Concessionaire_Services.pdf

City of New Smyrna Beach

210 Sams Avenue New Smyrna Beach, FL 32168 https://www.cityofnsb.com/

RFP 20-25-LS

CONCESSIONAIRE SERVICES

RELEASE DATE: July 7, 2025 DEADLINE FOR QUESTIONS: July 22, 2025

RESPONSE DEADLINE: August 6, 2025, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/cityofnsb https://procurement.opengov.com/portal/cityofnsb?status=all

City of New Smyrna Beach

RFP 20-25-LS

Concessionaire Services

I. Public Notice II. Introduction

III. Definitions IV. General Information V. Description of Services

VI. Minimum Qualifications VII. Submittal Requirements and Evaluation Criteria

VIII. Insurance Requirements IX. Required Responses

Attachments:

A - Public Records B - Draft Contract C - Required Forms D - Reference Questionnaire

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I. Public Notice

20-25-LS

Concessionaire Services

The City of New Smyrna Beach, Florida (the “City”) is accepting sealed proposals from licensed, experienced and qualified contractors to provide concessionaire services as listed in the City's specifications.

Solicitation documents can be obtained through the City's eProcurement Portal found at https://procurement.opengov.com/portal/cityofnsb.

End of Advertisement

Publish: Daytona News Journal, Monday, July 7, 2025 City website: www.cityofnsb.com OpenGov: https://procurement.opengov.com/portal/cityofnsb

II. Introduction

Thank you for your interest in doing business with the City of New Smyrna Beach, Florida.

If you are interested in preparing a response to this solicitation, please read the solicitation package in its entirety prior to submitting a response.

Under Chapter 119, Florida Statutes, all responses to this solicitation shall be considered public record, subject to distribution pursuant to the request for records by any interested party.

For purposes of this solicitation the terms "Consultant" “Proposer,” “Respondent” and/or “Vendor,” are used interchangeably, and are in reference to the person or entity submitting the response to this solicitation.

II.A Summary

The City of New Smyrna Beach, Florida (the “City”) is accepting sealed proposals from licensed, experienced and qualified contractors to provide concessionaire services as listed in the City's specifications.

If an award is made it shall be made to the contractor whose proposal is most advantageous to the City, taking into consideration the evaluation factors set forth in this document. The City shall not use any other factors or criteria in the evaluation of the proposals received.

The contract will be revenue generating for the awarded contractor and a flat fixed fee, percentage of sales or a combination of both to the City. The term of this contract shall begin on the date the contract is approved by the City of New Smyrna Beach, City Commission (herein

3 | P a g e after, the “Commission”), signed by all required parties and filed with the City Clerk. The term of the contract shall be three (3) years from the effective date. After the initial term, and upon consent of both parties, the agreement may be renewed administratively under the same terms and conditions for one (1) optional two (2) year period. The maximum term of the agreement and all renewals is a cumulative term of five (5) years.

II.B Background

The City serves an area of 41.6 square miles in size and serves a population of approximately 33,402. It is located off of Florida’s East Coast, in the County of Volusia, just north of Cape Canaveral with easy access to both Interstate 95 and Interstate 4. The City’s fiscal year begins on October 1st and ends on September 30th.

The City was created in 1887 by adoption of its first charter, which was replaced through Chapter 224.08, Special Acts of Florida, 1943, and subsequently amended, with the most recent update taking effect January 1, 2021.

The legislative branch of the City is composed of an elected five-member City Commission consisting of the Mayor and four Commissioners. The City Commission is governed by the City Charter and by state and local laws and regulations. The City Commission is responsible for the establishment and adoption of policy. The execution of such policy is the responsibility of the Commission-appointed City Manager.

More detailed information on the government and can be found in City of New Smyrna’s Comprehensive Annual Financial Report (CAFR). This report may be viewed on https://www.cityofnsb.com/105/Financial-Reports.

The City of New Smyrna is exempt from any and all state, local and federal taxes.

II.C Contact Information

Janet Vivian Purchasing Agent Email: jvivian@cityofnsb.com Phone: (386) 410-2600 Ext: 2654 Department:

Purchasing

II.D Timeline

Times listed are Eastern Standard Times (EST) and are tentative, they may be subject to change.

