RFP2025-001_Pontoon_Boat_EcoTour_Concession_Services.pdf

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*REQUEST FOR PROPOSAL*

I. The CITY OF KISSIMMEE is keeping SEALED PROPOSALS on the following:

Request for Proposal Number RFP2025-001 – Pontoon Boat EcoTour Concession Services

II. All proposals must be submitted in a SEALED envelope and plainly marked with the proposal number on the exterior of the proposal envelope, one (1) original, one (1) copy and one (1) electronic copy on the CD or Flash Drive.

III. To be considered proposals MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before November 22, 2024 at 2:00PM.

IV. All proposals shall be opened and read publicly in the City of Kissimmee Finance Department

4th Floor, Allendale Conference Room, 101 Church Street, Kissimmee, Florida at 2:30PM November 22, 2024.

V. All proposals must be according to specifications and conditions, and on the forms provided herein.

VI. The Proposal’s name and address shall be clearly shown on the exterior of the Sealed

Envelope.

VII. The City of Kissimmee reserves the right to accept and/or reject any or all proposals, with or without cause, to waive technicalities or to accept the proposal which, in its judgement, best serves the interest of the City of Kissimmee. Persons are advised that, if they decide to appeal any decision made concerning the award of this proposal, they will need a record of the proceeding, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Proposal results other than the apparent low offer will not be provided in response to telephone inquiries. Proposals desiring a copy of the Abstract of Offers should include such request with a self-addressed stamped envelope in their proposal.

Brandon Durango Procurement Manager

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General Requirements:

1.1 PROPOSAL PREPARATION

Submission of a proposal in response to this solicitation shall evidence the proposers’ acknowledgment that he is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the proposer’s schedule. Each proposer is responsible for the completeness and accuracy of their proposal. Proposals must show manual signatures by an individual authorized to offer such obligations and shall contain evidence of that person’s authority to make such offers. Unsigned proposals will be rejected.

Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the proposal. Proposers should include all descriptive literature specifications, or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the proposal being declared non-responsive.

1.2 SUBMISSION OF PROPOSALS

All bids shall be submitted in a sealed envelope on the forms included with this solicitation with the bidder’s name and address and bid number plainly marked on the exterior of the envelope.

Timely submission of a bid is important. Official receipt is acknowledged using an atomic date/time stamp interface with the U.S. Government’s National Institute of Standards and Technology (NIST) which is the official time keeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 PRICING – (DOES NOT APPLY)

The unit price for each item being proposed will be shown on the Proposal Schedule and will include all costs for or associated with the item. A total for each line item will be entered on the Proposal Schedule. In case of a discrepancy between unit price, the unit price shown shall prevail.

1.4 DELIVERY

Exact delivery times frames or dated must be shown on the proposal, such as “(x) days after receipt of order”. Number of days for delivery shall be presumed to include all weekends or holidays in the period. All offers shall be FOB Destination and shall include inside delivery to the delivery point specified.

1.5 DEFAULT

Should the successful proposer for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified offer. The proposer in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.6 LATE PROPOSALS AND WITHDRAWL OF OFFERS

No proposal will be accepted after the published deadline for accepting proposals in response to this solicitation. Proposals may be withdrawn at any time prior to the official time set for the proposal opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official proposal opening.

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1.7 DISCOUNTS

Proposers may offer cash discounts for prompt payment, however, any such discount offered will not be considered as a factor in determining the lowest proposals offered. Any other discounts should be reflected in the unit price proposal.

1.8 PROPOSAL EVALUATION AND AWARD

All proposals received will be evaluated based on one or more of the following factors: price;

quality of product offered; compliance with specifications; delivery; reputation of the proposal;

previous contract’ proximity of parts and service; compatibility with similar, existing products;

and any other factors detailed in the specifications. Award will be made to the lowest responsive and responsible proposer complying with the provisions of the invitation to Proposal, provided that such award is in the best interests of the City of Kissimmee.

The City of Kissimmee reserves the right to accept and/or reject any or all proposals in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line-item basis; and accept the proposal which in its judgement, best services the interest of the City of Kissimmee. Proposers are cautioned that no communication with any City of Kissimmee employee involved in the evaluation process unless such communication is originated by the City of Kissimmee for the purpose of clarifying the proposal. Questions regarding the status of any proposal should be directed to the Purchasing Agent. Proposal awards will be posted in the Purchasing Office after Commission Approval. Vendors are responsible for following up on the status of any proposal. The City of Kissimmee will only notify successful vendor(s).

