Contract 2023-036ADocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
2023-036
LICENSE AGREEMENT No. 2023-036
WATERFRONT PARK FOOD CONCESSION SERVICES
THIS AGREEMENT, is made and entered into this 12th day of April 2023, by and between the
CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida
whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"),
and MISTER SOFTEE STRONG OF CENTRAL FLORIDA, LLC., whose address is: 15360
County R. 565A, Suite C, Groveland, FL 34736, (hereinafter referred to as "CONTRACTOR"),
and upon the terms and conditions hereinafter stated, and in consideration of the payment
hereinafter stipulated and the performance by the CONTRACTOR of the covenants herein
contained, the parties agree as follows:
1. LICENSE OF PREMISES
CITY does hereby grant a limited non-exclusive unto CONTRACTOR, and CONTRACTOR does
hereby agree to accept upon the terms and conditions hereinafter stated, the right to use that certain
portion of CITY's Waterfront Park, as more particularly described in Exhibit "A" attached hereto
and incorporated herein (hereinafter referred to as the "Premises"). By entering into this
Agreement, the CITY and CONTRACTOR recognize and agree that CONTRACTOR shall
operate and maintain a concession operation for the provision of certain food -related items as
preapproved by CITY and in strict accordance and compliance with the terms, conditions
specifications contained in this Agreement, the City of Clermont RFP 23-033 titled "Waterfront
Park Food Concession Services" and CONTRACTOR's response thereto, the terms and conditions
of the solicitation, CONTRACTORS response and any and all addendum and amendments thereto
are hereby incorporated and made a part hereof.
2. TERM OF LICENSE
The initial term of this License shall begin as of the date of this Agreement and shall expire on
April 11, 2026, unless otherwise terminated hereunder. CONTRACTOR shall have the option,
subject to the conditions contained herein and approval by CITY, to renew the License for three
(3) additional one-year terms. To exercise the option hereunder, CONTRACTOR shall provide to
CITY written notice of its intent to exercise the option at least thirty (30) days prior to the
expiration of the initial term of the License or any renewal term thereafter. Additionally, at the
time of the notice to CITY, CONTRACTOR shall not be in default of any of the conditions of this
Agreement. The CITY shall have the right to not renew the Agreement. In the event that the
CONTRACTOR fails to exercise the option or options as contained herein or the CITY does not
consent to the renewal, the License shall terminate as of the last day of the applicable license
period.
DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
Concession Services License Agreement
RFP 23-033 Waterfront Park Food Concession Services
3. LICENSE AND PERMIT FEE
A. Unless otherwise agreed to by the parties in writing, the CONTRACTOR shall pay to
CITY an annual non-refundable permit fee of FOUR HUNDRED TWENTY DOLLARS
($420.00). Thereafter, the CONTRACTOR shall pay to CITY the annual permit fee
within thirty (30) days of the commencement date of each subsequent term hereunder or
each term under any authorized renewal of this Agreement.
B. In addition to the annual permit fee, CONTRACTOR shall pay to CITY the sum of TWO
HUNDRED DOLLARS ($200.00) for each month, or portion thereof, in which
CONTRACTOR used the Premises commencing April 12, 2023. The payment shall be
made to CITY on or before the Tenth (loth) day of the month immediately following the
month, or a portion, thereof, where CONTRACTOR used the Premises.
4. USE AND CARE OF LICENSES PREMISES
A. The Premises shall be used by CONTRACTOR for the operation and maintenance of the
concession operation, as more specifically described and as contemplated in RFP 23-033
and CONTRACTOR's response thereto. The use shall be in accordance with all
applicable laws and regulations.
B. The CONTRACTOR shall use and occupy the Premises in a safe and proper manner and
shall keep the Premises in a clean and safe condition.
C. CONTRACTOR shall be permitted to sell food products, provided, however, that CITY
shall have the unconditional right to approve the sale of any food products.
D. CONTRACTOR shall operate the concession facility in accordance with all applicable
laws, regulations, and ordinances and shall, unless otherwise agreed in writing, maintain
the operating hours as set forth in RFP 23-033 or as otherwise agreed to by the parties.
