REQUEST FOR PROPOSALS

2026-A-317

NORTHWEST RECREATION COMPLEX CONCESSION OPERATIONS

AND ASSOCIATED SERVICES

City of Apopka

120 E Main St.

Apopka, FL 32703

RELEASE DATE: July 26, 2026

DEADLINE FOR QUESTIONS: August 7, 2026

RESPONSE DEADLINE: August 27, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

Request for Proposals #2026-A-317 Title: Northwest Recreation Complex Concession Operations and Associated Services https://secure.procurenow.com/portal/apopka https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Apopka

REQUEST FOR PROPOSALS

Northwest Recreation Complex Concession Operations and Associated

Services

I. Introduction II. Instruction to Proposers

III. Scope of Work IV. Submittal Content V. Evaluation Criteria

VI. Insurance Requirements VII. Terms and Conditions

VIII. Pricing Proposal IX. Vendor Response

Attachments:

A - Concession_Bid_Overhead_NWRC_(1)

1. Introduction

1.1. Summary

The City of Apopka is seeking proposals from qualified vendors to provide concession services at the

Northwest Recreation Complex. The selected vendor must be licensed to do business in the State of

Florida and perform under the laws of the State of Florida. There is no guarantee of concession sales as a result of this solicitation either expressed or implied. The initial term is for one (1) year, with the option to renew for four (4) additional one-year terms. Although cost will be a major consideration in evaluating proposals, it will not be the only consideration. Proposals will be ranked using the Proposers experience;

ability to provide specified services; proposed fee structure paid to the City and the completion of the

RFQ (as described in the Evaluation Methods Section of this document).

1.2. Background

The City of Apopka Northwest Recreation Complex is the city and region's premier complex for athletic events, recreational programming, and various concerts and festivals. Spanning 270 acres, the Northwest

Recreation Complex consists of 12 natural turf baseball/softball fields, 16 multipurpose fields, 4 asphalt tennis courts, 3 basketball courts, 4 beach volleyball courts, a paced walking trail, 1300 seat amphitheater, two playgrounds, and an outdoor fitness pavilion. The park hosts over 75 athletic tournaments and events yearly, welcoming thousands of visitors. To enhance the experience of the park guests, the City of Apopka

Parks and Recreation Department is seeking a qualified vendor/vendors to provide concession services that can provide a wide-variety of affordable, high quality concession items to the guests. The awarded vendor/vendors will have access to the 4 on-site concession stands which are conveniently located throughout the park (see Attachment A).

1.3. Contact Information

Wonkiasha Washington

Procurement Administrator

150 East 5TH Street

Apopka, FL 32703

Email: wwashington@apopka.net

Phone: (407) 703-1692

Department:

Parks and Recreation

1.4. Timeline

Date Issued & Advertised July 26, 2026

Pre-Proposal Meeting (Non-Mandatory) July 31, 2026, 1:00pm

Northwest Main Administration Building: 3710

Jason Dwelley Parkway Apopka,, FL 32712 mailto:wwashington@apopka.net tel:(407)703-1692

Inquiry Deadline August 7, 2026, 11:59pm

E-Bid Submittal Deadline August 27, 2026, 3:00pm

Tentative Evaluation Committee Meeting

(Non-Mandatory)

September 3, 2026

Apopka City Hall: Edward Bass Conference Room, 120 E Main St, Apopka, FL 32703

Time; 3:00pm

RFP: Northwest Recreation Complex Concession

Operations and Associated Services

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Tentative City Council Approval September 16, 2026

2. Instruction to Proposers

2.1. Purpose

To obtain proposals for 2026-A-317, Northwest Recreation Complex Concession Operations and

Associated Services. The selected contractor must be licensed to do business in the State of Florida and perform under the laws of the State of Florida. Although cost will be a major consideration in evaluating proposals, it will not be the only consideration. Proposals will be ranked using the Evaluation Criteria described in Section 5 of the solicitation.

2.2. Proposal Submission

The RFP Packet may be examined and obtained at the City’s e-Procurement Portal, OpenGov

(https://procurement.opengov.com/portal/apopka) to be received no later than Thursday, August 27, 2026 at 3:00 pm. Vendors who obtain solicitation documents from sources other than these, are cautioned the solicitation package may be incomplete. Furthermore, all addendums will be posted and disseminated to those following the project.

The City of Apopka reserves the right to reject any and all proposals, accept any proposal or any combination of proposals, to waive any and all informalities or irregularities and to accept or reject all or any part of any proposal as they may deem to be in the best interest of the citizens of the City of Apopka.

The Awarded firm is required to enter into a contract with the City of Apopka.

