262898MM_Project_Documents.pdf

REQUEST FOR PROPOSALS (“RFP”) – PART I

RFP Template Revised 02/10/25 Page 1 of 5

RFP #: 262898MM RFP TITLE: North Jetty Park Concession Services

1.0 PURPOSE

Sarasota County (“County”), a political subdivision of the State of Florida, will receive proposals on the date indicated in OpenGov Procurement (OpenGov), the County’s electronic procurement portal, for the purpose of selecting a qualified Proposer to provide operation and management of the Concession Area at North Jetty Park. Proposers are required to comply with Part II, Scope of Services.

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

2.0 PROPOSER

2.1 For the purpose of this RFP, the term “Proposer” is defined as the legal entity submitting a proposal.

2.2 Proposers 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 submittal. For purposes of this solicitation, all vendors who make up the joint venture will be considered together as the Proposer.

3.0 QUALIFICATIONS

3.1 The Proposer must demonstrate experience providing performance and operation of concession services, food services, restaurant services, or hospitality services within the last seven (7) years.

3.2 Preferred Qualifications

3.2.1. The Proposer demonstrates performance and operation of concession services, food services, restaurant services, or hospitality services within the last one (1) year.

4.0 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 Proposers should be prepared to attend presentations and/or interviews either in Sarasota, Florida or virtually, at the County’s discretion.

5.0 SUBMITTAL INSTRUCTIONS

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

6.0 VENDOR QUESTIONNAIRE

6.1 All proposers 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 proposer’s submittal in OpenGov. Proposers 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.

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

RFP Template Revised 02/10/25 Page 2 of 5

7.0 WRITTEN PROPOSALS

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

7.1 Qualifications

7.1.1. Single page Letter of Interest summarizing Proposer’s

qualifications.

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

7.2 Experience

7.2.1. Narrative – Provide a narrative that describes the Proposer’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.

7.2.2. Customer List - Provide a list of customers (client businesses or entities) for whom you have provided services similar to the services described in this RFP in the last 7 years. Customer list should include contact information for a minimum of 1 and a maximum of 10 customers. At a minimum, include customer name, a brief description of services provided, contract start and end dates, and the name, email, and telephone number of a contact person who can verify information. When possible, include the dollar value of the contract. If unable to provide detailed information regarding private sector customers due to confidentiality concerns, provide as much information as possible for those customers.

7.3 Approach

7.3.1. Project Approach - Provide a detailed project approach, including the proposed strategy for providing the requested services.

Anticipated resources, including, but not limited to, staffing levels, technology and equipment should be provided.

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

7.4 Compensation

Provide 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.

RFP Template Revised 02/10/25 Page 3 of 5

8.0 SELECTION PROCESS

8.1 Written Proposals

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

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

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

8.1.4. When evaluating written proposals, 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.

Score Description

5 Excellent

4 Very Good

3 Good

2 Satisfactory

1 Unsatisfactory

0 N/A

8.2 Presentations

8.2.1. If any member of the evaluation committee requests presentations, presentations shall be scheduled.

8.2.2. If presentations are requested or required, the evaluation committee shall determine the number of Proposers 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.

Presentations will be required from no fewer than the three highest scoring Proposers (or all responsive and responsible Proposers if there are 3 or fewer) under the following circumstances.

1. The estimated costs of services are in excess of $350,000 (either annually or for the total project); or

2. Scoring results in 5 points or less between the highest scoring proposer and the 2nd highest scoring proposer; or

3. The solicitation documents specify that presentations or interviews will be required.

RFP Template Revised 02/10/25 Page 4 of 5

4. The Procurement Official has determined that presentations are required for this solicitation.

If this box is checked, the Procurement Official has determined that presentations are required for this solicitation

8.3 Ranking

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

8.4 Evaluation Committee Recommendation of Award

8.4.1. If presentations are not requested or required, the evaluation committee will recommend the highest scoring Proposer for award.

