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R25-287 RESOLUTION NO. R25-287 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. 25-051R 3 FOR HARVEY E. OYER JR. PARK BAIT AND TACKLE SHOP (OPERATING 4 SERVICES) TO FLORIDA TACKLE COMPANY, INC., AND APPROVING A 5 RETAIL LEASE AGREEMENT BETWEEN THE CITY AND FLORIDA TACKLE 6 COMPANY, INC.; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City is the owner of certain real property located at 2020 S Federal Hwy, 9 Boynton Beach, FL, 33435; and 10 WHEREAS, the Property includes structures and facilities suitable for operation as a bait > > and tackle retail shop, including storage, customer service, merchandising, and limited food and 12 beverage sales; and 13 WHEREAS, the City has determined that it is in the best interest of the public to engage 14 an experienced operator to manage and operate the bait and tackle shop; and 15 WHEREAS, the City issued procurement solicitation Request for Proposal ("RFP") No: 25- 16 051 R for Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operator) on April 29, 2025, seeking 17 proposals from firms offering to operate a bait and tackle shop; and 18 WHEREAS, when the solicitation closed on May 30, 2025, the City received one proposal 19 submission package; and 20 WHEREAS, Florida Tackle Company, Inc. ("Operator") proposal was deemed to be the 21 most advantageous option for the City by the City's selection committee; and 22 WHEREAS, after the proposal was reviewed in its entirety, it was determined that it was in 23 the best interests of the City to move forward with presenting the Operator a retail lease 24 agreement instead of a revenue-sharing agreement; and 25 WHEREAS, Operator desires to lease the Property from the City for the purpose of 26 operating a bait and tackle shop; and 27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 28 best interests of the City's citizens and residents to award Request for Proposal No. 25-051 R for 29 Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operating Services) to Florida Tackle Company, Inc., 30 and approve a Retail Lease Agreement between the City and Florida Tackle Company, Inc., for a 31 five year-term, with two additional two-year renewal options. RESOLUTION NO. R25-287 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT: 34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption. 36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 award Request for Proposal No. 25-051R for Harvey E. Oyer Jr. Park Bait and Tackle Shop 38 (Operating Services) to Florida Tackle Company, Inc. 39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve a Retail Lease Agreement between the City and Florida Tackle Company, Inc., for RFP No. 41 25-051R for Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operating Services), with a five-year 42 term, with two additional two-year renewal options, (the "Agreement"), in form and substance 43 similar to that attached as Exhibit A. 44 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 45 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 46 ancillary documents required under the Agreement or necessary to accomplish the purposes of 47 the Agreement, including any term extensions as provided in the Agreement, provided such 48 documents do not modify the financial terms or material terms. 49 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record so of the City. A copy of the fully executed Agreement shall be provided to Andrew Rozwadowski to 51 forward to the Operator. 52 SECTION 6. This Resolution shall take effect in accordance with the law. 53 54 [SIGNATURES ON THE FOLLOWING PAGE] 55 RESOLUTION NO. R25-287 56 PASSED AND ADOPTED this L day of Viov-e,ntle,r 2025. 57 CITY OF BOYNTON BEACH, FLORIDA 58 YiEK NO 59 Mayor- Rebecca Shelton 60 61 Vice Mayor-Woodrow L. Hay 62 63 Commissioner-Angela Cruz 64 65 Commissioner-Thomas Turkin 66 / 67 Commissioner-Aimee Kelley 1/ 68 69 VOTE 70 A : 71Oa 72 1 11, 73 Mayle: D: esus, MPA, MC Rebecca Shelton 74 City Cl-r Mayor 75 76 -- f BO}' APPROVED AS TO FORM: 77 (Corporate Seal) . �\�y'�CORP •TO�� fQ. x• 21 78 i : S' 9,'� W 10 79 , c0 4L :D , 44(.itA )'' '')/‘ • 80 is 19cD0 .�; Shawna G. Lamb 81 �'tw 0•..• ..•'• ' City Attorney `� 1IDA - ` O � City of Boynton Beach ~r°M•` Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) This RETAIL LEASE AGREEMENT (the "Agreement") is made and entered into as of L1, 2025 (the "Effective Date"), by and between the City of Boynton Beach, a Florida municipal corporation, with its principal place of business at 100 E. Ocean Ave., Boynton Beach, FL 33435 (the "City") and FLORIDA TACKLE COMPANY, INC., a Florida Profit Corporation with its principal place of business at 1550 U.S. HIGHWAY 1 UNIT 11, BOYNTONBEACHL_FL33435 ("Operator"). (The City and Operator are sometimes individually referred to as a "Party" and collectively as the "Parties").) RECITALS WHEREAS, the City is the owner of certain real property located at 2020 S Federal Hwy, Boynton Beach FL, 33435, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); WHEREAS, the Property includes structures and facilities suitable for operation as a bait and tackle retail shop, including storage, customer service, merchandising, and limited food and beverage sales; WHEREAS, the City has determined that it is in the best interest of the public to engage an experienced operator to manage and operate the bait and tackle shop (the "Shop"); WHEREAS, the City issued procurement solicitation RFP No: 25-051 R - HARVEY E. OYER JR. PARK BAIT & TACKLE SHOP (OPERATOR TERM CONTRACT) Exhibit "A" on April 29, 2025, seeking proposals from fimis offering to operate a bait and tackle shop, a copy of which is incorporated into this Agreement by reference; and WHEREAS, when the solicitation closed on May 30, 2025, the City received one proposal submission package, Exhibit "B"; and WHEREAS, the City created and appointed an evaluation committee to review and score the proposal submission in accordance with the criteria of the RFP; and, WHEREAS, on August 1, 2025, the evaluation met a publicly noticed open to the public meeting where they discussed the proposals' pros and cons and provided scoring; and, WHEREAS, Operator's proposal was deemed to be the most advantageous option for the City by the City's selection committee; and RFP No:25-OSlR-Harvey C.Oyer Jr.Park Haft&Tackle Shop (Operator Term Contract) 2 _,, '',....,, , : 4 City of Boynton Beach Procurement Division WHEREAS, the Procurement Division proceeded with negotiations for the contract on August 14, 2025, during which the Operator and the City's negotiation team met to review and discuss the contract terms; and WHEREAS, after the proposal was reviewed in its entirety, it was determined that it was in the best interests of the City to move forward with presenting the Operator a retail lease agreement instead of a revenue-sharing agreement; and WHEREAS, the Operator agreed to the new contract methodology during the August 14, 2025, negotiation meeting with the City's negotiation team; and WHEREAS, negotiations pertaining to the subject matter of this Agreement were undertaken between the Parties and this Agreement incorporates the results of such negotiations; and WHEREAS, Operator desires to lease the Property from the City for the purpose of operating a bait and tackle shop; and WHEREAS, the City and Operator wish to enter into this Agreement to establish the terms and conditions under which Operator will lease and operate the Shop in accordance with all applicable Florida laws governing municipal contracts; WHEREAS, this Agreement was approved by the City Commission of the City of Boynton Beach by Resolution No.R?S'x.87 on November 4, 2025, in accordance with all applicable laws and procedures; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. LEASE OF PROPERTY 1.1 Lease The City hereby leases to Operator, and Operator hereby leases from the City, the Property for the Term (as defined below), subject to the terms and conditions set forth in this Agreement. 1.2 Premises The leased premises (the "Premises") consist of: a) Bait Shop b) Parking areas; c) Office space; any d) Bathroom RFP No 25-051R-Harvey F.Oyer Jr.Park Raft&Tackle Shop (Operator Term Contract) 3 - iCity of Boynton Beach hProcurement Division 1.3 Condition of Premises Operator acknowledges that it has inspected the Premises and accepts the Premises in their current "AS IS" condition, except as otherwise specified in Exhibit C (if applicable). 1.4 Public Purpose and Benefit The Parties acknowledge that the Premises constitute a public facility owned by the City and that this Agreement is intended to advance the public interest by enhancing waterfront access and recreational opportunities for residents and visitors of the City. The Operator shall operate and maintain the Bait and Tackle Shop in a manner that aligns with this public purpose, ensuring the facility is clean, safe, welcoming, and efficiently managed to meet the needs of the community. 2. TERM, RENEWAL, AND TERMINATION 2.1 Initial Term The initial term of this Agreement shall be for a period of FIVE (5) years, commencing on November 4, 2025 (the "Commencement Date") and ending on November 3,2030 (the "Initial Tenn"), unless earlier terminated as provided herein. 2.2 Renewal Options Provided that the Operator is not in default under this Agreement, the Operator shall have the option to renew this Agreement for up to two (2) additional periods of two (2) years each (each, a "Renewal Term"), on the same terms and conditions set forth herein— subject to a demonstrated successful sales plan over the preceding five (5) years and approval by the City—except an adjustment to the monthly lease price as provided in Sections 3.1. The Parties must enter into a written amendment to exercise a renewal option. If Operator does not intend to agree to the exercise of a renewal option, it must provide the City with at least ONE-HUNDRED EIGHTY MAI calendar days' written notice prior to the expiration of the then-current term. 2.3 Term As used herein, "Term" shall mean the Initial Terni and any Renewal Term(s) exercised by Operator. 2.4 Termination for Cause This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30)calendar days after receipt of written notice from the aggrieved party identifying the breach ("Cure Period"). The party in breach may, within the Cure Period, request an extension to the Cure Period for a reasonable time if RFP No:25-051R-Harvey E Oyar Jr.Park Bat&1adle Shop (Operator 1 ern,Contract) VY c6L City of Boynton Beach " > Procurement Division such party demonstrates best efforts to cure such breach. his Agreement may be terminated for cause as provided for herein for reasons including, but not limited to, Operator's repeated (whether negligent or intentional) submission of false or incorrect reports, Operator's failure to perform the scope of services suitably, or failure to continuously perform the scope of services in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if Operator is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if Operator provides a false certification submitted pursuant to Section 287.135, Florida Statutes. If either party erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective nine (9) months after receipt of such written notice of termination for cause. 2.5 Termination for Convenience City shall have the right to terminate this Agreement for convenience upon a minimum of nine (9) months written notice to Operator. This time period may be extended up to an additional thirty (30) business days, at the City's sole discretion, if Operator delivers a written request to the City Manager for an extension within sixty (60) business days from receipt of the initial notice. Operator's written extension request shall include sufficient explanation and documentation to allow the City to reasonably grant the same. 2.6 Termination to Protect Health, Safety, or Welfare The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare of the City or its Citizens. 2.7 Notice of Termination Notice of termination shall be provided in accordance with the "Notices" section of this Agreement, except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare, may be verbal notice that shall be promptly confirmed in writing in accordance with the "Notices" section of this Agreement. 3. LEASE RENT 3.1 Monthly Lease Payment to the City Operator shall remit to the City a base rent in the amount of One Thousand Three Hundred Dollars ($1,300.00) per month ("Base Rent"), payable in advance on the first (1st) day of each month during the Term, without demand, setoff, or deduction. The Base RFP No 25-051R-Harvey F.Oyer Jr.Park Bait 8 Tackle Shop (Operator Term Contract) 5 Y O� • T O � City of Boynton Beach ••�• Procurement Division Rent shall automatically increase by three percent (3%) each year on the anniversary of the Commencement Date, for each year of the five (5)-year Term. 3.2 Records and Audit Rights Operator shall maintain complete and accurate books and records of all revenue and expenses related to the operation of the Premises. City shall have the right, upon reasonable notice and during normal business hours, to inspect and audit Operator's books and records. If an audit inspection in accordance with this section discloses underpayment (of any nature) by Operator to the City in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's audit shall be reimbursed to the City by the Operator and (2) liquidated damages in the amount of 15% of the underpayment shall be assessed. Any adjustments and/or payments that must be made as a result of the audit inspection, including any interest, audit costs, and liquidated damages, shall be made by the Operator within 45 business days from the presentation of the City's findings to the Operator. Failure by Operator to permit such audit shall be grounds for termination of this Agreement by the City. 4. SECURITY AND DAMAGE DEPOSITS 4.1 Security Deposit Upon execution of this Agreement, Operator shall deposit with City the sum of FIVE THOUSAND DOLLARS ($5,000.00) as a security deposit (the "Security Deposit"). 4.2 Use and Return of Security Deposit City may use the Security Deposit to remedy any default by Operator under this Agreement, including but not limited to failure to pay rent, failure to repair damage to the Premises, or failure to leave the Premises in clean condition upon termination of this Agreement. Within thirty (30) business days after the termination of this Agreement and Operator's vacation of the Premises, City shall return the Security Deposit to Operator, less any amounts properly withheld by City, along with an itemized statement of any amounts withheld. 5. USE OF PREMISES; OPERATIONS; BACKGROUND CHECKS 5.1 Permitted Use Operator shall use the Premises solely for the purpose of operating a bait and tackle store, including related activities and providing food and beverage services. Operator shall not use the Premises for any other purpose without the City's prior written consent. 5.2 Hours of Operation RFP No 25-051R-Harvey E.Oyer Jr.Park Bail&Tackle Shop (Operator Tenn Contract) 6 r o� Oo � = City of Boynton Beach ''>or Procurement Division Operator shall operate the Premises during reasonable business hours as determined by Operator, provided that the Premises shall be open to the public for a minimum of SEVENTY (70) hours per week, subject to inclement weather and holidays. The City reserves the right to establish minimum operating hours to ensure adequate public access to the facility. 5.3 Public Access Operator shall ensure that the Premises is reasonably accessible to all members of the public, including City residents and non-residents, without discrimination. 5.4 Community Programs Operator shall develop and implement community programs designed to promote the bait and tackle shop in the community. The community programs shall be detailed in an annual Community Benefit Plan to be submitted to the City for approval. 5.5 Compliance with Laws Operator shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with its use and operation of the Premises, including but not limited to: a) Obtaining and maintaining all necessary licenses, permits, and approvals; b) Americans with Disabilities Act (ADA) requirements; c) Florida Building Code; d) Florida Fire Prevention Code; e) City zoning ordinances and land development regulations; f) Health and safety regulations; and g) Environmental regulations. 5.6 Rules and Regulations Operator shall establish reasonable rules and regulations for the use of the Premises by members and guests,which shall be subject to the City's approval, not to be unreasonably withheld, conditioned, or delayed. Operator shall provide a copy of such rules and regulations to the City and shall enforce them consistently and fairly. 5.7 Staffing The Operator shall provide sufficient staffing to ensure the effective and professional operation of the Harvey E. Oyer Jr. Park Bait and Tackle Shop during all designated operating hours. Personnel assigned to the facility must be trained, courteous, and knowledgeable in bait and tackle retail, recreational fishing, and customer service. At minimum, the Operator must ensure: REP No:25.051R-Haney E Oyer Jr.Park Bait&Tackle Shop (Operator Term Contract) 7 City of Boynton Beach Procurement Division • The shop is staffed during all hours of operation with at least one employee capable of managing sales, inventory, and customer inquiries. • All staff are familiar with the offerings of the shop, including bait types, tackle options, and general local fishing information. • Employees adhere to all applicable safety, cleanliness, and customer service standards set forth by the City. • A designated on-site or on-call manager is available during business hours to address operational issues and communicate with City staff as needed. • Staff wear appropriate attire that maintains a clean and professional appearance aligned with the public-facing nature of the facility. The City reserves the right to request the removal of any personnel whose conduct is deemed unprofessional, disruptive, or inconsistent with the mission of providing a positive recreational experience to residents and visitors. 5.8 Quality of Services Operator shall ensure that all services provided at the Harvey E. Oyer Jr. Bait and Tackle Shop are delivered professionally, courteously, and customer-focused that reflects positively on the City of Boynton Beach. The Operator shall maintain a high standard of cleanliness, product quality, and customer service throughout the term of this Agreement. At a minimum, Operator shall: • Provide prompt, respectful, and knowledgeable service to all customers, including residents, visitors, and tourists. • Ensure staff are properly trained to help regarding bait, tackle, local fishing regulations, and general area information. • Maintain the Premises in a neat, organized, and sanitary condition at all times, in accordance with all applicable health, safety, and accessibility standards. • Regularly restock and rotate merchandise to ensure product freshness and availability. • Respond in a timely and professional manner to customer complaints, City concerns, or operational issues and document resolution efforts when requested by the City. Failure to maintain acceptable standards of service, as reasonably determined by the City, may constitute grounds for corrective action or termination in accordance with the terms of this Agreement. 5.9 Damage to Premises Operator shall repair any and all damage to the Premise or Operator's real and personal property caused by Operator, its employees, agents, subcontractors, independent contractors, patrons, and invitees. City shall repair any and all damage to the Premise or RFP No 25-051R-Harvey E.Oyer Jr.Park Bait&lacklo Shop (Operator term Contract) 8 City of Boynton Beach Procurement Division Operator's real and personal property caused by City, its employees, agents, subcontractors, and independent contractors. 5.10 Inspection by City The City shall have the authority to make periodic reasonable inspections of the Premises, equipment, and operations during normal operating hours to determine if such are being maintained in a neat and orderly condition or to determine whether Operator is operating in compliance with the terms of this Agreement. All inspections shall be conducted in a manner so as not to interfere with the normal operations of the Premises. The City may inform Operator of any needed actions to correct improper operations. Operator shall reasonably comply with any recommendations of the City with respect to improper operations issues. 5.11 Marketing and Promotion Operator shall actively market and promote the Premises to maximize usage and revenue. Operator's marketing efforts shall include but not be limited to maintaining a website, social media presence, email newsletters, and local advertising. All marketing materials shall acknowledge that the Premises are owned by the City of Boynton Beach. 5.12 Criminal Background Screening Operator shall perform criminal background screening as identified below on its officers, employees, agents, independent contractors, and volunteers working under this Agreement on the Premises. Further, if Operator is permitted to utilize subcontractors under this Agreement, Operator shall perform or ensure that the background screening as required below is conducted on any permitted subcontractor, which term includes the subcontractor's officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Premises. Operator shall not be required to comply with the provisions for criminal background screening under this section for those independent vendors coming onto the Premises merely to make deliveries of goods or services for, or relating to, the Premises. Operator shall not permit any person who is listed as a sexual predator or sexual offender on the Florida Department of Law Enforcement, Sexual Offenders and Predators Website or the United States Department of Justice, National Sex Offender Public Website, to provide any services for Operator on the Premises. Operator shall maintain copies of the results of the criminal background screening required for the Term and promptly forward copies of same to City upon its request. Operator shall be required to furnish to the City, on a monthly basis, an Affidavit, in a form approved by City, affirming the persons listed in the Affidavit have been background screened as required by this Agreement and have been deemed eligible by Operator to work at the Premises. Operator's monthly Affidavit shall update information from the RFP No:25-0S1R-Harvey E.Oyer Jr.Park Flak&Tackle Stop (Operator Term Contract) 9 O` City of Boynton Beach `T•"•` Procurement Division previous Affidavit by reconfirming the status of persons who have previously been deemed eligible as provided for above and updating the list, when applicable, to specifically identify new persons providing services for Operator under this Agreement who have been background screened as required and deemed eligible to work at the Premises. In its discretion, the City may permit Operator to furnish the monthly Affidavit in an electronic format. In the event Operator obtains or is provided supplemental criminal background information, including police reports and arrest information, which potentially disqualifies a person previously deemed eligible by Operator to provide services under this Agreement, Operator shall take immediate action to review the matter; however, during such review time and until a determination of eligibility is made by Operator based on the requirements of this section, Operator shall immediately cease allowing the person to work at the Premises. Additionally, Operator shall be required to inform any person background screened pursuant to this section who is providing services under this Agreement, to notify Operator within forty-eight (48) hours of any arrest related to sexual misconduct that has occurred after the person was deemed eligible to work at the Premises. Operator shall, by written contract, require its permitted subcontractors to agree to the requirements and obligations of this section. City may terminate this Agreement immediately for cause, with written notice provided to Operator, for a violation related to Operator's failure to perform the required background screening on its officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Premises. City may also terminate this Agreement immediately for cause, with written notice provided to Operator, if City determines Operator failed to ensure that its permitted subcontractors have been background screened as required in this section before performing any services under this Agreement at the Premises. Operator will not he subject to immediate termination in the event City determines a violation of this section was outside the reasonable control of Operator and Operator has demonstrated to City compliance with the requirements of this section. City may terminate this Agreement for cause if Operator fails to provide the monthly Affidavit to City as provided above, and Operator does not cure said breach within five (5) business days of written notice provided to Operator by City in accordance with the "Notices" section of this Agreement. 6. MAINTENANCE AND REPAIRS 6.1 Operator's Obligations Operator shall, at its sole cost and expense, keep and maintain the Premises in good condition and repair, including but not limited to: RFP No:25.051R•Harvey E.Oyer Jr.Park Belt&Tackle Shop (Operator Term Contract) se fY O (4 • Z City of Boynton Beach ;4.To Procurement Division a) Regular maintenance of the facility as needed; b) Maintenance of restroom facilities regarding plumbing; c) Maintenance of landscaping and grounds within five feet of the building; d) Janitorial services and trash removal; e) Pest control; and f) Minor repairs less than TWO THOUSAND DOLLARS ($2,000) and maintenance of building systems. 6.2 City's Obligations City shall, at its sole cost and expense, be responsible for: a) Structural repairs to the buildings; b) Roof repairs and replacement; c) Major repairs over TWO THOUSAND DOLLARS ($2,000.00) or replacement of HVAC, plumbing, and electrical systems; and d) Maintenance and repairs to the parking lot, including repaving when necessary. 7. UTILITIES AND SERVICES 7.1 Operator's Responsibility Operator shall pay for all utilities and services supplied to the Premises, including but not limited to electricity, gas, water, sewer, telephone, Internet, cable/satellite television, security systems, and trash collection. The operator will be provided with the FPL Power and Electric Bill as well as the City Utility bill, and shall pay the bill on time to avoid disconnection. 7.2 Interruption of Services City shall not be liable for any interruption or failure of utility services to the Premises unless such interruption or failure is caused by City's negligence or willful misconduct. 8. PAYMENT OF TAXES AND OBLIGATIONS 8.1 Real Property and Business Taxes City shall pay all real property taxes and assessments levied against the Property. If real property taxes increase due to Operator's specific use of the Property or improvements made by Operator, Operator shall pay the amount of such increase. Operator shall pay all taxes and other costs lawfully assessed against its business and legal interest in the operation of the Premises under this Agreement, including but not limited to the Premises-related Improvements made by Operator; provided, however, that Operator shall not be deemed in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity or amount of such taxes and/or other costs. 