or inspect any repairs and/or maintenance performed by Concessionaire.

B. Concessionaire shall be provided with keys as required to facilitate access to the Concession Areas. Concessionaire shall be required to sign an acknowledgment for each key issued and shall maintain a record of any keys issued to others. It shall be the responsibility of Concessionaire to issue keys to, and retrieve keys from, its employees as necessary. Lost or stolen keys must be reported promptly to the County, and Concessionaire may be charged a fee for each lock required to be re-keyed, as applicable.

C. Exterior doors to the Concession Area(s) shall be kept locked when not in use.

3. DESCRIPTION OF BASIC OPERATIONS

A. Minimally Required Operations

i. Concessionaire shall begin operations on a mutually agreed-upon date with the County, but no later than sixty (60) calendar days from the executed Agreement.

ii. Concessionaire shall operate in a manner that respects and preserves the environmental, historical, recreational, and cultural aspects of the site, as applicable.

iii. Concessionaire shall obtain all required food service and retail beverage license(s) from the Florida Department of Business and Professional Regulation (DBPR) within thirty (30) calendar days of Agreement execution, and in all cases prior to commencing operations.

iv. Concessionaire shall comply with all applicable health department, local, and state laws governing food preparation and service. The County shall be notified within twenty-four (24) hours of any inspection(s), and Concessionaire shall provide a copy of any resulting reports.

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B. Operating Hours:

i. The Main Concession shall be open with full menu offerings when the fast-pitch facilities have more than fifty percent (50%) of its fields booked.

ii. Satellite Concessions shall be open with limited grab-and-go offerings when the multipurpose and/or slow-pitch facilities have one hundred percent (100%) of their respective fields booked.

iii. Concessions at all locations shall be open during all special events and tournaments.

iv. Concessionaire shall open a minimum of one (1) hour prior to the first scheduled practice, game, or event and remain open until the last scheduled practice, game, or event has concluded.

v. Concessionaire will be provided with a detailed game schedule prior to the start of any tournament or event.

vi. Operating hours may be adjusted at the discretion of the Park Manager or designee.

vii. In the event of game or event delays, Concessionaire shall use reasonable efforts to keep the Concession Areas open until the last scheduled game, factoring in the value of customer service, available staffing, and without adversely impacting next-day operations. All game or event schedule updates will be communicated to Concessionaire throughout the day.

viii. County will provide Concessionaire with a facility booking report, subject to change if events are canceled or additional events are added, projecting the upcoming use of the Park at an agreed-upon frequency. County will endeavor to notify Concessionaire of tournaments or special events a minimum of thirty (30) days in advance.

ix. Concessionaire shall maintain staffing levels sufficient to meet customer demand, recognizing that recreational league play may differ from sports tourism tournaments and events.

C. Food and Beverage

i. Concessionaire shall offer a variety of food and beverage items for adults and children, including healthy alternatives and/or specialty dietary options. A current menu shall be provided to the County and kept up to date.

ii. Concessionaire shall not sell chewing gum, gummy-related candy, sunflower seeds, or shelled nuts.

iii. Concession staff shall be knowledgeable, to the best of their ability, regarding potential food allergens in their product offerings and appropriate responses to customer inquiries on food allergens.

iv. Prices shall be reasonable and representative of similar products/services in the local area. All costs associated with procurement, preparation, Revised 10/07/20 Part II - Page 4 of 11 packaging, transportation, and sale of food and beverage items shall be the responsibility of Concessionaire.

D. Retail Operations

i. Concessionaire may, at its discretion, offer sundry items that support and enhance the visitor and participant experience.

ii. Items for sale may be subject to County approval.

iii. Retail items shall be displayed in an orderly and pleasing manner and sold within designated Concession Areas or in other Park areas with prior County approval.

4. DESCRIPTION OF ADDITIONAL OPERATIONS

A. Operational Considerations

i. Concessionaire shall notify County immediately by email if there is an intention to close Concession Areas for any reason other than inclement weather.

ii. If Concessionaire closes during posted operating hours, signage shall be posted describing the closure and indicating when operations will resume.

iii. If Concession Areas close temporarily due to passing inclement weather, all efforts shall be made to reopen for the remaining operating hours.

iv. Concession Areas may close for “Severe Weather Warnings” issued by the National Weather Service, including lightning, tornadoes, hail, or flash flooding. All efforts shall be made to reopen upon expiration of the warning.

v. Concession Areas may close for health, structural, or related hazards where human health or safety is a concern.

vi. If closure extends beyond three (3) days and is not the fault of Concessionaire, parties may negotiate a pro-rated reduction in Concessionaire’s payment to County.

vii. Concessionaire shall comply with all rules and laws governing food preparation and service as set forth by the Health Department and state/local laws.

viii. County may require removal of any promotional signage or branding that it deems unsuitable for concession operations.