8.4.2. If presentations are requested or required, following presentations the evaluation committee will rank the short-listed Proposers, and recommend the first ranked Proposer for award.

9.0 AWARD

9.1 It is the intent of the County to award a contract to the Proposer(s) who, in the sole opinion of the evaluation committee is most qualified to provide the scope of services required and will provide the best value to the County.

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

9.3 The successful Proposer(s) shall be required to submit proof of licenses or certifications as required by the County.

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

9.5 Preferences

Proposers 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 RFP, 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 to the award of this RFP, due to Grant funding requirements

RFP Template Revised 02/10/25 Page 5 of 5

9.6 Contract

A draft of the contract that the successful Proposer(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

10.0 CHANGES IN KEY PERSONNEL

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

10.2 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.

10.3 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.

10.4 After award of a contract, the successful Proposer 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.

11.0 PERFORMANCE BOND

11.1 The Concessionaire must provide an annually renewable performance bond, an irrevocable letter of credit, or a cash deposit in the amount of $10,000.00 at the time of commencement of this Agreement (the “Performance Bond”) which shall be held by the County to ensure performance under this Agreement. The Performance Bond shall be returned to Concessionaire upon termination for convenience pursuant to the Termination section of this Agreement or upon expiration of this Agreement, and only if all terms and conditions of the Agreement have been satisfied.

11.2 In the event the County terminates this Agreement for cause, or the Concessionaire abandons the Agreement, the County shall call upon or collect the full amount of the Performance Bond as liquidated damages for the breach.

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

PART II

SCOPE OF SERVICES

Part II - Page 1 of 12 Prepared by Parks Recreation and Natural Resources Department

1. CONCESSION AREA

A. The Concession Area is located at 1000 S. Casey Key Road, Nokomis, FL 34275 and is depicted in Attachment A - Concession Area, attached and incorporated herein. Certain locations within and around the Concession Area as indicated in Attachment A shall be available for use by Concessionaire on either an exclusive or non-exclusive basis.

B. Concessionaire shall have the ability to designate preferred table seating for concession customers only. Signage designating such tables may be placed on up to eight (8) tables in the Concession Area. Routine maintenance, such as cleaning and debris removal, of designated tables shall be the sole responsibility of Concessionaire. Signs shall be at Concessionaire’s cost, and designated tables will be mutually agreed upon by both County and Concessionaire.

C. Concessionaire shall put up and take down any umbrellas associated with their operations daily in the Concession Area.

D. Concessionaire accepts the Concession Area in "AS IS" condition, and it is understood and agreed that the 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 Area, unless otherwise specifically provided for herein.

E. Concession Building is supplied with a commercial kitchen hood by the County. 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.

F. Sales outside of the Concession Area are prohibited, unless permitted by the County in writing.

G. Concessionaire shall use the Concession Area for no other purpose than stated herein.

H. Concessionaire and its staff shall have exclusive use of two (2) marked parking spaces at a location mutually agreeable to both the County and Concessionaire. Concessionaire shall have non-exclusive use of other parking areas as available.

2. BUILDING ACCESS

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

B. Concessionaire shall be provided keys as required to facilitate its access to the Concession Area. Concessionaire shall be required to sign an acknowledgement 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

Part II - Page 2 of 12 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 shall be kept locked when not in use.

3. DESCRIPTION OF BASIC OPERATIONS

A. Minimally Required Operations

i. Concessionaire shall begin operation of the Concession Area at a mutually agreed upon date by both Concessionaire and County, but no later than 60 calendar days from the executed Agreement.

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

iii. Concessionaire shall obtain and maintain, at its sole cost and expense, all licenses, permits, and approvals required for the operation of the concession services, including all applicable food service and retail beverage licenses issued by the Florida Department of Business and Professional Regulation ("DBPR").