Nothing herein shall require the CONTRACTOR to open the concession facility during
inclement weather, subject to approval by CITY, any unforeseen power and/or utility
interruptions, and the following holidays: Thanksgiving Day, Day before Christmas
(Christmas Eve), and Christmas Day.
E. CONTRACTOR acknowledges that from time to time special events are held at
Waterfront Park. The City reserves the right to block out dates, limit hours of operation,
or authorize other vendors that may compete with CONTRACTOR as part of special
events taking place at Waterfront Park. The CONTRACTOR may be required to close or
adjust its hours of operation to accommodate any of these special events. The
CONTRACTOR, however, further acknowledges that the CITY shall have the exclusive
right in determining what shall be considered or defined as a "special event".
Furthermore, the CITY reserves the right to permit concession facilities other than such
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Concession Services License Agreement
RFP 23-033 Waterfront Park Food Concession Services
provided by CONTRACTOR, reasonably restrict access and parking related to the
Premises or other measures as are necessary to accommodate the special events.
5. EFFECTIVE DATE
This License shall be in full force and effect as of April 12, 2023.
6. PEACEFUL OCCUPANCY BY CONTRACTOR
If CONTRACTOR shall fully observe and perform all of the covenants and conditions of this
License on its part to be performed, the CITY hereby covenants and agrees that at all times the
CONTRACTOR shall have the peaceful possession and quiet enjoyment of the Premises during
the term hereof without any manner of interference or hindrance from the CITY or any person or
persons, lawfully claiming by, through or under the CITY. CONTRACTOR agrees to comply with
conditions such as may reasonably be established by the CITY to maintain the security of the
Premises and assets belonging to both the CITY and CONTRACTOR.
7. PAYMENT OF TAXES
The CONTRACTOR agrees that the CONTRACTOR will, during the term of this License, pay
all taxes levied by any governmental taxing authority on machinery or equipment used by the
CONTRACTOR on the Premises and any sales or use tax levied or assessed against the
CONTRACTOR by any governmental taxing authority in connection with CONTRACTOR's use
and occupancy of the Premises, provided however, that the CITY shall reasonably cooperate to
assist CONTRACTOR in minimizing such taxes.
8. PAST DUE REQUIRED PAYMENTS
CONTRACTOR covenants and agrees that any and all arrearage in any payment required
hereunder, shall bear interest from the date upon which such payment became due and payable at
the then prevailing prime rate as announced in the Wall Street Journal or similar publication plus
three percent (3%) per annum, not to exceed the maximum rate permitted by law (the "Default
Rate").
9. INSURANCE — PROVIDED BY CONTRACTOR
A. CONTRACTOR covenants and agrees to provide and maintain, at all times during the
term of this License, policies of insurance insuring CONTRACTOR and CITY against
any and all claims, demands, actions, and causes of action whatsoever for injuries
received and damage to property in connection with the use, occupation, management,
and control of the Premises and the improvements thereon. Such policies of insurance
shall insure CITY and CONTRACTOR in an amount not less than FIVE HUNDRED
THOUSAND DOLLARS ($500,000) to cover claims of any one person from any single
or specific cause that may arise or to be claimed to have arisen against CITY or
CONTRACTOR, as aforesaid. Nothing herein shall be construed as a waiver, either in
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Concession Services License Agreement
RFP 23-033 Waterfront Park Food Concession Services
whole or in part of CITY's right of sovereign immunity as provided by Section 768.28,
Florida Statutes, or its successor.
B. Certificates of the issuance shall be delivered to CITY as evidence of compliance by the
CONTRACTOR with the terms and provisions contained herein. Each of the said
insurance policies shall be issued by a company or companies authorized to do business
in the State of Florida and have an A.M. Best Company Rating of "A" or better and a
Financial Size Category of "VII" or better or as otherwise approved by CITY. Should
CONTRACTOR fail to maintain such insurance in force, the CITY may, but shall not be
obligated to, procure the same and advance funds for the payment of the cost thereof for
and on behalf of CONTRACTOR, and all such payments shall be considered as rent
immediately due, upon written demand therefore and shall be included in any lien for rent
due and unpaid.
