Contract 2019-06A PALATLAKAHA AND HANCOCK PARK LICENSE AGREEMENT
THIS AGREEMENT made and entered into this 16`x' day of February 2019, by and between the
CITY OF CLERMONT,whose address is 685 West Montrose Street, Clermont, Florida, a Florida
Municipal Corporation, (hereinafter referred to as "CITY") and CAJUNSNEAUX, LLC. whose
address is 10501 Vista Pines Loop, Clermont, FL(hereinafter referred to as"CAJUNSNEAUX"),
and upon the terms and conditions hereinafter stated, and in consideration of the payment
hereinafter stipulated and the performance by the CAJUNSNEAUX of the covenants herein
contained, the parties agree as follows:
1. License of Premises
CITY does hereby grant a limited non-exclusive unto CAJUNSNEAUX, and CAJUNSNEAUX
does hereby agree to the accept upon the terms and conditions hereinafter stated, the right to use
that certain portion of CITY's Palatlakaha and Hancock 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 CAJUNSNEAUX recognize and agree that
CAJUNSNEAUX 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 19-002 titled
"Palatlakaha and Hancock Park Concession Services" and CAJUNSNEAUX's response thereto,
the terms and conditions of the RFP, CAJUNSNEAUXs 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
February 15, 2020, unless otherwise terminated hereunder. CAJUNSNEAUX 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, CAJUNSNEAUX 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, CAJUNSNEAUX 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 CAJUNSNEAUX 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 CAJUNSNEAUX shall pay to
CITY an annual non-refundable permit fee of FOUR HUNDRED TWENTY
DOLLARS ($420.00). Thereafter, CAJUNSNEAUX shall pay to CITY the annual
permit fee within thirty (30) days of commencement date of each subsequent term
hereunder or each term under any authorized renewal of this Agreement.
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B. In addition to the annual permit fee, CAJUNSNEAUX shall pay to CITY the sum of
TWO HUNDRED DOLLARS ($200.00) for each month, or portion thereof, in which
CAJUNSNEAUX used the Premises commencing February 16th, 2019. The payment
shall be made to CITY on or before the Tenth day of the month immediately following
the month, or portion, thereof, where CAJUNSNEAUX used the Premises.
4. Use and Care of Licensed Premises
A. The Premises shall be used by CAJUNSNEAUX for the operation and maintenance
of the concession operation, as more specifically described and as contemplated in RFP
19-002 and CAJUNSNEAUX's response thereto. The use shall be in accordance with all
applicable laws and regulations.
B. The CAJUNSNEAUX shall use and occupy the Premises in a safe and proper
manner and shall keep the Premises in a clean and safe condition.
C. CAJUNSNEAUX 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. CAJUNSNEAUX 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 19-002 or as otherwise agreed to by the
parties. Nothing herein shall require the CAJUNSNEAUX 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. CAJUNSNEAUX acknowledges that from time to time special events are held at
Palatlakaha and Hancock Park. The City reserves the right to block out dates, limit hours
of operation, or authorize other vendors that may compete with CAJUNSNEAUX as part
of special events taking place at Palatlakaha and Hancock Park. CAJUNSNEAUX may be
required to close or adjust its hours of operation to accommodate any of these special
events. CAJUNSNEAUX, 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 CAJUNSNEAUX, 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 February 16, 2019.
6. Peaceful Occupancy by CAJUNSNEAUX
If CAJUNSNEAUX 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
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CAJUNSNEAUX 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. CAJUNSNEAUX 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 CAJUNSNEAUX.
7. Payment of Taxes
The CAJUNSNEAUX agrees that the CAJUNSNEAUX will, during the term of this License,pay
all taxes levied by any governmental taxing authority on machinery or equipment used by the
CAJUNSNEAUX on the Premises and any sales or use tax levied or assessed against the
CAJUNSNEAUX by any governmental taxing authority in connection with CAJUNSNEAUX's
use and occupancy of the Premises, provided however, that the CITY shall reasonably cooperate
to assist CAJUNSNEAUX in minimizing such taxes.
8. Past Due Required Payments
CAJUNSNEAUX 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 CAJUNSNEAUX
A. CAJUNSNEAUX covenants and agrees to provide and maintain,at all times during
the term of this License,policies of insurance insuring CAJUNSNEAUX 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 CAJUNSNEAUX 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 CAJUNSNEAUX, 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 CAJUNSNEAUX 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
CAJUNSNEAUX 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 CAJUNSNEAUX and all such payments shall be considered as rent
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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, CAJUNSNEAUX shall, as soon as
CAJUNSNEAUX 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 CAJUNSNEAUX
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, CAJUNSNEAUX 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, CAJUNSNEAUX 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 CAJUNSNEAUX
The CAJUNSNEAUX 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 CAJUNSNEAUX's use thereof.
