Agenda 11/15/2016 Item #16D 6 16D.6
11/15/2016
EXECUTIVE SUMMARY
Recommendation to award Request For Quote(RFQ)No. 17-7045 "Carnival Concession for Collier
County Parks and Recreation Special Events" and authorize the Chairman to execute a contract
with United Midways,LLC.
OBJECTIVE: To provide carnival concession services for a variety of Parks and Recreation community
events.
CONSIDERATIONS: The Parks and Recreation Division provides a variety of recreational
opportunities including special events throughout the year. At every event, the Division strives to offer
entertainment for all ages. Carnival rides have continuously proven to be in high demand at all County
events. Some of the key events where carnivals have been offered in the past include Snowfest, Christmas
Around the World,Fall Festival and other smaller events at various park facilities. In an effort to solidify
some partnerships for such events the Division worked with Procurement Services Division to post a
quote request for a carnival concessionaire.
On October 6, 2016, the Procurement Services Division released RFQ No. 17-7045. Ninety-eight, (98)
vendors were notified of the RFQ. Fifteen (15) vendors downloaded the RFQ. One (1) quote was
received by United Midways, LLC on October 11,2016.
Vendors were asked to quote the highest revenue total, above 25% of gross income derived, for
remittance to the County for providing the services identified in the solicitation criteria. The
recommended vendor offered 30% of the gross as shown in the bid tabulation sheet attached. Staff has
negotiated and reached an agreement with United Midways, LLC, for a one (1) year agreement, with
three (3) one (1) year renewals, and recommends that the Board approve entering into a contract with
United Midways,LLC.
FISCAL IMPACT: Based on historical events, the commission offered by the vendor(30% of all gross
ride sales); the annual concession fees under this contract are estimated to be $15,000. Certified
statements of gross receipts as well as a copy of State Sales and Use Tax Report are required to document
sales. Revenue is budgeted in individual cost centers within the Parks and Recreation Division General
Fund(001) and MSTD General Fund(111)budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.-SRT
RECOMMENDATION: That the Board of County Commissioners awards RFQ No. 17-7045 "Carnival
Concession for Collier County Parks and Recreation Special Events" and authorizes the Chair to execute
the attached Agreement with United Midways, LLC.
Prepared By:Natali Betancur,Operations Analyst,Parks and Recreation Division
ATTACHMENT(S)
1.Carnival Concession Agreement(PDF)
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16.D.6
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6
Item Summary: Recommendation to award Request For Quote No 17-7045 "Carnival Concession
for Collier County Parks and Recreation Special Events" and authorize the Chairman to execute a
contract with United Midways,LLC.
Meeting Date: 11/15/2016
Prepared by:
Title: Operations Analyst—Parks&Recreation
Name: Natali Betancur
10/19/2016 3:12 PM
Submitted by:
Title: Division Director-Parks&Recreation—Parks&Recreation
Name: Barry Williams
10/19/2016 3:12 PM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 10/19/2016 4:31 PM
Parks&Recreation Barry Williams Additional Reviewer Completed 10/20/2016 4:05 PM
Public Services Department Amanda O.Townsend Additional Reviewer Completed 10/24/2016 9:36 AM
Parks&Recreation Ilonka Washburn Additional Reviewer Completed 10/25/2016 8:38 AM
Procurement Services Ted Coyman Additional Reviewer Completed 10/25/2016 1:30 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 10/26/2016 3:59 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/26/2016 4:23 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/28/2016 9:23 AM
County Attorney's Office Scott Teach Additional Reviewer Completed 10/28/2016 10:28 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/28/2016 11:41 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/28/2016 1:12 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/02/2016 9:55 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 5:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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16.D.6.a
AGREEMENT 17-7045
for
Carnival Concession for Collier County Parks and Recreation Special Events
THIS AGREEMENT, made and entered into on this day of 2016,
by and between United Midways, LLC, authorized to do business in the State of Florida,
whose business address is 3108 Santa Barbara Blvd, Cape Coral, FL 33914, the "Contractor
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a one (1) year period commencing
on the Date of Board award and terminating on one (1) year from that date.
as
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to renew the Agreement term prior to the end of the Agreement
term then in effect.
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The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor *E.
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a Notice to Proceed, on an as-needed-basis. 31
3. STATEMENT OF WORK. The Contractor shall provide Carnival events such as food
vendors, games, mechanical and inflatable rides for all age groups (hereinafter referred rts
to as "concession services") in accordance with the terms and conditions of RFQ #17-
7045, Exhibit I — Scope of Work, and the Contractor's proposal referred to herein and as
made an integral part of this Agreement.
3.1 Prices. The Contractor agrees that prices and fees charged for concession
services will be competitive within the local market. All prices must be displayed and
visible by the Contractor's customers. All such prices and fees must be approved in "•;t-
writing by the Director of Parks and Recreation or Designee. The Contractor shall sell
only those items approved in writing by the County.
