2015-85 WATERFRONT PARK LICENSE�� AGREEMENT
THIS AGREEMENT made and entered into this o`r`" day of Sept 2015, by and between
the CITY OF CLERMONT, whose address is 685 West Montrose Street, Clermont, Florida, a
Florida Municipal Corporation, hereinafter"CITY" and Tanko Enterprises, LLC. d/b/a Kona Ice
South Lake County hereinafter "KONA ICE", a Flonda Limited Liability Company, whose
address is 1504 Max Hooks Rd, Suite B, Groveland, FL 34736, and upon the terms and
conditions hereinafter stated, and in consideration of the payment hereinafter stipulated and the
performance by the KONA ICE of the covenants herein contained, the parties agree as follows:
1. License of Premises
CITY does hereby grant a limited non-exclusive unto KONA ICE, and KONA ICE does hereby
agree to the 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 KONA ICE recognize and agree that KONA ICE shall operate and
maintain a concession operation for 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 15-031 "Concession Services at
Waterfront Park and KONA ICE's response thereto, the terms and conditions of the RFP, KONA
ICEs 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
October 31, 2015, unless otherwise terminated hereunder. Thereafter, the Agreement shall
automatically renew for a term commencing on November 1, 2015 and expiring October 31,
2016, unless otherwise terminated hereunder. KONA ICE 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, KONA ICE 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, KONA ICE 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 KONA ICE 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.
3. License and Permit Fee
A. Unless otherwise agreed to by the parties in writing KONA ICE shall pay to CITY an
annual non-refundable permit fee of FOUR HUNDRED TWENTY DOLLARS
($420.00). CITY agrees to waive the annual permit fee for the first term hereunder.
Thereafter, KONA ICE shall pay to CITY the annual permit fee within thirty (30)
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days of 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, KONA ICE shall pay to CITY the sum of
THREE HUNDRED DOLLARS ($300.00) for each month, or portion thereof, in
which KONA ICE used the Premises commencing November 1, 2015. The payment
shall be made to CITY on or before the Tenth day of the month immediately
following the month, or portion, thereof, where KONA ICE used the Premises. CITY
agrees to waive two months fee for the first term hereunder.
4. Use and Care of Licensed Premises
A. The Premises shall be used by KONA ICE for the operation and maintenance of
the concession operation, as more specifically described and as contemplated in RFP 15-
031 and KONA ICE's response thereto. The use shall be in accordance with all
applicable laws and regulations.
B. The KONA ICE shall use and occupy the Premises in a safe and proper manner
and shall keep the Premises in a clean and safe condition.
C. KONA ICE 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. KONA ICE 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 15-031 or as otherwise agreed to by the parties.
Nothing herein shall require the KONA ICE 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. KONA ICE acknowledges that from time to time special events are held at
Waterfront Park. Such events include, but are not limited to, Pig on the Pond and the
Great Florida Triathlon. Some of these events may include the closure of portions or all
of Waterfront Park to the general public. KONA ICE may be required to close or adjust
its hours of operation to accommodate any of these events. KONA ICE, however, further
acknowledges that the CITY shall have the exclusive right in determining what shall be
considered or defined as a "special event." Furthermore, CITY reserves the right to
permit concession facilities other than such provided by KONA ICE, 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 September 0 , 2015.
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6. Peaceful Occupancy by KONA ICE
If KONA ICE 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 KONA
ICE 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. KONA ICE 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 KONA ICE.
7. Payment of Taxes
The KONA ICE agrees that the KONA ICE will, during the term of this License, pay all taxes
levied by any governmental taxing authority on machinery or equipment used by the KONA ICE
on the Premises and any sales or use tax levied or assessed against the KONA ICE by any
governmental taxing authority in connection with KONA ICE's use and occupancy of the
Premises, provided however, that the CITY shall reasonably cooperate to assist KONA ICE in
minimizing such taxes.
8. Past Due Required Payments
KONA ICE 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 KONA ICE
A. KONA ICE covenants and agrees to provide and maintain, at all times during the
term of this License, policies of insurance insuring KONA ICE 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 KONA ICE in an amount not less than ONE MILLION DOLLARS
($1,000,000) 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 KONA ICE, as aforesaid. No
thing herein shall be construed as a waiver, either in whole or in part of CITY's right of
sovereign immunity as provided by Section 768.28, Florida Statutes, or its successor.