11. Hold Harmless
A. The CAJUNSNEAUX covenants and agrees that CAJUNSNEAUX 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 CAJUNSNEAUX 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 CAJUNSNEAUX
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 CAJUNSNEAUX. The CAJUNSNEAUX covenants and
agrees that the CAJUNSNEAUX will, at the CAJUNSNEAUX'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
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on the part of the CITY and CAJUNSNEAUX, 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 CAJUNSNEAUX 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 CAJUNSNEAUX's
failure to perform,and the CAJUNSNEAUX 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 CAJUNSNEAUX:
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
CAJUNSNEAUX 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 CAJUNSNEAUX 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
CAJUNSNEAUX shall not constitute or be deemed to be a waiver by CITY of CITY's
rights and remedies hereunder, nor a cure of CAJUNSNEAUX's default unless (i) the
amounts received are in strict compliance with amounts due to CITY and represent the full
amount required; and (ii) CAJUNSNEAUX is not otherwise subject to an Event of Default
under any of the remaining obligations and requirements imposed upon CAJUNSNEAUX
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 CAJUNSNEAUX 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 CAJUNSNEAUX hereunder, then
CAJUNSNEAUX will be permitted to effect such performance within the time period provided
therefore in this License, or if, for reasons beyond CAJUNSNEAUX'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 CAJUNSNEAUX's
reasonable control, provided that CAJUNSNEAUX 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 CAJUNSNEAUX under this License shall be cumulative and
nonexclusive as to those provided by statute. No consent or waiver by the CITY or
CAJUNSNEAUX 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
CAJUNSNEAUX, as the case may be, and no such consent or waiver shall be implied by the
failure of the CITY or CAJUNSNEAUX to declare a forfeiture or for any other reason.
16. Assignment of Rights
CAJUNSNEAUX may not assign, transfer, mortgage, pledge, hypothecate or encumber the rights
granted herein, or an interest therein, without the prior written consent of the CITY.
17. Surrender of Premises Upon Termination
Except as may otherwise be provided herein,the CAJUNSNEAUX 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"CAJUNSNEAUX"is used in this License,it shall be deemed
to mean"CITYs"or"CAJUNSNEAUXs", 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 CAJUNSNEAUX 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 CAJUNSNEAUX in the
conduct of CAJUNSNEAUX's business or otherwise, or a joint venture, or member of a joint
enterprise with CAJUNSNEAUX.
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 CAJUNSNEAUX
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 CAJUNSNEAUX that
any records related to the operation or maintenance of the Premises may be considered
public records pursuant to Florida Law. CAJUNSNEAUX covenants that it will comply
with all applicable aspects of Florida's Public Records Act.
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B. CAJUNSNEAUX Employee Conduct. CAJUNSNEAUX personnel shall conduct
their actions and business while on the Premises in accordance with all applicable laws,
regulations and policies established by CAJUNSNEAUX 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 CAJUNSNEAUX:
Cajunsneaux, LLC.
10501 Vista Pines Loop
Clermont, FL 34711
Attn: David R. Wolfe, Manager
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.
IN 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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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates noted
below.
CAJUNSNEAUX, LLC. CITY O� • RMONT, FL
A . 7 ici s al Corporation
By: By:
David R. Wolfe, Manager Darr: � i y Mana ter
Date: 2 /I Date: a 1811
ATTEST: ATTEST:
By.
(Signature) Tracy Ackroyd, City Clerk
(Name Printed or Typed)
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EXHIBIT A
CajunSneaux
1
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Tab E— Proposed Concession
Our proposal is to provide Shaved Ice (Snoballs) in a variety of flavors and options with
a price range from $3.00 - $6.00, ice cream in a cone or a bowl for $3.00,
We are not a franchise and can expand our
product offering to meet the demand of our customer base. We work from a 6x12 trailer
with a 6 ft. concession window. We require all persons work to be wearing a company
embroidered polo shirt and a company embroidered hat. Our hours of operation will
vary based upon the events in the park but will follow all required hours established by
the city.
Included in this section:
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SECTION — B
STATEMENT OF WORK
The City of Clermont is seeking proposals from qualified respondents for the provision of
operating concession services at Palatlakaha Park and Hancock Park. Successful
respondent(s) shall be self-contained and may offer only frozen dessert 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 Hancock Park and Palatlakaha Park are heavily used park facilities that
include athletic fields, tennis courts, playgrounds and walking trails. They host a wide
variety of sporting events and are the home to local sports leagues and special events.
2 — CONCESSION LOCATION
Concessions will be located within Hancock Park and Palatlakaha Park in an area
approved by the City depending upon the type of scope operations proposed. Successful
respondent may propose additional concession areas within the park during the course
of the contract period. All proposed locations must 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.
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.
RFP No: 19-002
Page 11 of 35
SECTION — B
STATEMENT OF WORK
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 Hancock Park and Palatlakaha 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.
Successful respondent shall honor any sponsorship agreements the City enter into and
obey all health and safety rules.
RFP No: 19-002
Page 12 of 35
SECTION — B
STATEMENT OF WORK
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 frozen desserts. 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 products of the highest quality shall be sold.
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.
All material, workmanship, and equipment shall be subject to the inspection and approval
of the City.
RFP No: 19-002
Page 13 of 35
SECTION — B
STATEMENT OF WORK
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.
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
RFP No: 19-002
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SECTION — B
STATEMENT OF WORK
of the successful respondent and shall be repaired and/or replaced at no additional cost
to the City.
END OF SECTION — B
RFP No: 19-002
Page 15 of 35