B. Sustainability Considerations

i. Concessionaire shall conduct operations in a manner that mitigates environmental impacts and complies with all applicable regulations and ordinances relating to natural resource protection.

ii. Unless specifically approved otherwise by County, all chemicals used shall be Green Seal Certified. The Green Seal Certification must appear on each container.

iii. Concessionaire shall not utilize the following products:

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a. Glass bottles

b. Styrofoam (polystyrene)

c. Plastic bags for sundries or food service

iv. County recommends that Concessionaire:

a. Utilize eco-friendly alternatives to single-use plastics in utensils, serving products, and packaging.

b. Implement additional sustainable best practices where feasible.

C. Additional Service Opportunities

i. If County determines that additional concession-related services are desirable and Concessionaire is qualified to provide them, County may extend the opportunity to Concessionaire. If Concessionaire does not accept in writing within five (5) business days, County may contract with another party.

ii. Concessionaire shall have the right of first refusal to provide temporary concession services at Adult Softball Satellite Concession Areas as shown in Attachment A, subject to agreement with Park Manager or designee.

iii. Concessionaire may request expanded temporary service locations to support high-use league play, special events, or tournaments. Requests must be submitted in writing at least fifteen (15) calendar days in advance for County consideration.

iv. County may request Concessionaire to provide additional mobile vending to support large-scale events at the Park. County will endeavor to provide at least thirty (30) calendar days’ notice.

v. Concessionaire’s written proposal(s) for additional expanded and /or requested services must include frequency, description, and potential earned income.

vi. County reserves the right to revoke authorization for additional service opportunities at any time.

vii. Concessionaire shall obtain all required licenses for any additional services and must provide proof of such licenses to County prior to commencement.

viii. County reserves the right to refuse any proposed expanded services.

ix. County may permit additional vendors to provide goods and services that enhance visitor experience. Such goods/services shall not conflict with Concessionaire’s approved menu.

x. Alcohol service may be permitted upon County request. Concessionaire may sell beer and/or wine after obtaining required licenses/certifications and establishing a written alcohol service policy. A copy of the policy shall be provided to County upon request by the following business day.

D. Cleaning and Maintenance

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i. Concessionaire shall maintain all Concession Areas in a clean, orderly, and aesthetically pleasing condition.

ii. Concessionaire shall transport waste products to on-site dumpsters nightly or as needed. Cardboard must be recycled.

iii. Concessionaire shall cleanse, disinfect, deodorize, and fumigate Concession Areas regularly. All chemicals shall be used in accordance with manufacturer’s specifications. Aerosols and acid-content chemicals are prohibited unless otherwise approved by County. Cleaning chemicals must not negatively impact indoor air quality.

iv. Concessionaire shall be responsible for grease interceptor maintenance in compliance with Sarasota County Code, Chapter 126, Article VI – Fats, Oils, and Grease Management (§126-232) (see Attachment D – Sarasota County Code Excerpt (Grease Management)).

a. Minimum interceptor pumping frequency shall be every ninety (90) calendar days.

b. Quarterly maintenance records must be submitted to County.

c. Failure to complete required maintenance may result in a $100 daily fine until corrected.

v. Concessionaire shall utilize Integrated Pest Management (IPM) best practices for least-toxic pest control methods, in accordance with Sarasota County’s approved guidelines (see Attachment E – Sarasota County Integrated Pest Management (IPM) Guidelines).

5. OPERATIONAL COSTS

A. Concessionaire shall be responsible for all costs associated with the outfitting of Concession Areas for the operation and management of concessions. This includes, but is not limited to, additional equipment, supplies, cleaning materials, insurance, and staffing.

B. Concessionaire shall obtain and pay for all necessary licenses and permits to operate concessions and must keep all licenses and permits current throughout the Agreement term.

C. Concessionaire may be required to obtain additional dumpsters and/or bins at its expense, if necessary to support concession operations.

D. Concessionaire shall provide and pay for all utilities used by the Concessionaire, including but not limited to water, electricity, internet services, and fire alarm monitoring. Utility accounts shall be transferred to Concessionaire prior to commencing services.

6. STAFFING REQUIREMENTS

A. Concessionaire shall select, employ, and train personnel who shall, at all times, conduct themselves in a professional and courteous manner. Staff must refrain from profanity, inappropriate jokes, or other behavior that could be perceived as unprofessional in the presence of the public or other staff.