1.9 BILLING AND PAYMENT

The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in 2 copies to the City of Kissimmee Accounting Department, 101 Church Street, Kissimmee, FL 34741, show the Vendor FEID Number, the purchase order number and be based on proper delivery installation or provision of goods or services to an accepted by the City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.10 SAMPLES

The City of Kissimmee may, at its discretion, require submission of samples for inspection and testing. When specifications require such submissions, all costs for such samples, including postage, will be the responsibility of the proposer. Samples that are not consumed in the evaluation process or determined necessary for comparison with future deliveries may be returned at the proposer’s request and at the proposers’ expense. The City of Kissimmee will not be held liable for any sample provided.

1.11 SILENCE OF SPECIFICATIONS

The silence of these specifications regarding exact details of any product or service required shall be regarding as meaning that only the best commercial practices will prevail and that only materials of first quality and correct type, size, or design are to be used. All workmanship will be first quality. Unless otherwise specified all products provided as a result of this solicitation will be new, unused, the latest model in production, and in compliance with the enclosed specifications.

1.12 USE OF BRAND NAMES

Unless otherwise stated, the use of brand names in specifications is not intended to restrict any offer. Brand names are only used to illustrate the type and quality of product acceptable for this solicitation and to provide a simplified specification. Vendors should feel free to

~ 4 ~ propose any equal item provided that all exceptions to these specifications are clearly identified and explained and definitive specifications for the item being proposed including product literature, cuts or samples are included with the proposal. The City of Kissimmee reserves the sole right of final determination of product equivalency.

1.13 WARRANTY

All warranties for products or services provided under any contract resulting from this solicitation will meet or exceed that warranty offered the providers most favored customer and in no instance will be less than unlimited twelve-month non-prorated warranty. If individual specifications contained herein require a warranty in conflict with this provision, the warranty provisions of the individual specification shall prevail.

1.14 ADDENDUMS

In the event modifying addenda to the basic solicitation are issued the City of Kissimmee will attempt to provide such addenda to all vendors who have been furnished proposal packages.

However, it shall be the proposer’s responsibility to verify with the Purchasing Office before the proposal is submitted whether or not addenda have been issued and to obtain such addenda for submission with the proposal. Receipt of any addenda issued must be acknowledged on the proposal schedule.

1.15 PROPOSERS CERTIFICATION

By signature on this proposal, proposer certifies or in the case of a joint proposal each party certifies that:

A. He has not given, offered nor intends to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City of Kissimmee in connection with this proposal.

B. That the proposer has not divulged or discussed his offer with other proposers.

C. Prices offered have been determined independently without collusion with other proposers for the purpose of restricting competition.

D. No attempt has been made to induce any potential proposer to submit or decline to submit an offer in response to this solicitation.

1.16 “NO PROPOSAL” RESPONSE

Vendors electing to not submit proposals in response to this solicitation should complete the attached “Notice to Proposers” form. Failure to return the form may result in your omission from future proposal lists.

1.17 CFPC

The City of Kissimmee participates in a Central Florida Purchasing Cooperative (CFPC). All bidders awarded contracts from this bid are encouraged to permit other active members of CFPC to participate in the contract under the same prices, terms, and conditions except that allowances may be made for differences in delivery costs.

1.18 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by Contractor.

1.19 CONE OF SILENCE

The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award. The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time vendors, service providers and

~ 5 ~ the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Agents, or elected officials. Any vendor who attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation.

Exceptions to the Cone of Silence-

• Written communications directed to the Procurement Officer;

• All communications occurring at pre-bid meetings;

• Oral presentations before publicly noticed committee meetings;

• Procurement of goods and services for Emergency situations; and

• Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

1.20 PROTEST

Any protest must be made within three (3) days following posting of the proposal award.

Protest procedures are available from the City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov. Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

2.0 SPECIAL PROVISIONS:

2.1 PUBLIC ENTITY CRIMES:

"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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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 287.133,F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 INDEMNITY

The Contractor will indemnify and hold harmless the City of Kissimmee from and against all claims, damage loss, and expenses arising out of, or resulting from, the performance of their operations under this contract.

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the service.

The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

• All employees on the job and all other persons who may be affected thereby.