C. If during the period in which an insurance company is providing the coverage required by
this License, an insurance company shall: 1) lose its Certificate of Authority, 2) no
longer satisfy the minimum requirements for operating in Florida, or 3) fail to maintain
the Best Rating and Financial Size Category, CONTRACTOR shall, as soon as
CONTRACTOR has knowledge of any such circumstance, promptly notify the CITY and
promptly replace the insurance coverage provided by the insurance company with a
different insurer meeting the requirements of this License. Unless CONTRACTOR
replaces the unacceptable insurer with an insurer that satisfies the requirements of the
above, within fifteen (15) days after receiving actual notice of the shortcomings
concerning the unacceptable insurer, CONTRACTOR shall be deemed in default of this
License.
D. The CITY may review the aforementioned liability coverage at any applicable renewal
period to verify the average market or industry standard for liability insurance related to
the operation of a concession facility to see if there is sufficient liability coverage. If the
CITY, after reviewing of the surveys, acting reasonably, deems the liability coverage is
inadequate, CONTRACTOR shall supply the coverage to CITY, acting reasonably,
deems to be adequate at that period in time. At no time shall liability coverage ever
decrease below what is stipulated in the preceding paragraphs.
10. RULES — COMPLIANCE BY CONTRACTOR
The CONTRACTOR shall, in all material respects, promptly execute and comply with, at its sole
expense, all present and future statutes, ordinances, rules, orders, regulations, and requirements of
the federal, county, city, and state governments and of any and all their departments and bureaus,
which may be applicable to the Premises or CONTRACTOR's use thereof.
DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
Concession Services License Agreement
RFP 23-033 Waterfront Park Food Concession Services
11. HOLD HARMLESS
A. The CONTRACTOR covenants and agrees that CONTRACTOR will indemnify and save
harmless the CITY from and against any and all liability, liens, claims, demands,
damages, expenses, fees, fines, penalties, suits, proceedings, actions, and causes of action
of any kind, whether actual or alleged, arising from or related to, the use, occupation,
management or control by CONTRACTOR of the Premises and the improvements
thereon, or which result from any actual or alleged breach, violation or nonperformance
of any covenant, condition or agreement herein contained on the part of the
CONTRACTOR except for claims based on the willful or negligent acts or inactions of
CITY. To include, but not specifically limited to, any claim, demand, or damages related
to any personal injury or property damage resulting either directly or indirectly from the
use or rental of any equipment of any kind by the CONTRACTOR. The CONTRACTOR
covenants and agrees that the CONTRACTOR will, at the CONTRACTOR's expense,
defend any and all such actions, suits, or proceedings which may be brought against the
CITY or in which the CITY may be named as a party with others in any such action or
proceedings, at all levels, including appeal, to which the CITY may be a party. In the
event of joint negligence on the part of the CITY and CONTRACTOR, any loss and costs
shall be apportioned in accordance with the provisions of Section 768.31, Florida
Statutes, the Uniform Contribution Among Tortfeasors Act, as it exists on the effective
date of this License, subject to the recovery limits set forth in Section 768.28, Florida
Statutes.
B. In the Event the CONTRACTOR fails to perform under the provisions of this Section,
within ten (10) days after due notice, the CITY may at its option, take whatever
reasonable action the CITY reasonably deems necessary to cure the CONTRACTOR's
failure to perform, and the CONTRACTOR agrees to pay the CITY for all damages,
costs, fees, expenses, judgments, charges and reasonable attorneys' fees incurred by the
CITY in exercising it rights under this License.
12. DEFAULT
The following events shall constitute defaults hereunder by the CONTRACTOR:
A. Monetary Default — Failure to pay any amount or other charges required under the
provisions of this License promptly when due.
B. Non -Monetary Default — Failure to fully and promptly perform and comply with each
and every term, provision, covenant, and condition of this License except for a Monetary
Default as defined above.
C. An Event of Default shall have occurred in the event of a Monetary Default by
CONTRACTOR and, unless otherwise provided herein, the continuance of such default
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Concession Services License Agreement
RFP 23-033 Waterfront Park Food Concession Services
for a period of fifteen (15) days after receipt of written notice thereof, or in the event of a
Non -Monetary Default and the continuation of such Default for a period of thirty (30)
days after written notice thereof, the CITY may, at the CITY's option and sole discretion,
and in addition to any other remedy or right given hereunder or by law, without further
demand or notice, terminate this License on the date specified in said notice and retake
possession of the Premises, including all improvements thereon.
