Loading...
Contract 2023-036ADocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 2023-036 LICENSE AGREEMENT No. 2023-036 WATERFRONT PARK FOOD CONCESSION SERVICES THIS AGREEMENT, is made and entered into this 12th day of April 2023, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and MISTER SOFTEE STRONG OF CENTRAL FLORIDA, LLC., whose address is: 15360 County R. 565A, Suite C, Groveland, FL 34736, (hereinafter referred to as "CONTRACTOR"), and upon the terms and conditions hereinafter stated, and in consideration of the payment hereinafter stipulated and the performance by the CONTRACTOR of the covenants herein contained, the parties agree as follows: 1. LICENSE OF PREMISES CITY does hereby grant a limited non-exclusive unto CONTRACTOR, and CONTRACTOR does hereby agree to accept upon the terms and conditions hereinafter stated, the right to use that certain portion of CITY's Waterfront Park, as more particularly described in Exhibit "A" attached hereto and incorporated herein (hereinafter referred to as the "Premises"). By entering into this Agreement, the CITY and CONTRACTOR recognize and agree that CONTRACTOR shall operate and maintain a concession operation for the provision of certain food -related items as preapproved by CITY and in strict accordance and compliance with the terms, conditions specifications contained in this Agreement, the City of Clermont RFP 23-033 titled "Waterfront Park Food Concession Services" and CONTRACTOR's response thereto, the terms and conditions of the solicitation, CONTRACTORS response and any and all addendum and amendments thereto are hereby incorporated and made a part hereof. 2. TERM OF LICENSE The initial term of this License shall begin as of the date of this Agreement and shall expire on April 11, 2026, unless otherwise terminated hereunder. CONTRACTOR shall have the option, subject to the conditions contained herein and approval by CITY, to renew the License for three (3) additional one-year terms. To exercise the option hereunder, CONTRACTOR shall provide to CITY written notice of its intent to exercise the option at least thirty (30) days prior to the expiration of the initial term of the License or any renewal term thereafter. Additionally, at the time of the notice to CITY, CONTRACTOR shall not be in default of any of the conditions of this Agreement. The CITY shall have the right to not renew the Agreement. In the event that the CONTRACTOR fails to exercise the option or options as contained herein or the CITY does not consent to the renewal, the License shall terminate as of the last day of the applicable license period. DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Concession Services License Agreement RFP 23-033 Waterfront Park Food Concession Services 3. LICENSE AND PERMIT FEE A. Unless otherwise agreed to by the parties in writing, the CONTRACTOR shall pay to CITY an annual non-refundable permit fee of FOUR HUNDRED TWENTY DOLLARS ($420.00). Thereafter, the CONTRACTOR shall pay to CITY the annual permit fee within thirty (30) days of the commencement date of each subsequent term hereunder or each term under any authorized renewal of this Agreement. B. In addition to the annual permit fee, CONTRACTOR shall pay to CITY the sum of TWO HUNDRED DOLLARS ($200.00) for each month, or portion thereof, in which CONTRACTOR used the Premises commencing April 12, 2023. The payment shall be made to CITY on or before the Tenth (loth) day of the month immediately following the month, or a portion, thereof, where CONTRACTOR used the Premises. 4. USE AND CARE OF LICENSES PREMISES A. The Premises shall be used by CONTRACTOR for the operation and maintenance of the concession operation, as more specifically described and as contemplated in RFP 23-033 and CONTRACTOR's response thereto. The use shall be in accordance with all applicable laws and regulations. B. The CONTRACTOR shall use and occupy the Premises in a safe and proper manner and shall keep the Premises in a clean and safe condition. C. CONTRACTOR shall be permitted to sell food products, provided, however, that CITY shall have the unconditional right to approve the sale of any food products. D. CONTRACTOR shall operate the concession facility in accordance with all applicable laws, regulations, and ordinances and shall, unless otherwise agreed in writing, maintain the operating hours as set forth in RFP 23-033 or as otherwise agreed to by the parties. Nothing herein shall require the CONTRACTOR to open the concession facility during inclement weather, subject to approval by CITY, any unforeseen power and/or utility interruptions, and the following holidays: Thanksgiving Day, Day before Christmas (Christmas Eve), and Christmas Day. E. CONTRACTOR acknowledges that from time to time special events are held at Waterfront Park. The City reserves the right to block out dates, limit hours of operation, or authorize other vendors that may compete with CONTRACTOR as part of special events taking place at Waterfront Park. The CONTRACTOR may be required to close or adjust its hours of operation to accommodate any of these special events. The CONTRACTOR, however, further acknowledges that the CITY shall have the exclusive right in determining what shall be considered or defined as a "special event". Furthermore, the CITY reserves the right to permit concession facilities other than such 1 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Concession Services License Agreement RFP 23-033 Waterfront Park Food Concession Services provided by CONTRACTOR, reasonably restrict access and parking related to the Premises or other measures as are necessary to accommodate the special events. 5. EFFECTIVE DATE This License shall be in full force and effect as of April 12, 2023. 6. PEACEFUL OCCUPANCY BY CONTRACTOR If CONTRACTOR shall fully observe and perform all of the covenants and conditions of this License on its part to be performed, the CITY hereby covenants and agrees that at all times the CONTRACTOR shall have the peaceful possession and quiet enjoyment of the Premises during the term hereof without any manner of interference or hindrance from the CITY or any person or persons, lawfully claiming by, through or under the CITY. CONTRACTOR agrees to comply with conditions such as may reasonably be established by the CITY to maintain the security of the Premises and assets belonging to both the CITY and CONTRACTOR. 7. PAYMENT OF TAXES The CONTRACTOR agrees that the CONTRACTOR will, during the term of this License, pay all taxes levied by any governmental taxing authority on machinery or equipment used by the CONTRACTOR on the Premises and any sales or use tax levied or assessed against the CONTRACTOR by any governmental taxing authority in connection with CONTRACTOR's use and occupancy of the Premises, provided however, that the CITY shall reasonably cooperate to assist CONTRACTOR in minimizing such taxes. 8. PAST DUE REQUIRED PAYMENTS CONTRACTOR covenants and agrees that any and all arrearage in any payment required hereunder, shall bear interest from the date upon which such payment became due and payable at the then prevailing prime rate as announced in the Wall Street Journal or similar publication plus three percent (3%) per annum, not to exceed the maximum rate permitted by law (the "Default Rate"). 9. INSURANCE — PROVIDED BY CONTRACTOR A. CONTRACTOR covenants and agrees to provide and maintain, at all times during the term of this License, policies of insurance insuring CONTRACTOR and CITY against any and all claims, demands, actions, and causes of action whatsoever for injuries received and damage to property in connection with the use, occupation, management, and control of the Premises and the improvements thereon. Such policies of insurance shall insure CITY and CONTRACTOR in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) to cover claims of any one person from any single or specific cause that may arise or to be claimed to have arisen against CITY or CONTRACTOR, as aforesaid. Nothing herein shall be construed as a waiver, either in 2 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Concession Services License Agreement RFP 23-033 Waterfront Park Food Concession Services whole or in part of CITY's right of sovereign immunity as provided by Section 768.28, Florida Statutes, or its successor. B. Certificates of the issuance shall be delivered to CITY as evidence of compliance by the CONTRACTOR with the terms and provisions contained herein. Each of the said insurance policies shall be issued by a company or companies authorized to do business in the State of Florida and have an A.M. Best Company Rating of "A" or better and a Financial Size Category of "VII" or better or as otherwise approved by CITY. Should CONTRACTOR fail to maintain such insurance in force, the CITY may, but shall not be obligated to, procure the same and advance funds for the payment of the cost thereof for and on behalf of CONTRACTOR, and all such payments shall be considered as rent immediately due, upon written demand therefore and shall be included in any lien for rent due and unpaid. C. If during the period in which an insurance company is providing the coverage required by this License, an insurance company shall: 1) lose its Certificate of Authority, 2) no longer satisfy the minimum requirements for operating in