• All the work, materials, and equipment, whether in storage on or off the site, under the care, custody, or control of the Contractor; and

• Other property at the site including trees, shrubs, lawns, walks, pavements, and roadways.

http://www.kissimmee.gov/

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The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful order of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.

In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss.

2.3 CLARIFICATION OF REQUIREMENTS

Questions regarding clarification or interpretation of the technical specifications and/or non-technical nature regarding this solicitation must be addressed IN WRITING to Debbie Luke, Purchasing Coordinator at 101 Church Street, Kissimmee, Florida 34741 OR BY EMAIL to procurement@kissimmee.gov not less than seven (7) days prior to the RFP opening date.

However, unless modified by a written addendum issued by the Purchasing Agent, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative or binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Agent for the City of Kissimmee. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this proposal will be furnished in writing to all vendors who have received proposal packages.

2.4 No minor children are permitted to accompany proposers during pre-proposal conferences, proposal opening or site tour.

2.5 A link to this website is available through the City’s Web Page www.kissimmee.gov, under the Finance Department, Purchasing. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Proposers, who do not have Internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with the Proposal response.

2.6 THE CITY OF KISSIMMEE HAS A LOCAL VENDOR PREFERENCE POLICY

When the written bids, responses to request for proposals or quotations are received by the City as part of the competitive sealed bid process, and the lowest responsible price is offered by an individual or entity that is not an Osceola County person, firm and/or corporation and the next lowest responsible bidder is an Osceola County person, firm and/or corporation, the Osceola County individual or entity will be given an opportunity to match the lowest price offered.

If an offer is made to match the lowest price and the Osceola County individual or entity is otherwise fully qualified and meets all City requirements, the bid shall be awarded to the Osceola County individual or entity at the lowest price. In order to receive the local vendor preference provided herein, the Osceola County individual or entity that qualifies as the next lowest price bidder hereunder, must unconditionally agree in writing to match the lowest price bid and deliver to the City designated representative by 8:30 a.m. on the third regular business day after notification of opportunity to match bid. Eligibility form is Attachment A.

2.7 SITE VISIT

N/A

2.8 FEES AND LICENSURE COST

This bid requires the following fees/licensure, proof of a valid Business Tax Receipt from the jurisdiction of the bidder's place of business.

mailto:procurement@kissimmee.gov http://www.kissimmee.gov/

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2.9 FACILITY INFORMATION

The following facility information is provided to help concessionaires develop a proposal that will meet the facilities service needs.

A. Kissimmee Lakefront Park Marina 69 Lakeview Dr.

The exact meeting point or location of the kiosk will be determined by Parks and Recreation staff and winning bidder.

2.11 SCOPE SERVICES

It is the City’s intent to enter into a concessionaire agreement for pontoon boat Eco tour operator services on city owned property on Lake Toho to accommodate the general public and tourists in the area. Tour boats with a minimum capacity of Fifteen (15) passengers will be considered. Hours of operation will be negotiated with the city.

2.12 This RFP contains pages 1 - 30. Please contact the Purchasing Office at 407-518-2214 if you are missing any pages.

3.0 CITY RESPONSIBILITIES

1) City will provide designated location for concessionaire’s pontoon boat to be moored.

Electricity and water are available.

2) City will allow utilization of City docks for loading and unloading of passenger during designated hours.

3) Concessionaire and customers will have access to public parking. Concessionaire will not be allowed to permanently park vehicles at the park. The city will work with the Concessionaire to determine the location of public parking best suited for their use.

4) Concessionaire and customers will have access to exterior public restroom at Big Toho Marina.

3.1 CONCESSIONAIRE RESPONSIBILITIES

Concessionaire will provide passengers tour or transport in a safe and professional manner.

In conduction the Tour operations, concessionaire will be required to:

• Obey all marine, USCG, and other pertinent rules and regulations for safe vessel operation and rules and regulations for operating around wildlife.

• Execute pre and post trip logistics of tours: vessel and gear inspection, fueling, route planning, gear packing, food and entertainment.

• Provide pre-trip passenger briefing;

• Selected bidder’s hours of operations may be daily from dawn to 10 p.m. and may be chosen by selected bidder provided that selected bidder offers at least one (1) tour each day of the week unless selected bidder determines that tours are not feasible due to weather conditions.

