RFP2026018_Concession_Services_Food_Service_Operation__Big_Toho_Marina_Kissimmee_Lakefront_Park.Final.pdf

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* REQUEST FOR PROPOSAL *

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

Request for Proposal Number RFP2026018 Concession Services, Food Service Operation Big Toho Marina, Kissimmee Lakefront Park

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 (1) electronic copy on 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 2:00 p.m. September 2, 2026.

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 2:30 p.m. on September 2. 2026.

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 judgment, 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 proceedings, 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 Financial Resources & Systems Manager

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General Requirements:

1.1 PROPOSAL PREPARATION

Submission of a proposal in response to this solicitation shall evidence the bidder’s acknowledgement 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 bidder’s schedule. Each bidder 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.

Bidders 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 interfaced with the U.S. Government’s National Institute of Standards and Technology (NIST) which is the official timekeeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 DEFAULT

Should the successful bidder 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 bidder in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.4 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.

1.5 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 bidder complying with the provisions of the

~ 3 ~ 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 judgment, best services the interest of the City of Kissimmee. Bidders are cautioned that no communication with any City of Kissimmee employee involved in the evaluation process is authorized during the proposal 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).

1.6 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 and accepted by The City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.7 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 bidder’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.

1.8 BIDDER’S CERTIFICATION

By signature on this proposal, bidder 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 bidder has not divulged or discussed his offer with other bidders.

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

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

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1.9 “NO PROPOSAL” RESPONSE

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

1.10 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

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

1.11 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 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.

1.12 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 http://www.kissimmee.gov/

~ 5 ~ 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 must indemnify, hold harmless and, at the option of the City Attorney’s Office, defend or pay for an attorney selected by the City Attorney’s Office to defend City, the City, its past, present, future elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys’ fees) in connection with violations of copyrighted or trademarked materials used by Contractor, loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, or agents, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. In any and all claims against the City, or any of their agents or employees by any employee of the Contractor, anyone directly or indirectly employed by Contractor, or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph is not limited in any way by any limitation on this amount or type of damages compensation or benefits payable by or for the Contractor under Workers’ Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts. Nothing contained herein is intended, nor may it be construed, to waive City’s rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. To the extent considered necessary by the City Attorney, any sums due Contractor under this Agreement may be retained by the City until all of the City’s claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld is not subject to payment of interest by the City. The above provisions will survive the termination or expiration of this Agreement and will pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination or expiration hereof.

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. Last day for questions: August 18, 2025, at 5pm.

However, unless modified by a written addendum issued by the Purchasing Coordinator, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative nor binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Coordinator for the City of Kissimmee. Any interpretation provided to any vendor in mailto:procurement@kissimmee.gov

~ 6 ~ 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 bidders 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. Bidders, 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 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 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.

2.8 INSURANCE PROVISIONS: The Successful bidder will have in force the following insurance coverage and will provide Certificates of Insurance prior to commencement of any work.

A) Workers’ Compensation: The Contractor will provide Worker’s Compensation coverage for all employees at the site location and, in case any work is subcontracted, will require the subcontractor to provide Workers’ Compensation for all his employees. The limits will be statutory for Workers’ Compensation and $300,000.00 for Employers’ Liability.

B) Comprehensive General Liability: The Contractor will provide coverage for all operations including, but not limited to Contractual, and Products and Completed Operations. The limits will be not less than $1,000,000.00.

http://www.kissimmee.gov/

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C) Comprehensive Automobile Liability: The Contractor will provide coverage for all owned and non-owned vehicles for limits of not less than $1,000.000.00.

D) Umbrella Liability: The Contractor will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00.

2.9 MANDATORY PRE-BID: A mandatory pre-bid meeting is scheduled for August 14, 2026, 10AM in the Monument Conference Room, 3rd Floor of City Hall, 101 Church Street, Kissimmee, FL 34741. All bidders are required to attend and address any questions at that time, site visit to follow. Deadline for questions is August 18, 2026, at 5PM at which time an addendum if needed will be sent out to all bidders on records not later than August 20, 2026 by 5PM.

