Attachment_B_-_Draft_Contract.pdf

Brevard County

Parks and Recreation Department

Concessionaire Contract

Food Concessions at Lori Wilson Park

Lori Wilson Park 1500 N Atlantic Avenue, Cocoa Beach, Florida 32931

Effective XXX XX, XXXX

Rent Total:

<TBD>/Year

Table of Contents

Section 1. Premises

Section 2. Term

Section 3. Payments

Section 4. Accounting Procedures and Reports

Section 5. Americans with Disabilities Act Compliance

Section 6. Administration

Section 7. Attorney’s Fees

Section 8. Background Investigation Check

Section 9. Business Interruption

Section 10. Copyright

Section 11. Covenants against Assignment

Section 12. Emergencies

Section 13. Entire Contract

Section 14. E-Verify

Section 15. Florida Public Records Law

Section 16. Force Majeure

Section 17. Governing Law

Section 18. Illegal, Unlawful, or Improper Use

Section 19. Improvements

Section 20. Indemnification and Insurance

Section 21. Independent Contractor

Section 22. Modification

Section 23. Music Performance

Section 24. Notice

Section 25. Obligations of the Concessionaire

Section 26. Obligations of the County

Section 27. Personal Property

Section 28. Public Entity Crimes

Section 29. Right of Entry by County

Section 30. Right to Audit Records

Section 31. Severability

Section 32. Statutes, Laws, Rules and Regulations

Section 33. Successors in Interest

Section 34. Termination for Convenience

Section 35. Unauthorized Alien Workers

Section 36. Utilities

Section 37. Venue

Signature Page

Exhibit “A”

Exhibit “B”

Beach Rental Services Concessionaire Contract

This Lease, hereinto referred to as “Contract,” made by and between the Brevard County Board of County Commissioners, a political subdivision of the State of Florida, hereinafter referred to as “County,” and <TBD>, hereinafter referred to as “Concessionaire”.

Witnesseth

Whereas, the County is the owner or authorized administrator of certain real property located in Brevard County, Florida, commonly known as Lori Wilson Park, 1500 North Atlantic Avenue, Cocoa Beach, Florida 32931 (attached hereto as Exhibit “A” and hereinafter referred to as “Park”); and

The County has competitively procured the services of the Food Concessions to provide qualified Food Concession services at Lori Wilson Park as specified in Request for Proposal Number RFP-4-25-02. The winning submitted proposal is included as Exhibit “B.”

Whereas, the Food Concession Concessionaire desires to utilize certain facilities located at the Park for purposes hereinafter set forth; and

Whereas, the County may provide parks, preserves, playgrounds, recreation areas, and other recreation facilities and programs pursuant to Section 125.01(1)(f), Florida Statutes; and

Whereas, the County issued a Request for Proposals to provide Food Concession services at the Park, and the Concessionaire was the selected vendor; and

Whereas, operation by the Concessionaire will mutually benefit the parties hereto and the residents of Brevard County, Florida.

Now, Therefore, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows:

Recitals. The foregoing recitals are true and are incorporated herein by reference.

Section 1. Premises.

The County hereby authorizes the Concessionaire, as part of this Concessionaire Contract, to provide food concession services at the Park. It is specifically agreed and understood by the Concessionaire that the use set forth herein shall be the only use allowable under the Contract and that any variance in such use shall require the written consent of the County.

Section 2. Term.

The terms of this Contract shall be effective for five (5) years from the date of Contract execution. Any adjustments to the pricing, terms, or conditions will not take effect until approved by the County in writing. Such requests should be submitted with justification to the Purchasing Manager.

Section 3. Payments.

A. Concessionaire shall pay to the County the amount of <TBD> during the Summer Season, April 1st through October 31st, and <TBD> during the Winter Season, November 1st through March 31st, plus any applicable sales tax. Payments shall be made by the tenth day of each month for the term of this Contract. Payments shall be submitted directly to Central Area Parks Operations, 840 Forrest Avenue, Cocoa, Florida 32922.