• Monitor weather conditions. The City may immediately and without notice require selected to cease business operations for the day in the event that the City determines that the weather conditions pose a safety risk to passengers;

• Provide first aid as required;

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• Operate the pontoon boat in a manner that is safe and appropriate for the conditions such as, weather, and the health and physical consideration of passengers on board;

• Onshore pre-trip preparations and onshore post-trip cleanup;

• Record keeping in boat logs, trip logs and other reports (incidents) as required or necessary.

A. Concessionaire shall provide a method for the public to book a tour in advance. The city prefers that such advance rental may be made through online booking.

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

C. Concessionaire shall furnish all necessary labor and equipment for the operations and provide rental preparations as requested by the customers. Concessionaire shall also be responsible for the collection of all fees, contracts and records for the operation.

D. Concessionaire shall accept at minimum cash, MasterCard, and Visa payments in exchange for Equipment rentals, and shall have a functioning device capable of accepting credit and debit card transactions while Concessionaire is open to the public.

E. Concessionaire shall be financially and legally responsible for any repairs to

Concessionaire’s or City’s property due to general use or Concessionaire’s own negligence. Concessionaire may not shift such responsibility to Concessionaire’s customers.

F Concessionaire shall be responsible for all self-contained maintenance and trash removal required for adequate operation of the facility.

G Concessionaire shall provide life safety provisions and boater safety education for all passengers.

H Liability Waiver – Concessionaire shall require that all customers sign the provided liability waiver prior to using watercraft.

I All watercraft operated under this agreement, shall be subject to all maritime and traffic rules and all other laws, ordinances, rules and regulations which may pertain to the operation watercraft, now in effect and hereafter enacted or adopted by the city, county state, or federal government.

J The City reserves the right to block out dates, limit hours of operation, or authorize other vendors that may compete with the successful respondent as a result of special events taking place at the Kissimmee Lakefront Park.

K Concessionaire may also provide prepacked food, water, and non-alcoholic beverages with preapproval from the City of Kissimmee.

L Concessionaire shall provide City with detailed monthly revenue report with itemized sale receipts.

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M. Concessionaire shall not sublet or assign any right under this License.

N Concessionaire shall pay and report all appropriate state and federal taxes accrued as a result of sales made under this License.

O. Selected bidder at its sole cost and expense, shall cause to be maintained during the term of this Agreement, insurance as follows:

a. Workers Compensation: Worker’s Compensation coverage for all employees at the site location. The limits will be statutory for Worker’s Compensation and $300,000.00 for Employers’ Liability.

b. Comprehensive General Liability (CGLI): CGLI coverage with limits not less than

$2,000,000.00 for each occurrence or CGLI with limits not less than $1,000,000.00 for each occurrence and Umbrella Insurance in excess of the CGLI of not less than $1,000,000.00. Such policies shall include product liability coverage and such coverage shall be noted on the Certificate of Insurance. If such policies do not include product liability coverage, Licensee shall maintain Products Liability coverage with limits not less than $2,000,000.00.

c. Comprehensive Automobile Liability: Comprehensive Automobile Lability coverage for all owned and non-owned vehicles with limits not less than $1,000,00 for each occurrence.

Said policies shall name the City as an additional insured. Licensee shall provide proof of this insurance to the City within ten (10) days after the signing of this License by the Parties.

EMPLOYEES INFORMATION/CRIMINAL HISTORY

The successful bidder shall provide the City a comprehensive listing of the full name, driver license number, and social security number of all employees or agents (hereinafter “Employee List”) of selected bidder who may be present on the premises of the City of Kissimmee (hereinafter “Premises”) on behalf of selected bidder. Selected bidder shall update the Employee List prior to any unlisted employee or agent entering the Premises on behalf of selected bidder. Selected bidder shall obtain a Level 1 criminal background check (hereinafter “Background Check”) on all employees or agents who may be present at the Premises on behalf of selected and shall provide Background Checks to the City upon request of the City. Selected bidder shall pay for any costs associated with obtaining any Background Check required under this RFP. No employee or agent of selected bidder shall enter the Premises on behalf of selected bidder unless selected bidder has obtained a Background Check for that agent or employee and the Background Check shows that the agent or employee does not have any criminal history record listed in Fla. Stat. s. 435.04(2). The City, in the City’s sole discretion, may waive this requirement for any employee or agent of selected bidder whose criminal history involves a misdemeanor or third-degree felony violation of an offense listed in Fla. Stat. s. 435.04(2).

