Contract 2020-003ADocuSign Envelope ID: B4F33948-F241-4D7E-A4E4-E2ED6EB8D09D
S_
WONT
DERC
Choice of Champions"'
March 24, 2023
Patrick Wright, Manager
Mister Softee Strong of Central FL, LLC
15360 County Rd 565A, Suite C
Groveland, FL 34736
FREDDY L. SUAREZ
Procurement Services Director
Procurement Services Department
352-241-7350
fsuarez@clermontfl.org
Re: 3rd and Final Contract Renewal Notice for Hancock Park Concession Services, No. 2020-03
Dear Mr. Wright:
The current awarded period on the above referenced contract is due to expire on April 5, 2023. There is a
provision for an extension in this contract for up to three (3) additional one (1) year terms. It is the intent
of the City to exercise the 3rd and final renewal option and extend the contract for an additional 1-year,
ending on April 5, 2024.
Please check "yes" or "no" at the bottom of this letter, with your signature and date, as to whether you are
interested or not extending the contract for an additional 1-year term. Your response should be received
in the Procurement Services Department no later than ten (10) business days from date of this letter.
Failure to respond will be deemed as silent evidence that your firm is not interested in renewing this
contract. Make sure to send a copy of your insurance certificate stating the City of Clermont as additional
insured to agates(@clermontfl.org.
Please feel free to contact me if you have any questions.
I want to extend the current contract for Hancock Park Concession Services, No. 2020-03, for an additional
one (1) year term at the same terms and conditions.
DocuSigned by:
x Yes No 5 afv(wig 4/4/2023
f W& Lure Date
Patrick Wright Owner
Printed Name of Signer Title of Signer
Comments:
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
#2020-03-A
HANCOCK PARK LICENSE AGREEMENT
THIS AGREEMENT made and entered into this day of YU('V2020, by
and between the CITY OF CLERMONT, whose address is 685 West Montros ee Clermont,
Florida, a Florida Municipal Corporation, (hereinafter referred to as "CITY") and MISTER
SOFTEE STRONG OF CENTRAL FLORIDA, LLC. whose address is 15360 County Road 565A,
Suite C, Groveland, FL (hereinafter referred to as "MISTER SOFTEE"), and upon the terms and
conditions hereinafter stated, and in consideration of the payment hereinafter stipulated and the
performance by the MISTER SOFTEE of the covenants herein contained, the parties agree as
follows:
1. License of Premises
CITY does hereby grant a limited non-exclusive unto MISTER SOFTEE, and MISTER SOFTEE
does hereby agree to the accept upon the terms and conditions hereinafter stated, the right to use
that certain portion of CITY's 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 MISTER SOFTEE recognize and agree that MISTER SOFTEE
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 20-012 titled "Hancock Park
Concession Services" and MISTER SOFTEE's response thereto, the terms and conditions of the
RFP, MISTER SOFTEEs 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 on April 6, 2020 and shall expire on April 5, 2021,
unless otherwise terminated hereunder. MISTER SOFTEE 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, MISTER SOFTEE 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, MISTER SOFTEE 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 MISTER SOFTEE
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 MISTER SOFTEE shall pay to
CITY an annual non-refundable permit fee of FOUR HUNDRED TWENTY
DOLLARS ($420.00). Thereafter, MISTER SOFTEE 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.
B. In addition to the annual permit fee, MISTER SOFTEE shall pay to CITY the sum of
TWO HUNDRED DOLLARS ($200.00) for each month, or portion thereof, in which
MISTER SOFTEE used the Premises commencing April 6, 2020. The payment shall
be made to CITY on or before the Tenth day of the month immediately following the
month, or portion, thereof, where MISTER SOFTEE used the Premises.
4. Use and Care of Licensed Premises
A. The Premises shall be used by MISTER SOFTEE for the operation and
maintenance of the concession operation, as more specifically described and as
contemplated in RFP 20-012 and MISTER SOFTEE's response thereto. The use shall be
in accordance with all applicable laws and regulations.
B. The MISTER SOFTEE shall use and occupy the Premises in a safe and proper
manner and shall keep the Premises in a clean and safe condition.
C. MISTER SOFTEE 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. MISTER SOFTEE 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 20-012 or as otherwise agreed to by the
parties. Nothing herein shall require the MISTER SOFTEE 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. MISTER SOFTEE acknowledges that from time to time special events are held at
Hancock Park. The City reserves the right to block out dates, limit hours of operation, or
authorize other vendors that may compete with MISTER SOFTEE as part of special events
taking place at Hancock Park. MISTER SOFTEE may be required to close or adjust its
hours of operation to accommodate any of these special events. MISTER SOFTEE,
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 MISTER SOFTEE,
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 6, 2020.