B. Monthly rent shall be adjusted annually based on the contract's effective date. The Consumer Price Index for All Urban Consumers (CPI-U) may increase monthly rent utilizing the previous calendar year’s 12-month CPI-U average.

C. Bid prices shall remain firm for the first 24 months of this Contract. The Concessionaire may have an opportunity to request an annual price adjustment for the optional two-year and one-year renewal periods. The request for price adjustment must be submitted in writing no later than 90 calendar days prior to the annual anniversary of the Contract start date. The request for price adjustment must include written justification (raw material price increase, labor, etc.)

for the increase, and a copy must be sent to the Purchasing Manager. Any approved request for price adjustment will be in effect for the 24-month period following the said anniversary start date. Written requests for price adjustments shall not exceed the rate of inflation determined by the CPI-U average during the previous 12 months. Any price adjustment shall be approved by the Purchasing Manager or designee prior to the new price becoming effective.

D. The Director may, for a period of time not to exceed six months, negotiate a reduction in the monthly payment amounts due to the County when unforeseen circumstances, but not limited to major equipment breakdown, closure of the Park, and acts of God, warrant said reduction.

Section 4. Accounting Procedures and Reports.

All sales by the Concessionaire shall be registered on a cash register or computerized Point of Sale (POS) system with the amount of sale visible to the public. The cash register/POS system shall be furnished by the Concessionaire and shall be the responsibility of the Concessionaire.

Sales tax reports shall be made to the State of Florida. Concessionaire shall accept Visa, Master credit and debit cards in addition to cash.

Section 5. Americans with Disabilities Act Compliance.

The County and Concessionaire shall conform to the current requirements of the Americans with Disabilities Act (ADA) in the performance of this Contract and shall not cause or place on the Park any condition that causes the Park to become non-compliant. The parties shall work together to remedy any known violations of the ADA that may occur.

Section 6. Administration.

The Concessionaire, in accepting this Contract, acknowledges and agrees that the County shall have the right and the authority, but not the obligation, to adopt Rules and Regulations regulating the Concessionaire’s conduct of its business when operating in County parks; to set schedules and times for operation and for use of all facilities; to resolve disputes between Concessionaire, or with County’s residents or County property owners; and to take such other or further action as may, in the County sole discretion, be necessary to further or promote the public health, safety and welfare. Any decisions by any member of the County administration as it relates to the above authority may be appealed by the Concessionaire to the Parks and Recreation Director, or designee, whose decision shall be final.

Section 7. Attorney’s Fees.

In the event of any legal action to enforce the terms of this Contract, each party shall bear its own attorney’s fees and costs.

Section 8. Background Investigation Check.

1. Prior to the execution of the Contract, the Concessionaire shall complete and successfully pass a

High-Level Background Screening. The High-Level Background Screening must include fingerprinting with retention fees to ensure the County receives post information should the Vendor have any arrests following the initial Highest-Level Background Screening. The Concessionaire shall perform a rescreening at the same High-Level Background Screening with retention fees annually or every five years prior to the Concessionaire’s High-Level Background Screening expiring.

2. The Concessionaire shall be responsible for:

a. Submitting information for all employees, agents, representatives, or volunteers to the State of Florida Criminal History Record Check to the Florida Department of Law Enforcement (FDLE) https://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.

b. Prior to conducting food concession at Lorie Wilson Park, the Vendor shall conduct and maintain such standards for the employment of employees, agents, representatives, or volunteers throughout the Contract term, as follows:

i. The Vendor shall be responsible for and pay the cost of having High-Level Background Screening performed on all the Vendor’s employees, agents, representatives, or volunteers.

ii. The Vendor shall not allow any employees, agents, representatives, or volunteers to work unsupervised with at-risk populations prior to such person successfully passing the State of Florida Criminal History Record Check.

iii. The Vendor shall refer to the criteria outlined in the RFP and Section 435.04, Florida Statutes, in determining whether a person is disqualified from working/volunteering at the Park.