Issue RFP Notice July 7, 2025 https://www.cityofnsb.com/105/Financial-Report mailto:jvivian@cityofnsb.com tel:(386)410-2600;ext=2654

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Pre-Proposal Meeting (Non-Mandatory) July 14, 2025, 9:30am The City of New Smyrna Beach Sports Complex is located at 1800 Turnbull Bay Road, New Smyrna Beach, Florida, 32168.

Initial meeting location is the main office at the Sports Complex

Deadline for Written Questions July 22, 2025, 5:00pm

Proposal Submission Deadline August 6, 2025, 5:00pm

Opening of Submittals August 7, 2025, 9:00am Virtual, Microsoft Teams Meeting. Link for meeting is provided in Section IV.X of this document and on the city website, under Departments, Finance, then Bids.

or call in (audio only): 786-636-1338 Phone Conference ID: 497 851 612 #

Evaluation Meeting August 18, 2025 Virtual, Microsoft Teams Meeting. Link for meeting is provided in Section IV.X of this document and on the city website, under Departments, Finance, then Bids.

or call in (audio only): 786-636-1338 Phone Conference ID: 843 082 965 #

Recommendation of award to City Commission

September 9, 2025

III. Definitions

III.A General Definitions

The terms used in this specification are defined as follows:

CITY: City Of New Smyrna Beach

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CONTRACT: The agreement executed by the Owner and the Contractor covering the work to be performed and including all Contract Documents.

CONSULTANT: The person, firm or corporation with whom this Contract is executed by the Owner.

OWNER: City of New Smyrna Beach

SCOPE OF SERVICE(S): The detailed written description of the work.

SURETY: Any person, firm or corporation that has executed as Surety.

VENDOR: A person or entity that provides goods and/or services, usually for low-cost, low-risk, and short-term engagements.

"Consultant" “Proposer,” “Respondent” and/or “Vendor,” are used interchangeably, and are in reference to the person or entity submitting the response to this solicitation.

IV. General Information

IV.A Ambiguity, Conflict, or Other Errors in the Solicitation

If a respondent discovers any ambiguity, conflict, discrepancy, omission, or other error in the solicitation, the respondent shall immediately notify the Purchasing Department, noted herein, of such error in writing and request modification or clarification of the document. The City shall make modifications by issuing an addendum through the City's e-Procurement portal. No interpretation shall be considered binding unless provided in writing by the City of New Smyrna Beach.

The respondent is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the solicitation prior to submitting the proposal or it shall be waived.

IV.B Americans with Disabilities Act

Persons with disabilities needing special accommodation at public meetings should contact the Purchasing Department at 386-410-2654, no later than seven (7) days prior to the appropriate date on which the accommodation is requested.

IV.C Assignment

The consultant(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City.

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IV.D City's Rights

The City of New Smyrna Beach reserves the right to retain all proposals submitted regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the respondent of the conditions contained in this solicitation, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of New Smyrna Beach and the awarded firm or consultant.

The City has the sole discretion and reserves the right to cancel or withdraw this solicitation at any time for any reason, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the City to do so.

The City also reserves the right to award a contract based on experience and qualifications or to award only a portion of the services specified, if deemed to be in the City’s best interest.

IV.E Award of Contract and Professional Services Agreement

A contract resulting from this solicitation shall be subject to the terms and conditions set forth in a standard City agreement. The City reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of the City.

The City shall not be obligated to sign any contracts, maintenance and/or service agreements or other documents supplied by the Professional Consultant.

Contract Negotiations: After the ranking is completed, the City will attempt to negotiate an agreement with the top ranked firm or individual which is determined to be in the best interest of the City. The agreement will cover all aspects of the scope of services as described herein. If no agreement is reached with the top ranked firm or individual, negotiations will be terminated and initiated with the next-ranked firm or individual, and so on, until an agreement is reached.

The selected Consultant shall be required to sign a standard City contract within fourteen (14) days of Notice of Selection for Award.

IV.F Cone of Silence/Lobbying

Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a City Commission Member, the City Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black-out period.

A lobbying black-out period commences upon the issuance of this solicitation document.

If a recommendation to award is presented to City Commission for approval or for a request to provide authorization to negotiate a Contract(s) and the City Commission refers the item back to the City Manager, Procurement Department and/or the requesting Department further review or otherwise does not take action on the item, the Cone of Silence/Lobbying Black-out Period will be reinstated until such time as the City Commission meets to consider the item for action.

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Bidders, respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any City Commission member, the City Manager and/or any member of the evaluation committee concerning an active solicitation during the Cone of Silence/Lobbying Black-out Period.

