#14-6204 Amend #1 (Smarte Carte, Inc) - No BCC Chairman Signature JUL I 0 2014 Di
EXHIBIT A-1 Contract Amendment#1 to Contract 14-6204 B
"Locker Concession Agreement" Y
This amendment, dated A t. r , 2014 to the referenced agreement shall be by and between
the parties to the original Agreement, Smarte Carte, Inc. (to be referred to as "Smarte Carte") and
Collier County, Florida,(to be referred to as"Owner").
Statement of Understanding
RE: Contract#14-6204"Locker Concession Agreement"
In order to continue the services provided for in the original Agreement document referenced above,
Smarte Carte agrees to amend the Agreement as provided herein.
Note: Language deleted has been struck thfeugh. New language has been underlined.
Chance# 1: Paragraph 8 of Contract#14-6204 is hereby amended as follows:
8. Accounting and Payment. On or before the fifteenth (15`h)day following the end of each
calendar month, Smarte Carte shall submit to the Owner a true and correct statement setting forth both the
Net Revenues received by Smarte Carte during the immediately preceding calendar month and the
applicable Florida State Sales Tax, pursuant to 4212.031, Fla. Stat., on the payment to the Owner. It is
understood that the applicable Florida State Sales Tax. pursuant to §212.031, Fla. Stat., on payments to
the Owner as per this Agreement shall be added to Smarte Carte's payment and forwarded to the Owner
as part of said payments.
Along with said statement, Smarte Carte shall remit to the Owner an amount (the "Percentage
Commission")calculated as:
15%of the first$25,000 in Net Revenues per Contract Year;and
50%of the next$25,000 in Net Revenues per Contract Year;and
60%of all Net Revenues in excess of$50,000 per Contract Year.
The Owner is to receive the Percentage Commission net, free and clear of all costs and charges arising
from,or related to, Smarte Carte's obligations under this Agreement.
As used in this Agreement"Net Revenues"means the sum of all income collected,accrued or derived
by Smarte Carte under the privileges granted by this Agreement,minus(i)all Federal, State or other taxes
collected by Smarte Carte from customers and required by law to be remitted to the taxing authority, and
(ii) any refunds or reimbursements paid to users of the lockers for customer service-related complaints.
"Contract Year"means each twelve-month period(or shorter period with respect to the first and last years
that this Agreement is in effect) that this Agreement is in effect, commencing on or before March 1 of
each year and ending on the last day of February of the following year.
The monthly Percentage Commission will be payable to "Collier County Board of County
Commissioners"and sent, with the monthly statement,to Owner at the following address:
I �
North Collier Regional Park
15000 Livingston Road
Naples, FL 34109
Attn: Richard DeGalan
Upon request, Smarte Carte shall also provide Owner with a copy of Smarte Carte's monthly Florida
State Sales and Use Tax remittance for the Concession at the Water Park.
In the event the Smarte Carte fails to pay the Percentage Commission by the due date, there shall
be a late charge of Fifty Dollars($50.00)for such late payment, in addition to interest at the rate of 1.5%
per month. If the payment of consideration and accumulated daily penalties are not received within thirty
(30) days after the normal monthly due date, then the County may take possession of the Smarte Carte's
assets on Owner's property and may cancel this Agreement.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have
executed this Amendment on the date(s)indicated below.
Accepted: _Ma / , 2014.
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,:FLORIDA
By: ,u
Jo. ne •iewicz
Director, Procurement Services
Contractor rst Witness Smarte Carte,Inc.
By:
By: t. ' 1
Print Name
! 'rint Name and Title
Con .ctor Second Wi ess
C./1<i - ca t•a r6c_.
Print
Approv-d as to Form and Legality:
Colleen M.Green-
Assistant County Attorney