8.2 Sales and Use Taxes RFP No:25-051R-Harvey E.Oyer Jr.Park Balt&Tackle Shop (Operator Term Contract) ti City of Boynton Beach Procurement Division Operator shall be liable for the prevailing state of Florida Sales and Use Tax imposed on rent payable to City under this Agreement. This tax shall be calculated in addition to and not incorporated into the monthly rent. Operator shall be liable for all other taxes due taxing authorities arising out of its operations under this Agreement, including all taxes assessed against Operator's personal property, trade fixtures, and equipment located on the Premises. 8.3 Other Obligations Operator shall procure and obtain, at its sole cost, all permits, licenses, and approvals required of Operator for its operations and performance under this Agreement. Operator shall be responsible for paying its approved contractors, subcontractors, and suppliers hired to perform any of the Premises-related improvements for work performed or for supplies, equipment, or materials transacted, any undisputed amount within thirty (30) calendar days following receipt of appropriate invoices for such work or supplies, upon completion of same. Operator shall take such action necessary to resolve any amounts in dispute. 9. INSURANCE 9.1 Operator's Insurance Operator shall, at its sole cost and expense, maintain the following insurance coverage throughout the Term: a) Commercial General Liability Insurance with limits of not less than $2,000,000 per occurrence and $4,000,000 aggregate; b) Property Insurance covering Operator's personal property, trade fixtures, and equipment; c) Business Interruption Insurance; d)Workers' Compensation Insurance as required by law; e) Automobile Liability Insurance with limits of not less than $1,000,000 combined single limit; f) Professional Liability Insurance with limits of not less than $1,000,000 per occurrence (if Operator provides professional services such as instruction); g) Employment Practices Liability Insurance with limits of not less than $1,000,000; and h) Cyber Liability Insurance with limits of not less than $1,000,000 (if Operator collects personal information through websites, mobile applications, or other digital platforms). 9.2 City's Insurance The City shall maintain property insurance covering the buildings and permanent improvements on the Property, and commercial general liability insurance with respect to the City's ownership of the Property, in accordance with the City's standard insurance RFP No 25-051R-Harvey E.Oyer Jr.Parc Batt&Tadd.Shop (Operator Term Contract) 12 r ee eL P City of Boynton Beach `*•'.e` Procurement Division program and risk management policies. The Parties acknowledge that the City may be self-insured. 9.3 Policy Requirements All insurance policies required under this Agreement shall: a) Name the City as an additional insured on all liability policies (except for Workers' Compensation Insurance); b) Provide that the policy cannot be canceled or materially modified without at least thirty (30) business days prior written notice to the City; c) Include a waiver of subrogation in favor of the City; d) Be primary and non-contributory with respect to any insurance or self-insurance programs maintained by the City; and e) Be issued by insurance companies licensed to do business in the State of Florida with a financial rating of at least A-VII in the most recent edition of Best's Insurance Reports. 9.4 Certificates of Insurance Operator shall provide the City with certificates of insurance, evidencing the required coverage prior to the Commencement Date and upon renewal of any policy. The certificates shall reference this Agreement and confirm compliance with all requirements specified herein. If requested by the City, Operator shall provide complete copies of any required insurance policies. 9.5 Waiver of Subrogation Each Party hereby waives any right of recovery against the other Party for any loss or damage covered by insurance, regardless of whether such loss or damage is caused by the negligence of the other Party. Each Party shall obtain endorsements to its insurance policies as needed to effectuate this waiver of subrogation. 9.6 Compliance with Florida Statutes Operator's insurance shall comply with all requirements of Section 768.28, Florida Statutes, and other applicable laws regarding insurance for contracts with governmental entities in Florida. Operator acknowledges that the City, as a governmental entity, is entitled to sovereign immunity protections and limitations of liability as set forth in Section 768.28, Florida Statutes. 10. INDEMNIFICATION Operator shall indemnify, defend, and hold harmless City and its officers, directors, employees, agents, and representatives from and against any and all claims, demands, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys' fees)arising from or relating to: (a) Operator's use or occupancy of the Premises; (b) any RFP No:25-051R-Harvey E.Oyer Jr.Park Balt 6 Tackle Shop (Operator Term Contracl) 13 • v City of Boynton Beach Procurement Division breach or default by Operator under this Agreement; (c) any negligent or willful act or omission of Operator or its employees, agents, contractors, or invitees; or (d) any injury to person or property occurring on the Premises, except to the extent caused by City's negligence or willful misconduct. Operator shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature against the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 11. ALTERATIONS AND IMPROVEMENTS 11.1 Operator's Right to Make Alterations Operator may make non-structural alterations, additions, or improvements to the Premises with City's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. Any alterations, additions, or improvements with a cost exceeding TWENTY THOUSAND DOLLARS ($20,000) shall require City's prior written approval of the plans and specifications. 11.2 Ownership of Improvements All alterations, additions, and improvements made by Operator shall become the property of City upon termination of this Agreement, unless City requires Operator to remove them as provided in Section 11.3. 11.3 Removal of Improvements Upon termination of this Agreement, City may require Operator to remove any alterations, additions, or improvements made by Operator and to restore the Premises to their original condition, reasonable wear and tear excepted. City shall notify Operator of any such requirement at least thirty (30) business days prior to the termination date. 11.4 Trade Fixtures Operator may install trade fixtures, equipment, and personal property on the Premises, which shall remain Operator's property and may be removed by Operator at any time, provided that Operator repairs any damage caused by such removal. 12. ASSIGNMENT AND SUBLETTING 12.1 Prohibition on Assignment and Subletting Operator shall not assign this Agreement, sublet all or any part of the Premises, or permit any other person or entity to use or occupy all or any part of the Premises, without City's prior written consent, which may be withheld in City's sole discretion. RFP No:25-051R-Harvey E.Oyer Jr.Park Balt&Tackle Shop (Operator Term Contract) 14 •p� Air • z p v City of Boynton Beach Procurement Division 12.2 Change of Control Any change in the ownership or control of Operator that results in a change in the majority ownership or control of Operator shall be deemed an assignment requiring City's consent under Section 12.1. 12.3 No Release of Operator No assignment or subletting, even with City's consent, shall release Operator from its obligations under this Agreement. 13. DEFAULT AND REMEDIES 13.1 Operator's Default Each of the following shall constitute a default by Operator under this Agreement: a) Failure to pay any Base Rent, under this Agreement within ten (10) business days after the due date; b) Failure to perform or observe any other covenant, term, or condition of this Agreement, which failure continues for fifteen (15) business days after written notice from City (or such longer period as may be reasonably necessary if the failure cannot be cured within fifteen (15) business days, provided that Operator commences the cure within the fifteen days and diligently pursues it to completion); c) Abandonment or vacation of the Premises for more than fifteen (15) consecutive business days; d) Filing of a petition for bankruptcy, insolvency, or reorganization by or against Operator (unless, in the case of a petition filed against Operator, it is dismissed within sixty (60) business days); e) Appointment of a receiver or trustee for all or substantially all of Operator's assets; or f) Making an assignment for the benefit of creditors. 13.2 City's Remedies Upon the occurrence of any default by Operator, City may exercise any one or more of the following remedies without limiting any other right or remedy available to City at law or in equity: a) Terminate this Agreement by written notice to Operator, in which case Operator shall immediately surrender the Premises to City; b) Enter upon and take possession of the Premises without terminating this Agreement and without being liable for prosecution or any claim for damages; c) Collect rent from any sublessee and apply it to the amounts due from Operator; e) Pursue any other remedy available at law or in equity. 13.3 City's Default RFP No 25-051R-Harvey E.Oyer Jr.Park Balt&Tackle Shop (Operator Term Contract) 15 City of Boynton Beach Procurement Division City shall be in default under this Agreement if City fails to perform or observe any covenant, term, or condition of this Agreement, which failure continues for thirty (30) business days after written notice from Operator (or such longer period as may be reasonably necessary if the failure cannot be cured within thirty (30) business days, provided that City commences the cure within the thirty-day period and diligently pursues it to completion). 13.4 Operator's Remedies Upon the occurrence of any default by City, Operator may exercise any one or more of the following remedies, without limiting any other right or remedy available to Operator at law or in equity: a) Terminate this Agreement by written notice to City; or b) Pursue any other remedy available at law or in equity. 13.5 Mitigation of Damages Both Parties shall use reasonable efforts to mitigate their damages in the event of a default by the other Party. 14. SURRENDER OF PREMISES 14.1 Condition of Premises Upon the expiration or earlier termination of this Agreement, Operator shall surrender the Premises to City in good condition and repair, reasonable wear and tear excepted, and shall remove all of Operator's personal property, trade fixtures, and equipment. 14.2 Holdover If Operator remains in possession of the Premises after the expiration or earlier termination of this Agreement without City's consent, Operator shall be deemed a tenant at sufferance and shall pay rent at the rate of 150% of the sum of the Base Rent for the preceding twelve (12) months. Such holdover shall not constitute a renewal or extension of this Agreement. 15. NOTICES All notices, demands, requests, or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, or sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Manager City of Boynton Beach RFP No 25-051R-Harvey E.Oyer Jr.Park Batt 6 Tackle Shop (Operator Term Contract) 16 o' e O V City of Boynton Beach %re.•`P Procurement Division P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 With a copy to: City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If to Operator: FLORIDA TACKLE COMPANY, INC. 1550 U.S. HIGHWAY 1 UNIT 11 BOYNTON BEACH, FL 33435 Attention: RAYMOND D LABONTE and MICHAEL LABONTE Michael.FloridaTackle a©gmail.com 561-676-2837 Either Party may change its address for notices by written notice to the other Party. 16. REPORTING AND COMPLIANCE 16.1 Annual Reports Within sixty (60) business days after the end of each calendar year, Operator shall, provide the finance director at its own expense, provide the City with an annual report containing: a) Gross Receipts and Gross Revenues for the month, itemized by category b.) Any other information reasonably requested by the City. 16.3 Public Records Compliance Operator acknowledges that this Agreement and all documents related to it are subject to Florida's Public Records Law, Chapter 119, Florida Statutes. Operator shall: a) Keep and maintain public records required by the City to perform the services under this Agreement; b) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; RFP No 25-051R-Harvey E.Oyer Jr.Park Balt&Tackle Shop (Operator Term Contract) 17 •oa Oc. \ _ City of Boynton Beach "To„a`P Procurement Division c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Term and following completion of the Agreement if Operator does not transfer the records to the City; and d) Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Operator or keep and maintain public records required by the City to perform the service. If Operator transfers all public records to the City upon completion of the Agreement, Operator shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Operator keeps and maintains public records upon completion of the Agreement, Operator shall meet all applicable requirements for retaining public records. IF OPERATOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO OPERATOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE: 100 E. OCEAN AVENUE, BOYNTON BEACH, FL 33435, 561- 742-6060, CITYCLERK aBBFL.US. 16.4 E-Verify Compliance Operator shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for a violation of the statute by the Operator, Operator may not be awarded a public contract for a period of one (1) year after the date of termination. 16.5 No Contingent Fees Operator warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Operator, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 16.6 Conflict of Interest Operator represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of the services RFP No:25-051R-Harvey E.Oyer Jr.Park Balt&Tackle Shop (Operator Term Contract) 18 0r o,r • _ O City of Boynton Beach "•0,, Procurement Division required under this Agreement. Operator further represents that no person having any such interest shall be employed by Operator during the Term. Operator shall promptly notify the City in writing of any potential conflicts of interest for any prospective business association, interest, or other circumstance that may influence or appear to influence Operator's judgment, or the quality of services being provided hereunder. 16.7 Non-Discrimination Operator shall not discriminate against any person in its operations, activities, or delivery of services under this Agreement. Operator shall affirmatively comply with all applicable provisions of federal, state, and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, color, religion, sex, age, national origin, marital status, disability, sexual orientation, gender identity or expression, or any other characteristic protected by law. 16.8 Compliance with Employment and Labor Laws Operator shall comply with all applicable federal, state, and local employment and labor laws, including but not limited to: a) Fair Labor Standards Act; b) Equal Pay Act; c) Civil Rights Act of 1964; d)Americans with Disabilities Act; e)Age Discrimination in Employment Act; f) Family and Medical Leave Act; and g) Florida Civil Rights Act. 16.9 Scrutinized Companies By executing this Agreement, Operator certifies that Operator is not participating in a boycott of Israel. The Operator further certifies that Operator is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Operator been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Operator of the City's determination concerning the false certification. The Operator shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Operator shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Operator does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek RFP No:25-051R-Harvey E Oyer Jr.Park Balt 6 Tackle Shop (Operator Term Contract) 19 o� O = O 0 City of Boynton Beach �4,°,.. Procurement Division civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 16.10 Anti-Human Trafficking On or before the effective date of this Agreement, Operator shall provide City with an affidavit attesting that the Operator does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 16.11 Countries of Concern The Operator represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the Term. 16.12 Public Entity Crime Act Operator represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Operator further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Operator has been placed on the convicted vendor list. 16.13 Entities of Foreign Concern The provisions of this section apply only if Operator or any subcontractor will have access to an individual's personal identifying information under this Agreement. Operator represents and certifies: (i) Operator is not owned by the government of a foreign country of concern; (ii)the government of a foreign country of concern does not have a controlling interest in Operator; and (iii) Operator is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date, Operator and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 17. ADDITIONAL PROVISIONS 17.1 Competitive Bidding Acknowledgment Operator acknowledges that this Agreement has been awarded in compliance with applicable procurement laws and the City's procurement ordinances and policies. The RFP No:25-051R-Harvey E.Oyer Jr.Park Balt t Tackle Shop (Operator Term Contract) 20 0Y�O ° z o City of Boynton Beach ����� Procurement Division City represents that all required competitive bidding or other procurement procedures have been properly followed in connection with the award of this Agreement. 17.3 Compliance with Section 287.0582, Florida Statutes The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the City Commission. 17.4 Local Business Preference Operator shall, to the extent permitted by applicable law, utilize local businesses, contractors, and suppliers in the performance of its obligations under this Agreement. 18. MISCELLANEOUS LEGAL PROVISIONS 18.1 Venue and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state court in Palm Beach County, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. 18.2 Waiver of Jury Trial THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 18.3 Sovereign Immunity Nothing contained in this Agreement shall be construed or interpreted as: (1) denying to either Party any remedy or defense available to such Party under the laws of the State of Florida; (2) the consent of the City or the State of Florida or their agents and agencies to be sued; or (3) a waiver of sovereign immunity of the City beyond the waiver provided in Section 768.28, Florida Statutes. The City expressly retains all rights, benefits, and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of the City's sovereign immunity or the City's limits of liability as set forth in Section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing RFP No:25-051R-Harvey E.Oyer Jr.Park Balt&Tackle Shop (Operator Term Contract) 21 6 City of Boynton Beach Procurement Division any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 18.4 Severability If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18.5 No Third-Party Beneficiaries Except as expressly provided herein, nothing in this Agreement is intended to benefit any third party, nor shall any term, provision, covenant, or condition of this Agreement be construed to create any rights in any person or entity not a party to this Agreement. 18.6 Entire Agreement The Agreement between the City and the Operator with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the Parties' mutual agreement set forth in writing and signed by the Parties. 18.7 Materiality and Waiver of Breach Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 18.8 Force Majeure Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by force majeure events beyond the reasonable control of such Party, including but not limited to acts of God, hurricane, tornado, fire, flood, earthquake, explosion, war, terrorism, riot, civil disorder, act of any government body, or other similar causes. The Party affected by such force majeure event shall notify the other Party within a reasonable time of the commencement and termination of the force majeure event. The time for performance shall be extended for a period equal to the duration of the force majeure event, provided that if such period exceeds ninety (90) consecutive days, either Party may terminate this Agreement upon written notice to the other Party. RFP No:25-051R-Harvey E.Oyer Jr.Park Bait 8 Tackle Shop (Operator Term Contract) 22 r oe • z e U City of Boynton Beach •e�• Procurement Division 18.9 Counterparts This Agreement may be executed in any number of counterparts, whether signed physically or electronically, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. Signature and acknowledgment pages may be detached from the counterparts and attached to a single copy of this Agreement to form one document. 18.10 Time of Essence Time is of the essence in the performance of all obligations under this Agreement. 18.11 Survival Any provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement shall survive such expiration or termination and shall remain in effect until all obligations are satisfied. 18.12 Amendments No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties. 18.13 Headings The headings contained in this Agreement are for the convenience of reference only and shall not affect the interpretation of this Agreement. 18.14 No Construction Against Drafter The Parties acknowledge that they have both participated in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be construed more strictly against either Party, regardless of which Party was responsible for its preparation. 18.15 No Lien The Operator shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Operator. 18.16 Independent Contractor The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Operator is an independent contractor pursuant to the Agreement and shall RFP No 25-0S1R-Harvey E.Oyer Jr.Park Batt 8 Tackle Shop (Operator Term Contract) 23 (0:,,, • Z 0U City of Boynton Beach "•°"eProcurement Division not be considered the City's employee for any purpose. Operator shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 18.17 Attorney's Fees If either Party sues to enforce the Agreement, each Party shall bear its own attorneys fees and court costs. 18.18 Representation of Authority Operator represents and warrants that this Agreement constitutes the legal,valid, binding, and enforceable obligation of the Operator and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Operator has with any third party or violates applicable law. Operator further represents and warrants that execution of this Agreement is within Operator's legal powers, and each individual executing this Agreement on behalf of Operator is duly authorized by all necessary and appropriate action to do so on behalf of Operator and does so with full legal authority. 18.19 Regulatory Capacity Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to City as a Party to this Agreement. 18.20 Limitation of Liability Notwithstanding any provision of the Agreement to which it is applicable, in no event shall City be liable to Operator for punitive or exemplary damages, lost profits, or consequential damages. (Signatures on following page) RFP No:25-051R-Harvey E.Oyer Jr.Park Balt&Tackle Shop (Operator Term Contract) 24 City of Boynton Beach „. Procurement Division IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA OPERATOR V/ 6/______ ./e Re ecca Shelton, Mayor (Signature) ( 9 ) MICHAEL LABONTE Print Name of Authorized Official Lit0 Approved as to Form: Title J&6A d/X2 Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Attested/Authenticated: (- (Signature), Witness l. . 0 , il Maytee D:4esus, City Cie, Print Name ii:-;'-..:::::::c:;:13-:°04.PY!Li'.?:./1/11117):11': e.cr, I (-) ED: 1120 is• (14% °RIDA.•_' RFP No:25-051R-Harvey E.Oyer Jr.Park Bait&Tackle Shop (Operator Term Contract) 25 REQUEST FOR PROPOSALS (RFP) 4,40, t) .' • RFP No: 25-051R HARVEY E. OYER JR. PARK '!' BAIT & TACKLE SHOP (OPERATOR TERM CONTRACT) PUBLISH DATE: U . ALL QUESTIONS DUE: April 29, 2025 May 19, 2025 by 5:00 PM NON-MANDATORY PRE- PROPOSAL CLOSING PROPOSAL CONFERENCE: CEREMONY AND DUE DATE: May 13, 2025 at 10:30 AM May 29, 2025 at 3:00 PM Location: CITY OF BOYNTON BEACH Where to Deliver the Proposal ROOM 115 Boynton-beach.bidsandtenders.net 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 Also, on: Microsoft Teams Join the meeting now Meeting ID: 215 353 062 036 4 Passcode: SD3bt2CN +1 872-215-6235, 566193322# United States, Phone conference ID: 566 193 322# bids&tendersTM Online Submission Only Advertisement Date: April 29, 2025 Procurement Representative: Andrew Rozwadowski — RozwadowskiA(abbfl.us City of Boynton Beach �-7.0 . Purchasing Division RFP No: 25-051 R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) REQUEST FOR PROPOSALS TABLE OF CONTENTS TABLE OF CONTENTS ADVERTISEMENT NOTICE TO PROPOSERS ...1 SECTION I—INSTRUCTIONS TO PROPOSERS—SUBMISSION REQUIREMENTS .. . 1 PURCHASING DIVISION .. .. .. . . ... 2 1.0 DEFINITIONS .2 "Addenda"... .. 2 "Agreement' "City"or"Owner" "Contract Administrator". .2 "Contract Documents' .. .......... 2 "Operator". "Defective" Effective Date of the Agreement.. ... 2 "Evaluation/Selection Committee" 2 "Interested parties" . 2 "Notice to Proceed' ... 2 'Online e-procurement system"or'a-procurement system'. 2 'Procurement Services" . .. . .2 "Proposer/Offeror/Responder" 2 "Request for Proposals(RFP)'..... "Sub-Operator" "Responsible Proposer" . 2 "Responsive Proposer" .2 "Written Amendment" .. .. .3 "Unit Price or Hourly Wage Work".. .. .3 "Project.Services,or Program"... .... 3 1 1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY .3 1 2 PROCUREMENT DEFINITION FOR SOLICITATION .. 3 1 3 ONLINE E-PROCUREMENT SYSTEM—(bids&tenders) 3 1 4 EXAMINATION OF CONTRACT DOCUMENTS 4 1.5 ELIGIBILITY OF PROPOSER .4 1 6 QUALIFICATIONS OF PROPOSERS . . .......... .. .. .4 1.7 PRE-PROPOSAL CONFERENCE.. 4 1 8 QUESTIONS AND ADDENDA ON THIS SOLICITATION ..4 1 9 MISTAKES WITHIN RFP 5 1 10 SUBMISSION OF THE PROPOSAL...... .. .. ..5 1.11 SOLICITATION FORMS ........ .. .6 1.12 EXECUTION OF SOLICITATION DOCUMENTS 6 1.13 CAUSES FOR REJECTION. .. 6 1.14 REJECTION OF PROPOSALS 6 1 15 WITHDRAWAL OF PROPOSALS.......... .. 6 1.16 NO SUBMITTAL .. .. 6 1 17 SOLICITATION DEADLINE. .. 6 1 18 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS(RFP). ... ........ .. .. ... 7 1 19 PROTEST PROCEDURE 7 1 20 MINIMUM STANDARDS REQUIRED BY THE CITY .. . .. .7 1.21 DISQUALIFICATION OF PROPOSER ........ . ... ... .. .8 City of Boynton Beach Purchasing Division 1 22 INFORMATION AND DESCRIPTIVE LITERATURE 8 1.23 INTERPRETATIONS . ... . . .. . . . . ... .. . . 8 1 24 CERTIFICATIONS,LICENSES,AND PERMITS . . . . . 8 1 25 SUB-CONSULTING 8 1 26 ESCALATOR CLAUSE 9 1 27 EXCEPTIONS BY PROPOSER .. .. .. . .. . .. . . .. . . . .. .. ... . .. . ... .9 1 28 TRADE SECRET. . . .. ... .. ... .. . . 9 1 29 ANTI-KICKBACK AFFIDAVIT .9 1 30 CONFLICT OF INTEREST/GIFT POLICY 10 1 31 GIFT POLICY ... ... . . .. . .. . .. . . .. . . . .. ... ... ... . . 10 1 32 CONFIRMATION OF MINORITY-OWNED BUSINESS 10 1.33 LOCAL BUSINESS PREFERENCE 10 1.34 AWARD OF AGREEMENT. . .. ... . 11 1.35 SIGNING OF AGREEMENT .. . . . . . . . . .. . .. . . . . .. ... .. .. .... 11 SECTION Il—SCOPE OF WORK(SERVICES)—TERM CONTRACT . .12 21 BACKGROUND 12 22 SCOPE OF SERVICES .12 2 3 PICTURES OF THE FACILITY . . .. .. . .. . 24 TERM OF CONTRACT . .. .. 23 25 VISION. 23 2.6 PROPOSER'S VISIONARY FIVE-YEAR PLAN 24 27 FACILITY MANAGEMENT OPERATIONS . . . .. . . ... . ... . .. . .. ... 24 28 FACILITY UPGRADES 24 2.9 FACILITY USE 24 2 10 SECURITY OF FACILITY .. . 25 2 11 FACILITY BRANDING AND MARKETING PROMOTION .. .. .. . .. . . .. .. .. .. . .. .. .. 25 2 12 GRANT RELATED CAPITAL IMPROVEMENT PROJECTS. . .. 25 2 13 MINIMUM QUALIFICATIONS OF PROPOSER 26 2.14 EXPECTED TIMELINE BY THE CITY . 26 2.15 GENERAL .. ... . .. .. .. .. . . . . .... ... .. . .. 26 SECTION III—SUBMISSION OF PROPOSALS.. . . . . . .. .. . .. . . .. ... .. ... .... . .. 