2.3. Inquiries

All questions related to this RFP shall be submitted in writing through the OpenGov Question/Answer Tab via the City's e-Procurement portal, on or before, Friday, August 7, 2026 by 11:59 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to proposers following this solicitation on the City's e-Procurement Portal.

2.4. Addenda

Any addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this RFP. Failure of any proposer to receive any such addenda or interpretation shall not relieve such proposer from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents.

2.5. Withdrawal

Bids may be withdrawn through the City's e-Procurement Portal, the responding firm may “unsubmit” their proposal in OpenGov. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals prior to the proposal opening.

2.6. Pre-Proposal Meeting: Non-Mandatory

A non-mandatory meeting is scheduled for this project. Social distancing measures will be posted.

Contractors shall field and verify site conditions which could affect completion of work. Submission of a https://procurement.opengov.com/portal/apopka proposal will be construed as evidence that such verification has taken place. If claims arise for additional labor and/or equipment costs required for difficulties encountered during installation, these may not be approved.

Friday, July 31, 2026 at 1:00 pm

Location: Northwest Main Administration Building: 3710 Jason Dwelley Parkway Apopka,, FL 32712

The bidder shall examine the site carefully of the work and the Contract Documents and shall satisfactorily investigate as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the Contract. Bidders shall familiarize themselves with all federal and state laws, local ordinances and regulations which may in any manner affect the work or its prosecution. The filing of a Proposal shall be presumptive evidence that the bidder has complied with these requirements.

3. Scope of Work

3.1. Overview

The City of Apopka is accepting proposals from qualified reputable firms who are licensed, bonded and insured to perform the described work within Orange County, Florida. The Awarded Bidder shall meet or exceed all terms, conditions and specifications of the City of Apopka.

3.2. Scope of Work

The concessionaire shall be responsible for providing full concession operations located at the Northwest

Recreation Complex and other pre-approved locations and events throughout the City, including but not limited to:

A. Food and Beverage Service

The concessionaire shall provide a menu that includes a variety of reasonably priced food and beverage options suitable for families, youth athletes, spectators, and park visitors.

Menu items may include, but are not limited to:

• Bottled water, sports drinks and soft drinks

• Hot dogs, hamburgers, chicken items, pizza, sandwiches, wraps, or similar items

• Chips, pretzels, popcorn, nachos, and other snack items

• Candy, frozen treats, and other family-friendly options

• Healthier food options, when possible

• Coffee or breakfast items for early morning events, when appropriate

The sale of alcoholic beverages shall not be permitted unless specifically authorized by the City.

B. Operating Schedule

The concessionaire shall operate during City-approved dates and times, which may include:

• City youth and adult athletic programs

• League games and practices, when attendance supports concession operations

• Tournaments

• Special events

• Private rentals or other approved activities

• Other high-attendance park activities as requested by the City

The City will provide the concessionaire with event schedules, tournament schedules, blackout dates, and anticipated attendance when available. The concessionaire shall coordinate regularly with the Parks and

Recreation Department to determine appropriate operating hours.

The concessionaire shall be expected to operate during peak athletic seasons and major scheduled events unless otherwise approved by the City.

C. Staffing

The concessionaire shall provide all staffing necessary to operate concession services efficiently and safely. Staff shall be professional, courteous, properly trained, and appropriately dressed.

All concessionaire staff shall:

• Provide excellent customer service

• Follow all food safety requirements

• Maintain a clean and professional appearance

• Conduct themselves respectfully with City staff, coaches, officials, participants, and the public

• Be able to handle high-volume periods during tournaments and events

• Follow all City rules and facility procedures

The concessionaire shall be responsible for all employee wages, taxes, workers’ compensation, background checks if required, training, supervision, and compliance with applicable employment laws.

D. Licenses, Permits, and Inspections

The concessionaire shall be responsible for obtaining and maintaining all required licenses, permits, approvals, and inspections necessary to operate concession services.

This may include, but is not limited to:

• State of Florida food service license

• Business tax receipt, if applicable

• Florida Department of Health or Department of Business and Professional Regulation requirements, as applicable

• Fire inspections, if required

• Food handler or food manager certifications

• Any other applicable local, state, or federal requirements

Copies of all required licenses and permits shall be provided to the City prior to beginning operations and upon renewal.

E. Food Safety and Sanitation

The concessionaire shall comply with all applicable food safety, health, and sanitation standards.