Florida, or 3) fail to maintain the Best Rating and Financial Size Category, CONTRACTOR shall, as soon as CONTRACTOR has knowledge of any such circumstance, promptly notify the CITY and promptly replace the insurance coverage provided by the insurance company with a different insurer meeting the requirements of this License. Unless CONTRACTOR replaces the unacceptable insurer with an insurer that satisfies the requirements of the above, within fifteen (15) days after receiving actual notice of the shortcomings concerning the unacceptable insurer, CONTRACTOR shall be deemed in default of this License. D. The CITY may review the aforementioned liability coverage at any applicable renewal period to verify the average market or industry standard for liability insurance related to the operation of a concession facility to see if there is sufficient liability coverage. If the CITY, after reviewing of the surveys, acting reasonably, deems the liability coverage is inadequate, CONTRACTOR shall supply the coverage to CITY, acting reasonably, deems to be adequate at that period in time. At no time shall liability coverage ever decrease below what is stipulated in the preceding paragraphs. 10. RULES — COMPLIANCE BY CONTRACTOR The CONTRACTOR shall, in all material respects, promptly execute and comply with, at its sole expense, all present and future statutes, ordinances, rules, orders, regulations, and requirements of the federal, county, city, and state governments and of any and all their departments and bureaus, which may be applicable to the Premises or CONTRACTOR's use thereof. DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Concession Services License Agreement RFP 23-033 Waterfront Park Food Concession Services 11. HOLD HARMLESS A. The CONTRACTOR covenants and agrees that CONTRACTOR will indemnify and save harmless the CITY from and against any and all liability, liens, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and causes of action of any kind, whether actual or alleged, arising from or related to, the use, occupation, management or control by CONTRACTOR of the Premises and the improvements thereon, or which result from any actual or alleged breach, violation or nonperformance of any covenant, condition or agreement herein contained on the part of the CONTRACTOR except for claims based on the willful or negligent acts or inactions of CITY. To include, but not specifically limited to, any claim, demand, or damages related to any personal injury or property damage resulting either directly or indirectly from the use or rental of any equipment of any kind by the CONTRACTOR. The CONTRACTOR covenants and agrees that the CONTRACTOR will, at the CONTRACTOR's expense, defend any and all such actions, suits, or proceedings which may be brought against the CITY or in which the CITY may be named as a party with others in any such action or proceedings, at all levels, including appeal, to which the CITY may be a party. In the event of joint negligence on the part of the CITY and CONTRACTOR, any loss and costs shall be apportioned in accordance with the provisions of Section 768.31, Florida Statutes, the Uniform Contribution Among Tortfeasors Act, as it exists on the effective date of this License, subject to the recovery limits set forth in Section 768.28, Florida Statutes. B. In the Event the CONTRACTOR fails to perform under the provisions of this Section, within ten (10) days after due notice, the CITY may at its option, take whatever reasonable action the CITY reasonably deems necessary to cure the CONTRACTOR's failure to perform, and the CONTRACTOR agrees to pay the CITY for all damages, costs, fees, expenses, judgments, charges and reasonable attorneys' fees incurred by the CITY in exercising it rights under this License. 12. DEFAULT The following events shall constitute defaults hereunder by the CONTRACTOR: A. Monetary Default — Failure to pay any amount or other charges required under the provisions of this License promptly when due. B. Non -Monetary Default — Failure to fully and promptly perform and comply with each and every term, provision, covenant, and condition of this License except for a Monetary Default as defined above. C. An Event of Default shall have occurred in the event of a Monetary Default by CONTRACTOR and, unless otherwise provided herein, the continuance of such default 4 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Concession Services License Agreement RFP 23-033 Waterfront Park Food Concession Services for a period of fifteen (15) days after receipt of written notice thereof, or in the event of a Non -Monetary Default and the continuation of such Default for a