Such licenses and permits shall be obtained prior to the commencement of operations and thereafter maintained in full force and effect throughout the term of the Agreement.

iv. Concessionaire shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances governing food preparation, food handling, sanitation, and food service operations. Concessionaire shall notify the County within 24 hours of any inspection conducted by a regulatory authority and shall provide copies of all inspection reports, notices of violation, citations, or corrective action plans within 24 hours of receipt.

Concessionaire shall promptly address and remedy any deficiencies identified by such regulatory authorities.

v. The Concession facility shall be open to the public no less than seven (7) days per week and eight (8) hours per day, except on Thanksgiving Day and Christmas Day, unless otherwise approved in writing by the County. Concessionaire may establish seasonal operating schedules and adjust hours based upon weather conditions, visitation patterns, or operational considerations, subject to County approval. The opening and closing hours for each Concession Area shall be conspicuously posted.

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B. Food and Beverage

i. Concessionaire shall provide a diverse selection of quality food and beverage items suitable for adults and children, including healthy alternatives and specialty dietary options to the extent reasonably practicable. Concessionaire may modify menu offerings from time to time in response to customer demand, seasonal conditions, or operational considerations. A current menu and price list shall be furnished to the County upon request.

ii. Concession personnel shall be trained regarding common food allergens and shall follow established procedures for responding to customer inquiries concerning food allergies and dietary restrictions.

iii. Prices charged for food and beverage items shall be reasonable and generally comparable to those charged for similar products and services within the local market area. All costs associated with the procurement, preparation, packaging, transportation, storage, and sale of food and beverage items shall be borne solely by Concessionaire.

iv. The sale of beer, wine, and wine-based beverages is permitted within the Concession Area. The sale and service of distilled spirits or other alcoholic beverages may be authorized by the County upon prior written approval and subject to Concessionaire obtaining all necessary licenses and permits. Concessionaire shall maintain written policies governing the responsible sale and service of alcoholic beverages, including employee training and age verification procedures, and shall provide copies of such policies to the County upon request. The County may impose reasonable restrictions concerning the types of alcoholic beverages sold, hours of service, and methods of sale to ensure compatibility with park operations and public safety.

C. Retail Operations

i. Concessionaire may, at its discretion, offer sundry items and other merchandise customarily associated with beach, waterfront, and recreational concession operations, including, but not limited to, sunscreen, water toys, apparel, hats, T-shirts, sunglasses, towels, souvenirs, and similar items. Merchandise shall be appropriate for a family-oriented environment and consistent with the character and image of North Jetty Park. Any merchandise referencing the location shall accurately identify the location as "North Jetty Park" and shall be subject to the County's branding and intellectual property requirements.

ii. The County reserves the right to review and reasonably approve categories of merchandise offered for sale and may prohibit the sale of items deemed inappropriate, unsafe, offensive, or

Part II - Page 4 of 12 inconsistent with the family-oriented nature of the park. Routine changes in inventory or merchandise selection shall not require prior County approval.

iii. Retail merchandise shall be displayed in a clean, orderly, safe, and visually attractive manner. Inflatable merchandise may be displayed for sample purposes only, with no more than three (3) inflatable sample items displayed at any one time. Inflatable merchandise shall not be attached to trees, vegetation, signs, or other County property unless otherwise approved in writing by the County.

iv. Retail sales and displays shall be confined to the designated Concession Area identified by the County and shall not obstruct pedestrian circulation, public access, or the use and enjoyment of adjacent park facilities.