iv. An Attestation of Compliance stating that Florid Criminal History Record Checks have been performed on all the Vendor’s employees, agents, representatives, or volunteers, which shall be completed and successfully passed prior to permitting on-premises of Lori Wilson Park.

v. An Attestation of Compliance form shall be submitted at a minimum, annually, or when new employees, agents, representatives, or volunteers join the Concessionaire’s business.

vi. The Concessionaire shall notify the County’s Parks and Recreation Department Director, in writing, within 24 hours of any arrest or charge in criminal status regarding any of the Vendor’s employees, agents, representatives, or volunteers.

vii. For Vendor employees, agents, representatives, or volunteers under the age of 18, when applicable and allowed in lieu of fingerprinting, a Department of Juvenile Justice check shall be completed.

viii. The Vendor shall be responsible for completing reference checks and prior employment checks, any pre-employment testing and verification, and the following screening: (1) Education/Licensing Verification, (2) Driver’s Licensing Check, and (3) Drug Testing.

ix. The Director may deny the Vendor the ability to utilize an employee, agent, representative, volunteer, or any other person providing a service at the Park based on the results of the background screening. The Director shall refer to criteria as outlined in this RFP and reference Florida State Statutes and Brevard County policy on background screening in determining if a person shall be disqualified from working/volunteering at the Park.

Section 9. Business Interruption.

The County shall not be liable to the Concessionaire for any damages arising out of the temporary prohibition of use and/or access to the designated parks, docks, or launch areas for environmental protection, public safety, maintenance, or governmental activities or events that prohibit the Concessionaire from being present and/or engaging in its business activities.

Section 10. Copyright.

No reports, data, programs, or other materials produced, in whole or in part, for the benefit and use of the County under this Contract shall be subject to copyright by the Concessionaire in the United States or any other country.

Section 11. Covenants against Assignment.

The Concessionaire, its successors, or assigns, shall not assign any rights under this Contract nor allow same to be assigned by operation of law without express written approval of the County. The Concessionaire may not assign any right to use the Park, any part thereof, or any right or privilege connected therewith, or to allow any other individual, group, or Concessionaire to occupy the Park or any part thereof without prior written consent from the Director. No fees or charges of any kind shall be levied by the Concessionaire for use of the Park.

Section 12. Emergencies.

In the event of a declared state of emergency in Brevard County by the Board of County Commissioners, the County retains the right to immediately resume occupation, management, and maintenance of the facility, to use the facility to meet any emergency needs of the citizens of Brevard County for the period of that emergency and a reasonable period of time thereafter as deemed necessary by the County.

Section 13. Entire Contract.

This Contract, together with any Exhibits, constitutes the entire Contract between the County and Concessionaire and supersedes any prior written or oral understandings. This Contract and any Exhibits may only be amended, supplemented or canceled by a written instrument duly executed by both parties hereto. As of the Effective Date of this Contract, all authority, permission, and right, express or implied, heretofore granted or inferred to be granted by the County to Concessionaire to operate a Property shall be terminated.

Section 14. E-Verify.

A. In accordance with Chapter 448.095, Florida Statutes, the Concessionaire shall register and utilize the U.S. Department of Homeland Security's E-Verify program to verify the employment eligibility of all new employees hired by the Concessionaire during the term of this Contract; and

B. The Concessionaire shall expressly require anyone performing work or providing services pursuant to this Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired during the term of this Contract; and

C. The Concessionaire agrees to maintain records of its participation and compliance with the provisions of the E-Verify program and to make such records available to the County consistent with the terms of the Concessionaire’s enrollment in the program. This includes maintaining a copy of proof of the Concessionaire’s enrollment in the E-Verify Program.

D. The Concessionaire must meet this requirement unless:

1) The Contract is solely for the goods-based procurement where no services are provided;

or

2) Where the requirement is waived by the Board of County Commissioners;

3) The Contract is being executed with a Sole Proprietor who does not hire employees and, therefore not required to file a Department of Homeland Security Form I-9 (which is the necessary document used for performing an E-Verify); or

4) The Contract is being executed with a company based outside the United States of America that does not employ any citizens of the United States.