3.2 COMPENSATION

The awarded concessionaire will pay the City of Kissimmee a minimum compensation in the amount of 3% of gross sales. Payment to the City must be made no later than the 10th of every month for the previous month. All payments shall be made timely or may be subject to a late penalty in the amount of 1% of the fee due for each day the payment is late. If payments and applicable penalties are not received within fifteen (15) days of the payment due date, then

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City may terminate the contract and begin procedures to collect fees. The late fee is applicable for each and every payment which is past due. Selected bidder shall submit to the City on or before the 10th day of each month a monthly revenue report documenting all gross sales made pursuant to the contract for the preceding month.

3.3 TERM OF CONTRACT

Any contract resulting from this solicitation will be for a period of 12 months renewable for 12 additional months by mutual consent, for up to an additional 24 months total. Note: Sample contract on pages 17 – 30.

3.4 Evaluation and Selection Process Review/Interview:

Proposals will be reviewed by the RFP Review and Selection Working Group based on the following point criteria;

Evaluation Criterion Maximum Points per Evaluation Criterion

Overall completeness and quality of submission.

Verification of availability of vessel

Price point for Kissimmee EcoTours

Verification of availability and expertise of qualified personnel

Past Contract with the City of Kissimmee and/or other governmental jurisdictions

Relevant company experience in undertaking projects of similar scope, complexity, importance and value. 35

References

Financial benefit to the City (a minimum compensation in the amount of 3% of gross sales)

Maximum Technical Evaluation Points 100

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3.5 Please provide information to all questions below. Answers may be given in the space provided or on separate sheets with supporting information as necessary. Proposals will be evaluated and scored based on these responses.

Applicant Information:

1. Please describe your organization including how long your business has been in existence under your control and/or ownership.

2. Attach information on other locations you currently operate or have operated in the last three years. Include the name of the specific representative of the company or municipality you leased space from and business phone number for each location. In addition, provide a minimum of three business related references including the business name, contact person, and current daytime phone number.

3. Please indicate if you or any other principal in your organization has been involved in a legal dispute related to your business operations. If applicable, describe the status or disposition of the lawsuit.

4. Has the owner or officer of your company ever been declared bankrupt (voluntary or involuntary) or insolvent or entered into an arrangement for the benefit of creditors? If yes, please explain.

Company Name:

Contact Person: Title:

Mailing Address:

Phone: Email:

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5. Describe concessionaire’s training and experience in Eco Tour business operations. Please attach list of proposed staff and any current certifications relating to business operations (resumes)

6. Describe or provide photos of the Eco Tour vessel and all pertinent registration information along with make, model etc.

7. Attach a complete listing of proposed tour fees, including any and all services provided, and the proposed length and route of tour options.

8. If awarded this contract, can you commit to opening the facility by December 1, 2024?

______Yes ______No

9. What is your business plan for enhancing the sales and/or operations? Attach any promotional or marketing materials.

10. Attach a copy of all applicable licenses and permits or an explanation of how you plan to obtain.

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11. Attach any additional comments you feel relevant in assisting the City with the selection of your company as the eco tour concession operator

Submitted by (Print Name):

Submitted by (Signature):

Position Title:

Date:

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*NOTICE*

RFP2025-001

If for some reason you are not participating in this solicitation, PLEASE complete the following and return to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor file.

Company Name: _________________________________ Address: _________________________________

Phone Number: ( ) _______________________ Fax Number: ( ) _______________________ Continue on Vendor List: Yes No Large Business Small Business Minority Owned

Reason for no response to the solicitation:

Cannot supply at this time Suitable, but engaged in other work Quantity too small Cannot meet required minimum Opening date does not allow sufficient time to complete Equivalent not presently available Other reasons or remarks: ______________________________________________

Signature

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IDENTICAL TIE PROPOSALS

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals, which 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 proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) 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 will be taken against employees for violations of such prohibition.

2) 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.

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

4) 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 proposal, the employee will abide by the terms of the statement and will 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.

5) 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.

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

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Vendor's Signature

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Attachment A

Local Vendor Affidavit of Eligibility

This form is to be completed in its entirety by the vendor and submitted along with your bid or quote.

Incomplete forms will be rejected for preference evaluation.

State of Florida County of Osceola

Before me on this _____day of ________________20___, personally appeared

(Print name)___________________________ being an authorized representative of lawful age, who being by me first duly sworn, on his/her oath, deposes and says:

(Print name of company) ____________________________ MEETS ALL CRITERIA AS

REQUIRED BY THE CITY OF KISSIMMEE TO QUALIFY FOR LOCAL VENDOR PREFERENCE.