RFP2026018 Concession Services, Food Service Operation Big Toho Marina Kissimmee Lakefront Park When: August 14, 2026, 10:00AM Eastern Time (US and Canada) Where: City Hall, 3rd Floor, Monument Conference Room, 101 Church Street, Kissimmee, FL 34741.

2.10 SITE VISIT:

Non-Mandatory site visits at 11AM following the mandatory pre-bid at Big Toho Mariana on August 14, 2026.

2.11 FACILITY INFORMATION:

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

Big Toho Marina 69 Lakeview Drive Kissimmee, FL 34741

3.0 SCOPE OF SERVICES:

I. OBJECTIVE:

The City of Kissimmee is seeking to enter into a Concession License Agreement with a firm to maintain the food service and bait shop operations at the Big Toho Marina to provide an amenity to citizens and visitors of the Kissimmee Lakefront Park.

• Big Toho Marina, 69 Lakeview Drive, Kissimmee, FL 34741

II. DESCRIPTION OF THE PREMISES:

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1. Below is a general description of the premises. Attachment A-1 contains a map & floor plan of the location.

Big Toho Marina

Location: • 69 Lakeview Drive, Kissimmee, FL 34741 Square Footage: • Approximately 800 square feet of Food Prep & Service area On-site Amenities: • Kitchen (refrigerator, freezer, grill, stove w/oven, 2 basket fryer & grease trap)

• Bait sales area (approximately 80sq/ft) •Dining area w/ retail space •Serving Counter •Covered porch w/tables & chairs •Exterior restrooms •Janitor closet

Additional Details: •Current 5 year license agreement to expire 10/5/2026.

•Current Concessionaire may have used appliances and equipment for sale, as well as marketing collateral.

•The sale of live bait is mandatory at Big Toho Marina

III. REQUIREMENTS:

1. Background Checks:

a. Licensee shall require all employees to have a Level 1 background check.

b. Background checks are mandatory and shall be at the vendors’ sole cost and expense, no exceptions.

2. Minimum Operating Hours:

1) Big Toho Marina Mon. – Fri. 5:30 a.m. to 5:00 p.m.

Sat. – Sun. 5:30 a.m. to 4:00 p.m.

(except for City observed holidays (optional) and other such closure of Lakefront Park) and Mandatory closing July 4th.

2) The minimum required hours are non-negotiable.

3) Proposals may include extended hours of operation, which will be set as mutually agreed upon by both parties.

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3. Utilities:

a. Licensee shall pay for electric, water, sewer. Invoiced monthly by City.

b. City does not guarantee the uninterrupted service of the utilities provided.

c. City provides garbage disposal services.

d. Licensee shall pay for all other expenses, such as but not limited to long-distance telephone charges, telecommunication charges, or cable television.

e. City shall not be liable in any manner for damages to Licensee’s business and/or inventory, or for any other claim by Licensee, resulting from any interruption in utility service, unless such interruption was caused by the sole negligence of the City.

4. Permits, Licenses, and Facility Maintenance

The Licensee shall be responsible for:

a. All licenses and permits for operation.

b. Maintaining the premises in a clean, orderly and sanitary condition as required by the hygiene codes and standards of the Florida Department of Business and Professional Regulations (DBPR), the Department of Agriculture and Consumer Services (DACS), and the Department of Health (DOH) http://www.floridahealth.gov/environmental-health/food-safety-and-sanitation/food-manager-code-standards.html.

c. The daily housekeeping and sanitation services in the food preparation, storage, dining, and serving areas of the Premises, which includes dining furniture, floors, walls up to six (6) feet above floor level, and exterior of hoods, ducts, vents and other equipment and fixtures used by Licensee in food storage and preparation areas.

d. Collecting and properly packing dry refuse from such areas and placing the packed refuse at site(s) on Premises designated by the City.

e. Providing the City with prompt written notice of any structural defects, maintenance problems beyond the scope of Licensee’s responsibility or the need for structural repairs or replacements.