6. Peaceful Occupancy by MISTER SOFTEE
If MISTER SOFTEE 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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MISTER SOFTEE 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. MISTER SOFTEE 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 MISTER SOFTEE.
7. Payment of Taxes
The MISTER SOFTEE agrees that the MISTER SOFTEE will, during the term of this License,
pay all taxes levied by any governmental taxing authority on machinery or equipment used by the
MISTER SOFTEE on the Premises and any sales or use tax levied or assessed against the MISTER
SOFTEE by any governmental taxing authority in connection with MISTER SOFTEE's use and
occupancy of the Premises, provided however, that the CITY shall reasonably cooperate to assist
MISTER SOFTEE in minimizing such taxes.
8. Past Due Required Payments
MISTER SOFTEE 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 ky MISTER SOFTEE
A. MISTER SOFTEE covenants and agrees to provide and maintain, at all times
during the term of this License, policies of insurance insuring MISTER SOFTEE 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 MISTER SOFTEE 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 MISTER
SOFTEE, 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 MISTER SOFTEE 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
MISTER SOFTEE 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 MISTER SOFTEE 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, MISTER SOFTEE shall, as soon as MISTER
SOFTEE 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 MISTER SOFTEE 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, MISTER SOFTEE 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, MISTER SOFTEE 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 — Com fiance by MISTER SOFTEE
The MISTER SOFTEE 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 MISTER SOFTEE's use thereof.
11. Hold Harmless
A. The MISTER SOFTEE covenants and agrees that MISTER SOFTEE 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 MISTER SOFTEE 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 MISTER SOFTEE 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 MISTER SOFTEE. The MISTER SOFTEE
covenants and agrees that the MISTER SOFTEE will, at the MISTER SOFTEE'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
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of joint negligence on the part of the CITY and MISTER SOFTEE, 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 MISTER SOFTEE 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 MISTER SOFTEE's
failure to perform, and the MISTER SOFTEE 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 MISTER SOFTEE:
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
MISTER SOFTEE 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 MISTER SOFTEE 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 MISTER
SOFTEE shall not constitute or be deemed to be a waiver by CITY of CITY's rights and
remedies hereunder, nor a cure of MISTER SOFTEE's default unless (i) the amounts
received are in strict compliance with amounts due to CITY and represent the full amount
required; and (ii) MISTER SOFTEE is not otherwise subject to an Event of Default under
any of the remaining obligations and requirements imposed upon MISTER SOFTEE 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 MISTER SOFTEE 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 MISTER SOFTEE hereunder, then
MISTER SOFTEE will be permitted to effect such performance within the time period provided
therefore in this License, or if, for reasons beyond MISTER SOFTEE'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 MISTER SOFTEE's
reasonable control, provided that MISTER SOFTEE commences such performance (or cure) as
soon as reasonably possible and diligently pursues such performance or cure.
15. Ri hts and Waiver of Covenants
The rights of the CITY and MISTER SOFTEE under this License shall be cumulative and
nonexclusive as to those provided by statute. No consent or waiver by the CITY or MISTER
SOFTEE 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 MISTER
SOFTEE, as the case may be, and no such consent or waiver shall be implied by the failure of the
CITY or MISTER SOFTEE to declare a forfeiture or for any other reason.
16. Assignment of Rights
MISTER SOFTEE 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 MISTER SOFTEE 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.
G
19. ValidilL 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 "MISTER SOFTEE" is used in this License, it shall be
deemed to mean "CITYs" or "MISTER SOFTEEs", 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 MISTER SOFTEE
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 MISTER SOFTEE in the
conduct of MISTER SOFTEE's business or otherwise, or a joint venture, or member of a joint
enterprise with MISTER SOFTEE.
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 MISTER SOFTEE
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 MISTER SOFTEE that
any records related to the operation or maintenance of the Premises may be considered
public records pursuant to Florida Law. MISTER SOFTEE covenants that it will comply
with all applicable aspects of Florida's Public Records Act.
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B. MISTER SOFTEE Employee Conduct. MISTER SOFTEE personnel shall conduct
their actions and business while on the Premises in accordance with all applicable laws,
regulations and policies established by MISTER SOFTEE 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 MISTER SOFTEE:
Mister Softee Strong of Central Florida, LLC.
15360 County Rd. 565A, Suite C
Goveland, FL 34736
Attn: Patrick Wright, 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/Severabilit . 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates noted
below.
MISTER SOFTEE STRONG OF CENTRAL
FLORIDA, LLC.
Patrick Wright, M ger
Date:
A
(Name Printed or Typed)
X
CITY OF CLERMONT, FL
A Florida Miggcipal Corporation
Date: 01 ) 0 pap o
Tracy Ackroyd, City Clerk
EXHIBIT A
SECTION — B
STATEMENT OF WORK
The City of Clermont is seeking proposals from qualified respondents for the provision of
operating concession services at 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 is a heavily used park facilities that include athletic fields, tennis
courts, and a playground. Hancock Park hosts a wide variety of sporting events and is
the home to local sports leagues and special events.