D. The remedies set forth above, shall be deemed to be cumulative, and shall not preclude
the CITY from enforcing any other remedy or right provided to the CITY hereunder or
by law. In all events, the CONTRACTOR shall remain liable for the payment of any and
all sums due under this License until paid in full, including, without limitation, all rents,
all expenses for physical damage, reasonable attorneys' fees, and all costs incurred in
enforcing any remedy set forth herein or provided by law or otherwise.
E. Receipt and acceptance by CITY of payments or charges owing by CONTRACTOR shall
not constitute or be deemed to be a waiver by CITY of CITY's rights and remedies
hereunder, nor a cure of CONTRACTOR's default unless (i) the amounts received are in
strict compliance with amounts due to CITY and represent the full amount required, and
(ii) CONTRACTOR is not otherwise subject to an Event of Default under any of the
remaining obligations and requirements imposed upon CONTRACTOR by this License.
13. TERMINATION WITHOUT CAUSE
Notwithstanding the above, CITY shall have the right to terminate this License without cause, at
any time and for any reason upon giving CONTRACTOR ninety (90) days written notice. The
termination shall be effective as of the date set forth in the termination notice.
14. FORCE MAJEURE
Whenever any non -monetary performance is required of CONTRACTOR hereunder, then
CONTRACTOR will be permitted to effect such performance within the time period provided
therefore in this License, or if, for reasons beyond CONTRACTOR's reasonable control
(including, without limitation, acts of God, declared or undeclared war, the existence of injunctions
or requirements for obtaining licenses, permits or other compliance with applicable laws, rules and
regulations), such performance is not reasonably possible within such time periods, then the time
for such performance shall be extended until removal of such reasons beyond CONTRACTOR's
reasonable control, provided that CONTRACTOR commences such performance (or cure) as soon
as reasonably possible and diligently pursues such performance or cure.
15. RIGHTS AND WAIVER OF COVENANTS
The rights of the CITY and CONTRACTOR under this License shall be cumulative and
nonexclusive as to those provided by statute. No consent or waiver by the CITY or
CONTRACTOR to or of any breach of any covenant, condition, or duty of the other shall be
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Concession Services License Agreement
RFP 23-033 Waterfront Park Food Concession Services
construed as a consent to or waiver of any other breach of the same or any other covenant,
condition, or duty. No such consent or waiver shall be valid unless in writing, signed by the CITY
or CONTRACTOR, as the case may be, and no such consent or waiver shall be implied by the
failure of the CITY or CONTRACTOR to declare a forfeiture or for any other reason.
16. ASSIGNMENT OF RIGHTS
CONTRACTOR may not assign, transfer, mortgage, pledge, hypothecate or encumber the rights
granted herein, or interest therein, without the prior written consent of the CITY.
17. SURRENDER OF PREMISES UPON TERMINATION
Except as may otherwise be provided herein, the CONTRACTOR covenants and agrees that upon
the termination of this License, whether by lapse of time or otherwise, it will, at once, peaceably
and quietly, vacate, surrender and deliver up to the CITY, the Premises.
18. TIME
It is covenanted and agreed between the parties hereto that time is of the essence in this License
and this provision shall apply to all terms and conditions contained herein.
19. VALIDITY, PERFORMANCE AND ENFORCEMENT
The laws of the State of Florida shall govern the validity, performance, and enforcement of this
License. The venue for any action hereunder shall be Lake County, Florida. The invalidity or
unenforceability of any provision of this License shall not meet or impair any other provision.
20. MUTAL COVENANTS
Except as hereinbefore or otherwise specifically provided, the covenants, agreements, conditions,
obligations, and provisions herein contained shall extend to, bind, and inure to the benefit of the
parties hereto and their respective personal representatives, heirs, successors and assigns, and
wherever either the word "CITY" or "CONTRACTOR" is used in this License, it shall be deemed
to mean "CITYs" or "CONTRACTORS", respectively, wherever the context permits or requires,
and when the singular and/or neuter pronouns are used herein, the same shall be construed as
including all persons and corporations designated respectively as CITY or CONTRACTOR in the
heading of this instrument wherever the context requires.