Licensee shall be responsible for any such repairs if covered by or resulting from the negligent acts or omissions of Licensee, its agents, employees, invitees, licensees, customers or its clients.

f. Complying with all City policies and standards regarding facility infrastructure.

g. City will maintain, clean and stock public restroom attached to the premises.

5. Inspections

a. Premises are subject to inspections by the City of Kissimmee and/or other regulatory agencies.

http://www.floridahealth.gov/environmental-health/food-safety-and-sanitation/food-manager-code-standards.html http://www.floridahealth.gov/environmental-health/food-safety-and-sanitation/food-manager-code-standards.html

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b. The Licensee shall notify the City, in writing, within 24 hours of any potential violations which, under the terms of the contract, the City is responsible to correct.

c. The Licensee is also required to notify the City, in writing, within five (5) working days from the date of inspection of any notices or violations. The City reserves the right to be present during all inspections.

d. The City shall inspect the premises on an annual basis to determine any maintenance needs and operational deficiencies. Such inspections shall be performed by Facility Maintenance Division, in cooperation with Parks Division and Licensee may participate in the inspections.

e. A copy of inspection reports shall be maintained by the Facility Maintenance Division and available upon review by Licensee, if requested. To the extent the inspection determines certain maintenance is required, the City is only responsible for those items which are considered part of the building or City-owned food service equipment.

6. Equipment:

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

Subsequent changes, additions, or deletions, to the basic inventory shall be in writing and approved jointly by both parties.

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

c. Reasonable care, which includes but is not limited to necessary efforts to maintain premises, improvements, fixtures, etc., shall be exercised in the use of City equipment and, upon contract termination, the Licensee shall yield such equipment in as good condition as received, except for ordinary wear and tear, and damage or destruction beyond Licensee’s control and not due to the Licensee or it’s employees’ fault or negligence.

d. Point of Sale Equipment:

1) There shall be no interfacing or connectivity between Licensee’s information technology systems and City’s information technology systems.

2) Any credit or debit card transactions for which Licensee may serve as merchant-of-record shall be provided using Licensee’s point of sale equipment and Internet connections provided and secured by Licensee.

7. Signs

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a. Any and all signs, brochures, menu boards and advertising, and all print material shall be presented and approved by the City prior to use.

b. Licensee may, at its own expense, have the name of the business operation on the door, together with the hours of operation and an emergency telephone number, subject to City approval before installation.

8. Modification to the premises:

a. The City will deliver the site in an “as is” condition. If proposer wished to perform any improvements to the site, it will be their responsibility keeping in mind that it shall require prior written approval by the City, and pursuant to any Federal, State or local permitting regulations. In addition, all such additions, improvements and fixtures, except Licensee-owned movable furniture and equipment, shall become the property of the City and remain upon the premises and be surrendered at the end of the License.

b. The Licensee shall provide a written description and plans of any changes or alterations to the buildings and covered porches that will be necessary to meet the program(s) being proposed.

c. Licensee shall not perform or make any alterations, improvements or additions in or to the premises, or install any equipment of any kind that will require any alteration or addition to, or use of the water, heating, air conditioning or electrical or other building systems or equipment, without the prior written consent of City.

d. Any such approved additions shall be at the Licensee’s expense.

e. License shall pay for all charges for labor, services, and materials used in connection with any improvements or repairs to the premises undertaken by Licensee.