IV.G Conflict of Interest

Submitted proposals shall include a completed Conflict-of-Interest Affidavit provide as an attachment in Section 9 of this solicitation. Disclosure of any potential or actual conflict of interest is subject to City staff review and does not in and of itself disqualify a firm from consideration.

These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution.

IV.H Drug-Free Workplace

In accordance with Florida Statute 287.087, Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition.

B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

D. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee shall abide by the terms of the statement and shall notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

E. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted.

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F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

IV.I Evaluation of Submittals

An evaluation committee consisting of City staff shall review and score each proposal based on the criteria set forth in the section of this document titled Evaluation Criteria.

Time and date of Evaluation meeting is provided on the city website. May also join the meeting by clicking the following link: Join the Meeting Now or call in (audio only): 786-636-1338 Phone Conference ID: 497 851 612 #

Presentations or demonstrations may be scheduled for the top-ranked respondents. If an award of contract is recommended it will be based on the combined scores from the proposal review and presentations, if applicable. The consensus of the committee will be the deciding factor on how to move forward.

A submission of a proposal to the City offers no rights upon the respondent nor obligates the City in any manner. Acceptance of a proposal does not guarantee issuance of any other governmental approvals.

If made, the recommendation of award will be made to the best overall respondent whose proposal is most advantageous to the City, taking into consideration the evaluation factors set forth in this solicitation. The City will not use any other factors or criteria in the evaluation process.

The consensus of the committee will be the deciding factor on how to move forward.

IV.J E-Verify

The E-Verify System means an internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees.

Pursuant to Florida Statute 448.095, any new contract or renewal with a public agency requires the vendor and any subcontractor thereof to register with and use the E-Verify system to verify the work authorization status of all new employees working in the state of Florida or the United States. If the contractor or vendor enters into a contract with a subcontractor, the subcontractor must provide an affidavit to the contractor or vendor that states that the subcontractor does not employ any unauthorized alien in Florida or the United States. The contractor shall provide and maintain proof of compliance with this statute upon request.

Information on registration for and use of the E-Verify System can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

Every Vendor shall, upon request, provide evidence of compliance with this provision to the Owner. Failure to comply with this provision is a material breach of an Agreement, and the https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDA0Njc1ZGMtMDE5OS00M2M0LTk4NmYtMWZmNjE2MDQyZmZk%40thread.v2/0?context=%7b%22Tid%22%3a%22e8a2d9f9-0bd2-4e4a-ae4c-4a9092138ff8%22%2c%22Oid%22%3a%223580558d-a61c-452f-b761-445deb37149f%22%7d

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Owner may choose to terminate the Agreement at its sole discretion. The Vendor may be liable for all costs associated with the Owner securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary).

IV.K Federal and State Tax

The City of New Smyrna Beach is exempt from Federal and State Sales and Use Taxes for tangible personal property. Consultants doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City nor shall any Consultant be authorized to use the City’s Tax Exemption Number in securing such materials.

IV.L Florida Public Records Act

All material submitted regarding this solicitation becomes the property of the City. Solicitation documents may be reviewed by any person ten (10) days after the public opening. The Respondent should take special note of this as it relates to any proprietary information that might be included in its offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City.

The City has the right to use any or all information/material submitted in response to this solicitation and/or any resulting contract from same. Disqualification of a Professional Consultant does not eliminate this right. This section is further subject to F.S. 119.01 et. seq.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF

PUBLIC RECORDS, CITY CLERK, AT 386/410-2630, CLERK@CITYOFNSB.COM, CITY

OF NEW SMYRNA BEACH, 210 SAMS AVENUE, NEW SMYRNA BEACH, FL 32168.

The contractor is required to comply with public records laws, specifically to:

1. Keep and maintain public records required by the public agency to perform the service.

2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to

10 | P a g e the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

IV.M Foreign Corporation

In accordance with Section 607.150 of the Florida Statutes, and provided an exemption is not available, a foreign corporation may not transact business in Florida until it obtains a certificate of authority from the Florida Department of State.

Foreign corporations may submit bids or proposals prior to obtaining a certificate of authority from the Florida Department of State. A foreign corporation must be in compliance with F.S.

607.150, prior to entering into a Contract with the City.