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B. Concessionaire’s personnel under the influence of alcohol and/or non-prescription drugs are not permitted to work in County facilities. Any person suspected of such influence shall be escorted off County property.

C. Concessionaire and its personnel represent the County. Exceptional customer service is essential. Concessionaire shall train all personnel in customer service and remediate issues immediately.

D. Concessionaire is responsible for discipline and discharge of personnel.

Concessionaire shall immediately notify County if a discharge may pose additional risk.

E. Concession personnel shall be distinguishable to the public and must wear uniform shirts with designated branding at all times.

F. All personnel and principals of Concessionaire must undergo background checks conducted by County and are subject to Section 943.04351 and Chapter 435, Florida Statutes. Employment of any individual with prior convictions for crimes against children, crimes of violence, crimes resulting in sexual predator/offender registration, or crimes of moral turpitude is prohibited. If any such individual is found to be employed, Concessionaire must immediately remove them. County reserves the right to terminate the Agreement if Concessionaire fails to comply.

G. Concessionaire must disclose any criminal convictions within the past ten (10) years related to fraud, dishonesty, or moral turpitude prior to Agreement execution. Concessionaire will be required to uphold itself to the highest ethical and moral standards in all dealings both professionally and personally.

Concessionaire must notify County within five (5) calendar days of any new misdemeanor or felony charges, and within thirty (30) calendar days of any plea of guilty or nolo contendere to a felony, throughout the term of the Agreement. Any convictions that occur during the term of the Agreement will be reviewed by County to determine necessary actions. Failure to disclose pending or past criminal history, whether by omission or falsification, may result in termination at the sole discretion of the County.

H. Concessionaire shall provide daily operational staff sufficient to meet the needs of the public.

7. SALE TRANSACTIONS

A. Concessionaire shall utilize an electronic point-of-sale (POS) system to process, monitor, and report all transactions. At a minimum, the POS system shall:

i. Calculate a customer’s total price, including any applicable sales tax.

ii. Generate monthly total gross sales reports.

B. Concessionaire shall accept credit and debit card payments.

C. Customers shall be provided with a receipt for each transaction.

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8. PAYMENT, REPORTING, AUDIT AND REQUIREMENTS

A. Concessionaire shall pay County the proposed monthly base compensation (Base) by the first (1st) day of each month. Any Base payment received more than ten (10) calendar days late shall be assessed a late fee equal to ten percent (10%) of the Base. County may, at its sole discretion, waive the fee.

B. Concessionaire shall pay County the proposed percentage of gross revenue (Percentage) by the twentieth (20th) calendar day of each month for the preceding month. Any Percentage payment received more than ten (10) calendar days after the 20th shall be assessed a late fee equal to ten percent (10%) of the Percentage. County may, at its sole discretion, waive the fee.

C. Concessionaire shall provide County, on a monthly basis, a statement of operations generated from the point-of-sale system, showing gross sales, along with a copy of the State sales tax payment. These reports shall be submitted to County by the twentieth (20th) calendar day of each month for the prior month’s operations, by mail or email to County’s Administrative Agent.

D. Concessionaire shall provide County, on a quarterly basis, copies of Federal 941 returns and State UCT-6 returns. These shall be due by the twentieth (20th) calendar day following each respective filing deadline, by mail or email to County’s Administrative Agent

E. Any reports required under §8.C or §8.D that are submitted more than ten

(10) calendar days late shall be assessed a late fee equal to five percent (5%) of the monthly compensation (Base plus Percentage). County may, at its sole discretion, waive the fee.

F. Concessionaire shall maintain accurate financial records and provide full access to County within seven (7) business days of request.

G. County will provide Concessionaire with at least seven (7) business days’ notice prior to an audit. Concessionaire shall maintain, at its own expense, accurate records, including but not limited to:

i. Revenue and expense reports

ii. Florida State Sales Tax Returns

iii. Federal Payroll Tax Returns

iv. Contracts with subcontractors and suppliers

v. Any other documentation requested by County

9. CONCESSIONAIRE RESPONSIBILITIES

A. Alterations, Replacements, or Additions

i. Alterations, replacements, or additions to Concession Areas shall only be made with prior written consent of County. Such work shall not lessen or diminish the value of existing structures.