period of thirty (30) days after written notice thereof, the CITY may, at the CITY's option and sole discretion, and in addition to any other remedy or right given hereunder or by law, without further demand or notice, terminate this License on the date specified in said notice and retake possession of the Premises, including all improvements thereon. D. The remedies set forth above, shall be deemed to be cumulative, and shall not preclude the CITY from enforcing any other remedy or right provided to the CITY hereunder or by law. In all events, the CONTRACTOR shall remain liable for the payment of any and all sums due under this License until paid in full, including, without limitation, all rents, all expenses for physical damage, reasonable attorneys' fees, and all costs incurred in enforcing any remedy set forth herein or provided by law or otherwise. E. Receipt and acceptance by CITY of payments or charges owing by CONTRACTOR shall not constitute or be deemed to be a waiver by CITY of CITY's rights and remedies hereunder, nor a cure of CONTRACTOR's default unless (i) the amounts received are in strict compliance with amounts due to CITY and represent the full amount required, and (ii) CONTRACTOR is not otherwise subject to an Event of Default under any of the remaining obligations and requirements imposed upon CONTRACTOR by this License. 13. TERMINATION WITHOUT CAUSE Notwithstanding the above, CITY shall have the right to terminate this License without cause, at any time and for any reason upon giving CONTRACTOR ninety (90) days written notice. The termination shall be effective as of the date set forth in the termination notice. 14. FORCE MAJEURE Whenever any non -monetary performance is required of CONTRACTOR hereunder, then CONTRACTOR will be permitted to effect such performance within the time period provided therefore in this License, or if, for reasons beyond CONTRACTOR's reasonable control (including, without limitation, acts of God, declared or undeclared war, the existence of injunctions or requirements for obtaining licenses, permits or other compliance with applicable laws, rules and regulations), such performance is not reasonably possible within such time periods, then the time for such performance shall be extended until removal of such reasons beyond CONTRACTOR's reasonable control, provided that CONTRACTOR commences such performance (or cure) as soon as reasonably possible and diligently pursues such performance or cure. 15. RIGHTS AND WAIVER OF COVENANTS The rights of the CITY and CONTRACTOR under this License shall be cumulative and nonexclusive as to those provided by statute. No consent or waiver by the CITY or CONTRACTOR to or of any breach of any covenant, condition, or duty of the other shall be 5 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Concession Services License Agreement RFP 23-033 Waterfront Park Food Concession Services construed as a consent to or waiver of any other breach of the same or any other covenant, condition, or duty. No such consent or waiver shall be valid unless in writing, signed by the CITY or CONTRACTOR, as the case may be, and no such consent or waiver shall be implied by the failure of the CITY or CONTRACTOR to declare a forfeiture or for any other reason. 16. ASSIGNMENT OF RIGHTS CONTRACTOR may not assign, transfer, mortgage, pledge, hypothecate or encumber the rights granted herein, or interest therein, without the prior written consent of the CITY. 17. SURRENDER OF PREMISES UPON TERMINATION Except as may otherwise be provided herein, the CONTRACTOR covenants and agrees that upon the termination of this License, whether by lapse of time or otherwise, it will, at once, peaceably and quietly, vacate, surrender and deliver up to the CITY, the Premises. 18. TIME It is covenanted and agreed between the parties hereto that time is of the essence in this License and this provision shall apply to all terms and conditions contained herein. 19. VALIDITY, PERFORMANCE AND ENFORCEMENT The laws of the State of Florida shall govern the validity, performance, and enforcement of this License. The venue for any action hereunder shall be Lake County, Florida. The invalidity or unenforceability of any provision of this License shall not meet or impair any other provision. 20. MUTAL COVENANTS Except as hereinbefore or otherwise specifically provided, the covenants, agreements, conditions, obligations, and provisions herein contained shall extend to, bind, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns, and wherever either the word "CITY" or "CONTRACTOR" is used in this License, it shall be deemed to mean "CITYs" or "CONTRACTORS", respectively, wherever the context permits or requires, and when the singular and/or neuter pronouns are used herein, the same shall be construed as including all persons and corporations designated respectively as CITY or CONTRACTOR in the heading of this instrument wherever the context requires. 