IV.N Governing Law/Jurisdiction

The interpretation, effect, and validity of any contract(s) resulting from this solicitation shall be governed by the laws and regulations of the State of Florida. In the event that a suit is brought for the enforcement of any term of the contract(s), venue of any court action shall be in Volusia County, Florida.

IV.O Human Trafficking

Compliant with Florida Statures, 787.06.

(1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor.

(b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work.

(c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the

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using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims’ funds by holding the money ostensibly for safekeeping.

(d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight.

IV.P Immigration Reform and Control Act

Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately.

IV.Q Inquiries

All questions related to this RFP shall be submitted in writing via the OpenGov Question/Answer Tab via the City's e-Procurement portal, on or before 5:00 pm on Tuesday, July 22, 2025. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

When asking questions, please be sure to enter each question separately.

Proposers must clearly understand that the only official answer or position of the City shall be the one stated in writing by the City. All questions submitted and answers provided shall be electronically distributed to proposers following this solicitation on the City's e-Procurement Portal.

IV.R Joint Ventures

Responders that are intending to submit a bid response as a joint venture are required to have filed proper documents with the Division of Corporations, and/or any other State or local licensing agency prior to submitting a bid response. Please refer to Section 489.119 Florida Statutes.

Joint venture firms must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal Joint Venture

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Agreement between all joint venture parties, indicating their respective roles, responsibilities, and levels of participation for the project.

IV.S Judgements/Legal Findings

By submitting a proposal for consideration, the proposer affirms that they currently have no judgements or other legal findings nor have any pending judgements or other legal findings against the company or any of its executives, with any federal, state or local governmental entities that in any way could impact or have the potential to impact their ability to complete any contract awarded them as a result of this bid. Failure to disclose any such judgments and/or findings will result in the termination of any contracts and other penalties as deemed legal and appropriate by the City.

IV.T Legal Requirements

Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the item(s) covered herein apply. Lack of knowledge by the respondent will in no way be cause for relief from responsibility.

IV.U Liability

The City of New Smyrna Beach assumes no responsibility for the cost of preparing a response to this solicitation. The awarded consultant shall hold and save the City of New Smyrna Beach, its officers, agents and employees harmless from liability of any kind in the performance of or fulfilling the requirements of a contract which may result from award of this solicitation.

Neither party shall be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal.

The Consultant shall hold and save the City of New Smyrna Beach, its officers, agents, and employees harmless against claims by third parties resulting from the Consultant's breach of contract or negligence, including all attorney’s fees and costs, and shall pay any and all damages, fees, and costs assessed on behalf of the City. The City expressly reserves all rights, privileges, and benefits of sovereign immunity.

IV.V Method of Source Selection

The City of New Smyrna Beach is using the competitive sealed proposal methodology of source selection for this procurement, as authorized by the City Purchasing Policy.

IV.W On-line Provider Disclaimer

It is recommended that respondents register and maintain their registration with OpenGov at www.OpenGov.com. This is a third-party provider that provides a platform to communicate solicitation information to the Public. OpenGov does not represent the City nor does

13 | P a g e communications through this provider constitute communications to the City. The City of New Smyrna Beach is not responsible for errors and omissions occurring in the transmission or downloading of any documents from the online website. In the event of any discrepancy between information on this website and the hard copy specifications, the terms of the hard copy specification will control.

IV.X Opening of Proposals

Electronic proposals will remain sealed until the time of opening listed in Section II of this document. The received proposals will be publicly opened, and the proposers' names will be read aloud. There will be no other discussion at this time. It is important to note that this is public meeting, and the meeting will be recorded.

Click link to join the meeting: Join the Meeting Now or call in (audio only): 786-636-1338 Phone Conference ID: 497 851 612 #

IV.Y Payment

Florida Statute 218.70, et seq, known as the "Florida Prompt Payment Act" sets forth "the policy of this state that payment for all purchases by local governmental entities is made in a timely manner". This is also the policy of the City of New Smyrna Beach. The City expects prompt and accurate service from our consultants/vendors, and it shall pay their invoices promptly and accurately.

IV.Z Principals/Collusion

By submission of this proposal, the undersigned, as proposer, does declare that the only person or persons interested in this solicitation as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this solicitation or in the contract to be entered into; that this proposal is made without connection with any person, company or parties submitting a proposal, and that it is in all respects fair and in good faith without collusion or fraud.