4. DESCRIPTION OF ADDITIONAL OPERATIONS

A. Operational Considerations

i. Concessionaire shall promptly notify the County in writing of any actual or anticipated closure of any Concession Area for reasons other than ordinary weather conditions or routine operational interruptions. Such notice shall be provided by email as soon as practicable and shall include the reason for the closure and, if known, the anticipated duration.

ii. If Concessionaire closes during posted operating hours, signage shall be posted describing the closure and indicating when the Concession Area intends to re-open.

iii. If the Concession Area closes temporarily for passing inclement weather, all efforts shall be made to re-open for the remaining operating hours.

iv. The Concession Area may temporarily close during severe weather events, including but not limited to lightning, tornadoes, tropical storms, hurricanes, hail, flooding, rip currents, or other hazardous conditions identified by the National Weather Service, Sarasota County, law enforcement agencies, or emergency management officials. Concessionaire shall use reasonable efforts to resume operations once such conditions no longer present a threat to public health or safety.

v. The Concession Area may be temporarily closed or operations suspended due to health, safety, structural, environmental, utility, regulatory, or other hazardous conditions affecting public welfare. The County may restrict or suspend operations whenever deemed necessary to protect persons or property.

vi. Temporary interruptions, suspensions, or closures resulting from severe weather, hurricanes, flooding, utility outages, construction

Part II - Page 5 of 12 activities, special events, governmental actions, emergency declarations, or other force majeure events shall not constitute a default by either party. In the event a closure exceeding three (3) consecutive days occurs through no fault of Concessionaire, the County may, in its sole discretion, consider an equitable adjustment to compensation obligations. Temporary closures due to hurricanes, tropical storms, flooding, unsafe conditions, emergency declarations, utility interruptions, or other force majeure events shall not constitute a default under the Agreement, provided Concessionaire resumes operations within a reasonable period following written notice from the County that operations may recommence.

vii. The County may require Concessionaire to remove any promotional signage or branding of outside organizations or companies that the County determines, in its reasonable discretion, is inconsistent with the character, purpose, or operation of the concession or North Jetty Park.

B. Sustainability Considerations

i. Concessionaire shall conduct operations in a manner that promotes environmental stewardship and minimizes adverse impacts on natural resources. Concessionaire shall comply with all applicable federal, state, and local laws, regulations, ordinances, and County policies relating to environmental protection, including but not limited to requirements pertaining to sea turtles, nesting shorebirds, dunes, marine habitats, and other sensitive coastal resources.

ii. Unless specifically allowed otherwise by County, any and all chemicals used shall be "Green Seal Certified". The Green Seal Certification shall appear on each container.

iii. Concessionaire shall not utilize the following products at any time:

a. Single-use plastic drinking straws and lids

b. Glass bottles or glass containers intended for patron use

c. Expanded polystyrene foam products, including Styrofoam food containers, cups, plates and packaging materials

d. Single-use plastic bags for sundries and food service

iv. The County recommends that Concessionaire considers the following operational guidelines:

a. Utilizing compostable, recyclable, reusable, or other environmentally preferable utensils, cups, plates and food service products.

b. Any additional best practices that are considered a sustainable procedure for their operation.

Part II - Page 6 of 12

C. Special Events

i. Subject to prior written approval by the County, Concessionaire may organize and conduct special events, including but not limited to live entertainment, performances, themed dinners, educational programs, tournaments, festivals, and similar activities, up to 12 times per calendar year. Such events may occur within the designated Concession Area and, upon County approval, within other areas of North Jetty Park. Concessionaire shall be responsible for coordinating proposed events with the County to avoid conflicts with previously scheduled activities or facility reservations. Concessionaire shall obtain and maintain all permits, licenses, approvals, and authorizations required for such events and shall be solely responsible for all associated fees, costs, and expenses.

ii. The County reserves the right to conduct, sponsor, or authorize special events and activities within North Jetty Park, including areas adjacent to or surrounding the Concession Area. The County shall endeavor to provide Concessionaire with at least fourteen (14) calendar days' advance notice of such events when reasonably practicable; however, failure to provide such notice shall not constitute a breach of the Agreement or entitle Concessionaire to damages or compensation.