The concessionaire shall be responsible for:

• Safe food preparation, handling, storage, and service

• Proper temperature control for hot and cold foods

• Maintaining a clean concession area

• Cleaning counters, equipment, sinks, floors, and service areas

• Pest prevention and proper food storage

• Proper disposal of grease, food waste, and trash

• Compliance with all health inspection requirements

• Immediate correction of any health or safety concerns

The concessionaire shall not dump or dispose of grease, food waste, or liquids into storm drains, landscaping, parking lots, restrooms, or any unauthorized areas. Any grease produced by the vendor must be collected and disposed of off-site at the expense of the concessionaire.

F. Equipment and Supplies

Unless otherwise approved by the City, the concessionaire shall provide all equipment, materials, supplies, and inventory necessary to operate the concession service.

This may include:

• Food and beverage inventory

• Cooking and warming equipment

• Refrigeration or coolers

• Serving supplies

• Cleaning supplies

• Point-of-sale system

• Cash handling equipment

• Signage and menu boards

• Tables, carts, or portable concession equipment, if needed

Any equipment brought onto City property must be approved by the City and maintained in safe working condition.

The concessionaire shall not make alterations, additions, or improvements to City facilities without prior written approval from the City.

G. Utilities

The City shall provide access to available utilities at the concession location, such as electricity and water, if available. The concessionaire shall be responsible for properly using utilities and immediately reporting any maintenance or safety issues to the City.

The concessionaire shall not overload electrical circuits or use extension cords, generators, propane, cooking equipment, or other equipment unless approved by the City and compliant with all safety requirements.

H. Menu Pricing

The concessionaire shall provide proposed menu items and pricing to the City for review prior to beginning operations.

The City reserves the right to review menu pricing to ensure prices are reasonable and appropriate for a public recreation facility.

Any menu or pricing changes shall be submitted to the City in advance for written approval. Requests for changes in pricing or menu items shall be reviewed and processed within 14 days of a confirmed receipt of the request.

I. Revenue, Fees, and Reporting

The concessionaire shall pay the City the agreed-upon concession fee, commission, rental fee, or revenue share as established in the final agreement.

The concessionaire may be required to provide:

• Monthly sales reports

• Event sales reports

• Gross revenue summaries

• Payment to the City by an established deadline

• Documentation supporting reported sales, if requested

The City reserves the right to audit concession-related records associated with operations at the

Northwest Recreation Complex.

J. Cleanliness and Trash Removal

The concessionaire shall keep the concession area and surrounding customer service area clean during and after operations.

Responsibilities include:

• Cleaning the concession stand or sales area

• Removing trash generated by concession operations

• Breaking down and disposing of boxes and packaging

• Keeping service windows and customer areas clean

• Cleaning spills immediately

• Leaving the area in good condition at the end of each operating day

The concessionaire shall coordinate with City staff regarding trash disposal locations and procedures.

K. Customer Service Standards

The concessionaire shall provide prompt, courteous, and professional service at all times.

The concessionaire shall be expected to:

• Serve customers in a timely manner

• Provide clear menu pricing

• Maintain adequate inventory for scheduled events

• Respond professionally to complaints

• Notify the City of any significant issues

• Work cooperatively with City staff and event organizers

The City reserves the right to require corrective action if customer service standards are not met.

L. Coordination with City Staff

The concessionaire shall designate a primary contact person who will coordinate with the Parks and

Recreation Department.

The concessionaire shall communicate with City staff regarding:

• Operating schedules

• Tournament and event needs

• Facility access

• Maintenance concerns

• Utility issues

• Menu changes

• Special event requests

• Emergency or safety concerns

The concessionaire shall attend coordination meetings when requested by the City.

M. Minimum Requirements

Respondents shall meet the following minimum requirements:

A. Experience operating concession, food service, catering, mobile food, or similar services.

B. Ability to obtain and maintain all required licenses, permits, and insurance.

C. Ability to operate during evenings, weekends, tournaments, and special events.

D. Ability to provide adequate staffing for high-volume events.

E. Demonstrated ability to maintain clean, safe, and professional food service operations.

F. Ability to comply with City policies, facility rules, and all applicable laws.

G. Financial ability to provide required inventory, staffing, equipment, and supplies.

H. Good standing with applicable regulatory agencies.

I. Firm must have been incorporated, organized, and/or established for a period of at least three

(3) years but 5 years preferred.

J. The Contractor OR the license holder OR the project manager, must have successfully operated, as the owner or primer operator, for at least one (1) business similar in scope to this project within the last five (5) years. If qualifying via license holder or project manager please fill out an additional experience form (one for the Contractor and one for the license holder and/or project manager).

K. Contractor must provide good recommendations from at least three (3) clients similar to the

Owner. If the Contractor is qualifying via license holder or project manager experience via (c) above, then Contractor must provide three (3) good recommendations from at least three (3) clients similar to Owner for license holder and/or project manager using the same reference form attached.