21. NO PARTNERSHIP
CITY does not, in any way or for any purpose, become a partner of CONTRACTOR in the conduct
of CONTRACTOR's business or otherwise, or a joint venture, or member of a joint enterprise
with CONTRACTOR.
22. LIABILITY OF CITY
CITY shall not be responsible in any manner for any loss of or damage to the Premises, or injury
to persons resulting from or occurring by reason of any future condition, detect, matter, thing,
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Concession Services License Agreement
RFP 23-033 Waterfront Park Food Concession Services
action or inaction, or for the acts, omissions or negligence of other persons or CONTRACTOR in
or about the Premises unless said injury or loss results from the acts, omissions or negligence of
CITY. Nothing herein shall be construed as a waiver, either in whole or in part of CITY's right of
sovereign immunity as provided by Section 768.2 8, Florida Statutes, or its successor.
23. DISPUTE MEDIATION
Any dispute arising out of this License shall be submitted to non -binding mediation by a duly
qualified and certified mediator practicing in the Fifth Judicial Circuit of Florida, and no action at
law or in equity shall be filed in any state or federal court by either party hereto against the other
until such time as the mediator has declared an impasse.
24. MISCELLANEOUS
A. Records — It is expressly understood and acknowledged by CONTRACTOR that any
records related to the operation or maintenance of the Premises may be considered public
records pursuant to Florida Law. CONTRACTOR covenants that it will comply with all
applicable aspects of Florida's Public Records Act.
B. CONTRACTOR Employee Conduct — CONTRACTOR personnel shall conduct their
actions and business while on the Premises in accordance with all applicable laws,
regulations, and policies established by CONTRACTOR for its employees.
C. Entire Agreement/Severability — This License constitutes the entire agreement between
the Parties with respect to the subject matter contained herein and may not be amended,
modified, or rescinded unless otherwise provided in this License, except in writing and
signed by all parties hereto. Should any provision of this License be declared to be
invalid by any act of law or court or administrative determination, the remaining
provisions of this License shall remain in full force and effect unless such provision
which is found to be invalid substantially alters the benefits of this License for either
Party.
D. Written Notice — Written notice shall be given to the Parties at the following addresses or
such other place or another person, as each Party shall designate by similar notice.
As to CONTRACTOR:
Mister Softee Strong of Central Florida, LLC.
15360 County Rd. 565A, Suite C
Groveland, FL 34736
Attn: Patrick Wright, Manager
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Concession Services License Agreement
RFP 23-033 Waterfront Park Food Concession Services
As to the CITY:
Brian Bulthuis, City Manager
City of Clermont
685 West Montrose Street
Clermont, Florida 34711
With Copy to:
Daniel F. Mantzaris, City Attorney
deBeaubien, Knight, Simmons, Mantzaris and Neal, LLP
332 N. Magnolia Avenue
Orlando, FL 32802-0087
25. CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as if herein
repeated.
Document Precedence:
A. Contract Agreement
B. Purchase Order / Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in RFP 23-033 titled Waterfront Park Food Concession Services
and CONTRACTOR's response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this
March 2023.
CITY OF CLERMONT
Docu Signed by:
431 F57D413554D6...
ATTEST:
DocuSigned by:
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t on this 27th day of
Freddy Suarez, Procurement Services Director Tracy Ackroyd Howe, City Clerk
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DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
MISTER SOFTEE STRONG OF CENTRAL FLORIDA, LLC.
DocuSigned by:
Er� w�
By: F10A0C41EE6C4AB...
(Signature)
Print Name: Patrick Wright
Title: Owner
Date: 3/23/2023
DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
*./.11-3I dV_1 l
Proposed Concessions
Hours of Operations
I will staff our Concessions beginning April 2023 through November 2023 or as deemed
necessary by the City of Clermont. We will service Waterfront Park Saturday's from
11:30a-4p and Sunday's Noon-4p (sometimes longer hours on Saturday and Sunday)
when there are no blackout dates scheduled for the park. We will also service the park
during weekdays from time to time if the park is busy. I reserve the right to close our
concessions operation in the event of inclement weather. Every effort will be made to
cover our normal concession hours. But, at times our ongoing event schedule may
prohibit us from opening. In those situations, we will give advance notice to the Parks
and Recreations Department.