21. NO PARTNERSHIP CITY does not, in any way or for any purpose, become a partner of CONTRACTOR in the conduct of CONTRACTOR's business or otherwise, or a joint venture, or member of a joint enterprise with CONTRACTOR. 22. LIABILITY OF CITY CITY shall not be responsible in any manner for any loss of or damage to the Premises, or injury to persons resulting from or occurring by reason of any future condition, detect, matter, thing, 11 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Concession Services License Agreement RFP 23-033 Waterfront Park Food Concession Services action or inaction, or for the acts, omissions or negligence of other persons or CONTRACTOR in or about the Premises unless said injury or loss results from the acts, omissions or negligence of CITY. Nothing herein shall be construed as a waiver, either in whole or in part of CITY's right of sovereign immunity as provided by Section 768.2 8, Florida Statutes, or its successor. 23. DISPUTE MEDIATION Any dispute arising out of this License shall be submitted to non -binding mediation by a duly qualified and certified mediator practicing in the Fifth Judicial Circuit of Florida, and no action at law or in equity shall be filed in any state or federal court by either party hereto against the other until such time as the mediator has declared an impasse. 24. MISCELLANEOUS A. Records — It is expressly understood and acknowledged by CONTRACTOR that any records related to the operation or maintenance of the Premises may be considered public records pursuant to Florida Law. CONTRACTOR covenants that it will comply with all applicable aspects of Florida's Public Records Act. B. CONTRACTOR Employee Conduct — CONTRACTOR personnel shall conduct their actions and business while on the Premises in accordance with all applicable laws, regulations, and policies established by CONTRACTOR for its employees. C. Entire Agreement/Severability — This License constitutes the entire agreement between the Parties with respect to the subject matter contained herein and may not be amended, modified, or rescinded unless otherwise provided in this License, except in writing and signed by all parties hereto. Should any provision of this License be declared to be invalid by any act of law or court or administrative determination, the remaining provisions of this License shall remain in full force and effect unless such provision which is found to be invalid substantially alters the benefits of this License for either Party. D. Written Notice — Written notice shall be given to the Parties at the following addresses or such other place or another person, as each Party shall designate by similar notice. As to CONTRACTOR: Mister Softee Strong of Central Florida, LLC. 15360 County Rd. 565A, Suite C Groveland, FL 34736 Attn: Patrick Wright, Manager 7 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Concession Services License Agreement RFP 23-033 Waterfront Park Food Concession Services As to the CITY: Brian Bulthuis, City Manager City of Clermont 685 West Montrose Street Clermont, Florida 34711 With Copy to: Daniel F. Mantzaris, City Attorney deBeaubien, Knight, Simmons, Mantzaris and Neal, LLP 332 N. Magnolia Avenue Orlando, FL 32802-0087 25. CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: A. Contract Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in RFP 23-033 titled Waterfront Park Food Concession Services and CONTRACTOR's response thereto. IN WITNESS WHEREOF, the parties hereto have executed this March 2023. CITY OF CLERMONT Docu Signed by: 431 F57D413554D6... ATTEST: DocuSigned by: T A '2Afl7FgAQn5R7ddA — DS t on this 27th day of Freddy Suarez, Procurement Services Director Tracy Ackroyd Howe, City Clerk 8 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 MISTER SOFTEE STRONG OF CENTRAL FLORIDA, LLC. DocuSigned by: Er� w� By: F10A0C41EE6C4AB... (Signature) Print Name: Patrick Wright Title: Owner Date: 3/23/2023 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 *./.11-3I dV_1 l Proposed Concessions Hours of Operations I will staff our Concessions beginning April 2023 through November 2023 or as deemed necessary by the City of Clermont. We will service Waterfront Park Saturday's from 11:30a-4p and Sunday's Noon-4p (sometimes longer hours on Saturday and Sunday) when there are no blackout dates scheduled for the park. We will also service the park during weekdays from