B. Certificates of the issuance shall be delivered to CITY as evidence of the
compliance by KONA ICE 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 KONA ICE 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
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for and on behalf of KONA ICE 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 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, KONA ICE shall, as soon as
KONA ICE 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 KONA ICE 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, KONA ICE 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 review of the surveys, acting reasonably, deems the liability
coverage is inadequate, KONA ICE shall supply the coverage 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 KONA ICE
The KONA ICE 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 KONA ICE's use thereof.
11. Hold Harmless
A. The KONA ICE covenants and agrees that KONA ICE 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 KONA ICE 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 KONA ICE 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 KONA ICE. The KONA ICE covenants and agrees that the
KONA ICE will, at the KONA ICE'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
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appeal, to which the CITY may be a party. In the event of joint negligence on the part of
the CITY and KONA ICE, 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 KONA ICE 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 KONA ICE's failure
to perform, and the KONA ICE 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 KONA ICE:
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
KONA ICE and, unless otherwise provided herein, the continuance of such default 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 KONA ICE 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 KONA ICE
shall not constitute or be deemed to be a waiver by CITY of CITY's rights and remedies
hereunder, nor a cure of KONA ICE's default unless (i) the amounts received are in strict
compliance with amounts due to CITY and represent the full amount required; and (ii)
KONA ICE is not otherwise subject to an Event of Default under any of the remaining
obligations and requirements imposed upon KONA ICE by this License.
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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 KONA ICE ninety (90) days written notice. The
termination shall be effective as of the date set forth in the termination notice.
14. Force Maieure
Whenever any non-monetary performance is required of KONA ICE hereunder, then KONA
ICE will be permitted to effect such performance within the time period provided therefore in
this License, or if, for reasons beyond KONA ICE'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 KONA ICE's reasonable
control, provided that KONA ICE 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 KONA ICE under this License shall be cumulative and nonexclusive
as to those provided by statute. No consent or waiver by the CITY or KONA ICE to or of any
breach of any covenant, condition or duty of the other shall be 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 KONA ICE, as the case
may be, and no such consent or waiver shall be implied by the failure of the CITY or KONA ICE
to declare a forfeiture or for any other reason.
16. Assignment of Rights
KONA ICE may not assign, transfer, mortgage, pledge, hypothecate or encumber the rights
granted herein, or an interest therein, without the pnor written consent of the CITY.
17. Surrender of Premises Upon Termination
Except as may otherwise be provided herein, the KONA ICE 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.
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19. Validity, Performance and Enforcement
The laws of the State of Florida shall govern the validity, performance and enforcement of this
License. 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. Mutual 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 "KONA ICE" is used in this License, it shall be deemed to
mean "CITYs" or "KONA ICEs", 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 KONA ICE 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 KONA ICE in the conduct of
KONA ICE's business or otherwise, or a joint venture, or member of a joint enterprise with
KONA ICE.
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,
action or inaction, or for the acts, omissions or negligence of other persons or KONA ICE 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 KONA ICE that
any records related to the operation or maintenance of the Premises may be
considered public records pursuant to Florida Law. KONA ICE covenants that it
will comply with all applicable aspects of Florida's Public Records Act.
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B. KONA ICE Employee Conduct. KONA ICE personnel shall conduct their
actions and business while on the Premises in accordance with all applicable laws,
regulations and policies established by KONA ICE for its employees.
C. Written Notice. Written notice shall be given to the Parties at the following
addresses or such other place or other person, as each Party shall designate by similar
notice.
As to KONA ICE:
Tanko Enterprises, LLC. d/b/a Kona Ice South Lake County
1504 Max Hooks Rd, Suite B,
Groveland, FL 34736
As to the CITY:
Darren Gray, 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
D. 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.
1N WITNESS WHEREOF, the Parties hereto have caused this License to be executed by their
duly authorized officers, and copies delivered to each Party, as of the day and year first above
stated.
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4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates noted
below.
Tanko Enterprises, LLC CITY OF CLERMONT, FL
A Florida M„ icipal Corporation
By: 2‘ By: `/' /_ _ // �
Thomas Tanko, Manager , :ail Ash, Mayor
Date:
91r 0 r- Date: C1. '2v J c
ARREST: ATT ST:
By:
Tracy Ackroyd, City Clerk
9
EXHIBIT A
PROPOSED CONCESSION.
We would use our"Mini" piece of equipment for the concessions at Waterfront Park.
The full-size truck would be used only as our event schedule would permit. The Mini is
self contained and works off of batteries. It is transported in an enclosed trailer which is
pulled by a pick-up truck. The truck and trailer aren't needed during normal operation
and would need to be parked away from the serving site.
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The Mini is typically positioned under a 10x10 canopy along with other
equipment, such as a branded ice caddy.