D. Additional Service Opportunities

i. Subject to prior written approval by the County, Concessionaire may provide supplementary services that are compatible with the character and operation of North Jetty Park. Examples of such services include, but are not limited to:

a. Beach concierge services

b. Beach cart rentals

c. Beach chair and umbrella rentals

ii. Concessionaire may utilize the designated non-motorized launch area to offer non-motorized vessel rentals (paddleboards, kayaks, etc.). Concessionaire may offer this service as part of their operation or through the use of an agreement with a subcontractor. Any subcontractor shall be subject to the County’s prior written approval.

iii. If the County determines that additional concession-related services would benefit park patrons and determines that Concessionaire is qualified to provide such services, the County may offer Concessionaire the opportunity to provide those services. Concessionaire shall have ten (10) business days to accept such opportunity in writing, unless otherwise specified by the County. Failure to timely accept the offer shall permit the County to authorize another provider to perform such services.

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iv. The County may authorize temporary mobile vending or additional service locations to support periods of high visitation, seasonal demand, or special events. Requests from Concessionaire for such temporary operations shall be submitted in writing at least 45 calendar days in advance and shall be subject to County approval. Concessionaire shall obtain all required permits, licenses, and approvals associated with such activities.

v. The County may request Concessionaire to perform additional vending to support large-scale County events at North Jetty Park.

The County will notify Concessionaire of any requests at least 45 calendar days in advance.

vi. Detailed information, including but not limited to, frequency, description, and potential earned income, must be supplied to the County to support the proposal for additional service opportunities beyond those listed above.

vii. The County reserves the right to revoke its authorization for such additional service opportunities at any time.

viii. Concessionaire is responsible for obtaining the appropriate licenses for any additional services prior to offering those services, as applicable. Concessionaire shall provide proof of all licenses to the County via email prior to the commencement of any additional services.

ix. The County reserves the right to refuse any proposed additional services and/or subcontractors, or to request qualifications, licenses or other related information from Concessionaire or any proposed or existing subcontractors.

E. Cleaning and Maintenance

i. Concessionaire shall be responsible for the maintenance and general cleanliness of the Concession Area. This includes keeping the area free of debris and maintaining an orderly and aesthetically neat condition.

ii. Concessionaire shall be responsible for the collection, disposal, and transport of all waste generated from concession operations as necessary to maintain a clean, sanitary, and odor-free environment. Trash and cardboard recycling shall be transported to the on-site dumpsters nightly or more frequently as needed during operations.

iii. Concessionaire shall keep the Concession Area in an orderly and sanitary condition at all times and shall cleanse, disinfect, fumigate and deodorize the same on a regular basis. All chemical mixing or diluting shall be done to manufacturer's specification and at no other ratio. All chemicals will be used as directed, Part II - Page 8 of 12 specifically to design and function. All cleaning activity shall employ the proper chemical designed for that purpose. No aerosols or acid content chemicals are permitted unless otherwise stated herein or subsequently approved in writing by County. All cleaning chemicals used shall not overtly or negatively impact indoor air quality.

iv. Concessionaire shall be responsible for cleaning and maintaining all grease traps in accordance with applicable regulations, including Chapter 126, Article VI (Fats, Oils, and Grease Management), Section 126-232 of the Sarasota County Code of Ordinances.

v. Concessionaire shall utilize Integrated Pest Management (IPM) best management practices for least toxic method of controlling pests. A copy of Sarasota County IPM guidelines is included as Attachment B, attached and incorporated herein.

5. OPERATIONAL COSTS

A. All costs associated with the outfitting of the Concession Area for the operation and management of the concession, all supplies, cleaning materials, insurance and staffing shall be the responsibility of Concessionaire, unless otherwise provided in the Agreement.

B. Concessionaire shall obtain and maintain in full force and effect all licenses, permits, and approvals required for operation of the concession and shall ensure that all such authorizations remain current throughout the term of the Agreement.

C. Concessionaire shall be responsible, at its sole cost and expense, for obtaining any additional dumpsters and/or waste receptacles required for its operations.