L. The City may conduct such investigations as it deems necessary to assist in the evaluation of any

Bid and to establish the financial capability of the bidder and their proposed sub-contractors.

Prior to award of a contract, the City reserves the right to request financial information from the

Awarded Bidder to assist in further review of that Bidder’s qualifications and capabilities and to verify whether the Bidder has adequate financial capacity to meet the requirements of the

Invitation to Bid. Financial information provided shall be for the current and previous two years, to include, but not be limited to a financial statement prepared by a Certified Public Accountant

(i.e., balance sheet and income and cash flow statements) or a Supplier Qualifier Report prepared by Dun & Bradstreet.

M. Contractor must be able to provide evidence of its ability and legal authorization to conduct business in the jurisdiction in which the project is located.

N. Insurance Requirements

The concessionaire shall maintain insurance coverage as required by the City. Please refer to the Insurance

Requirements section of this RFP for further details.

O. Background Checks and Conduct

The City may require background checks for concessionaire staff, especially if staff will be working in areas with youth programs or regular public interaction.

The concessionaire and its employees shall not engage in inappropriate conduct, use profanity toward patrons, sell unauthorized items, or interfere with City operations.

The City reserves the right to require removal of any concessionaire employee from City property for inappropriate behavior, safety concerns, or failure to follow City requirements.

P. Prohibited Items and Activities

The concessionaire shall not sell, provide, or promote the following:

• Alcoholic beverages

• Tobacco, vape, or nicotine products

• Cannabis, CBD, or related products

• Glass containers

• Fireworks or hazardous items

• Weapons or weapon-related items

• Unauthorized merchandise

• Items that conflict with City sponsorships or agreements

• Any item deemed inappropriate by the City

The concessionaire shall not sublease, assign, or transfer concession rights without written approval from the City.

Q. Facility Use and Security

The concessionaire shall be responsible for securing its own inventory, equipment, cash, and supplies.

The City is not responsible for lost, stolen, or damaged concessionaire property.

The concessionaire shall follow all facility access procedures established by the City, including key control, gate access, alarm procedures, and opening/closing requirements.

Any damage to City property caused by the concessionaire, its employees, vendors, or equipment shall be repaired or reimbursed by the concessionaire.

R. Special Events and Tournaments

For large tournaments or special events, the City may require expanded concession operations, additional menu options, longer hours, or additional staffing.

The concessionaire shall coordinate with the City in advance of major events to ensure appropriate coverage.

The City reserves the right to allow additional food vendors, food trucks, sponsors, or event-specific vendors for special events, tournaments, or City-sponsored activities when deemed necessary by the City.

S. Performance Standards

The concessionaire’s performance may be evaluated based on:

• Reliability and attendance during scheduled operations

• Quality and variety of food and beverage offerings

• Menu pricing

• Cleanliness and sanitation

• Customer service

• Compliance with health and safety regulations

• Communication with City staff

• Ability to support tournaments and events

• Timely payment of fees or revenue share

• Overall benefit to the public and the City

Failure to meet performance standards may result in corrective action, suspension of operations, or termination of the agreement.

T. City Rights and Responsibilities

The City reserves the right to:

• Approve operating schedules

• Approve menu items and pricing

• Inspect concession areas

• Require corrective action

• Restrict or prohibit certain items

• Allow additional vendors to operate within the complex at the sole discretion of the City.

• Modify facility schedules

• Close facilities due to weather, maintenance, emergencies, or City needs

• Terminate the agreement for non-performance or violation of agreement terms

U. Weather, Cancellations, and Facility Closures

The concessionaire acknowledges that recreation programs, games, tournaments, and events may be canceled or rescheduled due to weather, field conditions, emergencies, maintenance, or other City decisions.

The City shall not be responsible for lost revenue due to cancellations, low attendance, weather, or facility closures.

The concessionaire shall communicate with City staff regarding schedule changes and closures.

V. Proposal Requirements

Respondents should submit the following information:

A. Company name, contact person, address, phone number, and email.

B. Description of experience operating concessions or food service.

C. Proposed menu and pricing.

D. Proposed operating plan for league play, tournaments, and special events.

E. Staffing plan.

F. List of equipment to be used on site.

G. Copies of current licenses or ability to obtain required licenses.

H. Proof of insurance or ability to meet City insurance requirements.

I. References from similar concession, food service, or public facility operations.

J. Proposed financial offer to the City, including rental fee, commission, revenue share, or other proposed structure. Minimum fee paid to the City is $4,000 monthly.