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RFP No: 15-031 KONA ICE SOUTH LAKE COUNTY 7
Kona Ice staff are instructed to be well groomed at all times. No smoking is allowed
white on duty. Staff will wear Kona ice branded shirts with either neat shorts or jeans
and closed toe shoes.
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RFP No: 15-031 KONA ICE SOUTH LAKE COUNTY 8
Guests will choose from four serving sizes; we shave the ice into the cup and they flavor
it themselves using the patented Flavorwave on the side the Mini. The Mini offers a
selection of 6 flavorings. We will offer sugar-free and dye-free flavors using pour
bottles.
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We will also offer bottled water and bottled non-alcoholic drinks. If we see there is a
demand for food items, we will explore offering pre-packed food items. Our license
through the Department of Agriculture only allows us to sell pre-packaged foods.
During cooler weather we typically offer hot chocolate and coffee but power would be
needed for those appliances.
Hours of operation:
We would staff our concession March 27 through October 31 on Saturdays and Sundays
from 10:00 a.m. to 5:00 p.m. We reserve the right to close the concession in the event
of thunderstorms. 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
will give advance notice to the Parks and Recreation Department.
RFP No: 15-031 KONA ICE SOUTH LAKE COUNTY 1
(page revised 9/2/2015)
Proposal Requirements
i. Operating Plan:
One Kona Ice staff member will operate the concession using normal
procedures. The Mini and surrounding area will be kept clean.
In addition to the non-refundable Annual Permit fee of$420, Kona Ice will pay the
City of Clermont$300 a month.
ii. Marketing Plan:
Our focus will be on the younger visitors to Champions Splash Park. We'll utilize
our contacts with area schools and day cares to promote the fact that we serve at
Splash Park on the weekends.
We will actively promote this concession through social media.
We will work with the South Lake Chamber of Commerce to schedule a Grand
Opening event.
Company Experience
Years of experience: 1-1/2 years
Scope of service: We operate a self-contained vehicle and serve shaved ice,
bottled water and, during cooler weather, hot chocolate and-
coffee.
rtdcoffee. We're a totally mobile business with two trucks and
one Mini (cart size piece of equipment).
Responsible parties: Tom Tanko
(352) 988-7554
Linda Tanko
(407) 733-6110
RFP No: 15-031 KONA ICE SOUTH LAKE COUNTY 5
JI
SECTION -J
fi SIGNATURE PAGE
By signing this section the respondent certifies that:
1. It satisfies all legal requirements (as an entity) to do business with the City.
2. The undersigned respondent acknowledges that award of a contract may be
I contingent upon a determination by the City and that the respondent has the
capacity and capability to successfully perform the contract.
3. The proposer hereby certifies that it understands all requirements of this
solicitation, and that the undersigned individual is duly authorized to execute this
proposal document and any contract(s) and/or other transactions required by
award of this solicitation.
: 1
Purchasing Agreements with Other Government Agencies
This section is optional and will not affect contract award. If the City of Clermont awarded
your company, would your company sell under the same terms and conditions, for the
1 same price, to other governmental agencies in the State of Florida? Each governmental
agency desiring to accept to utilize this contract shall be responsible for its own purchases
and shall be liable only for materials or services ordered and received by it. 0 Yes 121
No (Check one)
IBy signing below,the respondent agrees to all terms,conditions,and specifications as stated in this solicitation,and Is
acting in an authorized capacity to execute this response.The respondent also certifies that it can and will provide and
make available,at a minimum,the items set forth in this solicitation:
Respondent Information and Signature
Company Name(print): O'r- TCe_ 3o .r� L _ Cpu n
Street Address:
1604- Mol 141:50 eR.o Ld S -t &T Opb f andFL 3I78 ,
Mailing Address(if different):
Telephone: (2 7) q Sa-7S c 4 Fax
Email: TLTAKI KD(1KON -X .. CCM Payment Terms: days,net
FEIN: 3p - oe,p 557 3 Professional.License No.:
Signature: cjtieeDate: �p 2ct f 20 is
Print Name: �f j 1,j > Title: Ma„2.3„,
Does the respondent accept payment using the City's MASTERCARD? Yes 0 No
END OF SECTION J
RFP No: 15-031
Page 35 of 36
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EXHIBIT B
SECTION — B
STATEMENT OF WORK
The City of Clermont is seeking proposals from qualified respondents for the provision of
operating concession services at Waterfront Park. Successful respondent(s) shall be
self-contained and may offer for sale items to include fast food, snacks, non-alcoholic
beverages, frozen treats and related food items. Respondent shall be responsible for all
self-contained maintenance, electricity, trash, sewer, water and other utilities required for
adequate operation of the facility. If needed, electricity and water availability is based on
agreed upon final facility 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.