IV.AA Prohibition of Gifts to City Employees

No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences:

A. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time;

B. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes and;

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0M2UzZmUtNWI5ZS00YTAyLTkzZWEtMDU4MzQ3Njk4ZDgw%40thread.v2/0?context=%7b%22Tid%22%3a%22e8a2d9f9-0bd2-4e4a-ae4c-4a9092138ff8%22%2c%22Oid%22%3a%223580558d-a61c-452f-b761-445deb37149f%22%7d

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C. Immediate termination of any contract held by the individual and/or firm for cause.

IV.BB Proposal, Presentation, and Protest Costs

The City shall not be liable in any way for any costs incurred by any proposer in the preparation of its bid in response to this RFP, nor for the presentation of its bid and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.

IV.CC Proposal Due Date

Submittals shall be received prior to 5:00 pm on Wednesday, August 6, 2025. Submittals shall be submitted through the City’s e-Procurement Portal.

Submittals received after the designated time will not be permitted or accepted. There is no expressed or implied obligation for the City of New Smyrna Beach to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.

IV.DD Protest Procedures

1) Respondents who do not agree with the City's recommendation for award shall be afforded the opportunity to protest the recommendation by submitting written notice to the Purchasing Division. Proposals not meeting the minimum published requirements, including specifications, scope of service, or required documents, are not subject to protest.

2) Such notice shall be given within three (3) business days after the City posts its notice of intent to award.

3) A formal written protest shall be made to the Purchasing Division within five (5) working days after filing the notice of protest, which shall state the grounds for the protest and the action requested.

4) The formal written protest shall include with it a bid protest bond in the amount of one percent (1%) of the estimated contract amount, as provided in Florida Statutes § 287.042(2)(c) and Rule 28-110.005 of the Florida Administrative Code. The notice of protest must be either hand-delivered and date and time stamped by the Finance Department, or sent via Certified U.S.

mail, return receipt requested. Failure to file a protest within the timeframe specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding award of the bid.

For full bid protest guidance, consult Section 9.1, Notice of Protest, of the City of New Smyrna Beach’s purchasing policy.

IV.EE Public Entity Crimes

Pursuant to Section 287.133(12)(a) of the Florida Statutes, “A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or

15 | P a g e perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list.”

IV.FF Relation of City

It is the intent of the parties hereto that the consultant shall be legally considered an independent consultant, and that neither the consultant nor their employees shall, under any circumstances, be considered employees or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.

IV.GG Requesting the Solicitation Document

The City of New Smyrna Beach Purchasing Department is the official source to obtain information relating to the City solicitations.

All documents regarding this solicitation are posted utilizing an online bid management system, OpenGov. There is no charge to register with OpenGov and/or to participate in the solicitation process.

IV.HH Requests for Clarification

The City may, as it deems necessary, conduct discussions with responsible respondents for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements.

Requests by the Purchasing Coordinator to a proposer(s) for clarification of a submittal(s) shall be in writing. Proposer’s failure to respond to request for clarification may deem proposer to be non-responsive and may be just cause to reject its proposal.

IV.II Single Proposal

Each Proposer must submit, with their bid, the required forms included in this solicitation. Only one proposal from a legal entity as a primary shall be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same solicitation.

All submittals in violation of this requirement shall be deemed non-responsive and rejected from further consideration.

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IV.JJ State Registration Requirements

Any corporation submitting a proposal in response to this solicitation shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes. A copy of the registration/application may be required prior to award of a contract.

Any partnership submitting a response to this Solicitation shall have complied with the applicable provisions of Chapter 620, Florida Statutes. For additional information on these requirements, please contact the Florida Secretary of State’s Office, Division of Corporations at (800) 755-5111 or visit the following website: (http://www.dos.state.fl.us).

IV.KK Termination

Termination for Convenience: The City reserves the right to terminate the Agreement in whole or part at any time without penalty or cause, which termination date shall not be less than thirty

(30) days after the date of such written notice. Upon receipt of the written notice, the Contractor shall immediately stop all work as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the City. In the event of termination under this provision, all goods, materials, documents, data and reports prepared by the Contractor under the Agreement shall become the property of and delivered to the City. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed, and materials accepted before the effective date of termination. Such compensation shall be the Contractor’s sole remedy against the City in the event of termination under this provision.