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ii. County, at its discretion, shall determine whether work is performed by County or Concessionaire.

iii. If Concessionaire is approved to perform work, or to hire a contractor, written notice shall be provided to County at least five (5) calendar days prior to the date of service. Work requiring immediate attention may be made sooner with written County approval.

iv. Proof of insurance for all contractors shall be provided to County prior to commencement, with certificates meeting requirements outlined in the Agreement.

v. All work must comply with applicable statutes, ordinances, rules, regulations, and orders of authorities having jurisdiction, and must be performed by licensed contractors.

vi. At County’s direction, Concessionaire may be required to coordinate with County and use County-approved contractors for County-owned systems.

vii. All construction, signage, and improvements (temporary or permanent) shall comply with the Americans with Disabilities Act (ADA) of 1990, as amended.

viii. All improvements permanently affixed to Concession Area buildings shall revert to County ownership upon termination or expiration of the Agreement.

ix. Concessionaire shall not paint, inscribe, affix, or make changes to signs, fixtures, advertisements, or displays without prior written County consent.

Concessionaire is solely responsible for ensuring compliance of such signage/displays with applicable City and County codes.

B. Maintenance and Repairs

i. Concessionaire shall maintain and repair all devices and systems directly tied to operations, including but not limited to air curtains, hoods, ANSUL systems, and roll-up doors.

ii. Concessionaire shall perform routine maintenance of interior plumbing, floor drains, electrical systems, and HVAC within designated Concession Areas. Routine HVAC maintenance includes, but is not limited to:

a. Replacing or servicing inline air filters

b. Cleaning pan and drain

c. Drive belt replacement

d. Maintaining proper refrigerant levels

e. Replacing failed motor capacitors

iii. Concessionaire shall be responsible for repairs to electrical or plumbing systems primarily used by Concessionaire.

C. Security and Damage Reporting

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i. Concessionaire shall be responsible for the security of Concession Areas and for safeguarding inventory and assets.

ii. All damages, vandalism, or criminal activity in or around Concession Areas shall be reported to County within twenty-four (24) hours of identification.

iii. Concessionaire shall be responsible for any damage to County or third-party property caused by its operations or employees. Restoration shall be made to County’s satisfaction.

D. County Inspection Rights

i. County reserves the right to inspect Concession Areas at any time without prior notice.

ii. Inspections will be conducted with as little disruption to business operations as possible.

10. COUNTY RESPONSIBILITIES

A. Safety Closures

i. County reserves the right to close Concession Areas whenever, in its sole opinion, conditions make continued operation unsafe.

ii. Concessionaire may be required to provide operational plans to reopen, subject to County approval, to ensure clean and safe delivery of services.

B. Facility Maintenance and Repairs

i. County shall be responsible for maintenance and repair of exterior building structures, including walls, decking, roof, doors, non-service windows, and fire alarm systems.

ii. County shall maintain exterior electrical and plumbing systems. For purposes of this section, “exterior” means all systems located outside the walls, roof, and flooring of the Concession Buildings.

C. Landscaping

i. Except as otherwise provided herein, County shall be responsible for maintenance of landscaped areas within or adjacent to Concession Areas.

ATTACHMENTS

• Attachment A – Concession Areas

Floor plan drawings of the Main Concession Area (Softball Complex) and the two Satellite Concession Areas at 17th Street Regional Park. The drawings show interior layouts, designated spaces (e.g., kitchen, concession counter, retail, mechanical/electrical), and square footage.

Note: Floor plans are preliminary and provided for reference only. Final design, layout, and materials are subject to change.

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• Attachment B – Renderings

Conceptual renderings of 17th Street Regional Park, including Youth Softball Fields, Youth Softball Concessions facilities, and the Multipurpose Fields Concession.

Renderings are illustrative and provided for reference only; final design, layout, and materials subject to change.

• Attachment C – Equipment List Inventory of existing County-provided equipment located in the Main and Satellite Concession Areas (e.g., commercial hood, fire suppression system, fixtures).

• Attachment D – Sarasota County Code Excerpt (Grease Management) Excerpt from Sarasota County Code of Ordinances, Chapter 126, Article VI – Fats, Oils, and Grease Management (§126-232), including minimum pumping frequency and reporting requirements.

• Attachment E – Sarasota County Integrated Pest Management (IPM) Guidelines Current County IPM guidelines outlining least-toxic pest control methods approved for use within County facilities.

END PART II

PART III – INSURANCE REQUIREMENTS

Insurance Template 1 Revised 05/13/16 Page 1 of 2

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 $1,000,000.00 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.

PART III – INSURANCE REQUIREMENTS

Insurance Template 1 Revised 05/13/16 Page 2 of 2

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.

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 $1,000,000.00 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. LIQUOR LIABILITY: Contractor shall maintain liquor liability insurance on ISO Form CG 00 33 or equivalent with limits not less than $1,000,000 each occurrence, providing coverage for the selling, serving or furnishing of any alcoholic beverage. Sarasota County is to be included as an additional insured.