D. Concessionaire shall provide and pay for all utilities used by Concessionaire, including but not limited to water, sewer, electricity, internet and fire alarm monitoring. Utility account information shall be updated to Concessionaire prior to initial operation.

6. STAFFING REQUIREMENTS

A. Concessionaire shall select, employ, and train personnel, who shall, at all times, conduct themselves in a professional and courteous manner.

Concessionaire staff must refrain from the use of profanity, inappropriate jokes, and other behavior that could be perceived as being in poor taste when in the presence of the general public or other staff.

B. 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.

C. Concessionaire and employees are a representation of the County.

Exceptional customer service is always essential. Concessionaire shall

Part II - Page 9 of 12 train all employees in customer service and must address and remediate any customer service issues immediately.

D. Concessionaire will be responsible for the discipline and, if necessary, discharge of any or all personnel working in the concession.

Concessionaire will be responsible for immediately notifying the County in the event of a discharge of any personnel that may pose additional risk.

E. Concession staff shall be distinguishable to the general public and required to wear uniform shirts with designated branding.

F. Concessionaire's personnel and principals must have a background check performed by the County and shall be subject to Section

943.04351 and Chapter 435, Florida Statutes. Employment at the concession by Concessionaire, or any of its subcontractors, of any employee, or independent contractor, with any prior convictions of any crimes against children, crimes of violence, crimes that result in registration in the Sexual Predator/Offender Registry, or crimes of moral turpitude will not be permitted. If it is determined that any person with such criminal history is employed at the concession, Concessionaire agrees to take all steps necessary to remove such person from the concession and the property. County shall have the right to terminate the Agreement if Concessionaire does not comply with this provision.

G. Concessionaire represents that it has disclosed any criminal convictions in the past 10 years for fraudulent or dishonest dealings or those violations involving moral turpitude prior to entering into the Agreement and will be required to uphold itself to the highest ethical and moral standards in all dealings both professionally and personally.

Concessionaire will notify the County within five (5) calendar days of any new misdemeanor and/or felony charges and within 30 calendar days any plea of guilty or nolo contendere to any felony throughout the term of the Agreement that involves the personnel of Concessionaire.

Any convictions that occur during the term of the Agreement will be reviewed by the County to determine necessary actions. Failure to disclose pending or past criminal history for any reason, whether due to any omission, intentional falsification or any other failure to disclose for any reason, may result in the Agreement being terminated at any time in the sole discretion of the County.

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

7. MUSICAL ENTERTAINMENT

A. Concessionaire is responsible for obtaining a license to play live and/or pre-recorded music from the appropriate licensing entities, as applicable.

B. Concessionaire is required to comply with all applicable Sarasota County regulations and permitting requirements.

Part II - Page 10 of 12

C. Live or pre-recorded musical entertainment shall only be permitted within specific, designated locations in the Concession Area and is subject to prior written approval from the County.

8. 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 calculate each customer’s total purchase price, including applicable sales taxes, and generate monthly gross sales reports.

B. Concessionaire shall accept cash, credit card and debit card payments.

9. AUDIT AND REQUIREMENTS

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

B. The County will provide Concessionaire with a minimum of seven (7) business days' notice before an audit is to be conducted. Concessionaire is required to keep, at its expense, accurate financial records including:

i. Revenue and expense reports

ii. Florida State Sales Tax Returns

iii. Federal Payroll Tax Returns

iv. Contracts with sub-contractors and suppliers

v. Any other documentation requested

10. CONCESSIONAIRE RESPONSIBILITIES

A. Any and all alterations, replacements or additions, shall be made only with prior written consent of the County. Any and all such alterations, replacements or additions shall not lessen or diminish the value of any existing structures. If capital contributions are proposed by Concessionaire and accepted by the County, Concessionaire shall execute a Bill of Sale conveying title to the County for such approved improvements.