E. Compliance with the terms of this Section is made an express condition of this Contract, and the County may treat a failure to comply as a material breach of this Contract.

F. A Concessionaire who registers with and participates in the E-Verify program may not be barred or penalized under this section if, as a result of receiving inaccurate verification information from the E verify program, the Concessionaire hires or employs a person who is not eligible for employment.

G. Nothing in this section may be construed to allow intentional discrimination of any class protected by law.

Section 15. Florida Public Records Law.

Pursuant to Section 119.0701, Florida Statutes, a request to inspect or copy public records relating to this Contract must be made directly to the County. If the County does not possess the requested records, the County shall immediately notify the Concessionaire of the request, and the Concessionaire shall provide the records to the County or allow the records to be inspected or copied within twenty-four hours (not including weekends or legal holidays) of the request so the County can comply with the requirements of Chapter 119, Florida Statutes, Florida Public Records Law. The Concessionaire may also provide a cost estimate to produce the requested documents consistent with the policy set forth in Brevard County Administrative Order AO-47, incorporated herein by this reference. A copy of AO-47 is available upon request from the County’s public records custodian designated below.

If the Concessionaire fails to provide the requested public records to the County within a reasonable time, the Concessionaire may face civil liability for the reasonable cost of enforcement incurred by the party requesting the records and may be subject to criminal penalties pursuant to Section 119.10, Florida Statutes. The Concessionaire’s failure to comply with public records requests is considered a material breach of this Contract and grounds for termination. If the Concessionaire claims certain information is exempt and/or confidential, it must cite to specific statutory provisions or case law in order to justify removal or redaction of said information.

Should the County face any legal action to enforce inspection or production of the records within the Concessionaire’s possession and control, the Concessionaire agrees to indemnify the County for all damages and expenses, including attorney’s fees and costs. The Concessionaire shall hire and compensate attorneys to represent the Concessionaire and County in defending such action.

The Concessionaire shall pay all costs to defend such action and any costs and attorney’s fees awarded pursuant to Section 119.12, Florida Statutes.

If the Concessionaire has questions regarding the application of Chapter 119 Florida Statutes to the Concessionaire’s duty to provide Public Records relating to this Contract, contact the Custodian of Public Records:

Brevard County Parks and Recreation Diana Marquardt, Parks and Recreation, 2725 Judge Fran Jamieson Way, B203 Viera, Florida Email: Diana.Marquardt@brevardfl.gov Phone: (321) 633-2046

Section 16. Force Majeure.

Neither party shall be responsible for damages or delays in performance caused by acts of God, strikes, lockouts or other events constituting force majeure beyond the reasonable control of the parties. Despite the foregoing, the Concessionaire shall make payments as otherwise provided herein.

Section 17. Governing Law.

This Contract shall be deemed to have been executed and entered into within the State of Florida and this Contract, and any dispute arising hereunder, shall be governed, interpreted and construed according to the laws of the State of Florida.

Section 18. Illegal, Unlawful, or Improper Use.

The Concessionaire shall make no unlawful, improper, immoral, or offensive use of the Park nor allow said Park to be utilized for any purpose other than that hereinabove set forth. Failure of the Concessionaire to comply with this provision shall be considered a material breach of this Contract and subject same to immediate termination by the County, whereupon the County shall be entitled to immediately re-enter and retake possession of the Park and terminate this Contract.

Section 19. Improvements.

Any improvements or repairs to the Park by the Concessionaire must be requested in writing to the County, and mutually agreed upon by the County and the Concessionaire, with written permission granted by the Director of Parks and Recreation, prior to any actual work. Said request shall state the party responsible for funding such improvements. The plans, specifications, and location for all improvements, structures, landscaping, and facilities made by the Concessionaire to the Park shall be submitted in writing to and approved by the Director of Parks and Recreation prior to the construction or installation of such improvement structure, landscaping or facility. It is hereby mutually agreed and understood that any building, structure, fixture, or facility located thereon and permanently attached thereto shall become the property of the fee simple title holder.