Qualification documentation attached.

Signature of Affiant

Typed/Printed Name of Affiant

Address of Affiant

State of Florida County of _____________

Sworn to (or affirmed) and subscribed before me this ____day of _________20__, by

(Signature of Notary Public-State of Florida)

(Print, Type, or Stamp commissioned name of notary public) ___personally known or ____ produced identification. Type of identification produced___________________

CONCESSION LICENSE

FOR PONTOON BOAT ECOTOUR CONCESSION SERVICES

AT THE KISSIMMEE LAKEFRONT PARK MARINA

THIS LICENSE is made and entered into this _____ day of ____________, 2024, by and between the City of Kissimmee, a municipal corporation of the State of Florida, 101 Church Street, Kissimmee, Florida 34741, (hereinafter referred to as the “City” or “Licensor”), and [enter name of Licensee and address], and Selected Bidder, a Florida corporation, (hereafter referred to as “Licensee”), together referred to as the “Parties,” and each represent as follows:

WITNESSETH:

WHEREAS, the City solicited proposals for pontoon boat EcoTour concession services at the City of Kissimmee Lakefront Park Marina (hereinafter “Project”) pursuant to City of Kissimmee Request for Proposal No. RFP2025-001, (hereinafter referred to as “RFP”); and

WHEREAS, Licensee submitted a proposal (hereinafter referred to as “Proposal”) representing that Contractor is able to satisfactorily complete the Project according to the terms and conditions of the RFP; and

WHEREAS, City has chosen Licensee as the Selected Bidder for RFP and desires to enter into this Agreement with Contractor; and

NOW, THEREFORE, in consideration of the above recitals, mutual covenants, agreements, terms, and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows:

1. RECITALS. The foregoing recitals are true and correct and incorporated herein.

2. THE CONTRACT DOCUMENTS. The contract documents consist of this License, the RFP, which is attached hereto as Exhibit A, and the Proposal, which is attached hereto as Exhibit B, and any subsequent duly executed amendments to any of the aforementioned documents. These contract documents form the Agreement, and all are incorporated herein as if set forth in full. In the event of a conflict between the aforementioned documents, any duly executed amendment to this Agreement will control, followed by this License, Exhibit A, and Exhibit B, in that order.

3. PREMISES. City hereby grants Licensee a non-exclusive license to conduct the activities described in Section 6, Use, at the following properties (hereinafter “Premises”):

a. Designated boat slips at the Marina at Lakefront Park, 201 Lakeview Drive, Kissimmee, FL 34741

The exact location of the boat slips at the Premises will be determined by City and Licensee by mutual agreement prior to the commencement of this License.

SAMPLE

4. TERM. This License shall be for an initial period of thirty-six (36) months, commencing on the effective date of this License. The Parties may renew the License for up to two (2) additional twelve (12) month periods by written agreement. The City Manager or the City Manger’s designee may approve such renewals on behalf of the City.

5. RENTAL FEE. Licensee shall pay to the City on or before the 10th day of each month pay ___ of all gross sales, including EcoTour tickets and sales of prepackaged food, water, and non-alcoholic beverages, made pursuant to this License for the preceding month, without demand, deduction, setoff or abatement. All payments shall be made timely or may be subject to a late penalty in the amount of 1% of the fee due for each day the payment is late. If payments and applicable penalties are not received within fifteen (15) days of the payment due date, then City may cancel this License and begin procedures to collect fees. The late fee is applicable for each and every payment which is past due. Licensee shall submit to the City on or before the 10th day of each month a monthly revenue report documenting all gross sales made pursuant to this License for the preceding month.

6. USE. Licensee agrees to perform the concession services specified in the RFP, Exhibit “A” attached hereto, on the Premises during the entire term of this License utilizing pontoon boats, unless prevented from doing so by causes beyond Licensee’s control, and to conduct its business at all times in a reputable manner. Licensee may sell prepackaged food, water, and non-alcoholic beverages if approved by the City. Licensee may not sell alcoholic beverages.

Licensee shall acquire and maintain all licenses and permits necessary to perform the activities specified in the Scope of Work. Licensee shall make no unlawful, improper or offensive use of Premises. All rights of License hereunder may be terminated by the City immediately in the event that any other use be made thereof.