27 3.1 GENERAL REQUIREMENTS .. . . 27 3.2 CERTIFICATION AND LICENSES 27 3.3 DETAILED PROPOSAL ... .. .. . .. .. . . . . . . . . .. .. 27 A. Letter of Interest .. . . .. . .27 B Company Profile. .. . .. .. .. .27 C Proposer's Experience and Qualifications 27 D. Financial Documentation . .28 E Operational Plan . . ... . . . . . . . .. . .. . . . ... .. . ... 28 F. Product and Service Offerings. .. .. .. . . .. . .. . .. .. .. .. ... . . . . . 28 G Visionary Five-Year Plan . .. . . .. . . .. 28 H Facility Upgrades(Optional) 29 I Submittal of General Information and Procurement Forms and Documents .. .. . . . .. .. . . . . 29 J References—Past Performance-Completed Online . 29 K. Proposed Revenue Sheet is a separate document where Proposers will input the proposed revenue share for this contract.Completed through bids&tenders .. 29 SECTION IV-EVALUATION OF PROPOSALS.. ... . .. 30 4 1 EVALUATION METHOD AND CRITERIA. 30 4 2 EVALUATION CRITERIA SCORING . .. .. .. . . . .. . 33 4 3 ORDINAL RANKING . . .. .. . .. .33 4 4 ADDITIONAL CLARIFICATION 33 45 BEST AND FINAL OFFER . . . . . . ... ... ... .. . 33 4.6 SELECTION PROCESS.. ... . . . . .. . .. . . . ... ... .. . 34 City of Boynton Beach e Purchasing Division SECTION V-STANDARD GENERAL TERMS AND PROVISIONS 35 5 I FAMILIARITY AND COMPLIANCE WITH LAWS,CODES AND REGULATIONS. 35 5.2 NON-COLLUSION 35 5.3 LEGAL CONDITIONS.. . . . .. .. 35 54 CONFLICT OF INTEREST. . . 35 55 ADDITIONAL HOURS QUANTITIES.. .. .. 35 5.6 DISPUTES 35 5 7 LEGAL REQUIREMENTS 35 5 8 ON PUBLIC ENTITY CRIMES 35 59 FEDERAL AND STATE TAX . .. . . . .. .. 36 5 10PURCHASE ORDER REQUIRED 36 5 11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH . ... . 36 5 12 PALM BEACH COUNTY INSPECTOR GENERAL . . . . . .. . .36 5.13 OTHER AGENCIES. 36 5.14 VENUE AND GOVERNING LAW 36 5 15 NON-DISCRIMINATION&EQUAL OPPORTUNITY EMPLOYMENT . 36 5 16 INDEPENDENT PROPOSER RELATIONSHIP . 37 5 17 OMISSION OF DETAILS 37 5 18 LOBBYING-CONE OF SILENCE. 5 19 LEGAL EXPENSES 37 5 20 NO THIRD-PARTY BENEFICIARIES 37 5.21 DIRECT OWNER PURCHASES. 37 5.22 SCRUTINIZED COMPANIES 37 5.23 DISCRIMINATORY VENDOR LIST. . 38 5 24 NON-EXCLUSIVE.. .. ... . 38 5 25 BUSINESS INFORMATION 38 5 26 AGREEMENT . . 38 527 ENDORSEMENTS. 38 5 28 DRUG-FREE WORKPLACE 38 5 29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT . 39 5 30 PROHIBITION AGAINST CONSIDERING SOCIAL,POLITICAL,OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING. 39 5 31 RIGHTS IN DATA. 39 5 32 DOCUMENTATION OF COSTS 39 .. .. . 5.33 PUBLIC RECORDS 39 11 SECTION VI-SC 41 6 IAL PROVISONS-TERM CONTRACT ... .. . P 6 1 ASSIGNMENT:. 4 6.2 AGREEMENT TERM AND EXTENSION 41 63 CHANGES TO SCOPE AND ADDITIONAL SERVICES. .. . 41 64 INDEMNIFICATION .41 6 5 TERMINATION-SEE SAMPLE AGREEMENT.. . .42 6.6 PERFORMANCE OF OPERATOR 42 6.7 INSURANCE REQUIREMENTS-SEE SAMPLE CONTRACT FOR LIMITS. . .. 42 6.8 FORCE MAJEURE 43 6.9 INSPECTION AND ACCEPTANCE OF SERVIVES PRODUCED . .. .. . .. . .. 43 6.10 CONTINGENCY FEE . .. .. .. . . .. 43 6 11 PERFORMANCE REVIEW EVALUATION. . .. . . .. 6 12 ANTI-HUMAN TRAFFICKING. 44 6.13 VERIFICATION OF EMPLOYMENT ELIGIBILITY-E-VERITY. ... ... ... .. ... . . . . .. . .. . .. . 44 6.14 ENTITIES OF FOREIGN CONCERN .. .. . 6.15 SUCCESSORS AND ASSIGNS. 45 6 16 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS .. . . . .. . .. . .. .. . .. .. 45 SECTION VII-PRICE PROPOSAL FORM .. .. .. . . . 46 SECTION VIII-SAMPLE TERM AGREEMENT-CITY-OWNED . . .48 City of Boynton Beach 0` Purchasing Division RECITALS.. . 48 1.LEASE OF PROPERTY 49 1.1 Lease ... ... .... 49 1.2 Premises .. .... .......... 49 1.3 Condition of Premises 49 1.4 Public Purpose and Benefit 49 2 TERM,RENEWAL,AND TERMINATION....... .. 49 2.1 Initial Term . ... 49 2.2 Renewal Options .. 49 2.3 Term 50 3.RENT AND REVENUE SHARING 51 3.1 Base Rent 51 3.2 Revenue Share 51 3.3 Definition of Gross Revenue 51 3.4 Payment of Revenue Share . . .. .. 52 3.5 Records and Audit Rights 52 3.6 Minimum Annual Guarantee . .. 52 4.SECURITY AND DAMAGE DEPOSITS 52 4.1 Security Deposit 52 4.2 Use and Return of Security Deposit . . 53 5.USE OF PREMISES;OPERATIONS;BACKGROUND CHECKS ... . 53 5.1 Permitted Use. 53 5.2 Hours of Operation.... .... 53 5.3 Public Access 54 5.4 Community Programs .. 54 5.5 Compliance with Laws 54 5.6 Rules and Regulations 54 5 7 Staffing 54 5 8 Quality of Services 55 6.MAINTENANCE AND REPAIRS .... 57 6.1 Operator's Obligations . . 57 6.2 City's Obligations . .. _ . .57 6.3 Capital Improvements 58 7.UTILITIES AND SERVICES 58 7.1 Operator's Responsibility 58 7.2 Interruption of Services 58 8.PAYMENT OF TAXES AND OBLIGATIONS 58 8.1 Real Property and Business Taxes 58 8.2 Sales and Use Taxes 58 8.3 Other Obligations .. 59 9.INSURANCE 59 9.1 Operator's Insurance 59 9.2 City's Insurance 59 9.3 Policy Requirements 59 9.4 Certificates of Insurance .. 60 9.5 Waiver of Subrogation 60 9.6 Compliance with Florida Statutes .. 60 10.INDEMNIFICATION 60 11.ALTERATIONS AND IMPROVEMENTS . 60 11.1 Operator's Right to Make Alterations 61 11.2 Ownership of Improvements . 61 11.3 Removal of Improvements . 61 11.4 Trade Fixtures. . 61 City of Boynton Beach �` Purchasing Division 12.ASSIGNMENT AND SUBLETTING 61 12.1 Prohibition on Assignment and Subletting 61 12.2 Change of Control 61 12.3 No Release of Operator 61 13.DEFAULT AND REMEDIES 61 13.1 Operator's Default 62 13.2 City's Remedies 62 13.3 City's Default 62 13.4 Operator's Remedies 62 13.5 Mitigation of Damages 63 14.SURRENDER OF PREMISES . 63 14.1 Condition of Premises 63 14.2 Holdover 63 16.NOTICES . 63 16.REPORTING AND COMPLIANCE 64 16.1 Monthly Reports 64 16.2 Annual Reports 64 16.3 Public Records Compliance . 64 16.4 E-Verify Compliance 65 16.5 No Contingent Fees 65 16.6 Conflict of Interest 65 16.7 Non-Discrimination . 66 16.8 Compliance with Employment and Labor Laws .66 16.9 Scrutinized Companies .66 17.ADDITIONAL PROVISIONS .67 17.1 Competitive Bidding Acknowledgment 67 17.2 Bond Requirements ..68 17.3 Compliance with Section 255.05,Florida Statutes 68 17.4 Compliance with Section 287.0582,Florida Statutes 68 17.5 Local Business Preference 68 18.MISCELLANEOUS LEGAL PROVISIONS 68 18.1 Venue and Jurisdiction 68 18.2 Waiver of Jury Trial 68 18.3 Sovereign Immunity 68 18.4 Severability _ . .... 69 18.5 No Third-Party Beneficiaries .. 69 18.6 Entire Agreement . .. 69 18.7 Materiality and Waiver of Breach 69 18.8 Force Majeure 69 18.9 Counterparts 70 18.10 Time of Essence 70 18.11 Survival .... ... 70 18.12 Amendments 70 18.13 Headings .. 70 18.14 No Construction Against Drafter 70 18.15 No Lien .. 70 18.16 Independent Contractor .. .. . 71 18.17 Attorney's Fees 71 18.18 Representation of Authority . 71 v o. , City of Boynton Beach "���" Purchasing Division The City of Boynton Beach Procurement Services 100 E.Ocean Avenue Boynton Beach,FL 33435 P.O.Box 310 S Boynton Beach,Florida 33425-0310 ,P Telephone:(561)742-6310 0 Ne ADVERTISEMENT NOTICE TO PROPOSERS REQUEST FOR PROPOSALS RFP No: 25-051 R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) The e-procurement system shall receive Electronic Requests for Proposals (RFPs) up until May 29, 2025; No Later Than 3:00 P.M. (Local Time); unless specified otherwise, and may not be withdrawn within (120) Calendar days after such date and time. All RFPs received will be publicly opened and acknowledged electronically upon receipt by the City's e-procurement system. The e-procurement system does not permit RFPs received after the assigned date and time. For the above reasons, it is recommended that the proposer(s) allow sufficient time to complete their online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED PROPOSERS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. INTRODUCTION AND SCOPE OF REQUESTED SERVICES: The City of Boynton Beach is seeking proposals from qualified vendors to operate an on-site bait and tackle shop located at 2020 S Federal Hwy, Boynton Beach FL, 33435.The selected proposer or Operator will provide a fully stocked store catering to fishermen and boaters with essential supplies. This initiative aims to enhance the fishing and boating experience in the area while supporting a convenient retail location for last-minute needs. Revenue opportunities anticipated under this partnership include, but are not limited to: i. A base facility rental or lease fee ii. Revenue-sharing through gross monthly sales iii. Branded merchandise and product promotion iv. Strategic marketing and sponsorship collaborations v. Supply sales This is an exciting opportunity for a seasoned operator to bring a dynamic, creatively curated bait and tackle shop—fueled by entrepreneurial vision—to a facility poised to become a cornerstone of the Harvey E. Oyer Jr. Park Boat Ramp in Boynton Beach. Proposers must demonstrate at least two (2) years of experience operating a bait and tackle retail business and shall provide two years of verifiable financial documentation certified by a Certified RFP No.25-051R-Harvey E Oyer Jr Park Bat 8 Tackle Shop 1 (Operator Term Contract) m z City of Boynton Beach "Ta., Purchasing Division Public Accountant to establish a consistent and successful track record within the industry. PRE-PROPOSAL CONFERENCE: A NON-MANDATORY Pre-Proposal Conference and Site Visit Meeting is scheduled for may 13, 7025, at 10:30 AM, and will be held at the City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Immediately following the conference, there will be a site visit to tour the facility. All Proposers are strongly encouraged to visit the project site to gain a comprehensive understanding of the facility's scope, assess any site-specific requirements, and identify any special measurements that may be necessary for proposal preparation. A Pre-Proposal Conference and Site Visit will be held as scheduled in the solicitation timeline. This meeting will be recorded, and attendance is strongly recommended for all firms intending to submit a proposal. The purpose of the meeting is to provide a forum for discussing the proposed contract, reviewing the solicitation requirements, answering questions, outlining the qualifications requested, and offering instructions for submitting proposals. Additional relevant project information may also be addressed. Sealed Proposal Packages must be submitted electronically through the City's encrypted procurement management system, bids&tendersTM, no later than the date and time indicated in the solicitation. Late submissions will not be accepted under any circumstances. In the event of any dispute regarding the submission time, the system's timestamp shall prevail, and any uncertainty will be resolved in favor of the City. If discussions during the Pre-Proposal Conference, in the City's opinion, warrant any official changes to the solicitation documents, the City will issue an addendum as deemed appropriate. No oral statements or discussions during the meeting shall be considered binding or relied upon as official representations. All questions prior to the Pre-Proposal Conference must be submitted in writing through the City's e-procurement system by the deadline specified in the solicitation. To submit a question, use the "Submit a Question" button within the bids&tendersTM platform under the specific solicitation. LOBBYING I CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation at the advertisement of the Request for Proposal (RFP and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Operator or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Division Director or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract that violates the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre- proposal conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended RFP No 25-051R-Harvey E Oyer Jr Park Bait 8 Tackle Shop (Operator Term Contract) v�R (- 6 \ 2 City of Boynton Beach 0(7 Purchasing Division awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.071, sealed Proposal responses received by the City in response to a Request for Proposal are exempt from public records disclosure requirements until thirty (30) business days after the opening of the Proposals unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with a Request for Proposal, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Proposal response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Proposals or replies. CITY OF BOYNTON BEACH RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 3 (Operator Term Contract) Y°R City of Boynton Beach T°�°' Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION I — INSTRUCTIONS TO PROPOSERS — SUBMISSION REQUIREMENTS Procurement Definition: A Request for Proposal (RFP) is a procurement method where the City requests proposals to complete a project or enter a term contract. This methodology permits discussions with responsible offerors and revisions to proposals prior to the award of a contract. The Proposer's qualifications, experience, revenue-sharing proposal, and presentations with the short-listed firms will be factors in the evaluation. The City shall select the most advantageous proposal that best fits the City's needs. Proposals will be evaluated by an evaluation committee based on the criteria set forth in Section IV— Evaluation of Proposals. PURCHASING DIVISION Our Purpose: The City of Boynton Beach's Community Impact: Our local, state, and Purchasing Division is dedicated to fostering nationwide vendors are essential partners in our equitable and fair competition in our purpose and mission. We are dedicated to solicitations through a transparent collaborating with qualified, competitive vendors procurement process.We actively collaborate who share our commitment to quality, efficiency, with local vendors to ensure that every teamwork, and exceptional customer service. participant has an equal opportunity to secure A Message to our Vendors: government contracts. Our commitment to fairness and transparency is unwavering. Your work as a vendor is not just about delivering Our Mission Statement: We are unwavering in products and services. It's about enhancing the our commitment to promoting integrity, overall value of our services to our residents. We transparency, and fairness in every step of the expect high-quality products and efficient procurement process. This dedication is the services, delivered on time and as specified, to cornerstone of our mission. make a real difference in our community. Additionally, we anticipate that our vendors will We strive to maximize value for our community by collaborate with us as a team and maintain the fostering competitive opportunities for local highest standards of integrity in all interactions businesses, ensuring compliance with with the city's offices and departments. These are regulations, and delivering exceptional service to expectations and standards we hold all our our stakeholders. Through collaboration, vendors to. planning, and innovation, we aim to support the Diligence in fulfilling the requirements of this city's goals while enhancing the economic vitality solicitation will significantly enhance the overall of our region. quality of services delivered to our community. Key Goals: As guardians of the public trust, our The City seeks a firm that embodies these Purchasing Division is deeply committed to its principles in its work, and the successful purpose and mission. Upholding the values of candidates will be evaluated against the vision, integrity. efficiency, and quality service, we performance standards detailed in this strive to fulfill our commitments with unwavering solicitation. dedication. RFP No 25.051R-Harvey E Oyer Jr Park Bait&Tackle Shop 4 (Operator Term Contract) 1 0. 1/ \ z cM v City of Boynton Beach "T°"°`e Purchasing Division 1.0 DEFINITIONS Whenever the following terms appear in the RFP or Proposal, the intent and meaning shall be interpreted as follows: "Addenda" "Evaluation/Selection Committee" Written or graphic instruments issued before City Staff and/or outside Operator or subject matter opening solicitations that clarify, correct, or change experts who are assigned to evaluate the submitted the solicitation requirements or the contract proposals. document. "Interested parties" "Agreement" Firms or proposers interested in the solicitation and The written agreement between the City and the plan to eventually become proposers. Operator covering the scope of work to be "Notice to Proceed" performed, including other Contract Documents A written notice given by the City to the Operator attached to the Agreement and made a part thereof fixing the date on which the contract time will The words ''Agreement" and "Contract" are used commence to run and on which the Operator shall interchangeably. start to perform the Operator's obligations under the "City" or"Owner" Contract Documents. Such Notice is to be issued The City of Boynton Beach, Florida, a municipal by the project Contract Administrator. corporation of the State of Florida "Online e-procurement system" or "e- "Contract Administrator" procurement system" The Department's Director or some other employee The City of Boynton Beach's solicitation expressly designated as Contract Administrator in management system is"bids&tenders." writing by the Director, who is the representative of "Procurement Services" the City concerning the Contract Documents. The Procurement Division - Department of Finance "Contract Documents" of the City of Boynton Beach. The Contract Documents consist of this Agreement, "Proposer/Offeror/Responder" conditions of the contract(General, Supplementary, Any individual, firm, or corporation submitting a and other Conditions), drawings, specifications of proposal for this project, acting directly or through a this solicitation, all addenda issued prior to. all duly authorized representative. For the purpose of modifications issued after execution of this this solicitation,the terms"Offeror,""Proposer,"and Agreement, Notice of Award, Notice to Proceed, "Responder" are used interchangeably and have Certificate(s) of Insurance. Bonds and any the same meaning. additional modifications and supplements, Change "Request for Proposals (RFP)" Orders and Work directive changes issued on or A method of procurement permitting discussions after the effective date of the Contract. These with responsible offerors and revisions to proposals Contract Documents form the Agreement, and all prior to the award of a contract. are as fully a part of the Agreement if attached to "Sub-Operator" this Agreement or repeated therein. Any person, firm, entity, or organization, other than "Operator", the employees of the Operator, who contracts with The individual or firm that successfully receives the the Operator to furnish labor, or labor and materials, award for work to be completed as defined by this in connection with the work or services to the City, solicitation Also referred to as the Successful whether directly or indirectly, on behalf of the Proposer. Operator. "Defective" "Responsible Proposer" An adjective which, when modifying the Work, This means a person or firm capable of fully refers to Work that is unsatisfactory, faulty, or performing the requirements in the RFP and deficient, does not conform to the Contract agreement and having the tenacity, perseverance, Documents, or does not meet the requirements of experience, integrity, reliability, capacity, facilities, any inspection, reference standard. test, or equipment, and credit to ensure good faith approval referred to in the Contract Documents performance Effective Date of the Agreement "Responsive Proposer" The date indicated in the Agreement on which it This means a Person or firm who has submitted a becomes effective, but if no such date is indicated Proposal that conforms in all material respects to it means the date on which the Agreement is signed the requirements outlined in this RFP. and delivered by the last of the two parties to sign and deliver. RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 2 (Operator Term Contract) Ds �j: e T V City of Boynton Beach Mr0N o�Y Purchasing Division "Written Amendment" "Unit Price or Hourly Wage Work" A written amendment of the Contract Documents, Work to be paid for based on unit prices outlined signed by the City and the Operator on or after the within the RFP. Effective Date of the Agreement and typically "Project, Services, or Program" dealing with non-technical aspects rather than All matters that will be required to be done by the strictly work-related aspects of the Contract Operator in accordance with the Scope of Work, Documents. Terms and Conditions, and Special Provisions of this RFP. The following instructions are given to guide Proposers in adequately preparing their response. These directions have equal force and weight with the specifications, and strict compliance is required with all provisions. 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY Anytime the City releases a new solicitation, it will contain a suffix of one of the following types: B = Invitation for Bid (ITB) R= Request for Proposal (RFP) RL= Request for Letter of Interest(LOI) Q= Request for Qualifications (RFQ) RQ= Request for Quote (RFQ) This suffix will determine what type of solicitation the City will be procuring. The City reserves the right to add any additional solicitation types at any time. 1.2 PROCUREMENT DEFINITION FOR SOLICITATION Request for Proposal (RFP) is a procurement method in which the City requests proposals to complete a project or enter into a term contract. This methodology permits discussions with responsible offerors and revisions to proposals prior to the award of a contract. The Proposer's qualifications, experience, revenue-sharing proposal, and presentations with the short-listed firms will be factors in the evaluation. The City shall select the most advantageous proposal that best fits the City's needs Proposals will be evaluated by an evaluation committee based on the criteria set forth in Section IV— Evaluation of Proposals. 1.3 ONLINE E-PROCUREMENT SYSTEM—(bids&tenders) A. The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton- beach.bidsandtenders.net. B To obtain documents online, please visit Boynton-beach.bidsandtenders.net. C. Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. D. Proposers are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. E. For the above reasons, sufficient time is recommended to complete your RFP Submission and resolve any issues that may arise. The online e-procurement system's web clock shall determine the closing time and date. F. Proposers should contact bids&tenders support listed below at least twenty-four(24) hours prior to the closing time and date if they encounter any problems. RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 3 (Operator Term Contract) •�w p 1. v City of Boynton Beach "��041. Purchasing Division G. The e-procurement system will send a confirmation email to the Operator advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at supportbidsandtenders.net. 1.4 EXAMINATION OF CONTRACT DOCUMENTS A. Before submitting a Proposal, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if applicable) and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies. if any, in the Proposal Documents. B. The Offeror, by and through the submission of a Proposal, agrees that it shall be held responsible for having examined the facilities and equipment(if applicable), is familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully. 1.5 ELIGIBILITY OF PROPOSER To be eligible to participate in this RFP, the proposing firm or principals must demonstrate that they. or the principals assigned to the contract, have successfully provided services similar in magnitude as those specified in SECTION II. SCOPE OF WORK (SERVICES) of this solicitation to at least one city similar in size and complexity to the City of Boynton Beach or can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 1.6 QUALIFICATIONS OF PROPOSERS A. No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City. B. The City is not required to award any jobs to a Proposer, and, if awarded, the Contract "Operator" based solely on their lowest e-submission revenue generating a proposal. C. Awards will be based on past performance and quality of work in addition to the Operator's RFP response. D. If selected for a contract, all Operators must perform to the satisfaction of the City before being considered for award of additional contracts. E. Operator whose performance is unsatisfactory shall be subject to debarment or suspension. 1.7 PRE-PROPOSAL CONFERENCE The City will hold an in-person, non-mandatory pre-proposal conference for this project. The information regarding such a meeting will be noted on the 1St and 2nd page of this document. 1.s QUESTIONS AND ADDENDA ON THIS SOLICITATION From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. Since all addenda are available to Proposers through the City's e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Operator to have received ALL addenda issued. Proposers should check online at Boynton-beach bidsandtenders.net before submitting their proposal and until the proposal closing time and date in the event, to ensure no additional addenda are issued. RFP No 25-051R-Harvey E Oyer Jr Bait 8 Tackle Shop 4 (Operator Term Contract) 0Ypp = � City of Boynton Beach "rp„ Purchasing Division If a Proposer submits their proposal before the solicitation closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the proposal. The submittal status will change to an INCOMPLETE STATUS, and the Proposal will be withdrawn. The Proposer can view this status change in the"MY BIDS" section of the e-procurement system. A. The Proposer is solely responsible for creating any required adjustments to their Proposal, acknowledging the addenda, and ensuring the re-submitted Proposal is RECEIVED by the e-procurement System no later than the stated Proposal closing time and date B. The Proposer is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. C. All responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids&tenders. D. No verbal interpretations may be relied upon. E. Failure of any Proposer to receive any such addenda or interpretation shall not relieve any Proposer from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F Proposer shall acknowledge receipt of any addenda through the e-procurement system by checking a box for each addendum and any applicable attachment. G. It is the Proposer's responsibility to have received all issued addenda. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the solicitation closing time and date in the event additional addenda are issued. H. If any interested parties have received this RFP packet from a source other than bids&tenders directly and the Interested Party is not registered with bids&tenders, they must register with bids&tenders. No negotiations. decisions, or actions shall be initiated by the Proposer because of any discussions with a City employee. J. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from proposers submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. K. Late Submittal Responses are not permitted by the e-procurement system. L. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Proposer has obtained this solicitation from a third party, the responsibility is on the Proposer to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. M. All expenses for making submittal responses to the City are to be borne by the Proposer 1.9 MISTAKES WITHIN RFP Proposers are cautioned to examine all terms, conditions, specifications, scope of work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation Failure to examine all pertinent documents shall not entitle the Proposer to any relief from the conditions imposed in the Agreement and may lead to the rejection of a proposal. 