K. Cleaning and sanitation plan.

L. Any additional services or benefits offered to the City.

W. Evaluation Criteria

Proposals may be evaluated based on the following:

• Experience and qualifications

• Proposed menu quality, variety, and pricing

• Ability to serve youth sports, tournaments, and public recreation users

• Staffing and operating plan

• Financial return to the City

• Customer service approach

• References and past performance

• Compliance with licensing, insurance, and safety requirements

• Overall value and benefit to the City of Apopka

X. Agreement Compliance

The selected concessionaire shall enter into a written agreement with the City of Apopka. The agreement shall include all final terms and conditions, insurance requirements, operating expectations, payment requirements, termination provisions, and other City-required provisions.

The concessionaire shall comply with all City, county, state, and federal laws, rules, regulations, and policies applicable to concession operations.

4. Submittal Content

4.1. Inquiries/Availability

Inquiries concerning Proposal Submittals shall be submitted in writing through the OpenGov

Question/Answer Tab via the City's e-Procurement portal, on or before, Friday, August 7, 2026 by 11:59

pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents (above). Violation of this provision may be grounds for rejecting a response.SEE "CONE OF SILENCE" UNDER TERMS AND CONDITIONS!

Phone calls seeking additional information will not be accepted.

CONTACT WITH CITY PERSONNEL OTHER THAN THE PURCHASING ADMINISTRATOR OR DESIGNATED

REPRESENTATIVE, REGARDING THIS REQUEST FOR PROPOSAL MAY BE GROUNDS FOR ELIMINATION

FROM THE SELECTION PROCESS.

It is the bidder’s responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Bid Document. Lack of understanding and/or misinterpretation of any portions of this Bid Document shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Bidders must contact the City of Apopka BEFORE question due date should clarification be required. Requests for clarifications received after the deadline will not be accepted.

4.2. Addenda

Any addendum shall be posted on the City's e-Procurement Portal on OpenGov. Addenda notifications will be emailed to all persons on record as following this RFP. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted.

All addenda so issued shall become part of the contract documents.

4.3. Time & Location

Proposals must submitted electronically via the City's e-Procurement Portal, OpenGov by the due date and time listed in this solicitation.

It is the sole responsibility of the entity submitting the Bid to see that his/her Bid Package is received at the proper time. Proposals “faxed”, hand delivered, mailed or emailed to the City shall not be accepted.

Bids received after the scheduled closing time for receipt of RFP’s will not be accepted. The Owner reserves the right to reject any and all bids and to waive any and all irregularity in any bid.

4.4. Submittal Content

The submittal of a Statement of Proposal by the Proposer will be considered by the City as constituting an Offer by the Proposer to perform the required services. Respondents must meet the minimum requirements stated herein to qualify for consideration. If these minimum requirements are not met, please do not submit a response since it will be deemed by the City to be non-responsive.

4.5. Submittal Package

Submit this portion of the Request for Proposal as your firms Qualifications Package. Complete the following information exactly as shown including numbering and tabbing sections. This information is vital for the City to rate your firm, as your evaluation and ranking will be based on the information supplied below along with any other information required by the City.

A. Statement of Capabilities/Letter of Interest [Limit of 2 Pages]:

Provide a statement that addresses why the specific Proposer would be in the best posture to deliver the required services.

B. Company Overview and Key Leadership Staff

1. Company name, contact person, address, phone number, and email.

2. Description of experience operating concessions or food service.

3. Key Concession contract currently held by the vendor

C. Operations Plan

1. Staffing Plan

2. Proposed Menu and Pricing

3. Cleaning and Sanitization Plan

D. Licenses, Permits, and Certificates

1. Provide copies of applicable licenses, permits, and certificates

E. Financial Proposal

1. Breakdown of selected financial proposal to the City to include how the proposal will allow both the City and proposer to be successful in this partnership.

F. Additional Services and Offerings to the City

1. Provide and overview of additional services offered to the City as part of this proposal.

4.6. Evaluation Methodology & Selection Procedure

A selection committee will be established in order to review and evaluate all submittals in response to this Request for Proposal (RFP). The committee shall conduct an evaluation of all submittals on the basis of the information provided and other evaluation criteria as set forth in this RFP or as reasonably determined by the committee. The committee shall convene at a publicly noticed meeting to collectively discuss and review submissions, score/rank and evaluate the proposals, and provide a recommendation for award. Each member of the committee shall evaluate and score/rank each proposal based on the criteria outlined. The Procurement Administrator, or designee, shall tally the final rankings and announce the final total ranking.

The Committee will review each submittal for compliance with the minimum qualifications and requirements of the RFP. Failure to comply with any mandatory requirements will disqualify a submittal.