IV. EVALUATION CRITERIA:

Listed below is the criteria that will be used by the City to evaluate and score responsive proposals. Licensees shall include sufficient information to allow the City to thoroughly evaluate and score their proposals. Each proposal submitted shall be evaluated and ranked by an evaluation committee. The contract will be awarded to the most qualified Licensee,

1. Experience (350 Points)

Provide information for restaurant/food service background, expertise, qualifications, and philosophy of your firm providing the services required in this RFP. This description should include the names of the person(s) who will provide the services, including any subcontractors, their qualification, and the years of experience in performing this type of work/services.

Provide description of proposed contract team, and the role to be played by each member of the proposed team.

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Attach resumes of all managers(s) who will be involved in the management of the delivered services.

Provide detailed history of related experience working with City or County Government.

In addition, provide a minimum of three business-related references including the business name, contact person, and current daytime phone number.

2. Financial Capacity (50 Points)

Provide statement regarding your firm’s financial strength. In addition, include financial capability if capital improvements are proposed.

a) Provide a two (2) year financial plan consisting of, but not limited to, forecasted income statement, balance sheet, and statement of cash flows

b) 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.

c) 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.

3. Business Plan (250 Points)

A separate written narrative describing the methods and/or manner in which the Licensee proposes to satisfy the requirements of the Scope of Work, including but not limited to:

a. A clear statement of vision for Concession Services.

How services will appeal to the public including any proposed programs, services or improvements to the area

b. Proposed team organizational structure, interrelationships, and interactions including management policies describing customer service.

c. Proposed operating hours.

d. Anticipated menu including portion sizes and prices and other merchandise (live bait and tackle options)

e. The City of Kissimmee promotes healthy lifestyles and strongly desires health/lite menu selections. Please note any menu items that are vegetarian, low sugar or other.

f. Management policies describing controls over money, staffing and accounting.

g. Provide a marking plan indicating target markets, budget, advertising campaigns, promotions, etc.

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4. Furniture, fixtures, and equipment (200 Points)

Provide a description, quantities and photos of proposed furniture, fixtures & equipment to be used, including a description and plans of any changes or alterations to the buildings that will be necessary to meet the services being proposed.

5. Schedule (50 Points)

Provide transition plan and schedule to be fully operational from date of notice to proceed (Note, the City desire is to be open by 10/15/2026). Transition plan should include any potential improvements to the facility.

6. Compensation to the City (100 Points)

The proposed compensation (License Fee) to be paid to the City for the privilege of using the premises, including the methodology for determining such. The minimum proposed compensation shall be $1,850 month exclusive of tax with utilities to be paid by the Licensee. Proposals with compensation below the proposed minimum will be deducted 100 points. Proposals that meet the proposed minimum will receive no points. Proposals that exceed the proposed minimum will be awarded points depending upon the amount which the compensation exceeds the proposed minimum and other proposals to this RFP.

Total RFP Available Points 1000

V. ITEMS TO BE RETURNED WITH PROPOSAL:

Proposers are expected to organize their proposals in such a manner as to facilitate the evaluation process. Proposals should be keyed or indexed to correspond with this Request for Proposal. Responses should be correlated to the specific submittal, Criterion, section or paragraph number of the request for proposal being addressed.

Evaluators will make a reasonable effort to locate information in the proposals;

however, failure to follow this suggested format may make location of critical submittal information difficult, possibly resulting in a loss of appropriate point credit.

Section A Proposal Signature Page Section B Experience Section C Financial Capacity Section D Business Plan Section E Furniture, Fixtures and Equipment Section F Schedule / Transition Plan Section G Compensation to the City Section H Exceptions to the City’s Terms and

Conditions

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3.2 EMPLOYEES INFORMATION/CRIMINAL HISTORY

The successful bidder shall be required to provide an annual comprehensive listing of all employees of the bidder who will be on the premises of the City of Kissimmee. This obligation is continuing in nature and must be updated from time to time by the successful bidder as additional employees are employed by the bidder.