7. LIFE JACKETS AND PERSONAL FLOTATION DEVICES. Licensee shall provide one life jacket or personal flotation device of a proper size for the intended wearer, that is in serviceable condition, that is within easy access, that is United States Coast Guard Approved and has a performance level of at least 70 for each passenger on a pontoon boat operated under this License. Licensee shall require all persons under 6 years of age on board any pontoon boat to wear a personal flotation device that is currently approved by the United States Coast Guard. Licensee shall carry, store, maintain, and use safety equipment in accordance with current United States Coast Guard safety equipment requirements.

8. POSSESSION. Licensee shall be granted possession of the Premises immediately upon the commencement date of this License and shall be entitled to the full use of Premises. All terms and conditions set forth herein shall immediately commence upon the signing of this License by the Parties. Upon expiration or termination of this License, Licensee shall surrender and yield possession of the Premises to the City, peacefully and without notice, and in good order and condition, but subject to ordinary wear and reasonable use and damage or destruction beyond Licensee’s control and not due to the Licensee or it’s employees’ fault or negligence.

If the Premises are unreasonably damaged, then the City shall demand reimbursement from Licensee within ten (10) days of termination or expiration and Licensee shall make such payment within ten (10) days of receipt of said demand.

9. HOURS OF OPERATION. The marina is open from dawn to 10 p.m. Licensee’s Hours of Operations may be daily from dawn to 10 p.m. and may be chosen by Licensee provided that Licensee performs the concession services specified in the RFP, Exhibit “A” seven days a week and offers at least one (1) tour each day unless the City adjusts Licensee’s Hours of

Operation pursuant to this Section or Licensee determines that the concession services are not feasible due to weather conditions. Licensee shall ensure tours cease and all customers have disembarked from the pontoon boat prior to 10 p.m. each day. The City may adjust Licensee’s Hours of Operation at either Premise upon seven (7) days notice to accommodate a program or event held at the Premise. The City may immediately and without notice require Licensee to cease business operations for the day in the event that the City determines that the weather conditions pose a safety risk to passengers. The City may agree in writing to adjust Licensee’s Hours of Operation at the request of Licensee.

10. TAXES, FEES AND ASSESSMENTS. If any rental, sales or similar taxes, fees, or special assessments are levied upon the Premises due to the existence of this License, then Licensee shall pay all such taxes so imposed.

11. SANITATION. Licensee shall maintain the Premises and any equipment offered for rent under this License in a clean, orderly, and sanitary condition. Licensee shall comply with all hygiene codes and standards of the Florida Departments of Business and Professional Regulation(DBPR), Agriculture and Consumer Services (DACS) Regulations, and Health (DOH) regulations that are applicable to this Licensee. Licensee shall collect and properly package dry refuse from the Premises and place the packed refuse at the site(s) on Premises designated by City for refuse collection.

12. MAINTENANCE AND SERVICES. City shall have the right to enter upon the Premises for the purpose of inspecting, conducting tests, or for making repairs to the Premises or to any property owned or controlled by the City therein. If feasible, such repairs shall not unduly interfere with Licensee’s business. Licensee shall comply with all City policies and standards regarding facility infrastructure. Licensee shall maintain the Premises in good repair and in a clean, neat, orderly, and sanitary condition.

City shall inspect the Premises on an annual basis to determine any maintenance needs and operational deficiencies. Such inspections shall be performed by the Facility Management Division, in cooperation with the Parks and Recreation Department, and Licensee may participate in the inspections. A copy of inspections reports shall be maintained by the Facility Management Division and available for review by Licensee, if requested. To the extent the inspection determines certain maintenance is required, City is only responsible for those items which are owned by the City or other obligations as set forth in this License.

Licensee shall permit inspection of the Premises by any county, state, or federal regulatory agency. Licensee shall notify the City, in writing, within five (5) working days of any notice, inspection, investigation, claim, demand, lawsuit, or other action by any county, state, or federal regulatory agency involving the Premises. The City may be present during any inspection by any local, state, or federal regulatory agency.

Licensee shall provide City with prompt written notice of any structural defects, maintenance problems beyond the scope of Licensee’s responsibility or the need of the aforementioned structural repairs or replacements within twenty-four (24) hours. Licensee shall be responsible for any such repairs described in this paragraph if resulting from the negligent acts or omissions of Licensee, its agents, employees, invitees, licensees, customers, or clients.