1.10 SUBMISSION OF THE PROPOSAL A. The City's e-procurement solicitation system shall receive ELECTRONIC SOLICITATION SUBMISSIONS ONLY. B. Hardcopy submissions are not permitted. C. Electronic Request for Proposals for this solicitation shall be received by the City's e- procurement system no later than the time outlined on page#1 of this solicitation. D. Late responses are not permitted by the e-procurement system It shall be the sole responsibility of the Proposer to have their Request for Proposals submittal submitted online. E. All proposals shall be submitted in English. RFP No 25.051R-Harvey E Oyer Jr Bait&Tackle Shop 5 (Operator Term Contract) \, City of Boynton Beach "r��° Purchasing Division F. All prices, terms, and conditions proposed in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days after the closing of the RFP. 1.11 SOLICITATION FORMS A. The Proposer will submit a response to the solicitation (RFP) on the proposal submission forms provided. All proposal submissions prices, amounts. and descriptive information must be entered into the e-procurement system bids&tenders. B. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. C. The Proposer must be licensed to do business as an individual, partnership, or corporation in the State of Florida. D. All proposal submission forms should be executed and submitted for easy identification. Responses not submitted on the proposal submission forms may be rejected. E. All proposal submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. 1.12 EXECUTION OF SOLICITATION DOCUMENTS Proposal submissions to this solicitation must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 1.13 CAUSES FOR REJECTION No response will be canvassed, considered, or accepted which, in the opinion of the City's evaluation committee, is incomplete, informal, or unbalanced, or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify a response for all items called for in the schedule may render the proposal invalid. 1.14 REJECTION OF PROPOSALS A. The City reserves the right to reject any proposal if the evidence submitted by the Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer is appropriately qualified to carry out the obligations and to complete the work contemplated. B. Any or all proposals will be rejected if there is reason to believe that collusion exists among proposers. A proposal shall be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions, unauthorized alternates, or irregularities of any kind. C. The City reserves the right to reject any or all proposals, waive such technical errors,waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City. 1.15 WITHDRAWAL OF PROPOSALS Any Responder may, without prejudice to themself, withdraw its response at any time prior to the expiration of the time during which responses may be submitted. Such withdrawal request must be in writing and signed in the same manner and by the same person who signed the response through bids&tenders. After the expiration period for receiving responses, no proposal can be withdrawn. 1.16 NO SUBMITTAL A NO SUBMITTAL response can be submitted online through bids&tendersTt•1 the e-procurement system. 1.17 SOLICITATION DEADLINE The Proposer is responsible for ensuring that the proposal is submitted electronically by or at the proper time and date before the solicitation deadline. The e-procurement solicitation system does not permit late submission responses. RFP No 25-051R-Harvey E Oyer Jr Balt&Tackle Shop 5 (Operator Term Contract) m \ T p � v City of Boynton Beach lion 047 Purchasing Division 1.18 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP) The City reserves the right to the following: A. Reject any or all proposals. B. Reject or cancel any or all proposals during the procurement process. C. Reissue the solicitation. D. Extend the RFP deadline time and date. E. Procure any item by other means. F. Increase or decrease the quantity specified in the Request for Proposals (RFP). G. Consider and accept an alternate proposal as provided herein when most advantageous to the City. H Waive any defect, irregularity, or informality in any RFP procedure. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any proposal deemed to be the most responsive, responsible Proposer(s) representing the most advantageous submission to the City. J. In determining the "most advantageous proposal," price, quantifiable factors, and other factors are considered. Such factors include but are not limited to: a. Statement of Work b. Price Proposal c. Other factors contributing to the overall RFP outlined in SECTION IV — EVALUATION OF PROPOSALS. K Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Proposer's proposed service; ability to supply and provide service;delivery to required schedules;and past performances in other agreements with the City or other government entities. 1.19 PROTEST PROCEDURE Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Division Director. Purchasing, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5%of the submittal price or$5,000,whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows: A. If the protest relates to a Request for Proposal, it must be received before the solicitation submittal deadline date. B. If the protest relates to any other matter relating to the solicitation, including the intent to award of an agreement, the protest must be received no later than THREE (3) regular business days after the date of the intent to award notification of award by a member of the purchasing staff. Failure to file a protest as outlined in the City of Boynton Beach's Purchasing Policy shall constitute a waiver of proceedings. 1.20 MINIMUM STANDARDS REQUIRED BY THE CITY Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has the following: A. The appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements. B. A satisfactory record of performance. C. A satisfactory record of integrity. D. Qualified legally to contract within the State of Florida and the City of Boynton Beach. RFP No 25-051R—Harvey E Oyer Jr Bait&Tackle Shop Ooerato•Term Contract b = O V City of Boynton Beach 06' Purchasing Division E. Supplied all necessary information in connection with the inquiry concerning responsibility. 1.21 DISQUALIFICATION OF PROPOSER More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between proposers. Automatic disqualifiers are as follows: A. Not being licensed to perform the required work by the Proposer. B. Not being eligible to submit a proposal due to violations listed under"Public Entity Crimes." C. Not completing all required forms outlined in Section III 3.4 F. 1.22 INFORMATION AND DESCRIPTIVE LITERATURE The Proposer must furnish all information requested in the spaces provided on the proposal submission form. Further, as may be specified elsewhere, each Proposer may need to submit cuts, sketches, descriptive literature, and technical specifications covering the products or services offered for proposal evaluation. Reference to literature submitted with a previous submittal or on file with the City will not satisfy this provision. 1.23 INTERPRETATIONS To ensure fair consideration for all Proposers, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. If the Proposer would be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Proposer shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the "Submit a Question" button for this solicitation, no later than ten (10) calendar days prior to the solicitation deadline. 1.24 CERTIFICATIONS, LICENSES, AND PERMITS A. Unless otherwise directed by the City, the Proposer would provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Licensing Board in the name of the Proposer. B. If applicable, the Proposer shall also maintain a current Local Business Tax Receipt (Occupational License)for the County and all permits required to complete the contractual service at no additional cost to the City. C. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the Proposer to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City. D. It is the responsibility of the Proposer to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the Agreement, inclusive of any renewals. E Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. F. Failure to meet this requirement shall be considered a default of the Agreement. 1.25 SUB-CONSULTING A. If a Proposer utilizes sub-Proposer for any portion of the Agreement for any reason, the Proposer will state the name and address of the sub-Proposer and the name of the person to be contacted on the online form within the e-procurement system under "Schedule of Sub-Proposer" B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-Proposer is named and to make the award to the Proposer, who, in the opinion of the City. will be in the best interest of and/or most advantageous to the City. RFP No 25-051R—Harvey E Oyer Jr Bad&Tackle Shop 8 (Operator Term Contract) r OA O = O 4 City of Boynton Beach "*oN°` Purchasing Division C. The City also reserves the right to reject a submission of any Proposer if the solicitation names a sub-Proposer who has previously failed to perform an award properly or failed to deliver on-time contracts of a similar nature, or who cannot perform correctly under this award. D . The City reserves the right to inspect all facilities of any sub-Proposer to determine the foregoing. E. The sub-Proposer will be equally responsible for meeting all requirements specified in this Request for Proposals (RFP). F. Proposers are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing. 1.26 ESCALATOR CLAUSE Any proposal that is submitted subject to an escalator clause will be rejected. 1.27 EXCEPTIONS BY PROPOSER A. Incorporation in a proposal of exceptions to any portion(s)of the Contract Documents may invalidate the proposal. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS"which shall be attached to the proposal. B. Any exceptions taken to the terms and conditions of the solicitation or the City's Agreement shall be considered a part of the Proposer's solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived. Submission of any exceptions does not denote acceptance by the City. Furthermore,taking exceptions to the City's terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a Proposer's submittal. C. The use of the Proposer's standard forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract Documents. 1.28 TRADE SECRET Any language contained in the Proposer's proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is, in the City's opinion, a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City that the Proposer claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt.The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07.The City shall be the final arbiter of whether any information contained in the Proposer's proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 1.29 ANTI-KICKBACK AFFIDAVIT Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal RFP No 25-051R—Harvey E Oyer Jr Bait&Tackle Shop 9 (Operator Term Contract) •Y oe a = O U City of Boynton Beach "roN° Purchasing Division 1.30 CONFLICT OF INTEREST/GIFT POLICY The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. All Proposers shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer's firm or any of its branches. A. CONFLICT OF INTEREST: No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a Proposer considered for a City contract. In addition, the Proposer shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation. Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the proposer. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Proposer shall not have activities or relationships (a) causing the Proposer to be unable, or potentially unable. to render impartial assistance or advice to the City; (b) impairing the Proposer's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. 1.31 GIFT POLICY No Proposer who is a party to. or receives a benefit from, this Agreement shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. Further, no officer, employee,or agent of the City shall solicit or accept a gratuity,favor,or anything of monetary value from a Proposer who is a party to. or receives a benefit from, this Agreement. 1.32 CONFIRMATION OF MINORITY-OWNED BUSINESS It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms.Therefore, each Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.33 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications, or Requests for Letters of Interest, the solicitation shall include a criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. Local Preference shall not be applied when its application would result in an award that exceeds the otherwise lowest responsive, responsible Proposer by 5%or$5,000 whichever is lower. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification, or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Purchasing Division, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." RFP No'25-051R-Harvey E Oyer Jr Bait 8 Tackle Shop 1 C (Operator Term Contract) City of Boynton Beach Purchasing Division Respondents must include the Local Business Status Certification acknowledgement with their RFP submissions to be considered for a local business preference. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the proposal will be awarded the total 5 points allotted by each evaluation committee member. Firms not meeting the Preference requirements will receive zero points in this evaluation criterion. 1.34 AWARD OF AGREEMENT: A. Agreement(s) or purchase order(s) will be awarded by the City to the most qualified, responsive, responsible Proposer whose submission represents the most advantageous proposal to the City, the price of the proposal, and other factors considered. B. Proposals will be evaluated based on the evaluation factors and standards set forth herein. The City reserves the right to reject all proposals and waive technical errors as set forth herein C. In the event of a court challenge to an award by any Proposer, damages, if any, resulting from an award shall be limited to actual proposal preparation costs incurred by the challenging Proposer. Each party shall be responsible for its own attorney's fees and costs. D. In no case will the award be made until all necessary investigations have been made into the Proposer's responsibility and the City is satisfied that the most qualified, responsive, responsible Proposer is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the time specified. 1.35 SIGNING OF AGREEMENT: An Award Letter will be presented to the Proposer. Within ten (10) calendar days after the award letter is issued, the Proposer should sign and deliver the Agreement to the City with the required bonds(if applicable)and insurance certificates.After receiving and approving such documents, the Agreement would be executed within thirty (30) calendar days. The City intends to deliver a fully signed and executed Agreement to the Proposer. At times, a purchase order will be issued in lieu of a formal agreement. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP No 25-051R-Harvey E Oyer Jr Bait&Tackle Shop 11 (Operator Term Contract) •oe City of Boynton Beach °''o °'r Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION II — SCOPE OF WORK (SERVICES) — TERM CONTRACT 2.1 BACKGROUND The City of Boynton Beach is seeking proposals from qualified vendors to operate an on- site bait and tackle shop located at 2020 S Federal Hwy, Boynton Beach, FL, 33435. The selected proposer or Operator will provide a fully stocked store catering to fishermen and boaters with essential supplies. This initiative aims to enhance the fishing and boating experience in the area while supporting a convenient retail location for last-minute needs. 2.2 SCOPE OF SERVICES The City of Boynton Beach is soliciting proposals from qualified vendors to operate a full- service, onsite bait and tackle shop designed to meet the needs of the local fishing and boating community. The selected operator will provide a well-stocked retail space offering all essential products that fishermen and boaters may need, particularly those items frequently forgotten before heading out to sea. The Operator will be responsible for the utility and electric bill for the facility. A. Core Offerings Must Include: Frozen Bait: A reliable supply of commonly used frozen bait for both inshore and offshore fishing, including but not limited to ballyhoo, shrimp, squid, sardines, and mullet. ii. Tackle: A variety of tackle items such as hooks, sinkers, leaders, lures, and swivels to accommodate various fishing styles and preferences. iii. Accessories: A range of boating and personal-use accessories including hats, sunglasses, seasick pills, face buffs, towels, bottled water, and sodas. iv. Tools: Essential fishing tools including pliers, fillet knives, cutters, buckets, and gloves. v. Artificial Baits: An assortment of artificial lures including jigs, spoons, and other commonly used options. vi Grab-and-Go Food (Pending Approval): Pre-packaged meals or sandwiches, that are stamped with an expiration date, or similar food items, enabling early morning customers to conveniently grab a bite before heading out on the water. e Additional Feature: Ice Vending Machine Vendors should also include plans to install and maintain a 24-hour ice vending machine on the east side of the building. The machine must be accessible at all hours, offering both bulk and bagged ice to help customers preserve their catch and provisions. c Hours of Operation Proposed shall propose to the City the hours they would like to operate the bait and tackle shop, with the flexibility to adjust hours upon request by the City. ii. Special accommodations may be required for City-hosted events or holiday activities. Parking and Site Use The operation is expected to require no more than two (2) dedicated staff parking spaces. RFP No 25-051R-Harvey E Oyer Jr Bad 8 Tackle Shop 12 (Operator Term Contract) City of Boynton Beach ` Purchasing Division ii. Customers will typically pull up for brief visits to pick up supplies prior to launching their boats, minimizing the need for long-term parking or congestion near the ramp. 2.3 PICTURES OF THE FACILITY The building's structure is approximately 21 feet by 23 feet, and it contains one bathroom and one office. r ' I:\�y 4r -- — /`�.` NI,';_ 4 #mow>a,F,Ilk i. ` ', Y • V N - "'. • - K•r` M. 'i 'r f, , `+ tai .i',e ' f• 11 • (- '."* #. C hmilit O' - . ., J , It,/1- )am. % s .„ hi Air j% f RFP No 25-051R-Harvey E Oyer Jr Bait E.Tackle Shop 1' (Operator Term Contract) V 0A V City of Boynton Beach �"T�°`r Purchasing Division a" .I • 44 _ it-N ova. L —zJ-�� L�. • ' r { __ 11 !r' I • } as: mr - • . ..;5. - ..F _ .. _ . i. / ,, ----.....„,...... _.. . \- . 011# '' . ., -i H t ,f 4P * ....11' i Mk leil OrIpprillir-- -. .1 ___ -- h3: �. 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I. li i I I 't I' x i . yr — \ 4.0.;:, • I, N tg It /. l t RFP No 25.051R-Harvey E Oyer Jr Bart&Tackle Shop 22 (Operator Term Contract) Y pe r1 V City of Boynton Beach �>oN Purchasing Division TRANE • Alk,® • • 2.4 TERM OF CONTRACT The City will award this contract for a FIVE-YEAR (5) period and reserves the right to extend for an additional TWO (2) additional TWO-YEAR periods with City Approval required. 2.5 VISION The City of Boynton Beach envisions the on-site bait and tackle shop as a vibrant amenity that enhances the waterfront experience for residents and visitors alike. This retail offering will serve as a one-stop destination for fishing and boating essentials, supporting recreational and professional anglers while contributing to the City's goal of fostering a thriving, accessible, and service-oriented marina environment. Through this public-private partnership, the City aims to promote local economic development, elevate customer RFP No 25-051R-Harvey E Oyer Jr Bad 8 Tackle Shop 23 (Operator Term Contract) II TY OR 1- 0 \� 2 ti City of Boynton Beach T��0`c Purchasing Division convenience, and reinforce Boynton Beach's reputation as a premier coastal community, gateway to the Gulf Stream for outdoor and marine activities. 2.6 PROPOSER'S VISIONARY FIVE-YEAR PLAN Proposers are encouraged to articulate a forward-thinking five-year vision that aligns with the City's commitment to enhancing the marina experience. This plan should outline how the bait and tackle shop will evolve over time to meet the growing needs of the fishing and boating community. Proposers should consider long-term goals such as expanding product offerings, integrating new technologies for customer convenience, hosting educational or community events, and incorporating sustainable business practices. The vision should demonstrate a clear roadmap for continuous improvement, customer engagement, and partnership with the City to elevate the marina as a regional destination for recreational and marine activity. 2.7 FACILITY MANAGEMENT OPERATIONS The selected proposer shall be responsible for the daily management, cleanliness, and overall upkeep of the bait and tackle shop facility, including any outdoor vending components such as the ice machine. This includes maintaining organized and well- stocked displays, ensuring all equipment and fixtures are in safe working condition, and providing routine cleaning of both interior and exterior areas to maintain a professional and welcoming environment. Proposers must outline their plan for staffing, inventory control, safety procedures, and maintenance schedules. The facility must comply with all applicable health, safety, and building codes. The City reserves the right to inspect the premises at any time to ensure compliance with operational standards and the terms of the agreement. The Operator agrees to maintain the Havey Oyer Site in a clean, safe, and sanitary condition at all times that promotes a healthy and safe environment. 2.8 FACILITY UPGRADES Proposers are encouraged to include in their proposal any recommended facility upgrades that would enhance the functionality, aesthetics, and customer experience of the bait and tackle shop. These may include interior renovations, signage improvements, exterior enhancements, lighting upgrades, or the integration of energy-efficient systems. Any proposed improvements must align with the City's design standards and be pre- approved by the City prior to implementation. The proposer shall be responsible for the cost, permitting, and coordination of all approved upgrades unless otherwise negotiated. Proposed enhancements should demonstrate long-term value, improve operational efficiency, and contribute to the overall appeal of the marina environment. 2.9 FACILITY USE The selected proposer shall utilize the designated space solely for the purpose of operating a bait and tackle shop in support of the fishing and boating community. The facility is intended to serve as a convenient, customer-focused retail environment that provides essential products and services aligned with the scope outlined in this RFP. Any alternative or ancillary use of the facilities such as food service, vending, or hosting events—must receive prior written approval from the City of Boynton Beach. RFP No 25-051R-Harvey E Oyer Jr Bait&Tackle Shop 24 (Operator Term Contract) City of Boynton Beach Purchasing Division The proposer shall ensure that all operations remain consistent with the intended public benefit of the space, complementing the marina's overall function as a recreational and tourism asset. The contract agrees that no one can become a tenant of the property or be allowed to have sleeping quarters overnight at the facility. Operator agrees not to allow the facility to become vacant or unoccupied, which will be a violation and breach of contract. Operator agrees to use the facility only for lawful activities, not as a storage facility of any kind, and abides by all regulatory requirements of the City in reference to noise or detriment. No illegal activities shall be tolerated and shall be grounds for immediate breach and termination of the contract. The City reserves the right to inspect and review the property at any time to confirm compliance. 2.10 SECURITY OF FACILITY The Operator shall be responsible for implementing and maintaining adequate security measures to protect the facility, its inventory. equipment, and customers 365 days a year. This includes securing all entry points during non-operating hours, installing appropriate locks and alarm systems, and ensuring the premises are well-lit and monitored as necessary. Proposers are encouraged to outline their approach to safeguarding cash handling, employee protocols, and overnight storage of high-value items. The City shall not be held liable for any theft, loss, or damage to the proposer's property. All security protocols must comply with applicable laws and be reviewed and approved by the City prior to installation or implementation. Any events that threaten personal property, cause life safety issues for residents, or cause health hazards to the general public must be reported immediately to the City as an Incident Report. The Incident Report must include the following information: date and time of the event, ,the parties who were involved and a description of what happened and submitted to Craig Clark, Director of Recreation & Cultural Services (clarkc@bbfl.us) , Fabien Desrouleaux, Assistant Director of Recreation & Cultural Services and (RiskManagement@bbfl.us). The Operator shall keep a running list of all incidents and report on a monthly basis to the City's Recreation & Cultural Services. 2.11 FACILITY BRANDING AND MARKETING PROMOTION Operator must have written approval of all items sold and that will be branded or marketed with City logo symbols. Apparel items used for product promotions, marketable items will include all merchandise that is created for the facility marketing efforts and special events programs that will be held on the facility site, virtual or on the website. Operator agrees to provide a rate percentage of total gross sales of all products, endorsements, and merchandise to be paid on a monthly basis to the City as a part of revenue sharing expense. 2.12 GRANT RELATED CAPITAL IMPROVEMENT PROJECTS The Proposers agrees to work with the City on grant funded projects sponsored by the City for Capital Improvement Projects and to maintain compliance for audits and general record keeping, storage and reporting requirements as stated in the grant applications. RFP No 25-051R—Harvey E Oyer Jr Bait&Tackle Shop 25 (Operator Term Contract) •�w O = o u City of Boynton Beach •`r Purchasing Division The City will establish a shared revenue percentage based on the Statement of Work and funds available from the grant funding source. The Statement of Work will describe what resources and services are needed from the Operator. 2.13 MINIMUM QUALIFICATIONS OF PROPOSER Qualifications will only be considered from firms engaged in providing services as described in this RFP and who can provide evidence that they have established a satisfactory performance record in meeting the qualification requirements established in the RFP. Emphasis should be placed on the qualifications and experience of key personnel who will be directly involved in the work. Any sub-operator proposed for collaboration shall be identified. The responder should submit the following information with a statement of qualifications. The City will use this information, along with any other data, to determine whether the responder is qualified to provide the specified service and work. Proposers must meet the following minimum qualifications to be considered responsive: A Industry Experience: At least two (2)years of verifiable experience in operating a bait- and-tackle retail business or a similar marine-focused retail operation. B Financial Stability: Ability to provide recent financial statements or other verifiable documentation demonstrating the financial capacity to operate and sustain the business. c. Licensing and Compliance: Possession of all required local, state, and federal licenses, permits, and certifications necessary to operate a retail business in Florida, including those applicable to the sale of bait, food, beverages, and any vending machines. • Operational Capability: Demonstrated ability to maintain consistent hours of operation, manage inventory, provide exceptional customer service, and uphold facility cleanliness and safety standards. E Staffing Plan: Sufficient staffing resources to support daily operations,with staff trained in retail customer service, product knowledge, and general safety procedures. F Insurance Requirements: Ability to obtain and maintain all insurance coverage as required by the City, including general liability, property, and workers' compensation insurance. The Operator shall obtain product liability insurance and provide guidance on bait selection; therefore, they are required to maintain professional liability insurance. 