Backup Documents 12/09/2014 Item #16D15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 fJ 15
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Routed by Purchasing Department to Office Initials Date
the Following Addressee(s) (In routing order)
1. Risk Management Risk
2. County Attorney Office County Attorney Office U► '�f t I D I4
3. BCC Office Board of County UkA
Commissioners VWS/ [Z—k t k�
4. Minutes and Records Clerk of Court's Office
rvvj tli 12?:7 ,
5. Return to Purchasing Department Purchasing
Contact: Diana DeLeon
PRIMARY CONTACT INFORMATION
Name of Primary Diana De Leon for Ewelina Dendroulakis Phone Number 252-8375
Purchasing Staff December 9,2014
Contact and Date
Agenda Date Item was December 9,2014 Agenda Item Number 16.D.15
Approved by the BCC
Type of Document Amendment Number of Original 2
Attached Documents Attached
PO number or account N/A Solicitation/Contract 09-5247 Recreational
number if document is Number/Vendor Name Facilities of America
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? DD
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD
signature and initials are required.
7. In most cases(some contracts are an exception),an electronic copy of the document and DD
this routing slip should be provided to the County Attorney's Office before the item is
input into SIRE.
8. The document was approved by the BCC on the date above and all changes made D
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for he
Chairman's signature.
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MEMORANDUM
Date: December 11, 2014
To: Diana De Leon, Contracts Technician
Purchasing & General Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendment #2 for Contract #09-5247
"Tigertail Beach Water & Beach Concession Agreement"
Contractor: Recreational Facilities of America, Inc.
Attached is an original copy of the contract referenced above, (Item #16D15)
approved by the Board of County Commissioners on Tuesday, December 9, 2014.
The second original contract will be held in the Minutes and Records Department
for the Board's Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
16015
EXHIBIT A-1 Contract Amendment#2 to Contract#09-5247
"Tigertail Beach Water and Beach Concession Agreement"
This amendment, datedu 0 , 201 to the referenced agreement shall be by and
between the parties to the original Agreement, Recreational Facilities of America, Inc., (to be referred to
as "Concessionaire") and Collier County, a political subdivision of the State of Florida, (to be referred to
as"County").
Statement of Understanding
RE: Contract# 09-5247 "Tigertail Beach Water and Beach Concession Agreement"
In order to continue the services provided for in the original Contract document referenced above, both
parties agree to amend the referenced Contract as stated below. This amendment is effective on January
12, 2015.
Note: Language deleted has been struck through. New language has been underlined.
[***]
8. UTILITIES. The County shall pay for charges of utilities to the designated premises including, but not
limited to, charges for water, sewer, and electricity, with the exception of the Concessionaire's obligation
to pay fifty dollars ($50.00) per month for utility cost in accordance with Article 11 below, during the
term of this Agreement. Any utilities that are for the benefit of the Concessionaire shall be paid by the
Concessionaire(i.e.Telephone).
[***]
11. CONSIDERATIONS. The Concessionaire shall remit to the County, as consideration for this
Agreement, a percentage of the total gross revenue (adjusted for items returned) of the Concessionaire's
business, including the sale of sundry concession operation as follows: Five Hundred Dollars ($500) per
month minimum or twelve percent(12%)thirteen percent (13%) of gross total concession sales (all sales
less sales tax), whichever is greater. In addition, the Concessionaire shall pay fifty dollars ($50.00) per
month for utility cost. Said payments shall be tendered to the County by the fifteenth (15th) of each month
for the preceding month and such payments shall be accompanied by a statement of gross receipts for the
preceding month. It is also understood that the applicable Florida States Sales Tax on payments to the
County shall be added to the payment.
The County is to receive its revenue payment as net, free and clear of all costs and charges arising from,
or related to Concessionaire's obligations under this Agreement, and that the guarantee or the percentage
of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income
collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or
other document entered into with the County, excluding amounts of any Federal, State or other tax
collected by the Concessionaire from customers and required by law to be remitted to the taxing
authority. The Concessionaire shall provide the Contract Manager a Statement of Gross Receipts.
Such statement shall be certified as true, accurate and complete by the Concessionaire and by an
independent Certified Public Accountant. The Concessionaire agrees to use point-of-sale machines or
other accounting control equipment for the proper control of cash and payment. All financial records are
to be maintained during the entire term of this Agreement and for a period of three (3)years following the
determination of this Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax
Report for the same accounting period as required for the Statement of Gross Receipts.
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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: De-c-€A.A.V34€4.- , 20 t`E
COUNTY:
i BOARD OF COUNTY COMMISSIONERS
OF COLLI`c'CO > TY, FLORIDA
Dwight F Brdek,.dlerk
BAUJAIL,r•- T/4.. AL.- •
Attest as1opalrman, , Tom Henning, C an
signature only. ''_
Concessionaire's First Witness CONCE SIONA I'E:
Re �nal Fa,ilities of A erica,Inc.
By''12Ah, I"
g 3 13 e r}r‘ By:
Print Name ,.,_,%,A 3 M arl
agwr
Print Name and Title
Concessionaire's Second Witness
By:
/416.6SSA 1-2ar,re++
Print Name
Approved as to Form and Legality:
(_&• Y ; 0 '--)171 tJ /0 •
'As• Stant ounty Attorney
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