Section 20. Indemnification and Insurance.

The Concessionaire agrees to indemnify and hold harmless the County from any and all liability, claims, damages expenses (including attorney’s fees and costs), proceedings and causes of action of every kind and nature arising out of or connected with the activities of the Concessionaire or Concessionaire’s employees, contractors, agents, representatives or volunteer’s use, occupation, management of the facilities or any improvements thereon or any furniture, furnishings, equipment and fixtures utilized in connection therewith. The Concessionaire agrees to defend at his expense any and all actions, suits, or proceedings that may be brought against the County arising from the Concessionaire’s activities and that he will satisfy, pay, and discharge any and all judgments that may be entered against the County in any such action or proceeding. It is agreed by the parties hereto that specific consideration has been paid under this Contract for this indemnification and hold harmless provision. The Concessionaire shall notify the County immediately in writing of any potentially hazardous condition existing on or about the premises utilized in conducting said program. All personal property utilized at a County facility shall be at the risk of the Concessionaire, and the County shall have no liability for any damage or loss to any personal property located thereon for any cause whatsoever. Nothing in this section is intended to nor shall it constitute a waiver of the sovereign immunity of Brevard County. Further, the liability of the COUNTY hereunder shall be subject to each of those respective parties’ common law right of sovereign immunity and limited to the extent of the protections of and limitations on damages as set forth in Section 768.28, Florida Statutes.

The Concessionaire agrees and understands that the County does not and shall not carry liability, fire, or theft insurance on the operation of these facilities to cover the Concessionaire’s interest therein. The Concessionaire agrees to provide and maintain at all times during the term of this Contract, without cost or expense to the County, policies of insurance generally known as comprehensive general liability policies insuring the Concessionaire against any and all claims, demands and causes of action whatsoever for injuries received and damage to property incurred in connection with the use, occupation, and management or control of the property during any activities conducted thereon by Concessionaire. Such policies of insurance shall insure the Concessionaire in the amount of not less than One Million Dollars per occurrence to cover any and all claims and costs arising in connection with any and all liability claims arising in connection with any particular accident or occurrence, and Sexual Abuse and Molestation coverage in the amount of One Million dollars.

The Concessionaire is responsible for Workers Compensation in accordance with State law.

Said insurance policies shall be endorsed to name the County as an additional insured and shall be entitled to thirty days prior notice of any changes or cancellation in said policies. The Concessionaire shall provide the described insurance on policies and with insurers acceptable to the County.

These insurance requirements shall not relieve or limit the liability of the Concessionaire. The County does not in any way represent that these types or amounts of insurance are sufficient or adequate to protect the Concessionaire’s interests or liabilities, but are merely minimums. A certificate of insurance indicating that the Concessionaire has coverage in accordance with the requirements of the Contract shall be furnished by the Concessionaire to the Brevard County Parks and Recreation Department, Central Area Parks Operations, 840 Forrest Avenue, Cocoa, Florida 32922, prior to execution of this Contract.

Section 21. Independent Contractor.

The Concessionaire shall perform the terms and conditions of this Contract as an independent contractor, and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Contract shall, in any way, be construed to constitute the Concessionaire or any of its agents or employees as the representative agents or employees of the County.

Section 22. Modification.

No modification of this Contract shall be binding on the County or the Concessionaire unless reduced to writing and signed by a duly authorized representative of both the County and the Concessionaire.

Section 23. Music Performance.

The Concessionaire shall not use, play or perform copyrighted music without appropriate licensing or other permission. The Concessionaire shall be solely responsible for obtaining appropriate licensing or permission to use, play or perform copyrighted music. The use or performance of copyrighted music without appropriate licensing or other permission shall constitute a breach of this Contract. The Concessionaire agrees to indemnify and hold harmless the County for unauthorized use or performance of copyrighted music.