We will offer bottled water, food and non-alcoholic drinks to our customers at Waterfront
Park. During the colder months we do offer hot chocolate and coffee.
r(p
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Our Menu
My wife and I own and operate a mobile Ice Cream Truck and a Food Truck in Clermont
and surrounding areas. We are residents of the City of Clermont, and you can also find
our Ice Cream Truck cruising the neighborhoods because we specialize in serving the
people of our community the very best Ice Cream. Our trucks feature sleek custom
paint jobs, with vibrant graphics and shiny paint that will make the City of Clermont's
residents and visitors happy and excited to approach our Ice Cream Truck and Food
Truck. We desire to give everyone of our customers a great experience. Our friendly
professional staff is committed to servicing the City of Clermont.
Mister Softee Ice Cream Truck
Ice Cream Truck
Soft Serve Ice Cream Cones -(Chocolate, Vanilla, or Swirl)-$3.50-$4.00
Sundaes -(Chocolate, Strawberry, Pineapple, Chocolate Nut, Crushed Cherry, and
Butterscotch)$5.50
Milkshakes-(OREO, Van iIla,Strawberry, Mint, Peach, Blueberry, Pina Colada,
Chocolate, Mango, Coffee, Malt $)( Whipped Cream $1.00)
Banana Boats-$7.00
Waffle Cones-$5.00
Soda Floats-$6.00
Drinks-( Soda $3.00, Water $3.00, and Lemonade $4.00)
Softee Swirls
Oreo-$6.00
Pieces-$6.00
Heath-$6.00
Butterfinger-$6.00
M&M-$6.00
Specialty Items
Dipped Cones-$3.50-$6.00
Oreo Mountain-$5.50
CheeseCake Sundae-$6.00
Pieces Sundae-$5.50
Banana Nut Sundae-$5.50
Reese Sundae-$6.00
Softee Banana Pudding Sundae-$6.00
Softee Frappe-$6.00
Oreo Cone-$5.50
DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
Smores Sundae-$5.50
Chocolate Chocolate-$5.50
Cinnamon Roll Sundae-$5.50
Silly Willy-$5.50
Strawberry ShortCake-$6.00
Cheese Cake-$6.00
Merlin Waffle Cone-$5.00
Mint Chip Cone-$5.00
Blackberry Dream Sundae=$5.50
Toppings $1.00
Rainbow Sprinkles
Chocolate Sprinkles
Fruity Pebbles
Strawberry Crunch
Bubble Gum Crunch
Cherry Dip
Chocolate Dip
Peanuts
Italian ICE
Rainbow-$5.00
Shaved Ice
Blueberry $5.00
Cherry $5.00
Bellv's Food Truck
Hamburger Combo w/Fries-$11.00
Hot Dog-$6.00
Nachos w/cheese-$10.00
Grilled Cheese Sandwich-$6.00
French Fries $6.00
Funnel Cakes $7.00
Chicken Fingers w/Fries $9.00
Soda Spritzers(Strawberry,Mango, Pina Colada, Green Apple, Coke, Dragon Fruit,
Rainbow) $7.00
Bellu's Frappe $7.00
Water $3.00
Soda $3.00
DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
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DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
ALE WONT
a_ Choice of Champions'
City of Clermont
Procurement Services Department
685 W. Montrose Street
Clermont, FL 34711
VENDOR INFORMATION
The following information along with a current W-9 form must be provided to the Procurement Services
Department for all new vendors and when current vendors remit information changes.