2 — CONCESSION LOCATION
Concessions will be located within Hancock 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: 20-012
Page 12 of 38
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 AND RENTAL FEES
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.
The successful respondent shall pay the City a rental fee in the sum of $200 per month,
per facility, for the use of the premises. The monthly rental fee shall be mailed to the
Parks and Recreation Department, 3700 S. Highway 27, Clermont, FL 34711. Checks
must be made payable to City of Clermont and state Hancock Park Concession Services
and month of service.
5 — OPERATING HOURS
The concession(s) may be open Monday through Friday during regular park hours from
7:00 A.M. to 10:00 P.M. 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.
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
RFP No: 20-012
Page 13 of 38
SECTION — B
STATEMENT OF WORK
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.
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.
RFP No: 20-012
Page 14 of 38
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: 20-012
Page 15 of 38
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: 20-012
Page 16 of 38
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Hours of Operations
Mister Softee Strong of Central FL, LLC
We will staff our Concessions beginning March 23,` W through November 31, 20, j We will service
Hancock Park generally M-F when there are no events from 4-9pm. We reserve the right to close our
concessions operation in the event of thunderstorms. Every effort will be made to cover our normal
concessions hour. 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 and non-alcoholic drinks. If we see that there is a demand for food items, we
will explore offering prepackaged food items. Our license through the Dept. of Agriculture only allows
us to serve prepackaged food items. During the colder months we do offer hot chocolate and coffee.
Our Menu:
Mister Softee Strong of Central FL, LLC
is a mobile ice cream truck serving premium soft serve ice cream in Clermont, FL and
surrounding areas. The owners are residents of the City of Clermont. You can also find this Ice
Cream Truck out cruising because we specialize in serving the people of our community. Our
trucks feature a sleek custom paint job, with vibrant graphics and shiny blue wheels that will make
you happy that you hired Mister Softee Strong of Central Florida. Our "Ice Cream Truck "Jingle"
will keep everybody entertained. Our friendly professional staff is committed to servicing you.
Below items on our menu priced from $2-$7.
Soft Serve Ice Cream
Soft Serve Ice Cream Cones: (Cake cones, cup)-sm$2.00 med$3.00
Dipped Cones: sm$3.00 med $4.00
Waffle Cones: $5.00
Sundaes: (Chocolate, Strawberry, Pineapple, Chocolate Nut, Crushed Cherry, Butterscotch)-
$5.00
Milkshakes: (Strawberry, Chocolate, Oreo, Vanilla, Coffee)- 21oz $6.00
Banana Boat- $7.00
Soda Float-$5.00
Cartwheel-$4.00
Specialty Items
Banana Split Milk Shake-21oz $6.00
Oreo Mountain- $5.00
Oreo Waffle Cone- $5.00
Mint Waffle Cone-- $5.00
Yummy Gummy Sundae-$4.00
Toppings- $ .50
Rainbow Sprinkles
Chocolate Sprinkles
Fruity Pebbles
Cinnamon Toast Crunch
Crunches
Cherry Dip
Chocolate Dip
Peanuts/Walnuts
Sundaes $5
Chocolate Cherry Butterscotch Strawberry Carmel Strawberry Shortcake Chocolate
Chocolate Sundae Pineapple Cinnimon Roll Rasberry Dream Blackberry Dream Banananut
Chocolate Nut Sundae Silly Willy
Drinks
Water, Soda, Coffee and Hot Chocolate
Proposal Requirements
Mister Softee Strong of Central FL, LLC
i. Operating Plan:
Mister Softee Strong's Staff members will operate the concession using normal
procedures. The Mini and surrounding areas will be kept clean. In addition to the
non-refundable annual permit fee of $420.00, Mister Softee Strong will pay the City
of Clermont $200.00 a month.
ii. Marketing Plan:
Our focus will be to serve the very best soft serve ice cream to all guest at Hancock
Park. We will utilize our contacts and followers of our social media accounts, and the
City of Clermont local residential contacts to promote the fact that we are now
serving the very best ice cream at Hancock Park.
City of Clermont Bid 20-012
SECTION — K
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
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.
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
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. ❑ Yes ❑
No (Check one)
By 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.
Company Name (print):
Street Address:
Mailing Address Of different)
Telephone:
1XE-9—
Email:
FEIN: -
Signature: r
Print Name: l
Alcmad-,�Qh
Fax: AL Payment Terms: % days, net
Professional. License No.:
Date:
Title:
041
Does the respondent accept payment using the City's MASTERCARD? ❑ Yes ❑ No i
END OF SECTION K
RFP No: 20-012
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