Section 24. Notice.

Notice under this Contract shall be given to the County by mailing written notice, postage prepaid, to the Brevard County Parks and Recreation Department, Central Area Parks Operations, 840 Forrest Avenue, Cocoa, Florida 32922; and notice shall be given to the Concessionaire by mailing written notice, postage prepaid, <TBD, TBD Address>.

Section 25. No Subcontractors.

There shall be no subcontracting of any services that are applicable to this contract.

Section 26. Obligations of the Concessionaire.

A. The Concessionaire will be responsible for food concession services, maintenance, and repairs of the concession located at 1500 N Atlantic Avenue, Cocoa Beach, Florida 32931.

B. The Concessionaire will be responsible for all labor, materials, equipment, and licensing to perform all sales of beach rentals. The term “Concession” is to include all sales of beach rentals.

C. Accurate records for the Concession operation, including monthly gross revenue reports and sales tax reports submitted to the State of Florida, shall be in accordance with accepted certified public accounting procedures. These records shall be available for inspection by a properly designated representative of the Board of County Commissioners, upon request at reasonable times, with 3-day notice.

D. The Parks and Recreation Director and the Central Area Parks Operation Manager shall administer Brevard County’s interest in Lori Wilson Park Concession. The Concessionaire shall cooperate with Brevard County officials in all matters pertaining and relating to the Park Concession operations as related to the Beach Rental Concession.

E. Keeping buildings and immediate premises clean and orderly in accordance with the State of Florida Department of Business and Professional Regulation, the County Health Department, and any applicable laws or ordinances. The County reserves the right to perform, or have performed, period inspections of the cleanliness and sanitation conditions maintained on the premises. Environment Health inspections/reviews may be conducted.

F. All aspects of cleanliness in the Concessionaire’s area of operations, including food preparation, tables, chairs, walls, and floors, carpet cleaning, and removal of debris. There shall be full compliance with all County Health Department and other applicable laws or ordinances. The final determination in this matter shall rest with the County.

G. Grease traps must be properly cleaned out as necessary, and at a minimum every three months, depending on usage. The grease traps should be cleaned out when it reaches a quarter of its capacity. A regular service schedule shall be set up by the Concessionaire to avoid missing critical cleaning. All grease much be collected and disposed of in compliance with applicable law.

H. Trash containers for the exterior of the Concession operation are the responsibility of the Concessionaire. The Concessionaire is responsible for the placing all trash in the Parks and Recreation dumpster. Parks and Recreation will have the dumpster emptied.

I. The Concessionaire shall provide and adequately arrange to offer the public satisfactory Food Concession services consistent with good food and beverage business practices and management. Maintaining a level of public relations and customer services that promotes a highly favorable atmosphere, responding to all customer complaints received by the Concessionaire and/or the County.

J. Advertisements in the Concession area shall be in good taste commensurate with acceptable family-oriented environments. Advertising of other businesses not related to the park Beach Rental Concession operation, such as business cards and signs, is not permitted.

K. The Concessionaire shall be responsible for all electrical and plumbing repairs associated with the Concession operation.

L. The Concessionaire shall be responsible for all security and fire alarm monitoring and Annual inspections as required by the Fire Inspector.

M. The Concessionaire shall install and maintain, at their expense, all required equipment, including refrigeration equipment, stoves, grills, deep fat fryers, microwaves, sinks, ice machines, and associated food and beverage preparation equipment as needed to operate the facility, tables and chairs and repairs thereof. This is to include any required safety or fire prevention equipment necessary for proper operations as well as maintenance and mandatory inspections of the same. Where the facility is not ventilated to handle or accommodate deep fat fryers, it is the responsibility of the Concessionaire to provide such ventilation.

N. The Concessionaire will provide year-round service to the public in accordance with the following suggested hours of operation: open at 6:30 a.m. and close at 5:30 p.m. This schedule of hours of operation shall be in the best interest of meeting the public's needs.