2.14 EXPECTED TIMELINE BY THE CITY The City plans to award this contract by the Summer of 2025. The Proposer(s) shall act as an independent Operator and not as an employee of the City. 2.15 GENERAL The Operator(s) shall furnish all tools, materials, equipment, sub-Operator, labor, supervision, necessary to operate the bait and tackle shop. Operator to maintain and complete the assigned as outlined in the agreed-upon scope of work/services provided within this Request for Proposals. The City reserves the right to negotiate the Agreement's final terms, conditions, and pricing structure as may be in the City's best interest. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP No 25-051 R—Harvey E Oyer Jr Bad 8 Tackle Shop (Operator Term Contract) City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION III - SUBMISSION OF PROPOSALS 3.1 GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this RFP. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Operator and the particular staff to be assigned to this engagement. It should also specify an approach that meets or exceeds the RFP requirements. The Operator shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP expeditiously and economically, consistent with the City's needs. Additionally, the Operator will be required to demonstrate recent experience successfully completing services similar to those specified in this RFP. 3.2 CERTIFICATION AND LICENSES Proposers must include copies of all applicable certificates, licensing, and business permits related to the Work specified in the scope of work with their proposals. 3.3 DETAILED PROPOSAL Each of the Eleven (11) sections listed below shall be completed online through the e- procurement system. ALL PROPOSAL FORMS ARE TO BE COMPLETED ONLINE A. Letter of Interest A signed letter summarizing the proposer's interest in the opportunity and ability to meet the City's needs. ii. Include the primary point of contact's name, title, and contact information. B. Company Profile Legal business name, year established, ownership structure, and office location. ii. If the Principal place of business is different than the location specified in the Proposer's Qualification Statement, then the Operator shall specify the office location where each project will be managed and produced. iii. Summary of business operations and relevant history. iv. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. C. Proposer's Experience and Qualifications Description of management team and key personnel qualifications. ii. An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as "key contract members". iii. Provide resumes for all key project members outlining the relevant experience and education. iv. Identify the services that your Firm's staff would complete and those RFP No 25-051R-Harvey E Oyer Jr.Park Bait 8 Tackle Shop 2 (Operator Term Contract) Y oe a z City of Boynton Beach "ram�`p Purchasing Division provided by the sub-Operator, if any. v. Identify any sub-Operator you propose to utilize to supplement your Firm's staff. (Maximum of 4 pages) vi. Business and Marketing Plan Model vii. Proposer Outline of Investments, Development, and Future Expansion viii. Revenue Sharing Opportunities ix. (SEE SAMPLE CONTRACT FOR FURTHER IDEAS) D. Financial Documentation Proposer shall demonstrate financial stability and provide a statement of their financial stability, including information as to current or prior bankruptcy proceedings by providing a copy of the most recent audited annual financial statements prepared and certified by a CPA containing a balance sheet, an income statement, and a statement of cash flows. ii The financial statements requested will develop five financial analytical insights, which include the following: a) Working Capital - measures liquid assets that provide a safety cushion to creditors. b) Accounts Receivable — as a percentage of current assets, which will provide information about assets not yet received and therefore unavailable at the present time to be used as resources. c) Receivables to Current Assets - receivables as a percentage of current assets that would reveal the size of receivables in current assets and the opportunity cost associated with it. d) Long Term Debt - measurements representing the percentage of a corporation's assets that are financed with loans and financial obligations lasting more than one year. e) Cash Ratio- an indicator of a company's liquidity by measuring the amount of cash, cash equivalents or invested funds there are in current assets to cover current liabilities. E. Operational Plan Daily operations plan, including staffing, hours of operation, inventory management, and customer service protocols. ii Plan for maintaining cleanliness, safety, and compliance with local City codes. iii Proof of or commitment to obtain all required licenses and permits. iv Certificate of insurance or letter of insurability demonstrating ability to meet City insurance requirements. v Proposer shall demonstrate to the City the cash controls they will create to alleviate the potential of fraud. F. Product and Service Offerings A list of all bait, tackle, tools, accessories, food and beverage offerings, and any additional merchandise to be sold. ii Description of ice vending machine model, location, and maintenance plan. G. Visionary Five-Year Plan A forward-looking plan detailing goals for growth, service enhancements, community engagement, and potential facility upgrades. RFP No.25-051 R•Harvey E Oyer Jr Park Bait 8 Tackle Shop 28 (Operator Term Contract) Y 0O 6 ,I. 1 4 City of Boynton Beach `"-o.P`C Purchasing Division H. Facility Upgrades (Optional) i Any proposed physical or technological upgrades to enhance the appearance, functionality, or customer experience of the space. I. Submittal of General Information and Procurement Forms and Documents Procurement forms should be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. a. Proposers Qualification Statement— Upload Online b. Non-collusion Affidavit of Proposer— Upload Online c. E-Verify Form Under Section 448.095— Upload Online d. Certification Pursuant to Florida Statute § 287.135 - Upload Online e. Anti-Kickback Affidavit— Upload Online f. Affidavit of Compliance with Foreign Entity Laws- Upload Online g. Affidavit of Compliance with Anti-Human Trafficking Laws- Upload Online h. Copy of Proposers W9 - Upload Online i. Proposer Acknowledgement— Online Acknowledgement j. Addenda Acknowledgement— Online Acknowledgement k. Confirmation of Minority-Owned Business - Online Form I. Confirmation of Drug-Free Workplace - Online Acknowledgement m. Palm Beach Inspector General- Online Acknowledgement n. Local Business Certification - Supplier Must Present a copy of Certification. o. Statement of non-submittal(if applicable) - Online Form p. Schedule of Sub-Operator— Input list, if applicable. q. Submit current Florida Professional License(s), including evidence of possession of required licenses— Upload Online r. Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form as an attachment. — Upload Online s. Submit any Supplemental information relative to this RFP— Upload Online J. References — Past Performance - Completed Online i Minimum of three(3) business references in the past ten years with contact information, including the following: a. Address b. Contact Name, Email Address c. Telephone Number ii Include a brief summary of the relationship and services provided. The City is interested in learning about other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City, or their designee, will be contacting them for information. Selection Committee Members or designee may email or call each reference up to three (3) times. If there is no answer after the third attempt. the City may apply no points for that project experience. K. Proposed Revenue Sheet is a separate document where Proposers will input the proposed revenue share for this contract. Completed through bids&tenders. RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop ... (Operator Term Contract) °O lr� City of Boynton Beach °`r Purchasing Division RFP No: 25-051 R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION IV - EVALUATION OF PROPOSALS 4.1 EVALUATION METHOD AND CRITERIA The City's Purchasing Division Agent or Designee will conduct a preliminary evaluation of each Proposal through the City's electronic e-procurement system, Boynton- beach.bidsandtenders.net. This evaluation determines if the Proposal is responsive to the submission requirements as outlined in this solicitation based on the information provided about your firm. A responsive Proposal follows the solicitation requirements, includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non-responsive. The City will assemble an Evaluation and Selection Committee, herein referred to as "Selection Committee," comprised of City staff and an outside Proposer(s), if deemed necessary. The Selection Committee may utilize the City's e-procurement system to electronically evaluate all submittals based on the information provided and criteria as set forth in this solicitation. The City's Selection Committee will act in what they consider to be the best interest of the City and its residents. Proposed Revenue shall not be the sole determining factor for selection. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive, which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP. The criteria provided below is provided to assist the Proposer in the allocation of their time and efforts during the submission process. These criteria serve as the evaluation framework used by the Evaluation Committee during both the scoring and, if applicable, the shortlisting process. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY REP No 25-051R-Harvey E Oyer Jr Park Bait P.Tackle Shop 30 (Operator Term Contract) Y OR I'1 O \ _ City of Boynton Beach M1tON Purchasing Division Evaluation Criteria Table No. Evaluation Criteria Description Max Weight Points (/a) TECHNICAL STAGE Demonstrated experience (minimum of 2 Experience, years) in operating a bait and tackle or 1 Qualifications, and similar retail business. Includes review of 0-20 25% Financial Stability financial documentation illustrating business stability. Quality and feasibility of the daily operational approach, including staffing, hours of 2 Operational Plan operation, inventory management, facility 0-20 15% maintenance, and compliance with City requirements. OFFERING TO THE PUBLIC Relevance and diversity of bait, tackle, 3 Inventory and accessories, tools, vending, and food 0-20 15% Service Offering offerings as well as the financial stability to meet customer needs. 4 Implementation Realism and readiness of the proposed 0-20 5% Timeline timeline to launch and sustain operations. PROPOSED REVENUE TO CITY 5 Proposed Monthly Monthly lease amount submitted with the 15% Lease Payment proposal. Proposed Monthly percentage of gross sales offered 15% 6 Percentage of to the City. Gross Sales PREVIOUS REFERENCES Strength and relevance of references, 7 References particularly from municipal or similarly 0-20 5% scaled operations. LOCAL BUSINESS PREFERENCE Local Business Proposer is a registered business with a 8 physical address in the City of Boynton 0 or 5 5% Preference Beach. Documentation must be provided. p to Total —Written Proposal U 45 100% Presentations (If Presentations to be evaluated separately by 9 Requested) the Evaluation Committee if deemed 0-25 25% necessary. Local Business Preference In accordance with City of Boynton Beach Administrative Policy No. 10.16.01, a local business preference of five percentage points (5%) of the total evaluation score shall be applied for businesses located within the City of Boynton Beach. To receive this preference: RFP No 25-051R-Harvey E Oyer Jr Park Bat&Tackle Shop 31 (Operator Term Contract) G� z City of Boynton Beach "r°�tl`� Purchasing Division • Respondents must submit the Local Business Status Certification Form with their proposal. • Failure to submit this form at the time of submittal will result in zero (0) points awarded for this criterion. • Qualifying firms will receive 5 points from each Evaluation Committee member. • Firms not meeting the requirements will receive zero (0) points. Note: This preference is not applicable where prohibited by local, state, or federal grant funding. Scoring Formula — Proposed Monthly Lease Payment Scoring for the lease payment will be calculated proportionally: Score = (P / P_max) x Score_max Where: • P = Proposer's monthly lease amount • P_max = Highest lease amount among all proposals • Score_max = Maximum points for this criterion (e.g., 20 points) Sere — pli x Scoremax 1a Example (Score_max = 20): • Proposal A: $10,000 -* (10,000/ 10,000) x 20= 20 points • Proposal B: $8,000 (8,000/ 10,000) x 20 = 16 points • Proposal C: $5,000 — (5,000/ 10,000) x 20 = 10 points Scoring Formula— Proposed Percentage of Gross Sales Scoring for revenue share will be based on the percentage of gross revenue offered: Score = (P I P_max) x Score_max Where: • P = Proposer's percentage offered • P_max = Highest percentage among all proposals • Score_max = Maximum points for this criterion (e.g., 20 points) Example (Score_max = 20): Score — (Pmax)P x Score • Proposal A: 15% — (15/ 15) x 20= 20 points • Proposal B: 12% (12 / 15) x 20 = 16 points • Proposal C: 10% (10/ 15) x 20 = 13.3 points Presentations (If Required) If presentations are requested: • Each shortlisted proposer may be asked to present to the Evaluation Committee. • Presentations will be scored from 0 to 25 points, weighted at 25% of the overall evaluation. • The Committee may choose to waive presentations if a clear top-ranked proposer is evident from the written responses. RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 32 (Operator Term Centred) Y DA City of Boynton Beach 04 Purchasing Division 4.2 EVALUATION CRITERIA SCORING Each Evaluation Committee Member shall assign a score from 0 to 20 for each criterion based on their individual assessment of the Proposer's response. The following qualitative guidelines are intended to standardize scoring and ensure consistent evaluations across committee members: 18-20 —Outstanding Response A highly comprehensive and exceptional submission that exceeds all stated requirements. The proposal is detailed, insightful, and demonstrates authoritative expertise. It may include innovative recommendations or value-added elements not specifically requested but beneficial to the City. 15-17 — Excellent Response A well-developed and thoughtful response that fully meets all RFP requirements. The proposal reflects strong experience, understanding, and preparedness relevant to the category, and offers meaningful insights. 11-14—Good Response A solid and complete submission that meets all requirements. The response is clear, logical, and demonstrates a good grasp of the subject matter, with no significant weaknesses. 6-10 — Fair Response An adequate submission that meets the basic expectations but lacks depth or detail. While complaint, the proposal provides limited insight or added value and reflects only a moderate understanding of the subject. 1-5— Inadequate Response A minimal or insufficient response that barely meets the criteria. The proposal lacks clarity, completeness, and understanding of the RFP requirements. 0 — Failed or No Response The proposer failed to address the evaluation criterion or did not provide a response at all. 4.3 ORDINAL RANKING The Evaluation Committee may decide collectively to exercise the option of Ordinal Ranking, in which evaluators rank proposals from best to least favorable based on overall quality, innovation, and feasibility. If ordinal ranking is used, the following criteria will apply: • The highest-ranked vendor will be recommended for the contract award. • The City would negotiate with the top-ranked proposer(s)to finalize contract details before presenting the final contract to the City Commission for approval. 4.4 ADDITIONAL CLARIFICATION The City reserves the right to seek clarification from any or all Proposers if the information received during the evaluation process requires further explanation. Clarifications may be requested either before or after shortlisting, depending on what the Evaluation Committee determines to be in the best interest of the City. 4.5 BEST AND FINAL OFFER A process requested from one Proposer or short-listed proposers for their best price(s) for a specific solicitation before determining a contract award. This shall be at the discretion of the Evaluation Committee. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions. RFP No 25-051R-Harvey E Oyer Jr Park Bait 8 Tackle Shop 3"3 (Operator Term Contract) QTY Oc G City of Boynton Beach �ra�tl Purchasing Division The City reserves the right to request Best and Final Offers from any or all Proposers if it is determined that further revisions to the proposal. including the proposed price, are necessary. 4.6 SELECTION PROCESS A. An Evaluation Committee consisting of the City's staff members, and may include outside Consultant as deemed necessary, will review each written submission to ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFP. B. This weighted criterion is the evaluation framework the Evaluation Committee uses during the shortlist and scoring process. C. The Evaluation Committee review of proposals meeting will be scheduled and publicly noticed and is open to anyone who wants to attend. All Evaluation Committee members' scores may be electronically opened and read aloud for discussion among the Evaluation Committee members. D. The Evaluation Committee may, at its sole discretion, request discussions or interviews or require presentations, additional information, or clarification of any information submitted by Respondent(s). E. The Evaluation Committee may establish equal time limits for all firms as necessary to facilitate its evaluation. If conducted and after the completion of the discussions, interviews, or presentations, the Committee will utilize the presentation points outlined above. F. After the final rankings are determined, City staff or the Evaluation Committee will initiate negotiations with the top-ranked firm. Once an acceptable contract is finalized, which may include a Best and Final Offer, the agenda item with the final contract will be presented to the City Commission for final approval. G. After approval by the City Commission, the City Representative authorized to execute contracts will execute an Agreement(s) based on the attached draft contract developed from this Request for Proposals (RFP). H. The City reserves the right to include additional provisions if the inclusion is in the City's best interest, as determined solely by the City. I. CONTACT WITH ANY PERSONNEL OF THE CITY OF BOYNTON BEACH OTHER THAN THE PROCUREMENT REPRESENTATIVE DURING THE SOLICITATION, EVALUATION, AND AWARD PROCESS REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP No 25-051R-Harvey E Oyer Jr Park Balt 8 Tackle Shop 34 (Operator Term Contract) Y 0! l I� O \ _ O ) � City of Boynton Beach TSN Purchasing Division osc v o firm or employees from any other firm who will be submitting a proposal on the same project. = 5.3 LEGAL CONDITIONS 0` ,1 _ _PU ti w Proposers are notified to familiarize To N themselves with the provisions of the law of the State of Florida relating to the hours of RFP No: 25-051 R - Harvey E. labor on municipal work and with the provisions of the laws of the State of Florida Oyer Jr. Park Bait & Tackle and the Charter and Ordinances of the City of Shop (Operator Term Contract) Boynton Beach 5.4 CONFLICT OF INTEREST SECTION V— STANDARD GENERAL The award is subject to all conflict-of-interest TERMS AND PROVISIONS provisions of the City of Boynton Beach, Palm Beach County,of the State of Florida. Unless otherwise agreed to by the City of Boynton 5.5 ADDITIONAL HOURS QUANTITIES Beach ("City"). the following Standard Terms and The City reserves the right to acquire additional Conditions are applicable to this solicitation and the hours or quantities of the requested proposal resulting Agreement. The term "vendor," as used below, may collectively apply to vendors, bidders, services at the prices proposal in this solicitation. proposers, Consultant. Proposer, sub proposers, and If additional quantities are not acceptable, the sub-operator. price proposal sheets must be noted: "PROPOSAL IS FOR SPECIFIED 5.1 FAMILIARITY AND COMPLIANCE WITH QUANTITY ONLY". LAWS,CODES AND REGULATIONS: 5.6 DISPUTES Before submitting a proposal to this RFP, proposers shall comply with all federal, state, In case of any doubt or difference of opinion as to and local laws, ordinances, and regulations the items to be furnished hereunder,the decision applicable to the services contemplated of the City Manager shall be final and binding on herein,including those applicable to conflict of both parties. interest and collusion 5.7 LEGAL REQUIREMENTS: Proposers must familiarize themselves with Proposer shall comply with all Federal, State, all federal, state, and local laws, ordinances. County, and City laws, ordinances, rules, and codes. and regulations that may in any way regulations that in any manner affect the items affect the goods/services offered and any covered herein apply. Lack of knowledge by the other applicable federal requirements now in PROPOSER will in no way be a cause for relief effect or imposed in the future. Lack of from responsibility. knowledge by the Proposer shall not be a 5.8 ON PUBLIC ENTITY CRIMES cause for relief from responsibility All Request for Proposals as defined by Section 5.2 NON-COLLUSION 287.012(11), Florida Statutes, requests for Proposer shall not collude, conspire.connive, proposals as defined by Section 287.012(16), or agree. directly or indirectly, with any other Florida Statutes, and any contract document proposer,firm.or person to submit a collusive described by Section 287.058, Florida Statutes, or sham response in connection with the work shall contain a statement informing persons of the for which the response has been submitted or provisions of paragraph(2)(a)of Section 287.133, to refrain from responding in connection with Florida Statutes,which reads as follows: such work or have in any manner, directly or indirectly, sought by a person to fix the price "A person or affiliate who has been placed on or prices in the proposal submission form or the convicted vendor list following a of any other proposer, or to fix any overhead conviction for public entity crime may not profit, or cost elements of the proposal price submit a proposal on a contract or provide of any other responder, or to secure through any goods or services to a public entity, may any collusion, conspiracy, connivance, or not submit a proposal on a contract with a unlawful agreement any advantage against public entity for the construction or repair of a any other proposer. or any person interested public building or public work,may not submit in the proposed work. The Proposer certifies proposals on leases of real property to a there has been no collusion with any other public entity, may not be awarded or perform work as a PROPOSER, supplier, Sub RFP No 25-051 R-Harvey E Oyer Jr Park Bait&Tackle Shop 35 (Operator Term Contract) City of Boynton Beach 4110 Purchasing Division PROPOSER, vendor, or Proposer under a governmental agency to participate in the contract with any public entity, and may not Agreement under the same prices, terms, and transact business with any public entity in conditions if agreed to by both parties. excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a It is understood that at no time will any city, period of 36 months from the date of being county,municipality,or other agency be obligated placed on the convicted vendor list". to place an order for any other city, county, 5 9 FEDERAL AND STATE TAX: municipality,or agency,nor will any city,county municipality,or agency be obligated for any bills The City of Boynton Beach is exempt from incurred by any other city,county, municipality, Federal and State taxes. or agency. 