Vendors may be selected for interviews or questioned for clarification by the committee. The committee may choose to interview the shortlisted vendors or to proceed directly into recommendation of a contract with the highest ranked vendor. Should the committee recommend interviews, the City will coordinate with the short-listed vendors for an appropriate meeting time and place. Interviews are not anticipated to last longer than 1 hour per vendor. The City will provide the interview scoring/ranking criteria and an agenda or outline to the short-listed vendors in advance of the interview. Upon completion of interviews, the short-listed vendors will be re-scored based on information provided during the interview to determine the highest-ranking vendor(s). If interviews are conducted the initial scoring total and the interview scoring total will be combined together to provide a final scoring/ranking.

If an agreement cannot be reached with the highest-ranked vendor, the City intends to select the next qualified and responsive ranked vendor(s), or reject all RFP’s. The selection of the vendor(s) shall be at the discretion of the City, and the City reserves the right to reject any or all RFP’s or to award multiple submissions. A contract with the successful submitter(s) is formed only after City Council approval of the contract.

NO AWARD WITH RESPECT HERETO SHALL BE DEEMED FINAL AND ALL SUCH AWARDS SHALL BE DEEMED

CONDITIONAL, UNLESS AND UNTIL THE PARTIES SHALL HAVE FULLY EXECUTED THE AGREEMENT(S)

CONTEMPLATED HEREIN, AND A FULLY EXECUTED AGREEMENT HAS BEEN RETURNED TO THE BIDDER BY

THE CITY. THE CITY RESERVES THE RIGHT TO REVOKE ANY AWARD MADE HEREUNDER, WITHOUT

PENALTY, PREMIUM, OR OBLIGATION, AGREEMENT(S) TO THE BIDDER, NOTWITHSTANDING THAT AN

AWARD MAY HAVE BEEN PUBLISHED. NO BIDDER SHALL BE ENTITLED TO RELY ON ANY ANNOUNCEMENT

OF AWARDS, AND THE CITY SHALL IN NO WAY BE ESTOPED IN THE REVOCATION OF AN AWARD

PREVIOUSLY GRANTED.

5. Evaluation Criteria

The points will be totaled to achieve the Total Points awarded to each Proposer. The greatest cumulative of Total Points will be ranked 1, the next greatest total ranked 2, etc. Points will be assigned to each proposal based on the following weighted criteria:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Completeness of RFP Packet

Proposer provided adequate supporting documentation to highlight their ability to serve the concession needs at the Northwest

Recreation Complex. Supporting documentation may include but is not limited to the following:

• Overview of current business operations

• Experience of owner and key leadership staff

• References

• Staffing and Operations Plan

• Proposed Menu and pricing

• Copies of licenses, employee training certificates, insurance and inspection information

• Proposed financial package paid to the City

• Additional benefits offered to the

City

Points Based 20 (20% of Total)

2. Experience of the Proposer

The proposer provided an in-depth background for current business operations and all key leadership positions within the business which includes:

• Experience in the food and beverage industry with focus on similar types of operations being requested through this RFP

• Experience in a concession or food truck business

• Years the current proposer has been in business

• Highlight other successful business endeavors under the proposers management

Points Based 25 (25% of Total)

3. Ability to meet the RFP Scope of Services

Proposer has provided adequate documentation to demonstrate their ability to meet the scope of services outlined in this RFP.

Supporting documentation may include the following:

• Adequate Operations Plan

• Staffing Plan

• Customer Service Philosophy and

Approach

• Demonstrated financial stability to support expected operations outlined in this RFP

• Food and Beverage proposal is appropriate for this type of venue and clientele.

• Ability to consistently provide a quality product and service at an affordable cost to their customers

• Provided valid license's, insurance requirements, and training certificates

Points Based 25 (25% of Total)

4. Yearly Financial Proposal Paid to the City

The proposer shall provide a financial proposal to the city which shall be structured in one of the following ways:

• Flat monthly fee paid to the City.

• Base monthly fee combined with a revenue share paid to the City

• Revenue Share paid to the City

*The minimum monthly fee paid to the City shall be $4,000.

Has the proposer clearly outlined their financial proposal to include why they feel their proposal is in the best interest of the City to select. Does the financial package allow for sustainability and consistency throughout the length of the contract terms as well as allow the proposer the ability to provide quality goods and services at an affordable cost.

Points Based 20 (20% of Total)

5. Added Value to the City

The proposer shall include any additional benefits available to the City such as :

• Ability to provide similar services at community events and concerts both at the Northwest Recreation

Complex as well as other City owned properties

• Willingness to provide group/discounted services for City organized program participants in which the order is placed in advance.

