Okaloosa County BOCC — November 5, 2013 — reading text

removal during events. All refuse and waste materials created by concessionaire’s operations in all food service areas shall be promptly disposed of after each event by concessionaire directly into a compactor designated by the County, from which it shall be removed by the County. Waste foods shall be kept in closed metal or plastic containers until removed from ECCC. Such removal shall be made promptly during and after the event to a central collection area designated by the County, from which it shall be removed by the County. Nothing contained here shall be construed to alter or affect any duty that concessionaire has or may have under applicable local, state or federal laws and regulations. PRODUCT TO BE SOLD & PRICES The concessionaire shall have the right, subject to other provisions of these specifications, to sell product of a food and beverage nature, including alcoholic beverages within the ECCC. Page 13 Packet Pg. 667 PRICING: Concessionaire’s rights shall extend to the food and beverage service needs of the patrons of ECCC as stated above only to the extent that concessionaire maintains availability and quality with a competitiveness to other commercial vendors. Maximization of the use of the facilities of ECCC is the goal of ECCC and all efforts shall be made by concessionaire not to discourage use of ECCC facilities by reason of concessionaire’s exorbitant pricing, unavailability of service, inferior quality or other non-competitive practices. The County reserves the right to intercede in the negotiations in those instances where the County determines that concessionaire is failing to provide competitive and representative services. If concessionaire consistently fails to perform for a particular portion of the food and beverage services then the County may obtain service from other vendors for such portion without terminating the agreement, this does not prevent the County from proceeding with notifying concessionaire that they are in default. The General Manager agrees to meet with concessionaire to review products to be sold and prices to be charged on an annual basis. Prices shall be set by mutual agreement of the County and concessionaire; and in case of conflict, the decision of the County shall control. Whenever unique economic conditions result in unusual cost increases to concessionaire, the County will consider a request by concessionaire for price changes at times other than the annual date specified above. Concessionaire shall submit a detailed written price schedule for all items it proposes to sell showing size, weight, grade, cost, and price of item along with a price comparison sheet of the local market which shall be subject to final approval of the County. All prices of all products submitted by the proposer and accepted by the County shall become part of this agreement as a basis for current and future pricing. Proposers must propose a food and beverage service that allows for competitive pricing, with service availability and capability for a 24 hour 365 days per year operation for all ECCC functions at all times to the extent convenient to the utilization of ECCC by its show managers, and patrons. Sales by concessionaire from ECCC to persons and entities off the premises of ECCC shall be subject to the consent of the County. QUALITY: Concessionaire recognizes that the quality of items sold and services performed at ECCC is a matter of highest concern and is the essence of the agreement. All food, beverages and other items sold or kept for sale at ECCC shall be of first quality, wholesome and pure and must conform in all respects to all applicable federal, state, county health statutes, ordinances and regulations. No imitation, adulterated or misbranded article shall be sold or kept for sale and all merchandise offered for sale at ECCC shall be stored and handled with due regard for sanitation, and shall conform with the quality, type, size, and weights as agreed upon and approved by the General Manager. All food products sold to individuals through various outlets shall be prepared and handled to provide fresh, high quality products. Concessionaire shall only serve fresh brewed coffee; the use of instant liquid or freeze-dried coffee will not be permitted. Written policies shall be developed and adhered to regarding shelf life of all perishable merchandise. All merchandise kept for sale shall be subject to inspection and approval or rejection by the County. Any article rejected by the County in good faith as not being first quality, wholesome and pure shall be removed from the premises and shall not be offered for resale. Concessionaire shall comply with industry standards of beer, wine, and other alcoholic beverages regarding quality, quantity, storage and handling. SELECTION OF VENDORS/SUPPLIERS: The County informs all proposers that it reserves the sole right to grant advertising and sponsorship exclusivity from time to time for food and beverage supplies consumed in ECCC. Concessionaire shall not execute any supplier contracts for supplies at ECCC. Pursuant to the said exclusivity granting rights, the County reserves the final right to specify any or all of concessionaire’s product sources of supply; provided however, concessionaire shall, in Page 14 Packet Pg. 668 its sole discretion, select the vendors of the supply sources and shall not be obligated to use sources of supply whose level of quality, services and/or prices are not competitive with the marketplace. It is the intent of the County to be able to receive the full benefit of the exclusive outlet rights for food and beverage products; provided, competitive levels of quality, services and/or prices are maintained. RECORDS, ACCOUNTING & AUDITING All concessionaire’s operations must conform to all applicable local, state and federal rules, regulations and laws. Concessionaire must procure and keep in force during the entire period of the agreement all permits and licenses required by law. Concessionaire shall have existing, develop or purchase as part of the initial Capital Investment a software system that address at a minimum a Supplier Database, Inventory Data Base, Recipe Data Base, Customer Data Base, Purchasing & Receiving, Accounting, Catering Management, and Concession Management. Concessionaire shall maintain an original set of books and records of sales, receipts and inventory regarding operations at ECCC, all in accordance with generally accepted accounting procedures. Said records and procedures shall be sufficient to clearly reflect all direct and indirect cost of any nature incurred in the performance of this agreement including original invoices of all materials brought on the premise. Concessionaire shall also maintain payroll summaries, copies of payroll, tax returns, deposit receipts and bank statements. Page 15 Packet Pg. 669  INSURANCE REQUIREMENTS Contractor’s Insurance A. The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Director. B. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. C. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. D. The County of Okaloosa shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Workers’ Compensation and Professional Liability. E. The County of Okaloosa shall be furnished proof of coverage by certificates of insurance (COI) and endorsements for every applicable insurance contract required by this Agreement. The COI’s and policy endorsements must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the CONTRACTOR. F. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the CONTRACTOR. G. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are involved, and which is a part of the contract. H. The County reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. I. The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers’ Compensation coverage. J. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such Page 16 Packet Pg. 670  cancellation or amendment. Such notice shall be given directly to the County Representative. Workers’ Compensation Insurance 1. The CONTRACTOR shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the CONTRACTOR shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all subcontractual agreements which have been approved by the County of Okaloosa.