The schedule shall be subject to the approval and modification of the Central Area Operations Manager.

O. The Concessionaire will maintain food concession service equipment in good working condition. The appearance of food concession items must meet standards that do not conflict with the overall decorum of the Park.

P. The Concessionaire shall furnish food and beverage services for the needs and convenience of the public as follows:

1. The Vendor shall be limited to selling menu items approved by the Parks and Recreation Director or his/her designee. No other goods or services shall be offered or sold by the Vendor without the prior written approval of the Director or his/her designee.

2. Maintain an inventory sufficient to satisfy the demands and needs of the public.

3. ALCOHOLIC BEVERAGES ARE PROHIBITED in County Parks per County Ordinance 78-109. As such, the Concessionaire will not be allowed to sell any alcoholic beverages unless approved by the County Manager.

4. The use of Styrofoam is prohibited.

Q. The Concessionaire shall be responsible for the security of the Concession area of the Park. The Concessionaire may request any person violating any applicable law, rule or regulation to leave the Park. If a patron remains in the Park after such request the Concessionaire shall immediately notify local law enforcement.

R. The Concessionaire shall be responsible for a five-foot perimeter around the Concessionaire’s Food Concession. The Concessionaire shall maintain the area sanitary and litter-free, including, but not limited to, the removal of trash.

S. The Concessionaire shall not erect any buildings/shed for storage of beach rental items within the Park.

T. The Concessionaire will cooperate fully with the County in all matters relating to the concession at the Park.

U. The Concessionaire shall immediately report to the County any accident or incident requiring emergency response.

Section 27. Obligations of the County.

A. Provide adequate collection and disposal of garbage by a dumpster located on site.

B. Provide water and sewer service connections if none exist.

C. Provide access to the Park during normal operating hours to the best of its ability, subject to the right of the County or any other governmental authority to temporarily restrict or deny access to said Park for the purpose of constructing, installing, operating or maintaining any public Park, including, but not limited to, public works and public utilities, or for the purpose of performing any other governmental function.

D. Change the existing locks and provide two sets of keys to the Concessionaire.

E. Provide appropriate measures to minimize damage when severe weather or other dangerous conditions are expected.

F. Customer Service Evaluation: The Concessionaire shall be provided copies of “Compliments, Concerns, Evaluation Cards,” submitted by customers.

Section 28. Personal Property.

All personal property housed or placed at the Park shall be housed or placed at the risk of Concessionaire, and the County shall have no liability for any damage or loss to any personal property located thereon for any cause whatsoever. The Concessionaire agrees and understands that the County does not and shall not carry liability, fire, or theft insurance on the operation of these facilities to cover the Concessionaire’s interest therein.

The Concessionaire shall retain title to all personal property purchased by the Concessionaire and placed at the Park, unless otherwise agreed to by the parties. The Concessionaire shall obtain approval from the County prior to placing any personal property or equipment at the Park.

Section 29. Public Entity Crimes.

A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on contracts of real property to a public entity, may not be awarded or perform work as a contractor, supplier, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty-six months from the date of being placed on the convicted Vendor list.

Section 30. Right of Entry by County.

The County or its agents may at any time enter onto the Park for the purpose of inspection of same or for performing such other duties as are required by the terms of this Contract, or the rules, regulation, ordinances or laws of any governmental body.

Section 31. Right to Audit Records.

In performance of this Contract, the Concessionaire shall keep books, records, and account of all activities related to this Contract in compliance with generally accepted accounting procedures. All documents, papers, books, records, and accounts made or received by the Concessionaire in conjunction with this Contract and the performance of this Contract shall be open to inspection during regular business hours by an authorized representative of the County.

The Concessionaire shall retain all documents, books, and records for a period of five years after termination of this Contract, unless such records are exempt from section 24(a) of Article I of the State Constitution and Chapter 119, Florida Statutes. All records or documents created by or provided to the Concessionaire by the County in connection with this Contract are public records subject to Florida Public Records Law, Chapter 119, Florida Statutes. All records stored electronically must be provided to the County in a format compatible with the information technology systems of the County.