Termination for Cause or Default: The City reserves the right to terminate the Agreement in whole or in part due to the failure of the Contractor to comply with any term or condition of the Agreement, including failure to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Agreement. The City shall provide written notice of the termination and the reasons for it to the Contractor. Upon termination under this provision, all goods, materials, documents, data and reports prepared by the Contractor under the Agreement shall become the property of and be delivered to the City on demand. The City may, upon termination of the Agreement, procure, on terms and in the manner that it deems appropriate, materials, or services to replace those under the Agreement.

The Contractor shall be liable to the City for any excess costs incurred by the City in re-procuring the materials or services.

Contractor’s Right to Terminate: If the work should be stopped for a period of three (3) months, under any order of any court or public authority, other than by the Owner, through no act of fault of the Contractor or of anyone employed by the Contractor, then the Contractor may, upon thirty (30) days written notice to the Owner, terminate the Contract and recover from the Owner payment for all work executed and any expense sustained plus a reasonable profit thereon.

Force Majeure:

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No Party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, except for any obligations to make payments to the other party hereunder, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s control, including but not limited to, the following force majeure events:

a) Acts of God

b) A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, infestations, epidemic or pandemic)

c) War, invasion, hostilities (regardless if war is declared or not), terrorist threats or acts, riots or other civil unrest

d) Government order or law

e) Actions, embargoes or blockades in effect on or after the date of this Agreement

f) Action by any governmental authority

g) National or regional emergency

h) Strikes, labor stoppages or slowdowns or other industrial disturbance, and

i) Shortage of adequate power or transportation facilities

The Impacted Party shall give notice within two (2) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of sixty (60) days following Notice given by it, then either party may thereafter terminate this Agreement upon Notice

Notwithstanding the foregoing, any pandemic or epidemic, including but not limited to those related to COVID-19 and its mutations, and related issued executive orders and/or administrative orders by any federal, state, or local government entity related to any pandemic or epidemic, shall NOT be considered a force majeure and is expressly excluded from that definition herein and said event shall not prevent CONTRACTOR from timely performing its functions under this Agreement.

IV.LL Title VI

No person shall on the basis of race, color, national origin, sex, age, disability, family or religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Florida Civil Rights Act of 1992 and other nondiscrimination authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity of the City of New Smyrna Beach.

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IV.MM Validity of Submittal

Submittals cannot be withdrawn after they are filed unless the respondent makes their request in writing to the City prior to the time set for the closing of RFP.

All submittals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.

V. Description of Services

The objective of this solicitation is to obtain the services of consultants with the capability to provide Concessionaire Services. The Scope of services under this Contract will be unique for each project and will be identified by the City in writing prior to requesting a proposal from the Consultant.

V.A General Overview

The City of New Smyrna Beach is seeking to enter into a Concession License Agreement with one or more contractors to provide food, non-alcoholic beverages, novelty items and other suitable snack foods and refreshments at various locations within the city.

The City reserves the right to make multiple awards if it is in the best interest of the city.

Awarded contractor(s) will provide all labor, materials, equipment, permitting and licensing associated and required to perform sales of food and non-alcoholic beverage within the awarded facility or facilities.

Awarded contractor(s) must comply with the City of New Smyrna Beach Code of Ordinances, Chapter 38 (Environment), Article IV Single-Use Plastics, Sec. 38-112. - Prohibition:

(1)The use of polystyrene or polypropylene food service articles and plastic straws by city contractors and polystyrene or polypropylene food service articles or plastic straws in city facilities or on city property, including but not limited to special events on city property or in a city facility is prohibited.(2)The provisions of this section shall be incorporated into all contracts, leases, or concession agreements for city contractors and temporary contractors entered into after the effective date of this article.(3)A violation of this section shall be deemed a material default under the terms of this contract, lease or concession agreement or temporary authorization from the city and is grounds for termination or revocation of a special event permit, contract, lease, concession agreement or temporary authorization from the city.

V.B Facility Locations

As outlined in the December 6, 2021, Final Plan of the City of New Smyrna Beach Parks Master Plan, the City has thirty-seven (37) park facilities.

The following facility is the primary focus related to this solicitation. Additional locations may be added on an as needed basis throughout the duration of contract.

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• The City of New Smyrna Beach Sports Complex is located at 1800 Turnbull Bay Road, New Smyrna Beach, Florida, 32168. This is a 68-acre complex featuring a football stadium, baseball stadium, 4 baseball fields, 3 softball fields, 3 full-size soccer fields, and 2 multipurpose fields. The complex is home to New Smyrna Beach High School's football and baseball teams as well as 50+ baseball, softball, and soccer tournaments a year. The complex is also home to senior softball & youth flag football leagues run by the city. For home football games, the New Smyrna Beach High School operates the concession at the football stadium.