(catering, end of year party packages, kids packs, etc)

• Willingness to provide fundraising opportunities to City of Apopka

Partner programs such as Apopka

Little League and Apopka Pop

Warner

Points Based 10 (10% of Total)

6. Insurance Requirements

6.1. Overview

The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker’s compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting therefrom, any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater.

The Contractor shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor’s work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others.

6.2. Information and Provisions

The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies which contain the following information and provisions:

A. The name and type of policy and coverages provided;

B. The amount or limit applicable to each coverage provided;

C. The date of expiration of coverage;

D. The designation of the City of Apopka, Florida and Engineer as additional insureds and certificate holders. (This requirement shall not apply to the Worker’s Compensation Insurance.);

E. The following clause must appear on the Certificate of Insurance:

“Cancellation should any of the above described policies be canceled before the stated expiration date thereof, insurer will not cancel same until at least thirty (30) days prior written notice (by certified mail) has been given to the below named certificate holder. This prior notice provision is a part of each of the described policies.”

6.3. Requirements

Each Certificate of Insurance shall be accompanied by documentation that is acceptable to the Owner establishing that the insurance agent and/or agency issuing the certificate of Insurance has been duly authorized, in writing, to do so by and on behalf of the insurance company underwriting the insurance coverage(s) indicated on each Certificate of Insurance.

If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the

Work or termination of the Agreement, the Contractor shall furnish to the Owner, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement.

If Owner has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor in accordance with the requirements of the Contract Documents on the basis of its not complying with the Contract Documents, Owner shall notify Contractor in writing.

Contractor shall provide to the Owner such additional information with respect to its insurance as may be requested.

6.4. Insurance Coverage

The Contractor shall obtain and maintain the following insurance coverages as provided hereinbefore, and in the type, amounts and in conformance with the following minimum requirements:

INSURANCE SCHEDULE

Workers Compensation Statutory

A. Employers Liability $1,000,000 Each Accident

$1,000,000 Per Person - Disease

$1,000,000 Aggregate - Disease

B. General Liability $1,000,000 Each Occurrence

$100,000 Damage to Rented Premises

$1,000,000 Personal Injury and Advertising

$2,000,000 General Aggregate

$1,000,000 Products/Completed Operations Aggregate

$10,000 Medical Payments

C. Business Automobile

Liability $1,000,000 Combined Single Limit

6.5. Form of Coverage

Industry Standard:

General Liability: Insurance Services Office form CG0001 (12/04) or equivalent

Business Auto: Insurance Services Office form CA0001 (03/06) or equivalent

6.6. Special Provisions

A. All tools and equipment owned by the contractor/subcontractor are the responsibility of the owner of the equipment. The City is held harmless for loss of any kind.

B. Additional Insured: City of Apopka, it’s employees, agents and any representatives shall be named as additional insured on the General Liability (including Products & Completed

Operations) and Auto Policies.

C. Waiver of Subrogation: Workers Compensation and General Liability policies shall contain a

Waiver of Subrogation in favor of and naming: City of Apopka, it’s employees, agents, and any representatives.

D. General Liability policy will include “Per Project Aggregate” endorsement.

E. Primary and Non-Contributory: For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO

CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

This requirement shall also apply to any Excess or Umbrella liability policies. A.M. Best:

Policies shall be issued by carriers rated A- VIII or better by A.M. Best.

7. Terms and Conditions

7.1. Term of Contract

The initial contract period will be for one (1) year from date of award with the option to renew, at the

City’s sole discretion, for four (4) additional one (1) year periods.

7.2. Qualifications

Bids shall only be considered from firms licensed, bonded and insured to do business in the State of

Florida, County of Orange; being regularly engaged in the business as described in this RFP Packet; having performed work of similar size and scope; having sufficient financial support, manpower, equipment, and organization to ensure the satisfactory execution the project if awarded a contract under the terms and conditions herein stated; and are so situated as to assure prompt service.

The terms “equipment” and “organization” as used herein, shall be construed to mean a fully equipped and well-established company, in-line with the best industry/business practices and standards and determined by the City. The City reserves the right to request information or conduct an inspection of the

Bidder’s facility and equipment prior to the award of the contract.

In order for the Owner to obtain the best quality of work in a reasonable period of time, the Owner reserves the right to reject bids from Contractors who are unable to meet the following requirements.

A. Firm must have been incorporated, organized, and/or established for a period of at least three (3) years but 5 years preferred.

B. The Contractor OR the license holder OR the project manager, must have successfully operated, as the owner or primer operator, for at least one (1) business similar in scope to this project within the last five (5) years. If qualifying via license holder or project manager please fill out an additional experience form (one for the Contractor and one for the license holder and/or project manager).