The Concessionaire shall ensure the public records which are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract and following termination of the Contract if the Concessionaire does not transfer the records to the public agency. In lieu of retaining all public records upon termination of this Contract, the Concessionaire may transfer at no cost to the County, all public records in possession of the Concessionaire. If the Concessionaire transfers all public records to the County upon termination of the Contract, the Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.

Section 32. Severability.

If any provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

Section 33. Statutes, Laws, Rules and Regulations.

The Concessionaire’s use of the Park will be in accordance with applicable laws, rules, regulations, policies, and procedures approved by the Department and/or the County. The County reserves the right to disapprove any and all activities held at the Park that may be in conflict with the Department’s and/or the County’s Policies and Administrative Orders and agrees to furnish the Concessionaire with a copy of such rules, regulations, policies, procedures, and amendments thereto upon request.

It shall be the Concessionaire’s responsibility to be aware of and comply with all laws, statutes, ordinances, fire codes, rules, orders, regulations, and requirements of all local, state, and federal agencies as applicable.

The Concessionaire shall provide to the County written evidence of current satisfactory health inspections at all times, or any other inspections required by local, state, or federal law. The Concessionaire shall secure and maintain all licenses and/or permits required and pay when due any and all taxes and assessments that may be imposed or assessed by governmental units in connection with the business or operation conducted pursuant to the provisions of the Contract. Any such licenses and permits shall be maintained and posted, if required, at appropriate places at the Park within fifteen days of the execution of this Contract by both parties.

Section 34. Successors in Interest.

This Contract and its covenants and conditions apply to and are binding on the parties' heirs, successors, legal representatives, and assigns.

Section 35. Termination for Convenience.

Either party may terminate this Contract for their own convenience upon providing thirty days written notice to the other party. Upon termination of this Contract, the Concessionaire shall have fifteen days within which to remove the temporary concession vehicle and any personal property. Any property not removed within said fifteen-day period shall become the property of the County. All equipment owned by the Concessionaire and utilized in the facility will be removed by the Concessionaire upon expiration of the Contract. Removal of the equipment is at the Concessionaire’s sole cost and expense, and will immediately repair any damage to the premises by reason of such removal so as to leave the premises in a neat and clean condition.

Section 36. Unauthorized Alien Workers.

The County will not intentionally award publicly-funded contracts to any Concessionaire who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act “INA”). The County shall consider the employment by the Concessionaire of unauthorized aliens a violation of Section 274A (e) of the INA and such violation shall be grounds for unilateral cancellation of this Contract by the County

Section 37. Utilities.

A. The Concessionaire shall be responsible for payment and repair of all-natural gas or equipment used in the operation of the concession services.

B. The Concessionaire shall be bearing the cost of all utilities including electrical, water, and sewer services in the operation of the concession services.

C. The Concessionaire shall provide all electrical and plumbing associated with the operation of the concession services.

D. The Concessionaire shall be responsible for telephone and Wi-Fi accessibility.

Section 38. Venue.

Venue for any legal action brought by any party to this Contract to interpret, construe or enforce this Contract shall be in court of competent jurisdiction in and for Brevard County, Florida, and any trial shall be non-jury.

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In Witness Whereof, the parties have hereunto set their hands and seals on the day and year written herein below.

Board of County Commissioners Attest: of Brevard County, Florida

Name, Clerk of the Court By:

Frank Abbate, County Manager Date

As Authorized by the Board on _____________

Reviewed for legal form and content:

Name Assistant County Attorney <Concessionaire’s Name>

By:

<Concessionaire’s President/Owner>

State of Florida County of Brevard

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this day of , 2023 by <TBD>. He is personally known to me or has produced as identification.

Notary Public Typed/Printed Name

Exhibit “B” Concessionaire’s Winning Submitted Bid

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