This information includes but is not limited to driver’s licenses numbers and social security numbers. A Level 1 on criminal background check on any personnel who may be assigned duties in any space at any City facility will be obtained at the expense of the bidder. Anyone working on the premises of the City without a background check on file will be cause for immediate termination of this contract and forfeiture of all bonds. Anyone found to have any sexual offenses on their criminal background check, including arrests and not limited to convictions, shall be ineligible to work on City of Kissimmee premises.

3.4 TERM OF CONTRACT

Any contract resulting from this solicitation shall be for an initial sixty (60) month period. The Parties may renew the License for up to one (1) additional sixty (60) month period by written agreement. The City Manager or the City Manger’s designee may approve such renewals on behalf of the City.

. Note: Sample contract on pages 19 – 34.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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*** THIS SCHEDULE OF OFFERS SHOULD BE THE FIRST PAGE SUBMITTED WITH YOUR

PROPOSAL ***

RFP2026018

I/we, the undersigned, hereby declare that I/we have reviewed the proposal documents and with full knowledge and understanding of all specifications and conditions contained therein do submit, (in duplicate), our proposal as follows with full understanding that the proposal package in its entirety is made a part of any agreement, contract or order between the City of Kissimmee and the successful bidder.

ACKNOWLEDGMENT OF ADDENDA NO.(S)__________ (IF APPLICABLE)

(Signature)

_______ We do not take exception to Specifications.

(initial) _______ We take exception to Specifications as follows:

(initial) ______________________________________________________________ (attach additional sheets, if necessary)

COMPANY NAME: _______________________________________

COMPANY ADDRESS: _______________________________________

NOTE: OFFERS NOT RECEIVED IN DUPLICATE MAY BE REJECTED.

VENDORS ARE RESPONSIBLE FOR DELIVERY OF THEIR PROPOSALS TO THE ADDRESS

INDICATED ON THE PROPOSAL COVER SHEET PRIOR TO THE DATE AND TIME SHOWN.

PROPOSALS NOT SO DELIVERED MAY BE REJECTED.

BY: ________________________________ DATE: _________________________

(signature)

________________________________ EMAIL: ________________________

(typed name/title of signer)

TELEPHONE NO.: (___)_______________ FAX NO.: (____)_________________

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*NOTICE*

RFP2026018

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 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.

Bidder's Signature

~ 18 ~

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___________________

~ 1 ~

CONCESSION LICENSE

FOR BAIT, TACKLE AND FOOD SERVICES

AT BIG TOHO MARINA

THIS LICENSE is made and entered into this _____ day of ____________, 2026, 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”), as the “Licensor”, and Selected Bidder, a Florida corporation, (hereafter referred to as “Licensee”), together referred to as the “Parties,” and each represent as follows:

WITNESSETH:

WHEREAS, after soliciting proposals for operation of bait, tackle, and fishing supplies retail establishment that provides food services at the City-owned Big Toho Marina pursuant to City of Kissimmee

Request for Proposal No. _________, (hereinafter referred to as “RFP”), City has awarded this License to

Licensee; and

WHEREAS, Licensee has represented that it is able to satisfactorily provide the services according to the terms and conditions of the RFP; 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. PREMISES. City hereby grants Licensee an exclusive license to the concession space located in the

Big Toho Marina, 69 Lakeview Drive, Kissimmee Florida, which consists of approximately 800 square feet of kitchen, service, dining and retail space and an additional approximately 80 square feet of bait sales space, as further depicted on Exhibit A attached hereto (hereinafter “Premise”).

2. TERM. This License shall be for an initial period of sixty (60) months, commencing on the _____ day of _____________, 2026. The Parties may renew the License for up to one (1) additional sixty (60) month periods by written agreement. The City Manager or the City Manger’s designee may approve such renewals on behalf of the City.

3. RENTAL. Licensee shall pay to the City on or before the 1st day of each month [insert proposed compensation] for the preceding month, subject to applicable taxes, 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.