time to time if the park is busy. I reserve the right to close our concessions operation in the event of inclement weather. Every effort will be made to cover our normal concession hours. But, at times our ongoing event schedule may prohibit us from opening. In those situations, we will give advance notice to the Parks and Recreations Department. We will offer bottled water, food and non-alcoholic drinks to our customers at Waterfront Park. During the colder months we do offer hot chocolate and coffee. r(p DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Our Menu My wife and I own and operate a mobile Ice Cream Truck and a Food Truck in Clermont and surrounding areas. We are residents of the City of Clermont, and you can also find our Ice Cream Truck cruising the neighborhoods because we specialize in serving the people of our community the very best Ice Cream. Our trucks feature sleek custom paint jobs, with vibrant graphics and shiny paint that will make the City of Clermont's residents and visitors happy and excited to approach our Ice Cream Truck and Food Truck. We desire to give everyone of our customers a great experience. Our friendly professional staff is committed to servicing the City of Clermont. Mister Softee Ice Cream Truck Ice Cream Truck Soft Serve Ice Cream Cones -(Chocolate, Vanilla, or Swirl)-$3.50-$4.00 Sundaes -(Chocolate, Strawberry, Pineapple, Chocolate Nut, Crushed Cherry, and Butterscotch)$5.50 Milkshakes-(OREO, Van iIla,Strawberry, Mint, Peach, Blueberry, Pina Colada, Chocolate, Mango, Coffee, Malt $)( Whipped Cream $1.00) Banana Boats-$7.00 Waffle Cones-$5.00 Soda Floats-$6.00 Drinks-( Soda $3.00, Water $3.00, and Lemonade $4.00) Softee Swirls Oreo-$6.00 Pieces-$6.00 Heath-$6.00 Butterfinger-$6.00 M&M-$6.00 Specialty Items Dipped Cones-$3.50-$6.00 Oreo Mountain-$5.50 CheeseCake Sundae-$6.00 Pieces Sundae-$5.50 Banana Nut Sundae-$5.50 Reese Sundae-$6.00 Softee Banana Pudding Sundae-$6.00 Softee Frappe-$6.00 Oreo Cone-$5.50 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Smores Sundae-$5.50 Chocolate Chocolate-$5.50 Cinnamon Roll Sundae-$5.50 Silly Willy-$5.50 Strawberry ShortCake-$6.00 Cheese Cake-$6.00 Merlin Waffle Cone-$5.00 Mint Chip Cone-$5.00 Blackberry Dream Sundae=$5.50 Toppings $1.00 Rainbow Sprinkles Chocolate Sprinkles Fruity Pebbles Strawberry Crunch Bubble Gum Crunch Cherry Dip Chocolate Dip Peanuts Italian ICE Rainbow-$5.00 Shaved Ice Blueberry $5.00 Cherry $5.00 Bellv's Food Truck Hamburger Combo w/Fries-$11.00 Hot Dog-$6.00 Nachos w/cheese-$10.00 Grilled Cheese Sandwich-$6.00 French Fries $6.00 Funnel Cakes $7.00 Chicken Fingers w/Fries $9.00 Soda Spritzers(Strawberry,Mango, Pina Colada, Green Apple, Coke, Dragon Fruit, Rainbow) $7.00 Bellu's Frappe $7.00 Water $3.00 Soda $3.00 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 N Waterfront Park WE ■ Area ��R Pr Concession n 1�on�T s Proposed Co cess o ea �Ch,vice of C,un,piws t O N� Proposed Concession Area CEDAR ST DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 ALE WONT a_ Choice of Champions' City of Clermont Procurement Services Department 685 W. Montrose Street Clermont, FL 34711 VENDOR INFORMATION The following information along with a current W-9 form must be provided to the Procurement Services Department for all new vendors and when current vendors remit information changes. Name of Individual or Business: Mister Softee Strong of Central Florida Contact Person and Title: Patrick Wright (Owner) Vendor Street Address: 15360 County Road 565A, STE C Vendor City, State, ZIP: Groveland, FL 34736 Vendor Mailing Address (if different from above): Vendor Email Address: mistersofteefl@icloud.com Vendor Email Address for Purchase Order (if different from above): Phone Number: 407-557-7315 Fax Number: Taxpayer Identification Number (include a copy of your W9 form): 83-3431188 Remit to Information (if different from above): Payment Remit to Name: Payment Remit to Address: Payment Remit to City, State, ZIP: Please return the completed Vendor Information along with the required W-9 form by email to: procurementservices(CD-clermontfl.org For any questions, please call the Procurement Services Department at (352) 241-7350. DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Request For Proposal #RFP 23-033 Title: Waterfront Park Food Concession Services 3. STATEMENT OF WORK 3.1. SCODe of Services The City of Clermont is seeking proposals from qualified respondents for the provision of operating concession services at Waterfront Park. The successful respondent(s) must be self contained and may offer for sale items including fast food, snacks, non-alcoholic beverages, frozen treats, and related