Name of Individual or Business: Mister Softee Strong of Central Florida
Contact Person and Title: Patrick Wright (Owner)
Vendor Street Address: 15360 County Road 565A, STE C
Vendor City, State, ZIP: Groveland, FL 34736
Vendor Mailing Address (if different from above):
Vendor Email Address: mistersofteefl@icloud.com
Vendor Email Address for Purchase Order (if different from above):
Phone Number: 407-557-7315
Fax Number:
Taxpayer Identification Number (include a copy of your W9 form): 83-3431188
Remit to Information (if different from above):
Payment Remit to Name:
Payment Remit to Address:
Payment Remit to City, State, ZIP:
Please return the completed Vendor Information along with the required W-9 form by email to:
procurementservices(CD-clermontfl.org
For any questions, please call the Procurement Services Department at (352) 241-7350.
DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
Request For Proposal #RFP 23-033
Title: Waterfront Park Food Concession Services
3. STATEMENT OF WORK
3.1. SCODe of Services
The City of Clermont is seeking proposals from qualified respondents for the provision of
operating concession services at Waterfront Park. The successful respondent(s) must be self
contained and may offer for sale items including fast food, snacks, non-alcoholic beverages,
frozen treats, and related food items. The selected respondent will be responsible for all self-
contained maintenance, electricity, trash, sewer, water, and other utilities required for the
adequate operation of the facility. If needed, electricity and water availability is based on the
agreed upon final location between the successful respondent and the City.
The agreement terms contained in this solicitation shall be part of a final agreement to be
approved by the City Council. Respondents are advised to fully review all terms and conditions
expressed in this solicitation as the contents of that document have precedence in all regards
and will govern the operations of all parties in the provision of the required services.
It is understood that the City may or may not pursue this option depending on economic
conditions and further study.
A. BACKGROUND INFORMATION
1. Clermont's Waterfront Park covers approximately sixteen (16) acres and is located
along Lake Minneola situated between East Avenue and Eight Street. The park
amenities include a paved trail used by walkers and bikers, and alike. There are
playgrounds, bike rentals, a splash park, restroom facilities, picnic areas, a
beachfront swim area, and fishing piers. The Waterfront Park serves as host to a
variety of activities throughout the year including The Great Florida Triathlon and Pig
on the Pond to name a few.
B. CONCESSION LOCATION
1. The City has identified a site location for concession services. See the Waterfront
Proposed Concession for a map of the area. The successful respondent may
propose additional concession areas within the park during the course of the contract
period. All proposed locations must be approved by the City.
C. APPEARANCE OF PREMISES
1. The successful respondent must, at their sole expense, maintain the premises in a
clean, attractive, and orderly condition. The successful respondent will be
responsible for the prompt removal of all trash, litter, and debris which accumulates
on or about the premises which are attributable directly or indirectly to or arising out
of its use, specifically including any litter left by the respondent, its visitors, or
spectators. The successful respondent will deposit all such trash, litter, garbage, and
debris in the containers provided by the City. The successful respondent will be
responsible to bring all trash and garbage from all food service areas to the
designated dumpster or recycling areas, as determined by the City.
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DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
Request For Proposal #RFP 23-033
Title: Waterfront Park Food Concession Services
2. The successful respondent will maintain a "Clean As You Go" attitude in all areas of
the facility that they use. Trash, spills, food service storage containers, and other
debris must be removed immediately to maintain the facility in a fist class condition.
D. PERMIT AND RENTAL FEE
The City will require, each successful respondent, to obtain an annual permit for
each concession location. A non-refundable annual permit fee of $420 ($35 per
month) per location must be paid in full prior to concession operation. Permit fees will
be paid at the Development Services Department located on the first floor of City
Hall, 685 W. Montrose Street, Clermont, FL.
2. The successful respondent must pay the City a rental fee in the sum of $300 per
month plus applicable federal, state and local taxes for the use of the premises.
E. OPERATING HOURS
1. The concession(s) may be open at all appropriate times during regular park hours
from dawn to dusk. The successful respondent must provide proposed hours of
operation with their response. The successful respondent may request authorization
from the City fifteen (15) calendar days in advance to stay open later on special
occasions and holidays.
F. BLOCK OUT DATES
1. The City reserves the right to block out dates, limit hours of operation, or authorize
other vendors that may compete with the successful respondent as part of special
events taking place at Waterfront Park.