• The complex has 3 concession stand buildings that include sinks, countertops and ice machines. Two of the buildings are approximately 225 square feet with dry storage space. The third building is approximately 525 square feet with dry storage space. Each floor is polyurethane sealed concrete and has electrical service and water.

Additional information related to the City of New Smyrna Beach Parks Master Plan and Sports Complex can be found on the City's website and by using the following links:

Master Plan: https://www.cityofnsb.com/764/Parks

Sports Complex: https://www.cityofnsb.com/1292/Sports-Complex

V.C Hours of Operation

Hours of operation may vary based on site relative to programs and events. The Contractor(s) will be provided a schedule of games/events for which concessions will be required. The City will require the concession areas to be open and operational thirty (30) minutes prior to the start of the first game/event, and through the conclusion of the final game and/or event.

Concession stands will be required to be operational throughout all tournament matches scheduled on Saturdays and Sundays from 8:00 am to 5:00 pm, or until 30 minutes following the conclusion of the last game. Concession stands are to be open on weeknights, at a minimum, from 5:30 pm to 7:30 pm. The City will provide league schedules before each season, detailing the dates and times for the scheduled games.

The licensed premises shall be used only for the purpose of providing the City with concessionaire services which includes the selling of approved food items, non-alcoholic beverages, and novelty items.

If the Contractor requires access outside of the regularly scheduled business hours, then the Contractor will obtain permission/access through the Leisure Services main office. Upon completion of requested access, the Contractor must report out through the same office to ensure facility is secured.

V.D Guaranteed Commissions/Profit

The City does not guarantee the Contractor any level of revenue, sales, or earnings; nor is the City responsible for the Contractor's losses, operation, marketing, or financial obligations. By https://www.cityofnsb.com/764/Parks https://www.cityofnsb.com/1292/Sports-Complex

20 | P a g e submitting a proposal, the Contractor warrants that it is an independent contractor and has the necessary authority, knowledge, experience, and financial resources to enter into contracts relating to food service operations.

V.E Concessionaire Responsibilities

The awarded contractor(s) are responsible for, but not limited to:

• Required to comply with all applicable Local, State and Federal laws, including those relating to required permits, licenses, ordinances, health codes as well as equal employment opportunity and non-discrimination in the provision of services.

• Obtaining and maintaining all permits associated with operation of the facility. Any permanent improvements to the facility to bring it into code will become the property of the City of New Smyrna Beach.

• Maintenance and repairs of the concession building(s) or stand(s), equipment and serving areas in clean and sanitary fashion that meets all health code and facility requirements.

The City of New Smyrna shall have the right to make inspections at any reasonable times to ensure compliance throughout the duration of the future agreement.

• Provide all equipment including any and all alterations to comply with any and all permitting agencies. All equipment materials and product must be secured daily. (Note: If any equipment is provided by the City of New Smyrna, it will be maintained by the city.

However, the Concessionaire may request to have it removed or can replace it with their own equipment.)

• Provide cash registers that will be reconciled on a daily/nightly basis. Concessionaire will be required to provide own credit card device where applicable and agrees to accept various payment methods in the form of cash and credit cards. Including MasterCard, Visa, Discover and American Express.

• Provide food, non-alcoholic beverages, and personnel service sufficient to meet public demand. On a bi-annual basis, the Concessionaire will provide a list of items for sale and the City reserves the right to approve or deny these items.

• Obtain and maintain high level 2 background checks on employees and or volunteers.

Background checks are mandatory and shall be at the Contractor sole cost and expense, no exceptions. Contractor must provide updated information to the city when requested.

No employee is allowed to work at any location without a background check submitted to the city including any one-time or specialty crews.

V.F Equipment

Equipment located on premises owned by City and used by the Contractor shall be listed on a basic inventory approved jointly by the City and the Contractor at the start of the contract.

Subsequent changes, additions, or deletions, to the basic inventory shall be in writing and

21 | P a g e approved jointly by both parties. Any repairs due to general use, negligence will be the responsibility of the concessionaire.

On the renewal date of the contract and at the termination date of the contract, a joint inventory shall be taken by the parties to verify correctness of inventory.

Equipment owned by the Contractor and utilized in the facilities will be removed by the Contractor upon expiration of the contract.