5.10 PURCHASE ORDER REQUIRED: Further, it is understood that each agency will The City will not accept any goods delivered or issue its own purchase order or contract to the services performed unless a duly authorized awarded Proposer(s). purchase order has been issued for said goods 5.14 VENUE AND GOVERNING LAW: and/or services.The purchase order number must appear on all invoices, packing slips, and all Any and all legal actions arising from or necessary correspondence concerning the order. to enforce this solicitation and resulting s.l l COMPLIANCE WITH OCCUPATIONAL Agreement will be held exclusively in Palm Beach SAFETY AND HEALTH: County and shall be interpreted according to the laws of Florida. The Proposer certifies that all material,equipment, 5.15 NON-DISCRIMINATION&EQUAL etc.,contained in this proposal meets all O.S.H.A. OPPORTUNITY EMPLOYMENT requirements. Proposer further certifies that if awarded as the Proposer, and the material A. The City is committed to assuring equal equipment,etc.delivered,is subsequently found to opportunity in awarding be deficient in any O.S.H.A.requirement in effect orders/contracts and complies with all on the date of delivery,all costs necessary to bring laws prohibiting discrimination. the materials, equipment, etc., into compliance B During the performance of the with the aforementioned requirements shall be Agreement, the Operator and its sub- borne by the Proposer. Proposer shall not discriminate against any employee or applicant for Proposer certifies that all employees, Sub employment because of race,color,sex, Proposers, agents, etc. shall comply with all including pregnancy, religion, age, O.S.H.A. and State safety regulations and national origin,ancestry,marital status, requirements. political affiliation, familial status, s tZ PALM BEACH COUNTY INSPECTOR sexual orientation, gender identity, GENERAL: expression,or disability if qualified. C. The Proposer will take affirmative The Proposer and, if awarded Proposer, is aware action to ensure that employees and that the Inspector General of Palm Beach County those of its sub-Proposer are treated has the authority to investigate and audit matters during employment, without regard to relating to the negotiation and performance of any their race, color, sex, including Agreement resulting from this solicitation and,in pregnancy, religion, age, national furtherance thereof, may demand and obtain origin,ancestry,marital status,political records and testimony from the Proposer and its affiliation, familial status, sexual sub-Proposer and lower-tier sub-Proposer. orientation,gender identity,expression, or disability if qualified. The Proposer understands and agrees that in D. Such actions must include, but not be addition to all other remedies and consequences limited to, the following: employment, provided by law,the failure of the Proposer or its promotion; demotion or transfer; sub-Proposer or lower-tier sub-Proposer to fully recruitment or recruitment advertising, cooperate with the Inspector General when layoff or termination; rates of pay or requested may be deemed by the municipality to other forms of compensation; and be a material breach of this Agreement justifying selection for training, including its termination. apprenticeship. E. The Proposer and its sub-Proposer shall 5.13 OTHER AGENCIES agree to post in conspicuous places, Any Agreement(s) resulting from this RFP and available to its employees and from this submitted proposal may, upon mutual applicants for employment,notices to be agreement, permit any municipality or other provided by the contracting officer RFP No 25-051 R-Harvey E Oyer Jr Park Bait&Tackle Shop 38 (Operator Term Contract) 1 f. O \ i O ) City of Boynton Beach 'Oe c` Purchasing Division setting forth the provisions of this award of contract to the Proposer. Further, any nondiscrimination clause. contract entered into in violation of the cone of 1'. The Proposer further agrees that they silence shall render the transaction voidable. will ensure that all sub-Proposer,if any, will be made aware of and will comply The cone of silence shall not apply to oral with this nondiscrimination clause. communications at any public proceeding, G. The Proposer understands and agrees including pre-proposal conferences, oral that a material violation of this section presentations before Selection Committees, shall be considered a material breach of contract negotiations during any public meeting, this solicitation and the resulting presentations made to the City Commission, and agreement/contract and may result in protest hearings.Further,the cone of silence shall termination of the agreement/contract, not apply to contract negotiations between any disqualification, or debarment of the employee and the intended awardee,any dispute company from participating in City resolution process following the filing of a protest contracts,or other sanctions. between the person filing the protest and any 5.16 INDEPENDENT PROPOSER employee, or any written correspondence with RELATIONSHIP: Boynton Beach as may be permitted by competitive solicitation.Additionally,the cone of The Proposer and, if awarded Operator, is, and silence shall not apply to any purchases made in shall be,in the performance of all work,services, an amount less than the competitive solicitation and activities under this solicitation and the threshold set forth in the Purchasing Manual. resulting Agreement,an independent Operator and not an employee or agent of the City.All persons s 19 LEGAL EXPENSES: engaged in any of the work or services performed The City shall not be liable to an OPERATOR for pursuant to the Agreement shall,at all times and any legal fees,court costs,or other legal expenses • in all places, be subject to the Operator's sole arising from the interpretation or enforcement of direction, supervision,and control.The Operator the Agreement,or any other matter generated by shall exercise control over the means and manner or relating to the Agreement. in which it and its employees perform the work, and in all respects,the Operator's relationship,and 5.20 NO THIRD-PARTY BENEFICIARIES: the relationship of its employees,to the City shall be that of an independent Operator and not as No provision of this RFP or agreement/contract to employees or agents of the City. follow with Operator is intended to, or shall be construed to,create any third-party beneficiary or 5.17 OMISSION OF DETAILS to provide any rights to any person or entity not a party to the agreement/contract,including but not Omission of any essential details from the terms or limited to any citizen or employees of the City specifications contained herein will not relieve the and/or Proposer. responding Firm of supplying such product(s)or service as specified. 5.21 DIRECT OWNER PURCHASES: 5.18 LOBBYING-CONE OF SILENCE: The City reserves the right to issue purchase orders for materials to either the Consistent with the requirements of Chapter 2, PROPOSER/OperatorNendor or the City's Article VIII, Lobbyist Registration, of the Palm suppliers for contracts/construction/public works- Beach County Code of Ordinances, Boynton related materials when deemed in the City's best Beach imposes a Cone of Silence. A cone of interest. silence shall be imposed upon each competitive solicitation as of the deadline to submit the 5.22 SCRUTINIZED COMPANIES: proposal, or other response and shall remain in By submission of a proposal for this effect until the City Commission awards or solicitation. Operator, its principals, or approves a contract, rejects all responses, or owners, certify that they are not listed on the otherwise takes action that ends the solicitation Scrutinized Companies that Boycott Israel process.While the cone of silence is in effect,no List, Scrutinized Companies with Activities in Operator or its agent shall directly or indirectly Sudan List, Scrutinized Companies with communicate with any member of City Activities in the Iran Terrorism Energy Sector Commission or their staff, the Manager, any List,or is engaged in business operations with employee of Boynton Beach authorized to act on Syria. In accordance with Section 287.135. behalf of Boynton Beach in relation to the award Florida Statutes, as amended. a company is of a particular contract or member of the Selection ineligible to,and may not. bid on,submit a bid Committee in reference to the solicitation,with the for, or enter into or renew a contract with any exception of the Purchasing Manager or designee. agency or local governmental entity for goods (Section 2-355 of the Palm Beach County Code of or services of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for the RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 37 (Operator Term Contract) a City of Boynton Beach it Purchasing Division Any amount of, at the time bidding on, 5.26 AGREEMENT submitting a bid for, or entering into or renewing such Agreement,the company is on Operator agrees that by submitting a proposal that the Scrutinized Companies that Boycott Israel is accepted by the City of Boynton Beach, a List, created pursuant to Section 215 4725, binding Agreement is formed in accordance with the City's terms,conditions,and specifications as Florida Statutes,or is engaged in a boycott of set forth in the purchase order unless otherwise Israel, or agreed by the City and the Proposer.The Operator One million dollars or more if, at the time of certifies that the proposal has been made by an bidding on, submitting a bid for, or entering officer or employee having the authority to bind into or renewing such Contract,the company: the Proposer. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized 5.27 ENDORSEMENTS Companies with Activities in the Iran Terrorism Energy Sector List, created No endorsements by the City of the goods and/or pursuant to Section 215.473,Florida Statutes, services will be used by the Operator in any way, or is engaged in business operations in Syria manner,or form. 5.23 DISCRIMINATORY VENDOR LIST 5.28 DRUG-FREE WORKPLACE An entity or affiliate who has been placed on the The Operator shall implement and maintain a discriminatory vendor list may not: obtain an drug-free workplace program of at least the agreement/contract to provide goods or services to following items: a public entity; construct or repair of a public A. Publish a statement notifying building or public work; lease real property to a employees that the unlawful public entity;award or perform work as a vendor, manufacture, distribution, supplier,or vendor under agreement/contract with dispensing, possession, or use of a any public entity; nor transact business with any controlled substance is prohibited in public entity. The Florida Department of the workplace and specifying the Management Services is responsible for actions that will be taken against maintaining the discriminatory vendor list and employees for violations of such intends to post the list on its website. Questions prohibition regarding the discriminatory vendor list may be B Inform employees about the directed to the Florida Department of dangers of drug abuse in the Management Services, Office of Supplier workplace, the Proposer's policy of Diversity at 4 5. maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 5.24 NON-EXCLUSIVE assistance programs, and the As may be applicable, the City reserves the right penalties that may be imposed upon vmployees for drug abuse to acquire some or all of these goods and services vithrough a State of Florida contract pursuant to the Golations. City's Procurement Policy, provided the State of C. providingve each employee engagedtre under in Florida contract offers a lower price for the same contractthe services that aremea goods and services. This reservation applies both cea copy afbove.the statement specified in Item A above. to the initial award of this solicitation and to D. In the statement specified in Item A acquisition after an agreement/contract may be awarded. above, notify the employees that, as a condition of providing the services that are under contract, the Additionally,the City reserves the right to award employee will abide by the terms of other agreements for goods and services falling the statement and will notify the within the scope of this solicitation and resultant Operator of any conviction of,or plea Agreement when the specifications differ from of guilty or nob contendere to, any this solicitation or resultant Agreement, or for violation of Chapter 893, Florida goods and services specified in this solicitation Statutes, or of any controlled when the scope substantially differs from this substance law of the United States solicitation or resultant Agreement. or any state,for a violation occurring in the workplace no later than five(5) 5.25 BUSINESS INFORMATION calendar days after such conviction or plea If a proposing firm is a Joint Venture for the E. Impose a sanction on or require goods/services described herein,the Operator all, satisfactory participation in a drug upon request of the City, provide a copy of the abuse assistance or rehabilitation Joint Venture Agreement signed by all parties. program, if such is available in the employee's community, for any RFP No 25-051R-Harvey E.Oyer Jr.Park Bait&Tackle Shop 38 (Operator Term Contract) Y OF % \ 2 City of Boynton Beach ">opi Purchasing Division employee who is so convicted or so ;.33 PUBLIC RECORDS pleads. F. Make a good faith effort to continue Sealed documents received by the City in response to maintain a drug-free workplace to a Request for Proposals are exempt from public through the implementation of records disclosure until thirty (30)calendar days Section 287 087, Florida Statutes after the opening of the RFP unless the City announces intent to award sooner, in accordance 5.29 PROHIBITED TELECOMMUNICATIONS with Florida Statutes 119.071. EQUIPMENT Operator represents and certifies that Operator, The Operator agrees that copies of any and all and all Sub-Operator do not use any equipment, property, work product, documentation, reports, system, or service that uses covered computer systems and software, schedules, telecommunications equipment or services as a graphs, outlines, books, manuals, logs, files, substantial or essential component of any system deliverables, photographs, videos, tape or as critical technology as part of any system,as recordings, or data relating to the Agreement which have been created as a part of the vendor's such terms are used in 48 CFR §§ 52.204-24 services or authorized by the City as a through 52.204-26. Operator represents and reimbursable expense,whether generated directly certifies that Operator,and all Sub-Operator shall by the Operator, or by or in conjunction or not provide or use such covered consultation with any other party whether or not a telecommunications equipment, system, or party to the Agreement,whether or not in privity services during the Term. of contract with the City or the Operator, and 5.30 PROHIBITION AGAINST CONSIDERING wherever located shall be the property of the City. SOCIAL,POLITICAL,OR IDEOLOGICAL Any material submitted in response to this INTERESTS IN GOVERNMENT solicitation is considered a public document in CONTRACTING accordance with Section 119.07, F.S. All Proposers are hereby notified of the provisions of submitted information that the responding section 287.05701, Florida Statutes,as amended, Operator believes to be confidential and that the City will not request documentation of or exempt from disclosure(i.e.,a trade secret or consider a Proposer's social, political, or as provided for in Section 119 07, Chapter ideological interests when determining if the 688, and Section 812.081, F.S.) must be Operator is a responsible Operator. Proposers are specifically identified as such.Upon receipt of further notified that the City's governing body may a public records request for such information, not give preference to an Operator based on the a determination will be made as to whether Proposer's social, political, or ideological the identified information is, in fact, interests. confidential. 5.31 RIGHTS IN DATA The City is a public agency subject to Chapter 119, Except if otherwise agreed to in writing,the City Florida Statutes. The Operator shall comply with shall have exclusive ownership of,all proprietary Florida's Public Records Law. Specifically, the interest in, and the right to full and exclusive Operator shall: possession of all information, materials, and documents discovered or produced by A. Keep and maintain public records OPERATOR pursuant to the terms of this required by the City to perform the solicitation, including but not limited to reports, service' memoranda or letters concerning the research and B. Upon request from the City's custodian reporting tasks required. of public records,provide the City with a copy of the requested records or allow 5.32 DOCUMENTATION OF COSTS the records to be inspected or copied within a reasonable time at a cost that All costs submitted shall be supported by properly does not exceed the cost provided in executed payrolls, time records, invoices, chapter 119, Fla. Stat. or as otherwise vouchers, or other official documentation provided by law. evidencing in proper detail the nature and C. Ensure that public records that are propriety of the charges. All checks, payrolls, exempt or that are confidential and invoices, contracts, vouchers, orders, or other exempt from public record disclosure accounting documents pertaining in whole or in requirements are not disclosed except as part to the resulting contract/agreement shall be authorized by law for the duration of the clearly identified and regularly accessible and contract term and,following completion provided to the City upon request. of the Agreement, Operator shall destroy all copies of such confidential and exempt records remaining in its possession once the Operator transfers RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 39 (Operator Term Contract) City of Boynton Beach Purchasing Division the records in its possession to the City; THE OPERATOR'S DUTY TO and D. Upon completion of the Agreement, PROVIDE PUBLIC RECORDS Operator shall transfer to the City,at no RELATING TO THIS cost to the City, all public records in Operator's possession. All records AGREEMENT, CONTACT THE stored electronically by Operator must CUSTODIAN OF PUBLIC be provided to the City, upon request from the City's custodian of public RECORDS: records, in a format that is compatible with the information technology systems of the City. CITY CLERK'S OFFICE E. Failure of the Operator to comply with the requirements of this Section, and 100 EAST OCEAN other applicable requirements of state or AVENUE federal law,shall be a material breach of the resulting Agreement.The City shall BOYNTON BEACH, have the right to exercise all remedies FLORIDA, 33435 available to it for breach of agreement/contract, including but not 561-742-6060 limited to, the right to terminate for CityClerk(abbfl.us cause. IF THE OPERATOR HAS 5.34 SOVEREIGN IMMUNITY NQUESTIONS REGARDING THE waiver csovereign ov red in is intendedyto serve as a waiver of sovereign immunity by the City or as a APPLICATION OF CHAPTER waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under 119, FLORIDA STATUTES, TO Section 768.28,Florida Statutes. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK kFF".0 2E,0.,'R .lane,F. `l)E`r-. Fal,Poi; a;,R Spon .1) (Operator Term Contract) Y Op O = 0 v City of Boynton Beach �to� Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION VI —SPECIAL PROVISONS —TERM CONTRACT The Operator will be responsible for supplying all necessary labor, staffing, supplies, equipment, and all other needed resources to run the facility operations at its own expense. The City is not responsible for any agreements, contracts, expenditures, debt, or credit incurred by the Operator regarding managing facility operations and additional services mentioned in this RFP for the City of Boynton Beach. The following special conditions shall apply to all Proposers and eventually to the Operator(s) who are awarded the contract for these services. 6.1 ASSIGNMENT Any contract issued pursuant to this request for proposal and the funds that may come due hereunder are not assignable except with the prior written approval of the City. 6.2 AGREEMENT TERM AND EXTENSION The City will award this contract for a FIVE-YEAR (5) period and reserves the right to extend for an additional TWO additional TWO-YEAR periods. The City agrees to an additional ONE HUNDRED EIGHTY (180) calendar days extension by mutual agreement and by filing a written notice signed by the Operator and the City's Purchasing Department without further City Commission action. This extension shall provide the City with continual services for an additional term of One Hundred and Eighty Calendar days. 6.3 CHANGES TO SCOPE AND ADDITIONAL SERVICES CITY or Operator may, from time to time, request changes that would increase, decrease, or otherwise modify the scope of services, as described in Section II — Scope of Work to be provided under this Agreement subject to the requirements. Such changes or additional work must be in accordance with the provisions of the CITY's Code of Ordinances, and must be contained in a written amendment, executed by the Parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Operator shall continue to render services while seeking a change order unless such services have not been authorized herein, by written amendment, or change order. Services to be performed while seeking a change order which have not been described herein or in a separate written amendment or change order shall be performed at the Operator's own risk. In no event will the Operator be compensated for any services which have not been described either herein or in a separate written amendment or change order. 6.4 INDEMNIFICATION The Operator shall indemnify, hold harmless, and defend City and all of City's current, past, and future officers, agents, and employees (collectively, "Indemnified Party") from RFP No 25-051R-Harvey E Oyer Jr Park Bail&Tackle Shop 4 1 (Operator Term Contract) z Q U City of Boynton Beach �rar� Purchasing Division and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Operator, or any intentional, reckless, or negligent act or omission of Operator, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against an Indemnified Party, Operator shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If considered necessary by the Contract Administrator and the City Attorney, any sums due Operator under this Agreement may be retained by City until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. The Operator shall also be liable to the City for all costs, expenses, attorneys' fees, and damages which may be incurred or sustained by the City by reason of the Operator's breach of any of the provisions of the contract. Operator shall not be responsible for negligent acts of the City or its employees. Further, the Operator shall hold the City harmless and indemnify the City for any funds that the City is obligated to refund the Federal Government arising out of the conduct, activities, or administration of the Agreement by the Operator. 6.5 TERMINATION - SEE SAMPLE AGREEMENT 6.6 PERFORMANCE OF OPERATOR The Operator shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work. Failure on the part of the submitting Operator to comply with the conditions, terms, specifications, and requirements of the RFP shall be cause for cancellation of the RFP award, notwithstanding any additional requirements enumerated in the Special Conditions herein relating to performance-based contracting. The City may, by written notice to the Responding Firm, terminate the Agreement for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. The Operator agrees to a final walkthrough of the facility for acceptance building, equipment, supplies, tools, and all other items that belong to the city in their possession. The Operator agrees to pay damages for any items that are not returned in working condition, broken, lost, severely damaged. 6.7 INSURANCE REQUIREMENTS — SEE SAMPLE CONTRACT FOR LIMITS If an Operator is providing a service under this Agreement, then the Operator shall, at its sole expense, always maintain in full force and effect during the life of this Agreement, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the Operator under this Agreement. RFP No 25-051R-Harvey E Oyer Jr Park Bat&Tackle Shop 42 (Operator Term Contract) City of Boynton Beach Purchasing Division All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Operator shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of the Agreement. It shall be the responsibility of the Operator to maintain workers' compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance; during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the Operator until such time as the items and/or work have been accepted by the City. The Operator shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida. The City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. 6.8 FORCE MAJEURE The Agreement which is awarded to the Operator may provide that the performance of any act by the City or Operator thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to Operator for such period of time. If the condition of force majeure exceeds a period of 14 business days the City may, at its option and discretion, cancel, or renegotiate the Agreement. 6.9 INSPECTION AND ACCEPTANCE OF SERVIVES PRODUCED The City has the right to review, require correction, if necessary, and accept the work produced by the Operator. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Operator. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) calendar days from the date of receipt of such product from the Operator. The Operator shall make any required corrections promptly at no additional charge and return a revised copy of the work requested to the City within seven (7) business days of notification or a later date if extended by the City. Failure by the Operator to proceed with reasonable promptness to make necessary corrections shall be a default. If the Operator's submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 6.10 CONTINGENCY FEE Operator represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Operator, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this RFP No 25-051R-Harvey E Oyer Jr Park Bad&Tackle Shop 43 (Operator Term Contract) V�w 0 S 0 City of Boynton Beach "r°�°`r Purchasing Division Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 6.11 PERFORMANCE REVIEW EVALUATION: The awarded Operator(s) may receive a performance evaluation by City Staff during the course of the term contract. The City's Project Manager shall complete performance evaluations at the first year of the contract or more frequent intervals as required by the Agreement and at the time of the end of the term contract. Should the services provided by the Operator fail to meet the expectations of the City's Project Manager, the Operator shall have a period of ten (10) working days from the date notice is given to the Operator by the City to correct all deficiencies under the contract. All corrections shall be made to the satisfaction of the City Project Manager. Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the contract without the City being liable for any and all future obligations under the Agreement as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Operator for any accepted work product through the date of termination of an authorized Purchase Order, provided it is in a form sufficiently documented and organized to allow subsequent utilization in completing the work product. The City's Project Manager shall contact a Procurement representative to advise of any performance issues so that Procurement can assist with bringing performance back to acceptable standards. It is equally important to complete the "Operator Performance Evaluation Form whenever any of the performance indicators are either "marginal" or "unsatisfactory". In the event the Average Rating Score is "marginal" or "unsatisfactory" even after reasonable efforts have been taken by the City to improve performance, the City's Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. The Contract Performance Evaluation Form enclosed within this document illustrates a sample evaluation form to be used by the City for the various types of services provided by the City. 6.12 ANTI-HUMAN TRAFFICKING On or before the Effective Date of the Operator entering into an Agreement with the City, the Operator shall provide the City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 6.13 VERIFICATION OF EMPLOYMENT ELIGIBILITY — E-VERITY Operator represents that Operator, and each Sub-Operator have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Operator violates this section, City may immediately terminate this Agreement for cause and Operator shall be liable for all costs incurred by City due to the termination. RFP No 25-051R-Harvey E Oyer Jr Park Bart&Tackle Shop 44 (Operator Term Contract) Y�N ((� fi \ , u City of Boynton Beach "r0N Purchasing Division 6.14 ENTITIES OF FOREIGN CONCERN The provisions of this section apply only if Operator or any Sub-Operator will have access to an individual's personal identifying information under this Agreement. Operator represents and certifies: (i) Operator is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Operator; and (iii) Operator is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, Operator and any Sub-Operator that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 6.15 SUCCESSORS AND ASSIGNS The City and the Operator each bind themselves and their successors and assigns to the other party in respect to all provisions of the Agreement. Neither the City nor the Operator shall assign, sublet, convey, or transfer its interest in the Agreement without the prior written consent of the other. 6.16 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: The Fully Executed Agreement The Scope of Work (Services) The Instructions to Proposers The Special Conditions Standard General Terms and Conditions Proposer's Proposal THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 45 (Operator Term Contract) V 00 l'� m u City of Boynton Beach Ta" Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION VII — PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM — BIDS & TENDERS* THE SCHEDULE OF REVENUE GENERATING PRICES CONSISTS OF THE FOLLOWING: The selected Operator will be responsible for the day-to-day operation of the Havey E. Oyer Jr. Park Bait and Tackle Shop. Responsibilities include but are not limited to: the retail sale of bait, tackle, and fishing supplies; live bait handling and inventory; equipment rentals; customer service: basic shop upkeep; coordination of fishing-related events; and marketing and promotion of shop offerings, as outlined in this Request for Proposals (RFP). The Proposer is asked to please complete the proposal table below with proposed rates for the items listed below: 1 Proposed Monthly Lease for the Bait and Tackle Shop that shall be remitted to the City $ 2 Revenue Activity Description Percent Remitted to City a. 0/0 RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 46 (Operator Term Contract) ._>:: ..,. City of Boynton Beach Purchasing Division APPENDIX 'A ' OPERATING SERVICES RFP No: 25-051 R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) G ik-r Y pAk••, _ __ _ _, ,:. . . _ _ .