G. OPERATING REGULATIONS
1. The successful respondent, must at all times, comply with all rules, regulations, and
ordinances of the City and any other government agency having jurisdiction. The
successful respondent must take all precautions and extreme care to conduct its
activities in a safe and prudent manner with respect to its agents, employees,
members, visitors, and participants in any activity within the premises.
2. The successful respondent is responsible for providing appropriate condiments and
dining accessories to customers that are being sold and/or beverage products from
the concession. Condiments and dining accessories must be provided at no
additional cost to the customer. Such types of condiments and dining accessories
include, but are not limited to the following: ketchup, mustard, mayonnaise, straws,
eating utensils, disposable plates, bags, disposable cups, and napkins.
3. The successful respondent will honor any sponsorship agreements the City enters
into and obey all health and safety rules.
H. MENU AND PRICING
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DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
Request For Proposal #RFP 23-033
Title: Waterfront Park Food Concession Services
1. The successful respondent should be willing to experiment with various menus to
determine what works best.
a. The successful respondent must charge reasonable prices for all food and
beverages. The City reserves the right to review and approve menu items, as
well as the prices to make sure they are fair and reasonable.
b. Only the highest quality of food and drinks must be sold in the concession.
c. There will be no sale or dispensing of alcoholic beverages, tobacco products, or
any other item that is not in consonance with general community standards.
I. MAINTENANCE
1. The successful respondent will be responsible for the following:
a. Keeping the concession area neat, clean, and in good repair;
b. Removing concession -related refuse daily;
c. Arranging seating area and cleaning -up spills;
d. Sweeping, mopping, and cleaning the public area of the concession nightly;
e. Continued daily maintenance of food preparation. The operator must not allow
boxes, cartons, barrels, or similar items to be in the view of the public;
f. Evaluation of maintenance compliance will be at the City's sole discretion. If
found to be in default, the City will issue a letter of non-compliance. The
successful respondent will have two (2) working days to correct non-compliance
items. If not corrected, the successful respondent will be considered in breach of
contract.
J. INSPECTION OF PREMISES
1. For the purposes of inspection, the City reserves the right to enter any part of the
concession area at any time during the period the business is open.
K. LABOR, MATERIALS, AND EQUIPMENT
The successful respondent must furnish all labor, material, and equipment necessary
for satisfactory contract performance. When not specifically identified in the
Statement of Work, such materials and equipment will be of a suitable type and
grade for the purpose. All material, workmanship, and equipment will be subject to
the inspection and approval of the City.
L. 12 — HEALTH STANDARDS
1. The successful respondent must meet all State, County, and local health codes and
acquire all necessary permits and licenses.
M. EMPLOYEE STANDARDS
13
DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810
Request For Proposal #RFP 23-033
Title: Waterfront Park Food Concession Services
1. The successful respondent must ensure a staff that is fully responsible for all on -site
operations to include but not limited to:
a. Courteous service and friendly;
b. To recruit, train, supervise and direct its employees in addition to having a
number of employees to match the work requirements;
c. Every employee must be clean and well groomed and be professional and
friendly to the public. Each employee must have required health examinations
before employment at the concession.
N. PROPOSAL REQUIREMENTS
1. Any and all offers must include the following:
a. Operating Plan: Proposals must include a staffing and operational plan to
address the services listed in the statement of work. This operational plan must
also address procedures and methods that will ensure exceptional service to the
customer of the concession at Waterfront Park.
b. Marketing Plan: Proposals must include a marketing plan indicating services to
be provided, target markets, proposed marketing budget, advertising campaign,
promotions to be offered, or any marketing -related activities.
O. BACKGROUND CHECKS
1. The successful respondent must provide, at their expense, a two (2) year Florida
Department of Law Enforcement (FDLE) Level 1 background check for any and all
employees involved in the performance of the concession services on the City of
Clermont property within ten (10) business days following execution of the contract
and, in the event of employee changes, throughout the term of the agreement. The
documentation must be submitted to the Parks and Recreation Director.
P. DAMAGE TO PUBLIC OR PRIVATE PROPERTY
1. Extreme care must be taken to safeguard all existing facilities, site amenities, etc. on
or around the job site. Damage to public and/or private property will be the
responsibility of the successful respondent and must be repaired and/or replaced at
no additional cost to the City.
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