food items. The selected respondent will be responsible for all self- contained maintenance, electricity, trash, sewer, water, and other utilities required for the adequate operation of the facility. If needed, electricity and water availability is based on the agreed upon final location between the successful respondent and the City. The agreement terms contained in this solicitation shall be part of a final agreement to be approved by the City Council. Respondents are advised to fully review all terms and conditions expressed in this solicitation as the contents of that document have precedence in all regards and will govern the operations of all parties in the provision of the required services. It is understood that the City may or may not pursue this option depending on economic conditions and further study. A. BACKGROUND INFORMATION 1. Clermont's Waterfront Park covers approximately sixteen (16) acres and is located along Lake Minneola situated between East Avenue and Eight Street. The park amenities include a paved trail used by walkers and bikers, and alike. There are playgrounds, bike rentals, a splash park, restroom facilities, picnic areas, a beachfront swim area, and fishing piers. The Waterfront Park serves as host to a variety of activities throughout the year including The Great Florida Triathlon and Pig on the Pond to name a few. B. CONCESSION LOCATION 1. The City has identified a site location for concession services. See the Waterfront Proposed Concession for a map of the area. The successful respondent may propose additional concession areas within the park during the course of the contract period. All proposed locations must be approved by the City. C. APPEARANCE OF PREMISES 1. The successful respondent must, at their sole expense, maintain the premises in a clean, attractive, and orderly condition. The successful respondent will be responsible for the prompt removal of all trash, litter, and debris which accumulates on or about the premises which are attributable directly or indirectly to or arising out of its use, specifically including any litter left by the respondent, its visitors, or spectators. The successful respondent will deposit all such trash, litter, garbage, and debris in the containers provided by the City. The successful respondent will be responsible to bring all trash and garbage from all food service areas to the designated dumpster or recycling areas, as determined by the City. 11 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Request For Proposal #RFP 23-033 Title: Waterfront Park Food Concession Services 2. The successful respondent will maintain a "Clean As You Go" attitude in all areas of the facility that they use. Trash, spills, food service storage containers, and other debris must be removed immediately to maintain the facility in a fist class condition. D. PERMIT AND RENTAL FEE The City will require, each successful respondent, to obtain an annual permit for each concession location. A non-refundable annual permit fee of $420 ($35 per month) per location must be paid in full prior to concession operation. Permit fees will be paid at the Development Services Department located on the first floor of City Hall, 685 W. Montrose Street, Clermont, FL. 2. The successful respondent must pay the City a rental fee in the sum of $300 per month plus applicable federal, state and local taxes for the use of the premises. E. OPERATING HOURS 1. The concession(s) may be open at all appropriate times during regular park hours from dawn to dusk. The successful respondent must provide proposed hours of operation with their response. The successful respondent may request authorization from the City fifteen (15) calendar days in advance to stay open later on special occasions and holidays. F. BLOCK OUT DATES 1. The City reserves the right to block out dates, limit hours of operation, or authorize other vendors that may compete with the successful respondent as part of special events taking place at Waterfront Park. G. OPERATING REGULATIONS 1. The successful respondent, must at all times, comply with all rules, regulations, and ordinances of the City and any other government agency having jurisdiction. The successful respondent must take all precautions and extreme care to conduct its activities in a safe and prudent manner with respect to its agents, employees, members, visitors, and participants in any activity within the premises. 2. The successful respondent is responsible for providing appropriate condiments and dining accessories to customers that are being sold and/or beverage products from the concession. Condiments and dining accessories must be provided at no additional cost to the customer. Such types of condiments and dining accessories include, but are not limited to the following: ketchup, mustard, mayonnaise, straws, eating utensils, disposable plates, bags, disposable cups, and napkins. 