__ - — -- ,,,_ 1:1113 . , _ ____________ ._ .I. Ci 0 _ ._ .. . j.‘ Tp l' Vr di i e _...... H 1 RFP No 25-051R-Harvey E Oyer Jr Park Bait&Tackle Shop 47 (Operator Term Contract) EXHIBIT B Proposal Response Our vision is to create a store that not only provides top-quality fishing gear but also fosters a community of anglers who share a passion for fishing and boating. By offering a curated selection of rods, reels, bait, and tackle, along with expert advice and engaging workshops, we aim to make this store a destination for seasoned fishers and beginners alike. Our Onsite tackle store which will sell all the essentials that fishermen and boaters will need to go fishing, including last minute supplies they may have forgotten. Frozen bait: ballyhoo, shrimp, squid, sardines, mullet, all typical bait used from inshore and offshore fishing Tackle: hooks, sinkers, leaders, lures, swivels, Accessories: hats, sunglasses, seasick pills, face buffs, towels, soda,water Tools: pliers, filet knives, cutters, buckets, gloves Artificial baits:jigs, lures, spoons, Also, if approved we will pre-made breakfast sandwiches so the fishermen can grab a sandwich and go fishing or boating. We would also like to provide a 24-hour ice vending machine on the east side of the building which will provide ice access to the fishermen all day and night. This will keep their catch cold and fresh. The ice can be bought in bulk or by bag. The store hours of operations fluctuate to cater to fishermen. (subject to change per city request) Special hours when needed for city events. We will probably only need three parking spaces for staff and the remaining spaces for customers. Most fishermen can just pull up and pick up their supplies before they make it to the ramp. Florida Tackle Company would love to partner up with the City of Boynton Beach to be that onsite tackle store. It would be a great public-private partnership (PPP)for us, and the city. Of Boynton Beach. Company Profile Florida Tackle Company Inc 1550 N Federal Hwy Boynton Beach Fl 33435 Established in 2018 President: Raymond LaBonte Vice President: Michael LaBonte Summary of Business Operations Florida Tackle Company Inc, established in 2018 and operating since April 2019, specializes in selling fishing tackle and supplies. The store is a dealer for Shimano, Penn, and Daiwa products and collaborates with vendors offering frozen bait, live bait, lures, and other tackle items. In addition to retail operations, the store hosts fishing seminars to educate the public about advanced techniques and provides training for young and beginner fishers, including knot tying and bait hooking skills. • Florida Tackle Company has always demonstrated a strong commitment to the local community. They actively participate in events such as Rock the Plazas, Pirate Fest, and Christmas Parades, fostering connections and celebrating the vibrant culture of Boynton Beach. This dedication to community engagement reflects their pride in being an integral part of the city and their ongoing efforts to give back to the residents who support their business. 3. Experience and Qualifications Florida Tackle Company's 7 years serving the Boynton Beach and surrounding area fishing community with knowledgeable staff including USCG captains and dedicated staff bring a friendly and reliable advice on fishing techniques and tactics. To further enhance its services, the company plans to implement comprehensive business plans and dynamic marketing models. These include creating a welcoming fishing atmosphere complemented by an updated website, targeted social media campaigns, local seminars, and an IGFA-certified weigh station. Additionally, Florida Tackle Company will introduce an FWC fishing and hunting license kiosk, ensuring greater accessibility and convenience for the local fishing community. These initiatives aim to build a stronger connection with anglers while fostering growth and engagement in the regional fishing scene. There will be no Sub-operators involved with this location. We will ensure that all operations at this location are managed directly by Florida Tackle Company. This approach ensures consistent quality of service, streamlined communication, and an unwavering commitment to the fishing and hunting community we serve. By centralizing operations, Florida Tackle Company aims to maintain high standards of customer care and operational efficiency. Future expansion plans include a 24-hour self-serve ice machine, live bait pins (pending approval), security cameras equipped with License Plate Recognition (LPR) technology, as well as provisions for beverages, food, and additional amenities. 5 Operational Plan Florida Tackle Company will operate from 5:30 AM to 4:00 PM, seven days a week. Extended hours may be offered during special events or under specific weather conditions. The store will prioritize a clean safe atmosphere, and ensure compliance with ADA regulations, including proper aisle spacing. All required permits and licenses will be visibly displayed for review Including Resale Certificates, and Retail Saltwater License. Additionally, our POS system will feature inventory management and provide detailed sales reports. Attached is the COI from our Boynton Beach store. 6 Product and Service Offerings Florida Tackle Company will offer a comprehensive range of essential fishing products, including both frozen and fresh bait such as ballyhoo, shrimp, squid, mullet, goggle eyes, sardines, chum, and more. For tackle needs, we will provide hooks, leaders, weights, terminal tackle, rods, reels, lures, and other equipment suitable for both beginner and professional anglers. Additionally, FTC will stock a variety of beverages, including soft drinks, water, and other drinks to keep our fishing community refreshed. For convenience, we will also have grab-and-go sandwiches and snacks available for last- minute purchases. Our offerings will extend to hats, sunscreen, lip balm, beach towels, and other essentials. Moreover, we will carry safety items like life jackets, life vests, boat plugs, marine safety kits, and more to ensure preparedness on the water. Our proposed Ice Machine will be located on the east side of the building, next to the first parking spot. It will provide 24-hour access for the community. We are currently in discussions with two vendors and were waiting to secure the building before finalizing the size and capacity. This machine will have both bag and bulk ice options. The manufacturer will perform maintenance on the machine. They offer maintenance and service for their machines. 7 Visionary 5 Year Ran Florida Tackle Company's visionary plan aims to elevate the fishing experience for every angler in our community. We intend to host educational seminars for both novice and seasoned anglers, as well as engage our youth through fishing clinics and exciting opportunities to fish alongside local captains. Additionally, we plan to collaborate with the city to make fishing more accessible and enjoyable by recommending parking permit costs and streamlining the process for boat loading and unloading. Our commitment to community involvement remains steadfast, as we will continue to participate in events such as Rock the Plaza and Rock the Marina. We also look forward to attending the Christmas parade and taking part in additional city-sponsored activities. Florida Tackle Company is dedicated to donating time and resources to Boynton Beach-sponsored fishing tournaments, as well as neighboring cities, including the Boynton Beach Fire Fighter Tournament, Lantana Fishing Derby, The Hospice KDW Shootout, and King of the Canal. Our ultimate goal is to solidify Boynton Beach as "The Gateway to the Gulfstream"while fostering a thriving fishing community. 8 Facility Upgrades Florida Tackle Company proposes several upgrades to the building: 1. Install new doors on the north and south sides of the building. 2. Apply fresh paint to the interior and exterior. 3. Upgrade exterior lighting to LED. 4. Install new windows on the north and south sides of the building. 5. Relocate the interior low voltage cabinet to the closet area. 6. Repair the damaged drywall on the ceiling ACORD,„ DATE(MM/DD/YY) CERTIFICATE OF LIABILITY INSURANCE Ai2B/2s PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Liberty Bell Insurance Services LLC AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER.THIS 11150 Okeechobee Blvd CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE ROYAL PALM BEACH, FL 33411 AFFORDED BY THE POLICIES BELOW. Phone: (850)778-0665 Fax: ()- INSURERS AFFORDING COVERAGE • INSURED INSURER A: Penn-America Insurance Company Florida Tackle Company INSURER B: 1550 N Federal Hwy, Unit 11 INSURER C: Boynton Beach, FL 33435 INSURER D: Phone: (561)676-2837 INSURER E: COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTHWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURANCE $ 1,000,000 XE COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) - $ 100,000 CLAIMS MADE❑X OCCUR MED EXP(Any one person) $ 5,000 A PAV0547075 02/28/2025 02/28/2026 PERSONALANDADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PRODUCTS-COMP/OP AGG $ 2,000,000 R. XI POLICY n PROJECT n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _ ANY AUTO (ea accident) ALL OWNED AUTOS BODILY INJURY .. SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY _ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E _ ANY AUTO OTHER THAN EA ACC ~ E AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURANCE E OCCUR El CLAIMS MADE AGGREGATE E DEDUCTIBLE E RETENTION E WORKERS COMPENSATION AND _IWC STATUTORY EMPLOYERS LIABILITY LIMITS n OTHER E L.EACH ACCIDENT E E L DISEASE-EA EMPLOYEE S E L DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Fishing store : CERTIFICATE HOLDER I X 'ADDITIONAL INSURED:INSURED LETTER: I A IDANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION ON LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES. Ocean Palm Plaza LLC AUTHORIZED REPRESENTATIVE 16950 Jog Road Suite 104 Delray Beach, FL 33446 Faxed to: tps5s4f9 ACORD 25(2016/03) ACORD CORPORATION 1988 (MMIDDIYY) ACORD,: CERTIFICATE OF PROPERTY INSURANCE DATE02,28/25 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Liberty Bell Insurance Services LLC AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER.THIS 11150 Okeechobee Blvd CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE ROYAL PALM BEACH, FL 33411 AFFORDED BY THE POLICIES BELOW. Phone: (850)778-0665 Fax: ()- INSURERS AFFORDING COVERAGE INSURED INSURER A: Lloyd's of London (AIIN: AA1122000) Florida Tackle Company 1550 N Federal Hwy INSURERS: Suite 11 INSURER C: Boynton Beach, FL 33935 INSURER D: Phone: (561)676-2837 INSURERS: COVERAGE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE IMM/DD/YY) DATE IMM/DD/YY) A X I PROPERTY X BUILDING S 0.00 CAUSES OF LOSS X PERSONAL PROPERTY E 2 0 0,0 0 0.00 BASIC BUSINESS INCOME S BROAD 02/28/2025 02/28/2026 EXTRA EXPENSE S X SPECIAL MERCFL016393-3 -BLANKET BUILDING S EARTHQUAKE BLANKET PERS PROP S FLOOD BLANKET BLDG&PP S INLAND MARINE S TYPE OF POLICY CAUSES OF LOSS NAMED PERILS OTHER $ CRIME S TYPE OF POLICY $ S I BOILER&MACHINERY S I OTHER LOCATION OF PREMISES/DESCRIPTION OF PROPERTY Prem 1, 1550 N Federal Hwy,Boynton Beach,Palm Beach,FL 33435 SPECIAL CONDITIONS/OTHER COVERAGES CERTIFICATE HOLDER I (ADDITIONAL INSURED:INSURED LETTER: I (CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE Ocean Palm Plaza LLC NO OBLIGATION ON LIABILITY OF ANY KIND UPON THE INSURER. ITS 16950 Jog Road, Suite 109 AGENTS OR REPRESENTATIVES. Delray Beach, FL 33446 AUTHORIZED REPRESENTATIVE Faxed to: ACORD 24(1/95) c ACORD CORPORATION 1995 25-051 R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) Opening Date: April 29, 2025 12:20 PM Closing Date: May 30, 2025 3:00 PM Vendor Details Company Name. Florida Tackle Company 1550 N Federal Hwy Suite 11 Address: Boynton Beach , Florida 33435 Contact: Michael LaBonte Email. michael floridatackle@gmail.com Phone: 561-739-8523 Fax: 561-739-8523 HST#: 83-1962521 Submission Details Created On: Monday May 19,2025 14:22:41 Submitted On• Friday May 30, 2025 07:58:35 Submitted By. Michael LaBonte Email: michael.floridatackle@gmail.com Transaction#: df3ac599-bfc3-48e6-8970-ecb2d2b7280e Submitter's IP Address. 147.243.183.55 Bid Number: 25-051R Vendor Name. Florida Tackle Company Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified) If the line item and/or table is"NON-MANDATORY"and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value Proposed Monthly Lease over 60 Months (5 YEARS) Proposed Monthly Lease Payment. This refers to the proposed monthly lease schedule included in the RFP that will be remitted to the City. The City reserves the right to award to the proposer that is seen to be in the City's best interest. (Please note that the proposed monthly lease amount is only one factor for consideration for the award.) The proposed monthly lease shall not be subject to change until formal negotiations have begun with a designated firm. r We will not be submitting for Proposed Monthly Lease over 60 Months(5 YEARS) Line Description Amount Months Total over 5 years Item 1 Proposed Monthly Lease to the 60 City Subtotal $0.00 Proposal Percentage for Revenue Share Scoring Formula—Proposed Percentage of Gross Sales Scoring for revenue share will be based on the percentage of gross revenue offered. Score=(P/ P_max) x Score_max Where: • P= Proposer's percentage offered • P_max= Highest percentage among all proposals • Score_max= Maximum points for this criterion (e.g., 20 points) Example(Score_max = 20): Score— \ ,,,x ) x Scorer,. • Proposal A: 15% (15/15) x 20=20 points • Proposal B: 12% (12/ 15) x 20= 16 points • Proposal C 10% - (10/ 15) x 20= 13 3 points Description of Services Unit Quantity Description of Revenue Activity* Percentage to City Revenue Activity 1 1 Percentage of Daily Sales 2% Bid Number: 25-051R Vendor Name: Florida Tackle Company Summary Table Bid Form Amount • Proposed Monthly Lease over 60 Months(5 YEARS) $0.00 Subtotal Contract Amount: $0.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses. r We will not be submitting for Confirmation of Minority Owned Business Description Response Comments Is your company a Minority Owned No business? Please select the appropriate response Not Applicable Do you possess a certification qualifying No your business as a Minority Owned business? Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Letter of Interest The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. Li item Description Response* 1 The Letter of Interest shall summarizes the Our vision is to create a store that not only provides top-quality fishing gear but Proposer's primary qualifications and a firm also fosters a community of anglers who share a passion for fishing and boating. commitment to provide the proposed services. By offering a curated selection of rods, reels, bait, and tackle, along with expert advice and engaging workshops, we aim to make this store a destination for seasoned fishers and beginners alike. Our Onsite tackle store which will sell all the essentials that fishermen and boaters will need to go fishing, including last minute supplies they may have forgotten. Frozen bait: ballyhoo. shrimp, squid. sardines, mullet, all typical bait used from inshore and offshore fishing Tackle: hooks, sinkers, leaders, lures, swivels, Accessories: hats, sunglasses, seasick pills, face buffs, towels, soda, water Tools. pliers, filet knives, cutters, buckets, gloves Artificial baits: jigs, lures, spoons, Also, if approved we will pre-made breakfast sandwiches so the fishermen can grab a sandwich and go fishing or boating. We would also like to provide a 24-hour ice vending machine on the east side of the building which will provide ice access to the fishermen all day and night. This will keep their catch cold and fresh. The ice can be bought in bulk or by bag. The store hours of operations fluctuate to cater to fishermen. (subject to change per city request) Special hours when needed for city events We will probably only need three parking spaces for staff and the remaining spaces for customers. Most fishermen can just pull up and pick up their supplies before they make it to the ramp. Florida Tackle Company would love to partner up with the City of Boynton Beach to be that onsite tackle store. It would be a great public-private partnership (PPP) for us, and the city. Of Boynton Beach. Bid Number: 25-051 R Vendor Name: Florida Tackle Company Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct. I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. I We will not be submitting for Local Business Status Certification Is the business located within Does the business have a Is the business the City limits business tax receipt registered with the Number of years in business Business license number of Boynton issued in the current Florida Division of Beach, year? Corporations? Florida? r. Yes r. Yes r. Yes 7 83-1962521 r No r No r No Qualifications and Experience/Ability of Professional Personnel Description .Response* Describe the experience and qualifications of all key FTC has 6 years of retail experience in the tackle industry provide expert advise Proposer and Sub-Proposer players. and product to our customers at an affordable price Summarize the quality of the firm's support personnel and Customer support is top prionty for us. Our knowledgeable staff works well with continuity of staff our customers satisfying their needs Describe the ability to perform additional services and We also provide reel repair and rod repair for our customers along with our local provide technical support throughout engagement. captain provides fishing charters. We also refer charters to our local Boynton Beach captains Explain the ability to meet set standards We have a high standard of customer satisfaction in our store Our google reviews show that, along with our return customers. Provide evidence of a capable and well-organized With 17 years as a manager in a fortune 500 company, I have instilled engagement team and management plan organizational skills in the store staff. We also maintain a clean and safe store with processes and guidelines. OFFEROR'S QUALIFICATION STATEMENT Line Description Response' Item 1 How many years has your organization been in business 6.5 under its present name? 2 If Vendor is operating under Fictitious Name, submit N/A evidence of compliance with Florida Fictitious Name Statute. 3 Under what former name (s) had your business N/A operated? Also list former address(es) of that business, if any. 4 Have you ever been disbarred or suspended from doing NO business with any govemmental entity? If Yes, explain 5 Are you licensed? If Yes, attach copy of license to N/A submission package. 6 Has your company ever declared bankruptcy? If Yes, NO explain. Bid Number: 25-051 R Vendor Name: Florida Tackle Company SCRUTINIZED COMPANIES DETERMINATION By submission of this qualification package and if selected by the City as the CONSULTANT, execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215 473, CONSULTANT, certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT is not on the Scrutinized Companies that Boycott Israel list. not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Description Response` Item 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information a Yes Above and Will Abide by Everything Outlined in this Section. (' No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City. Contractor. or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied. shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448 095(2)(d). Fla Stat Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide r. Yes By Everything in this Section. r' No Bid Number: 25-051R Vendor Name: Florida Tackle Company References 1. References—Past Performance Provide a list of three(3)governmental agency references or similar contracts for which the Proposer has completed or is in progress within the past ten(10)years with the following information: 2. Name of Agency 3. Address 4. Contact Name, Email Address 5. Telephone Number The City is interested in learning about other firms'or government agencies'experiences with your firm; as such, please do not list the City of Boynton as a reference Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee may email or call each reference up to three (3) times. If there is no answer after the third attempt. the City may apply no points for that protect experience, Description Reference 1-Completed or In Reference 2-Completed or In Progress° Reference 3-Completed or In Progress" Progress" Company Name Florida Suncoast Sales lade Depoe Fish-N-Stik Address 3501 SW 137 Ave, Miramar, FL 32027 4532 SW 71 Ave, Miami, FL 5407 N. Haverhill Rd, WPB, FL 33407 Contact Name Justin: Pete Santiago Keith Phone • 954-326-2276 305-439-3353 561-686-7845 • 954-401-6114 561-768-3461 Email flsuncoast@bellsouth.net mrfrench97@aol.com fishnstik@gmail corn Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD" (To Be Determined)or"TBA" (To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Schedule of Sub-Operators The Undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors, if required If not applicable or if no-subconsultants will be used in the performance of this Work, write"Not-Applicable"or"NONE"across the form. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s)and the Bidder shall perform the project with their "OWN FORCES" Line Name of Sub-Consultant' Address of Sub-Consultant, License No.' Contract AmountPercentage(%)of Contract' Item 1 Documents Ensure your submission document(s)conforms to the following. Bid Number: 25-051 R Vendor Name. Florida Tackle Company Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s)are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one(1)document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed, your Bid Call Document may be rejected. SECTION III—SUBMISSION OF PROPOSALS 1. GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this RFP. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Operator and the particular staff to be assigned to this engagement. It should also specify an approach that meets or exceeds the RFP requirements The Operator shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP expeditiously and economically, consistent with the City's needs. Additionally, the Operator will be required to demonstrate recent experience successfully completing services similar to those specified in this RFP. 2 CERTIFICATION AND LICENSES Proposers must include copies of all applicable certificates, licensing, and business permits related to the Work specified in the scope of work with their proposals. 3 DETAILED PROPOSAL Each of the Eleven(11) sections listed below shall be completed online through the e-procurement system ALL PROPOSAL FORMS ARE TO BE COMPLETED ONLINE A. Letter of Interest A signed letter summarizing the proposer's interest in the opportunity and ability to meet the City's needs. Include the primary point of contact's name,title, and contact information B. Company Profile Legal business name, year established, ownership structure, and office location. If the Principal place of business is different than the location specified in the Proposer's Qualification Statement, then the Operator shall specify the office location where each project will be managed and produced. Summary of business operations and relevant history_ Proof of authorization (SUNBIZ)from the Florida Secretary of State to transact business in the State from prime and supporting firms. C. Proposer's Experience and Qualifications Description of management team and key personnel qualifications. An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as"key contract members". Bid Number: 25-051R Vendor Name: Florida Tackle Company Provide resumes for all key project members outlining the relevant experience and education. Identify the services that your Firm's staff would complete and those provided by the sub-Operator, if any. Identify any sub-Operator you propose to utilize to supplement your Firm's staff. (Maximum of 4 pages) Business and Marketing Plan Model Proposer Outline of Investments. Development, and Future Expansion Revenue Sharing Opportunities (SEE SAMPLE CONTRACT FOR FURTHER IDEAS) D. Financial Documentation Proposer shall demonstrate financial stability and provide a statement of their financial stability, including information as to current or prior bankruptcy proceedings by providing a copy of the most recent audited annual financial statements prepared and certified by a CPA containing a balance sheet, an income statement, and a statement of cash flows The financial statements requested will develop five financial analytical insights, which include the following a. Working Capital-measures liquid assets that provide a safety cushion to creditors. b Accounts Receivable—as a percentage of current assets,which will provide information about assets not yet received and therefore unavailable at the present time to be used as resources. c Receivables to Current Assets-receivables as a percentage of current assets that would reveal the size of receivables in current assets and the opportunity cost associated with it. d. Long Term Debt-measurements representing the percentage of a corporation's assets that are financed with loans and financial obligations lasting more than one year. e. Cash Ratio-an indicator of a company's liquidity by measuring the amount of cash, cash equivalents or invested funds there are in current assets to cover current liabilities E. Operational Plan a. Daily operations plan, including staffing, hours of operation, inventory management, and customer service protocols. b. Plan for maintaining cleanliness, safety, and compliance with local City codes. c. Proof of or commitment to obtain all required licenses and permits. d. Certificate of insurance or letter of insurability demonstrating ability to meet City insurance requirements. e. Proposer shall demonstrate to the City the cash controls they will create to alleviate the potential of fraud. F. Product and Service Offerings a A list of all bait. tackle, tools, accessories, food and beverage offerings, and any additional merchandise to be sold. b. Description of ice vending machine model, location, and maintenance plan. G. Visionary Five-Year Plan a A forward-looking plan detailing goals for growth, service enhancements, community engagement, and potential facility upgrades. H. Facility Upgrades(Optional) a. Any proposed physical or technological upgrades to enhance the appearance, functionality, or customer experience of the space I. Submittal of General Information and Procurement Forms and Documents Procurement forms should be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. a. Proposers Qualification Statement—Upload Online b. Non-collusion Affidavit of Proposer—Upload Online c. E-Verify Form Under Section 448.095—Upload Online d. Certification Pursuant to Florida Statute§287.135- Upload Online e. Anti-Kickback Affidavit—Upload Online Bid Number: 25-051 R Vendor Name: Florida Tackle Company f. Affidavit of Compliance with Foreign Entity Laws-Upload Online g. Affidavit of Compliance with Anti-Human Trafficking Laws-Upload Online h. Copy of Proposers W9-Upload Online i. Proposer Acknowledgement—Online Acknowledgement j. Addenda Acknowledgement—Online Acknowledgement k. Confirmation of Minority-Owned Business-Online Form I Confirmation of Drug-Free Workplace-Online Acknowledgement m. Palm Beach Inspector General-Online Acknowledgement n. Local Business Certification-Supplier Must Present a copy of Certification. o Statement of non-submittal(if applicable) - Online Form p. Schedule of Sub-Operator—Input list, if applicable. q. Submit current Florida Professional License(s), including evidence of possession of required licenses—Upload Online r. Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form as an attachment — Upload Online s. Submit any Supplemental information relative to this RFP—Upload Online J. References—Past Performance -Completed Online a. Minimum of three(3) business references in the past ten years with contact information, including the following: a. Address b Contact Name, Email Address c. Telephone Number b. Include a brief summary of the relationship and services provided. c. The City is interested in learning about other firms'or government agencies'experiences with your firm; as such, please do not list the City of Boynton as a reference. d. Contact persons must be informed that they are being used as a reference and that the City, or their designee.will be contacting them for information. Selection Committee Members or designee may email or call each reference up to three(3)times If there is no answer after the third attempt, the City may apply no points for that project experience. K. Proposed Revenue Sheet is a separate document where Proposers will input the proposed revenue share for this contract. Completed through bids&tenders. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Bid Number: 25-051R Vendor Name: Florida Tackle Company • A. Letter of Interest- 1 Letter of Interest.docx-Wednesday May 28, 2025 13:23.43 • B. Company Profile-2 Company Profile.docx-Wednesday May 28, 2025 13:2359 • C. Proposer's Experience and Qualifications-3 Experience and Qulaifications.docx-Wednesday May 28, 2025 13:24 14 • D.Financial Documentation-2023 FTC TAX RETURN.pdf-Thursday May 29, 2025 1248:26 • E. Operational Plan-5 Operational Plan.docx-Wednesday May 28, 2025 13:24:28 • F. Product and Service Offerings-6 Product and Service Offerings.docx-Wednesday May 28, 2025 13:24.42 • G.Visionary Five-Year Plan-7 Visionary 5 Year Plan.docx-Wednesday May 28, 2025 13:25:08 • H. Facility Upgrades(Optional)-8 Facility Upgrades.docx-Wednesday May 28, 2025 13:25:40 • I. Submittal of General Information and Procurement Forms and Documents-PROCUREMENT.zip-Thursday May 29, 2025 13:35:08 • Any other information proposers would like to add-INSURANCE.zip-Thursday May 29, 2025 13.36:00 • Additional Document-RETAIL SALTWATER PRODUCTS.png-Thursday May 29, 2025 13:05:45 Bid Number: 25-051 R Vendor Name: Florida Tackle Company r Addenda & Declarations SECTION V—STANDARD GENERAL TERMS AND PROVISIONS Unless otherwise agreed to by the City of Boynton Beach ("City"). the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term "vendor," as used below, may collectively apply to vendors, bidders, proposers. consultants. contractors, subcontractors, and subconsultants 1. FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFP, proposers shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Proposers must familiarize themselves with all federal. state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Proposer shall not be a cause for relief from responsibility. 2. NON-COLLUSION Proposer shall not collude, conspire, connive, or agree, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by a person to fix the price or prices in the proposal submission form or of any other proposer, or to fix any overhead profit, or cost elements of the proposal price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other proposer, or any person interested in the proposed work. The proposer certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 3. LEGAL CONDITIONS Proposers are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and Ordinances of the City of Boynton Beach. 4 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida 5. ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices proposal in this solicitation. If additional quantities are not acceptable,the price proposal sheets must be noted: "PROPOSAL IS FOR SPECIFIED QUANTITY ONLY". 6. DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties Bid Number: 25-051R Vendor Name: Florida Tackle Company 7. LEGAL REQUIREMENTS: Proposer shall comply with all Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 8. ON PUBLIC ENTITY CRIMES All Request for Proposals as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287 012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a)of Section 287 133, Florida Statutes, which reads as follows -A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract or 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, vendor, 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 9. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 10. PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this proposal meets all O.S.H A. requirements. Proposer further certifies that if awarded as the Consultant, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc, into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 12. PALM BEACH COUNTY INSPECTOR GENERAL: The Proposer and, if awarded Consultant, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Consultant and its sub-consultant and lower-tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its sub-consultants or lower-tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 13. OTHER AGENCIES Any Agreement(s) resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices,terms, and conditions if agreed to by both parties Bid Number: 25-051R Vendor Name: Florida Tackle Company It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county. municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality. or agency Further, it is understood that each agency will issue its own purchase order or contract to the awarded Proposer(s). 14. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 15. NON-DISCRIMINATION& EQUAL OPPORTUNITY EMPLOYMENT • The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. • During the performance of the Agreement, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. • The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status. political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. • Such actions must include, but not be limited to,the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. • The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. • The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. • The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 16 INDEPENDENT CONTRACTOR RELATIONSHIP: The Proposer and, if awarded Consultant, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City.All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Consultant's sole direction, supervision. and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Consultant's relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City 17 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s)or service as specified. 18 LOBBYING -CONE OF SILENCE: Consistent with the requirements of Chapter 2. Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence.A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process While the cone of silence is in effect, no Proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act Bid Number: 25-051R Vendor Name: Florida Tackle Company on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation. with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances) Failure to abide by this provision may serve as grounds for disqualification for the award of contract to the Proposer. Further. any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee. any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation.Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 19. LEGAL EXPENSES: The City shall not be liable to a Proposer for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 20. NO THIRD-PARTY BENEFICIARIES: No provision of this RFP or agreement/contract to follow with Consultant is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Proposer. 21. DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor or the City's suppliers for contracts/construction/public works-related materials when deemed in the City's best interest. 22. SCRUTINIZED COMPANIES: By submission of a proposal for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes. as amended. a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725. Florida Statutes, or is engaged in a boycott of Israel;or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract. the company- Is ompanyIs on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List. created pursuant to Section 215.473. Florida Statutes, or is engaged in business operations in Syria. 23. DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not obtain an agreement/contract to provide goods or services to a public entity: construct or repair of a public building or public work, lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at(850)487-0915 24. NON-EXCLUSIVE Bid Number: 25-051R Vendor Name: Florida Tackle Company As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City's Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement. or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 25. BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein,the Proposer shall. upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 26. AGREEMENT Proposer agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding Agreement is formed in accordance with the City's terms, conditions, and specifications as set forth in the purchase order unless otherwise agreed by the City and the Proposer. The Proposer certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 27. ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. 28. DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: 28. 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 A. Inform employees about the dangers of drug abuse in the workplace,the Proposer'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. B. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. C. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)calendar days after such conviction or plea D. Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. E. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287 087, Florida Statutes 29. PROHIBITED TELECOMMUNICATIONS EQUIPMENT Proposer represents and certifies that Proposer and all Sub-consultants do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR§§52.204-24 through 52 204-26. Proposer represents and certifies that Proposer and all Sub- consultants shall not provide or use such covered telecommunications equipment. system. or services during the Term. 30. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bid Number: 25-051 R Vendor Name: Florida Tackle Company Proposers are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Consultant. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer's social, political,or ideological interests. 31. RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation. including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 32. DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls,time records, invoices,vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges All checks, payrolls, invoices. contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 33. PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFP unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property,work product, documentation, reports, computer systems and software, schedules, graphs. outlines, books, manuals, logs,files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense.whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement. whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119 07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure(i.e.. a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically,the Consultant shall: A Keep and maintain public records required by the City to perform the service. B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat or as otherwise provided by law C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession. All records stored electronically by consultant must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. Failure of the Consultant to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to,the right to terminate for cause. Bid Number: 25-051R Vendor Name: Florida Tackle Company IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 5 34 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. Bid Number: 25-051 R Vendor Name: Florida Tackle Company THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Michael LaBonte, VP, Florida Tackle Company The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the below addendum and Pages File Name attachments(if 9 applicable) Addenda No.1 r 2 Tue May 27 2025 06:17 PM Bid Number: 25-051 R Vendor Name. Florida Tackle Company yam, o �rOh AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS TO BE COMPLETED AND UPLOADED ONLINE In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below("Entity"),hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking." / i Date: MAY_26_ _. 2025_ Signed: / Entity: FLORIDA TACKLE COMPANY Name: f 4ic ti-n .` LA � Title. V STATE OF r(4-)Ick A I COUNTY OF Oa.\P 13 C.Et • The foregoing instrument was acknolle d ed before me, by means of l iysi al presence or Q online notarization, this r 2 ? day of 4/14-J , 20v�j, by -JA►{,t) oftl7A� E2 - as for rarer i • ,who is personally known to me or who has produced (--F1-- • L ' as identification. ;rusES�GOHIALEZ Notary Public Signature• ,�, (314, ait�t?E®R!o{�E�) /r��,., commission r HH 323064 Print Name: J14.--2-5 • 2 - , n fa• ' •- Ny Comm.Exp res Oct le,2026 My commission expires: /0//e 0 4 '.'% 47 ETON . ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: al /Jr ip _ NAME-S GNATURE STATE OF r t�az-'-` ) COUNTY OF { A(*.P Eyck ) The foregoing document was acknowledged before me, by mean of CB-�Fiysical presence or 0 online notarization, this d day of ,-01 20A, by _�A4j C P11�MZ , as o-, 4( L 1 Ap " of who is personally known to me or who has produced j- .DL- ' as identification. Sworn and subscribed before me this tat"' day of ►414)1 , 202 1 Printed Information: .ifs A oN1c2 . NAME TITLE NOTARY PUBLIC •tate of Florida at Large COMPANY "OFFICIAL NOTARY SEAL"STAMP : /4+x"4 . JAMES A GONZALEZ i • Notary Public-State of Florida jCommission It NH 323064 ? -- My Comm.Expires Oct 18.2026 y - yy//V coo w • r\ r u O` '� r 4VON• CERTIFICATION PURSUANT TO FLORIDA STATUTE§287.135 TO BE COMPLETED AND UPLOADED ONLINE I,MICHAEL LABONTE,VP on behalf of FLORIDA TACKLE COMPANY certify Print Name and Title Company Name that FLORIDA TACKLE COMPANY does not: Company Name 1.Participate in a boycott of Israel;and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List;and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice. in writing,to the Vendor of the City's determination concerning the false certification.The Vendor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute§287.135. Section 287.135, Florida Statutes, prohibits the City from: 1)Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Vendor,I hereby certify that the company identified above in the section entitled 'Vendor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may ( 1 r O • v AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS TO BE COMPLETED AND UPLOADED ONLINE The undersigned,on behalf of the entity listed below("Entity"),hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source:§287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity.(Source: §287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of,and does not have a principal place of business in,a foreign country of concern. (Source: §287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: � I ,20 v2 r Signed: /`"Li'l. Entity: Name: Title: STATE OF �/-->` cei COUNTY OF The foregoing instrum nt was acknowl g before me,by means of gi-pf'lysic�l presence or 0 online notarization, this ¢qday of , 20 bV J4 Colo (i<Z •• as if for ,who is personally known to me or who has produced 'VZ- :_;)L—• as identification. S Notary Public Signature: State of Florida at Large(Seal) Print Name: —IA 45 off Apr JAMES A GONIALEZ ( i4 Notary Public-State of Floc, . �� Commission N MH 323064 r My Comm.Expires Oct 11 � !40214* • o. n \ rtiicrr 0 NON-COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE State of r ((sit ) County of a't(.Vfl --)",„„)„, , being first duly sworn,deposes and says that 1) He/She is Michael LaBonte VP of Florida Tackle Company,the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion; 4) Further,the said bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in interest,including this affiant,has in any way colluded,conspired,connived,or agreed,directly or indirectly with any other Bidder,integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner,directly or indirectly,sought by agreement or collusion or communications or conference with any other bidder,integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy,connivance,or unlawful agreement on the part of the bidder or any of its agents,representatives, owners,employees,or parties in interest.including this affiant. 6) BIDDER shall disclose below,to their best knowledge, any City of Boynton Beach officer or employee,or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2022), who is an officer of director or,or has a material interest in,the BIDDER's business,who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed,for purposes hereof,to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. 11A' 7) Failure to submit this executed statement as part of the bid shall make the bid non-responsive and not eligible for award consideration. In the event the BIDDER does not indicate any names,the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 \ C PROPOSER'S QUALIFICATION STATEMENT THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Check One Submitted By: Corporation l/` Name:FLORIDA TACKLE COMPANY Partnership Address: 1550 N FEDERAL HWY SUITE 11 Individual CITY, State,Zip:BOYNTON BEACH FL 33435 Other Telephone No.: 561-739-8523 Fax No.: Email Address.: michael.floridatackle@gmail.com 1. State the true, exact,correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: 10/2018 b. State of Incorporation: FLORIDA c. President's name: RAYMOND LABONTE d. Vice President's name: MIC!IAEL LABONTE e. Secretary's name:N/A f. Treasurer's name: N/A g. Name and address of Resident Agent: N/A 3_ If Proposer is an individual or a partnership, answer the following: THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 Foram W-9 Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester.Do not Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. Internal Revenue Service Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/individual.An entry is rebuked.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2,) 2 Business name/disregarded entity name,if different from above. FLORIDA TACKLE COMPANY 6 3a Check the appropriate box for federal tax classification of the entityfindividual whose name is entered on tine 1.Check 4 Exemptions(codes apply only to c only one of the following seven boxes. certain entities,not individuals: a e ❑ individuaVsole proprietor ❑ C corporation Q S corporation ❑ Partnership ❑ Trust/estate see instructions on page 3)' 0 • n ❑ LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) • • Exempt payee code(if any) Note:Check the-LLC"box above and,in the entry space,enter the appropriate code(C,S.or P)for the tax 1+i classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o 1C box for the tax classification of its owner. Compliance Act(FATCA)reporting .5 S❑ Other(see instructions) code(if any) Li1ab It on line 3a you checked Partnership'or"Trust/estate,'or checked"LLC"and entered'P"as its tax classification, and you are providing this form to a partnership,trust,or estate In which you have an ownership interest,check (Applies to accounts maintained this box if you have arty foreign partners,owners,or beneficiaries.See instructions ❑ outside the United States.) % 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name end address(optional) 1550 N FEDERAL HWY SUITE 11 6 City,state,and ZIP code BOYNTON BEACH FL 33435 7 List account n urnber(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I 8odr eeoudty Metes backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - - f Employer identification entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN,later. numberNote:If the account is in more than one name,see the instructions for line 1.See also What Name and Number To Give the Requester for guidelines on whose number to enter. 8 3 - 1 9 6 2 5 2 1 Part II Certification Under penalties of perjury,I certify that: I.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement ORA),and,generally,payments other than interest and dividends, . are not req 'red to sign tion,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of / Here u s person Date 5- /2(p 1/ S General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Partnership Instructions for Schedules K-2 and K-3(Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC'box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS is giving you this form because they Cat.No.10231X Form W-9(Rev.3-2024) Detail by Entity Name 5,4:18 PM :;;;(74410. ,Thitz.org Ds t / blviaignsiL.Qraz Saar lBt. Detail by Entity Name Florida Profit Corporation FLORIDA TACKLE COMPANY,INC. Filing Inf9fmaliQn Document Number P18000078690 FEI/EIN Number 83-1962521 Date Filed 09/17/2018 Effective Date 09/10/2018 State FL Status ACTIVE Plint'iRalrens 1550 U.S.HIGHWAY 1 UNIT 11 BOYNTON BEACH, FL 33435 Maflin9 Address 1550 n federal hwy UNIT 11 boynton beach, FL 33435 Changed:03/06/2021 Re9ist gent Name&Address LABONTE,RAYMOND D 1550 N FEDERAL HWY SUITE 11 BOYNTON BEACH, FL 33435 Address Changed:04/30/2019 pfficerlpire�tor Detail Name&Address Title P LABONTE, RAYMOND D P.O.BOX 1072 BLOWING ROCK, NC 28605 Title VP haps:!/search.sunbiz.orq/Inquiry/CorporationSearch/SearchResultDetaninquirytype=EntityName&di rectionType=1 n itial&sea rchNameOrder=FL ORI( Boat Club Park Renovations WALLACE ROBERTS C•Toon Orwa I _ 1, r. ;cr. h: .1 . r . - .d. O"ti -f vanernza."- w i`iii i�•y'� 10. • m ,: *:;:::::::::•:::•-,;••••:•:•.:1•4•:•• ''; ..I5 „ om r , y `` j � ' • � rIa.. ,-7._ -------%::;::::::----',,,i n. 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'16 3- I, 3 1:01104.\\.,C): . a 41 r • I I (.), a�lo� I I G „,,____,.., ,, ---=7. -- ..2,7(I-7— J1 -� I SHEET OF PERMIT SET • ox�rvr+v�o �N t <� DO NOT REMOVE ATTACHMENT "B" The City of Boynton Beach DIVISION OF RISK MANAGEMENT 190 6 Ocean Avenue 1 Boynton Beach,Florida 33435 (P):561-742-6271 1(F):561-742-6274 �� o c- 4 'O N e VENDOR INSURANCE REQUIREMENTS—PROCUREMtNT 1. LNSURASNCE REQUIREMENTS: The successful bidder'contractor,firm or individual entering a resulting contract with the City shall provide.pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below.(Proof that insurance meets the City's requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury,Personal Injury,and Advertising Injury • S1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and S2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability,Independent Contractors, Business Automobile Liability Coverage must be afforded for all Owned,Hired,Scheduled.and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than$1,000,000 combined single limit each accident.If the Contractor does not own vehicles,the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability,which may be satisfied by way of endorsement to the C ommercial General Liability policy or separate Business Auto Liability policy. Professional Liabilitv,Zialpractice Coverage must be afforded under a ProfessionaliAllied Health/Malpractice Liability policy with limits not less than: • S2,000,000 each occurrence • S3,000,000 annual aggregate Workers'Compensation and Employer's Liabilit' Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers' Compensation insurance of at least the statutory requirements in addition to Employer's Liability in the amount not less than 51.000.000 per accident. Exceptions and exemptions will be allowed by the City's Risk Management Department,if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida.its officials,employees,and volunteers for all losses or damages.The City requires the policy to be endorsed with W000 03 13 Waiver of our Right to Recover from others or equivalent. Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S.Longshore and Harbor Workers' Compensation Act or Jones Act,if applicable. AMERICA'S GATEWAY TO THE GULFSTREANM For any Contractor who has exempt status as an individual. the City requires proof of Workers' Compensation insurance coverage for that Contractor's employees, leased employees.volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied fora workers' compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than 51.000,000 per claim arising out of this Contract.including hut not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder's Risk) Coverage must be afforded in an amount not less than 1000 a of the total project cost. including soft costs. with a deductible of no more than 525.000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement. which will enable the City to occupy the facility under construction renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized.pressurized, or electrical equipment For installation of property and.'or equipment. C ontractor must provide Builder's Risk Installation insurance to include coverage for materials or equipment stored at the project site.while in transit. or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner. contractor. and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the C its-with valid Certificates of Insurance(binders re unacceptable) no later than thirty(30) days prior to the start of work contemplated in this Contract. b. The C ontractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation: ten(10)days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement,it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the light to suspend the Contact until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date,which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies. with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the C ontractor's Workers' Compensation insurance policy. h. The Contract. Bid C ontract number, event dates, or other identifying reference must be listed on the certificate. AMERICA'S S C.ATEW AY TO THE c41 LFSTRE A\I The Certificate Holder should read as follows: City of Boynton Beach Atm: Risk Management 100 E. Ocean Ave Boynton Beach,FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible.co-insurance penalty,or self- insured retention: including any loss not covered because of the operation of such deductible. co- insurance penalty,self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy:policies do not meet the minimum requirements. as set forth in this Contract,the Contractor may provide an Umbrella Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City,its officials.employees,or volunteers shall be excess of Contractor's insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City.and:or this Contract is terminated.Any lapse in coverage shall be considered breach of contract. In addition. Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract.The City reserves the right to review. at any time,coverage forms and limits of Contractor's insurance policies. All notices of any claim:accident (occurrences) associated with this C ontract. shall be provided to the Contractor's insurance company and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein.Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance. (e.g.. Sexual Assault and Molestation. etc.) may he required based upon the type of event, event location, and.'or number of participants. Revised 04.'25.'2035 AMERICA'5 GATEWAY TO THE C4T LF5TRE AM