C. Contractor must provide good recommendations from at least three (3) clients similar to the

Owner. If the Contractor is qualifying via license holder or project manager experience via (c) above, then Contractor must provide three (3) good recommendations from at least three (3) clients similar to Owner for license holder and/or project manager using the same reference form attached.

D. The City may conduct such investigations as it deems necessary to assist in the evaluation of any

Bid and to establish the financial capability of the bidder and their proposed sub-contractors. Prior to award of a contract, the City reserves the right to request financial information from the

Awarded Bidder to assist in further review of that Bidder’s qualifications and capabilities and to verify whether the Bidder has adequate financial capacity to meet the requirements of the

Invitation to Bid. Financial information provided shall be for the current and previous two years, to include, but not be limited to a financial statement prepared by a Certified Public Accountant

(i.e., balance sheet and income and cash flow statements) or a Supplier Qualifier Report prepared by Dun & Bradstreet.

E. Contractor must be able to provide evidence of its ability and legal authorization to conduct business in the jurisdiction in which the project is located.

7.3. Term of Contract and Termination

The initial contract period will be for one (1) year from date of award with the option to renew, at the

City’s sole discretion, for four (4) additional one (1) year periods. . Annual renewals shall be by mutual written agreement and not automatic.

The Contract Agreement resulting from this Solicitation may be terminated by the City with or without cause upon thirty (30) days of written notice to the Contractor. In the event of a material breach by

Contractor hereunder through no fault of the City, the City may, at its option, terminate the Agreement after written notice and expiration of a five (5) day cure period.

7.4. Rejection Criteria

Your proposal shall be considered non-responsive if any of the following criteria apply, (this list is not all-inclusive):

• All questions and instructions, including the questions have not been properly completed.

• The instructions, order, and matrixes in the Proposal Package have not been properly followed.

• The RFP response Package is found to have concealed or contained false and/or misleading information.

• The City did not receive the RFP Package prior to the submittal deadline.

• Your firm is not licensed with the Florida Secretary of State to do business in Florida. You must submit a State of Florida Certificate of Status for your firm.

• Executed Drug Free Workplace Affidavits are not submitted with the response.

• The proposal/bid bond/fidelity bond, if required, is not included in the Package.

• The Proposal signature page and certification is not properly executed.

7.5. Invoicing & Payments

Payment Terms: The awarded contractor shall have the following options to make payments to the City based on the proposed financial package to the City.

• If the awarded contract ONLY includes a flat monthly fee only, a one time payment in full for the

12 month contract period can be paid at the start of the contract, OR equal installments of the awarded contract proposal shall be paid on the 1st of each month throughout the duration of the contract.

• If the awarded contract includes a base monthly fee plus a revenue sharing component the following payment options are available: Base monthly fees can be paid in full at the beginning of contract term or as part of the monthly installment due to the City on the 1st of each month.

The revenue sharing portion of the contract payment, which is also due on the 1st of each month, must include a POS report showing the total sales during the last billing cycle with the amount due to the City calculated in accordance with the awarded proposal contract.

• For a revenue sharing only proposal, the payment due on the 1st of each month throughout the duration of the contract and must include a a POS report showing the total sales during the last billing cycle with the amount due to the City calculated in accordance with the awarded proposal contract. At the conclusion of the contract term, the final revenue payment will be due at the end of the final month.

Price Adjustments: Rental Prices offered shall remain firm throughout the initial term of the Agreement.

The City reserves the right to adjust the rent. Any such adjustment will be communicated in writing, with justification, no less than 30 days and no more than 60 days prior to the Agreement’s anniversary date.

Pricing adjustment requests related to the operating menu can be submitted in writing to the City for review. The City will respond with written confirmation of receipt of the request and shall respond within

14 days of written receipt confirmation of the decision to either grant the request or den the request. The

City has sole discretion in these decisions.

7.6. No Assignment of Contract

The Proposer may not make any assignment of the contractual agreement between the parties, in whole or in part, without notifying the City. Proposer must present an Assignment Agreement to the City before written authorization is given by the City of Apopka.

No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent.

Any Purchase Order or Contract issued pursuant to this Request for Proposal and the monies which may become due hereunder are not assignable, in whole or part.

7.7. Legal Requirements

Federal, State, City and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility.

Vendors doing business with the City of Apopka are prohibited from discriminating against any employee, applicant or client because of race, religion, color, disability, national origin, gender or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. EEO STATEMENT: The City of Apopka is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, handicap, age and gender.

7.8. Contractual Agreement

The Bid Document shall be included and incorporated in the final contract or purchase order.