In the event City pays any monies required to be paid by Licensee hereunder, City shall demand repayment of same from Licensee within ten (10) days of payment and Licensee shall make such payment within ten (10) days of receipt of said demand. Licensee’s failure to timely reimburse shall be deemed a breach of this License.

13. EQUIPMENT. Licensee shall provide all necessary items and equipment necessary to fulfill the obligations of this Licensee. Licensee shall maintain all boats and equipment necessary to fulfill the obligations of this License in good working order and repair. City may inspect, without notice to Licensee, any boat or equipment utilized to fulfill this Licensee to ensure that the equipment is in good working order and repair. If City, in its sole opinion, determines any boat or equipment used in connection with this License is not in good working order and repair, Licensee shall immediately cease any use of the boat or equipment until, in the sole opinion of the City, such equipment has ben restored to good working order or repair.

14. SIGNS. Licensee agrees that any signs, brochures, menu boards, advertising, or print material to be used in connection with the Premises must have the City’s written approval before installation or dissemination.

15. BACKGROUND CHECKS. Prior to the commencement of this License, Licensee shall provide the City a comprehensive listing of the full name, driver license number, and social security number of all employees or agents (hereinafter “Employee List”) of Licensee who may be present at the Premises on behalf of Licensee. Licensee shall update the Employee List prior to any unlisted employee or agent entering the Premises on behalf of Licensee.

Licensee shall obtain a Level 1 criminal background check (hereinafter “Background Check”) on all employees or agents who may be present at the Premises on behalf of Licensee and shall provide Background Checks to the City upon request of the City. Licensee shall pay for any costs associated with obtaining any Background Check required under this License. No employee or agent of Licensee shall enter the Premises on behalf of Licensee unless Licensee has obtained a Background Check for that agent or employee and the Background Check shows that the agent or employee does not have any criminal history record listed in Fla. Stat. s. 435.04(2). The City, in the City’s sole discretion, may waive this requirement for any employee or agent of Licensee whose criminal history involves a misdemeanor or third-degree felony violation of an offense listed in Fla. Stat. s. 435.04(2).

16. MODIFICATIONS TO PREMISES. City grants Licensee the use of Premises “as is.”

Licensee shall not make any structural modifications, alterations, improvements, or additions in or to the Premises, or install any equipment of any kind that will require any alteration or addition to the Premises.

Licensee shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion or other estate of the City in the Premises or on the building or other improvements thereon, and Licensee shall notify all materialmen, contractors, artisans, mechanics and laborers and other person contracting with Licensee with respect to Premises or any part thereof that they must look to Licensee to secure payment of any bill for work done or material furnished or for any other purpose during the term of this License.

In the event of the filing of any Claim of Lien, Licensee shall promptly satisfy same or transfer it to a bond, and Licensee shall in any event protect the City’s interest in underlying real estate and shall hold the City harmless against any such claims.

17. TERMINATION FOR CONVENIENCE. This License may be terminated either party, with or without case, for any reason whatsoever, upon ninety (90) calendar days’ written notice.

18. TERMINATION FOR CAUSE. If either party wishes to terminate this License for cause (hereinafter “terminating party”) due to a breach of this License by the other party (hereinafter “breaching party”), then the terminating party must provide the breaching party with written notice of said failure to perform. The terminating party must give ten (10) working days from the breaching party's receipt of the Notice to Cure for the breaching party to cure or take reasonable action to commence to cure the performance concerns specified.

If breaching party does not take appropriate action within the ten (10) day period, then the terminating party may issue a Final Notice to Cure. The breaching party will have an additional five (5) working days from the receipt of the Notice to Cure to cure or take reasonable action to commence to cure before the terminating party can terminate the License.

Notwithstanding the foregoing, City may immediately terminate this License, without providing Licensee with notice of default or opportunity to cure, if City determines that Licensee has failed to comply with any of the terms and conditions of this License related to background checks, safety, indemnification, or insurance coverage.

Notwithstanding the foregoing, City reserves the right to immediately terminate this License by providing written notice to Licensee, but without an opportunity to cure, if City determines Licensee knowingly furnished any representation, warranty, or certification in connection with the solicitation of Licensee’s bid or this License, which representation was materially false, deceptive, incorrect, or incomplete.

Notwithstanding the foregoing, City reserves the right to immediately terminate this License by providing written notice to Licensee if the State of Florida or the federal government enacts a law, which…