4. USE. Licensee agrees to perform the activities specified in the Proposal, which is attached hereto as

Exhibit B (hereinafter “Scope of Work”), on the Premises during the entire term of this License, unless prevented from doing so by causes beyond Licensee’s control, and to conduct its business at all times in a reputable manner. 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. The Scope of Work at minimum shall include providing foodSAMPLE

~ 2 ~ services and bait, tackle, and fishing supplies retail at Big Toho Marina pursuant to the requirements in the Hours of Operation section below.

5. 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.

6. ALCOHOLIC BEVERAGES. The sale of any alcoholic beverages must be in accordance with local and state law. In order to sell alcoholic beverages on the Premises, Licensee must maintain an alcoholic beverage license or permit issued by the State of Florida which allows Licensee to sell alcoholic beverages at Premises.

7. HOURS OF OPERATION. Licensee will provide bait, tackle, and food services at Big Toho Marina

Monday through Friday from 5:30 A.M. to 5:00 P.M and Saturday and Sunday from 5:30 A.M. to 4:00

P.M. except on July 4th and upon any closure of Lakefront Park. Licensee may close operations on City observed holidays, at the option of Licensee. These hours of operation are the minimum required by this

License, Licensee may provide additional hours of service.

8. 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.

9. UTILITIES. Licensee shall pay for electricity, water, and sewer for the concession space at Big Toho

Marina to be billed monthly by the City. City cannot guarantee the uninterrupted service of the utilities provided for the concession operations. City shall not be liable in any manner for damages to Licensee’s business and/or inventory, or for any other claim by Licensee, resulting from any interruption in utility service, unless such interruption was caused by the sole negligence of the City. Licensee shall pay for all other utilities to include internet, telecommunications, television, and security services. Licensee may provide for any security equipment or measures to protect the Premises, equipment, and inventory subject to the written approval of the City.

10. SANITATION. Licensee shall maintain the premises in a clean, orderly, and sanitary condition as required by the hygiene codes and standards of the Florida Departments of Business and Professional

(DBPR), Agriculture and Consumer Services (DACS) Regulations, and Health (DOH) regulations.

Licensee shall be responsible for all housekeeping and sanitation services in the retail, food preparation, food storage, dining, and serving areas of the Premises to include cleaning dining furniture, floors, walls up to six (6) feet above floor level, and the exterior of hoods, ducts, vents, and other equipment and fixtures used by Licensee in food storage and preparation areas. 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.

11. MAINTENANCE AND SERVICES. City is responsible for performing preventative and corrective maintenance on facility infrastructure equipment and systems supporting the food service areas, such as, electric power distribution, lighting, HVAC, plumbing, roofing, fire alarm, fire protection, and grease

SAMPLE

~ 3 ~ trap maintenance. 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. City shall maintain, clean, and stocked public restrooms attached to the Premises. 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 considered part of the building or City-owned food service equipment 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.

12. EQUIPMENT. The City owns certain equipment at the Premises that may be used by Licensee. The

City and the Licensee shall jointly approve a basic inventory listing all City-owned property at the

Premises which may be used by Licensee (hereinafter “inventory”) within ten (10) days after the signing of this License by the Parties. The inventory may be modified in writing with the approval of the Parties.

Upon expiration of the term and any additional terms under this License, the Parties shall audit the inventory to verify its correctness. Licensee shall exercise reasonable care, including but not limited to taking necessary efforts to maintain, all equipment listed on the inventory. Upon expiration or termination of this License, Licensee shall surrender and yield possession of all items listed on the inventory 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 any items listed on the inventory are missing or 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.

13. POINT OF SALE EQUIPMENT. Licensee shall not be permitted to use any of the City’s point of sale equipment on the Premises. Licensee shall not interface or connect Licensee’s information technology systems with the City’s. Any credit or debit card transaction for which Licensee may serve SAMPLE

~ 4 ~ as merchant-of-record shall be provided using Licensee’s point of sale equipment and internet connections provided and secured by Licensee.

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…