3. The successful respondent will honor any sponsorship agreements the City enters into and obey all health and safety rules. H. MENU AND PRICING 12 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Request For Proposal #RFP 23-033 Title: Waterfront Park Food Concession Services 1. The successful respondent should be willing to experiment with various menus to determine what works best. a. The successful respondent must charge reasonable prices for all food and beverages. The City reserves the right to review and approve menu items, as well as the prices to make sure they are fair and reasonable. b. Only the highest quality of food and drinks must be sold in the concession. c. There will be no sale or dispensing of alcoholic beverages, tobacco products, or any other item that is not in consonance with general community standards. I. MAINTENANCE 1. The successful respondent will be responsible for the following: a. Keeping the concession area neat, clean, and in good repair; b. Removing concession -related refuse daily; c. Arranging seating area and cleaning -up spills; d. Sweeping, mopping, and cleaning the public area of the concession nightly; e. Continued daily maintenance of food preparation. The operator must not allow boxes, cartons, barrels, or similar items to be in the view of the public; f. Evaluation of maintenance compliance will be at the City's sole discretion. If found to be in default, the City will issue a letter of non-compliance. The successful respondent will have two (2) working days to correct non-compliance items. If not corrected, the successful respondent will be considered in breach of contract. J. INSPECTION OF PREMISES 1. For the purposes of inspection, the City reserves the right to enter any part of the concession area at any time during the period the business is open. K. LABOR, MATERIALS, AND EQUIPMENT The successful respondent must furnish all labor, material, and equipment necessary for satisfactory contract performance. When not specifically identified in the Statement of Work, such materials and equipment will be of a suitable type and grade for the purpose. All material, workmanship, and equipment will be subject to the inspection and approval of the City. L. 12 — HEALTH STANDARDS 1. The successful respondent must meet all State, County, and local health codes and acquire all necessary permits and licenses. M. EMPLOYEE STANDARDS 13 DocuSign Envelope ID: D1AACBBE-4406-4C25-8022-DC8B2A49D810 Request For Proposal #RFP 23-033 Title: Waterfront Park Food Concession Services 1. The successful respondent must ensure a staff that is fully responsible for all on -site operations to include but not limited to: a. Courteous service and friendly; b. To recruit, train, supervise and direct its employees in addition to having a number of employees to match the work requirements; c. Every employee must be clean and well groomed and be professional and friendly to the public. Each employee must have required health examinations before employment at the concession. N. PROPOSAL REQUIREMENTS 1. Any and all offers must include the following: a. Operating Plan: Proposals must include a staffing and operational plan to address the services listed in the statement of work. This operational plan must also address procedures and methods that will ensure exceptional service to the customer of the concession at Waterfront Park. b. Marketing Plan: Proposals must include a marketing plan indicating services to be provided, target markets, proposed marketing budget, advertising campaign, promotions to be offered, or any marketing -related activities. O. BACKGROUND CHECKS 1. The successful respondent must provide, at their expense, a two (2) year Florida Department of Law Enforcement (FDLE) Level 1 background check for any and all employees involved in the performance of the concession services on the City of Clermont property within ten (10) business days following execution of the contract and, in the event of employee changes, throughout the term of the agreement. The documentation must be submitted to the Parks and Recreation Director. P. DAMAGE TO PUBLIC OR PRIVATE PROPERTY 1. Extreme care must be taken to safeguard all existing facilities, site amenities, etc. on or around the job site. Damage to public and/or private property will be the responsibility of the successful respondent and must be repaired and/or replaced at no additional cost to the City. 14