B. The County, at its sole discretion, shall determine whether the work will be performed by County or Concessionaire.

C. If the County approves Concessionaire to perform the work or to retain a contractor to complete the work, Concessionaire shall notify the County in writing as soon as practicable, but no less than five (5) calendar days prior to the commencement of such work. Work requiring immediate attention may commence sooner with the County's prior written approval. Prior to the commencement of any work, Concessionaire shall provide certificates of insurance for all contractors performing the work. The insurance coverage and limits shall be subject to review and approval by the County and shall meet any insurance requirements established by the County based on the nature and scope of the work being performed.

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D. All work shall be performed in accordance with all applicable statutes, ordinances, rules, regulations, and orders of all authorities having jurisdiction.

E. Concessionaire shall ensure any and all work that is required shall be done by a licensed contractor.

F. At the direction of the County, Concessionaire may be required to coordinate with the County and to use County-approved contractors for County-owned systems.

G. All construction, signage, and improvements of any kind to the Concession Area, whether temporary or permanent, shall comply with all elements of the Americans with Disabilities Act ("ADA") of 1990, as amended.

H. For all improvements permanently affixed to the Concession Area Building, Concessionaire shall execute a Bill of Sale upon termination or expiration of the Agreement. The County shall require execution of a Bill of Sale upon installation of any Capital Investment that is intended to become County property. In all events, upon expiration or termination of the Agreement, Concessionaire shall execute such Bills of Sale and other documents as may be reasonably necessary to evidence County ownership of property transferred pursuant to the Agreement.

I. Concessionaire shall not paint, display, inscribe, maintain, affix, or make changes to any existing sign, fixture, advertisement, notice, lettering or direction without the written consent of the County. Concessionaire is solely responsible for ensuring that all signs, notices, displays or other items are in compliance with all applicable City and County codes.

J. Concessionaire shall be responsible for maintaining and repairing all devices and systems directly associated with its operations, including but not limited to air curtains, exhaust hoods, fire suppression (Ansul) systems, and roll-up doors.

K. Concessionaire shall be responsible for routine maintenance of interior plumbing, floor drains, interior electrical systems, and the heating, ventilation, and air conditioning (HVAC) system. Routine HVAC maintenance shall include, but is not limited to:

i. Replacement or servicing of air filters

ii. Cleaning of condensate pans and drain lines

iii. Drive belt replacement

iv. Maintenance of refrigerant levels

v. Replacement of failed motor capacitors

L. Concessionaire shall be responsible for repairs to electrical or plumbing systems that are metered public utility services and billed directly to Concessionaire.

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M. Concessionaire shall be responsible for securing the Concession Area and safeguarding all inventory, equipment, and assets located therein.

N. All damages, vandalism, or criminal activity to or on the property, must be reported to the County within 24 hours of identification.

O. Concessionaire shall be responsible for any damage to County or third-party property caused by Concessionaire, its employees, agents, or contractors. All such damage shall be repaired or restored to the County’s reasonable satisfaction.

P. The County reserves the right to inspect the Concession Area at any time and without notification. The inspections will be conducted with as little disruption to normal business operations as possible.

11. COUNTY RESPONSIBILITIES

A. The County reserves the right to close the Concession Area at any time when, in its sole discretion, conditions are deemed unsafe for continued operation. In such event, Concessionaire may be required to submit an operational plan for reopening, subject to County review and approval, to ensure the safe and sanitary delivery of services.

B. The County shall be responsible for the maintenance and repair of the exterior structural components of the Concession Building, including, but not limited to, walls, decking, roof, doors, non-service windows, fire alarm systems, and exterior electrical and plumbing systems. For purposes of the Agreement, “exterior electrical and plumbing systems” shall mean all electrical and plumbing components located outside the walls, roof, and flooring of the Concession Building.

C. Except as otherwise provided herein, the County shall be responsible for maintenance of any landscaped areas within or adjacent to the Concession Area.

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 $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.

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.