1 — BACKGROUND INFORMATION
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, beach front 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.
2 —CONCESSION LOCATION
The City has identified a site location for concession services. See Section K of this
solicitation for an area map. Successful respondent may propose additional concession
areas within the park during the course of the contract period. All proposed locations
shall be approved the City.
3—APPEARANCE OF PREMISES
Successful respondent shall, at its sole expense, maintain the premises in a clean,
attractive and orderly condition. The successful respondent shall be responsible for the
prompt removal of all trash, litter, and debris which accumulates on or about the premises
which is attributable directly or indirectly to or arising out if its use, specifically including
any litter left by the respondent, its visitors or spectators. The successful respondent shall
deposit all such trash, litter, garbage and debris in the containers provided by the City.
RFP No: 15-031
Page 11 of 36
SECTION — B
STATEMENT OF WORK
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.
Successful respondent shall 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.
4— PERMIT FEE
The City will require, from 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 shall be paid in-full prior to concession operation. Permit fees shall be paid
at the Development Services Department located on the first floor of City Hall, 685 W.
Montrose Street, Clermont, FL.
5— OPERATING HOURS
The concession(s) may be open at all appropriate times during regular park hours from
dawn to dusk. Respondent shall provide proposed hours of operation with their response.
Successful respondent may request authorization from the City fifteen (15)calendar days
in advance to stay open later on special occasions and holidays.
6— BLOCK OUT DATES
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.
7 —OPERATING REGULATIONS
Successful respondent, shall at all times, comply with all rules, regulations and
ordinances if City and any other government agency having jurisdiction. Successful
respondent shall 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.
Successful respondent shall be 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 shall 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.
RFP No: 15-031
Page 12 of 36
SECTION — B
STATEMENT OF WORK
Successful respondent shall honor any sponsorship agreements the City enter into and
obey all health and safety rules.
8— MENU AND PRICING
Successful respondent should be willing to experiment with various menus to determine
what works best.
1. Respondent shall 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.
2. Only the highest quality of food and drinks shall be sold in the concession.
3. 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.
9— MAINTENANCE
Successful respondent shall be responsible for the following:
• Keeping the concession area neat, clean and in good repair;
• Removing concession-related refuse daily;
• Arranging seating area and cleaning-up spills;
• Sweeping, mopping and cleaning the public area of the concession nightly;
• Continued daily maintenance of food preparation. Operator shall not allow boxes,
cartons, barrels or similar items to be in the view of the public;
• 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 vendor will have
two (2)working days to correct non-compliance items. If not corrected, vendor will
be considered in breach of contract.
10 — INSPECTION OF PREMISES
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.
11 — LABOR. MATERIALS, AND EQUIPMENT
Successful respondent shall furnish all labor, material, and equipment necessary for
satisfactory contract performance. When not specifically identified in the Statement of
Work, such materials and equipment shall be of a suitable type and grade for the purpose.
RFP No- 15-031
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SECTION — B
STATEMENT OF WORK
All material, workmanship, and equipment shall be subject to the inspection and approval
of the City.
12 — HEALTH STANDARDS
Successful respondent shall meet all State, County and local health code and acquire all
necessary permits and licenses.
13 — EMPLOYEE STANDARDS
Successful respondent shall ensure a staff that is fully responsible for all on-site
operations to include but not limited to:
• Courteous service and friendly;
• To recruit, train, supervise and direct its employees in additions to having a number
of employees to match the work requirements;
• Every employee will be clean and well groomed and be professional and friendly
to the public. Each employee shall have required health examinations before
employment at the concession.
14— PROPOSAL REQUIREMENTS
Any and all offers must include the following:
• 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.
• 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.
15— BACKGROUND CHECKS
Successful respondent shall provide, at their expense, a two (2) year Florida Department
of Law Enforcement (FDLE) Level 1 background check for any and all employees of the
successful respondent involved in the performance of this contract on the City of Clermont
property within ten (10) business days following execution of agreement and, in the event
of employee changes, throughout the term of the agreement. Documentation must be
submitted to the Parks and Recreation Director.
RFP No. 15-031
Page 14 of 36
SECTION — B
STATEMENT OF WORK
16— DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard all existing facilities, site amenities, etc. on or
around the job site. Damage to public and/or private property shall be the responsibility
of the successful respondent and shall be repaired and/or replaced at no additional cost
to the City.
END OF SECTION — B
RFP No 15-031
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