3.2 Additional Services/Products. The Contractor may request in writing to sell
additional products, or provide additional related services at any time during the term of
the Agreement. The County reserves the right to accept, or reject, those additional
products or services at its sole discretion. Should the County accept those additional
products or services, the accounting of those sales shall be subject to the same terms
and conditions and commission structure as identified in Section 15. The Director of
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Parks and Recreation or Designee may authorize the Contractor to expand the
services, provided such authorization is in writing.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address:
United Midways, LLC
3108 Santa Barbara Blvd
Cape Coral, FL 33914
Email: itolve269Aaol.com
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Attention: John Tolve, Owner :(7)
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All Notices from the Contractor to the County shall be deemed duly served if mailed or ES
faxed to the County to:
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Collier County Government Center
Collier County Park and Recreation Division
15000 Livingston Road
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Naples, Florida 34109
Attention: Illonka E. Washburn, MBA, CFE, Manager of Operations
Telephone: 239-252-8439 0
Facsimile: 239-252-6519
The Contractor and the County may change the above mailing address at any time upon 3
giving the other party written notification. All notices under this Agreement must be in za.:
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating Zi
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The
County will not be obligated to pay for any permits obtained by
Subcontractors/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
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16.D.6.a
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
shall comply with all rules, regulations and laws of Collier County, the State of Florida, or
the U. S. Government now in force or hereafter adopted. The Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. FACILITIES/PROPERTY. The Contractor shall maintain sanitary, neat and safe
facilities/properties and orderly operations, at all times to ensure a maximum value to
guests. The Contractor acknowledges it is assuming responsibility for managing the
COA in its current "as is" condition and in good order.
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9. TRASH, RUBBISH AND GARBAGE. The Contractor will provide all garbage, trash ,
and rubbish receptacles within the confines of the concession operations areas,
including a dumpster and enclosure. The Contractor shall be responsible for the pickup >
and removal of all rubbish, trash and garbage, including removal of trash from the
concession area to the dumpster. The County shall be responsible for the removal of all
trash from any County dumpster.
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The Contractor shall have a neat and orderly operation at all times and shall be solely
responsible for necessary housekeeping on and around County facilities/properties. If o
Contractor fails to leave the area in satisfactory condition following the event, a fine will
be imposed at the Contractor's expense.
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10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in '
effect or hereafter enacted or adopted. In the event of such violation by the Contractor 0
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the Agreement of the Contractor. Should the Contractor fail to correct any v
such violation, conduct, or practice to the satisfaction of the County within twenty-four
(24) hours after receiving notice of such violation, conduct, or practice, such suspension
to continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
11. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be limited to that portion of the Agreement Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
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12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
13. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
(1) I
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and < '
Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory 3
Limits in compliance with the applicable state and federal laws.
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The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
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Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability cL
Policy.
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Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall .li)
provide County with certificates of insurance meeting the required insurance provisions. g
Renewal certificates shall be sent to the County ten (10) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire
until the greater of: ten (10) days prior written notice, or in accordance with policy 3
provisions. Contractor shall also notify County, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverage or limits received by Consultant from its insurer, and nothing 3
contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
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16.D.6.a
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
14.1 The duty to defend under this Article 14 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being c
provided to Contractor Contractor's obligation to indemnify and defend under this E
Article 14 will survive the expiration or earlier termination of this Agreement until it is 0)
determined by final judgment that an action against the County or an indemnified party a
for the matter indemnified hereunder is fully and finally barred by the applicable statute 73
of limitations. .E-
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15. CONSIDERATION. The Contractor shall remit to the County, as consideration for this
Agreement, a 30% flat percentage on all gross ride sales and all other sales. Said N
payments shall be tendered to the County within thirty (30) days upon conclusion of the
event service(s). Such Statement of Gross Receipts shall be certified as true, accurate
and complete by the Contractor. Each concession location will be verified by the o
Contractor and County representative. •;
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The County is to receive its revenue payment as net, free and clear of all costs and E'
charges arising from, or related to Contractor's obligations under this Agreement, and
the percentage of total gross revenues will be paid monthly for the life of the Agreement. d
The term "gross revenue", "gross receipts" and/or "gross sales" means all income a
collected, accrued or derived by the Contractor under the privileges granted by this o
Agreement or other document entered into with the County, excluding amounts of any y
Federal, State or other tax collected by the Contractor from customers and required by a)
law to be remitted to the taxing authority.
The Contractor shall provide the County a copy of its State Sales and Use Tax Report, >
as prescribed by the State of Florida Revenue E
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16. DEFAULT IN PAYMENT. The Statement of Gross Receipts, the payments computed L
on that amount and any other taxes and fees due must be submitted to the County 0
through the Director of Parks and Recreation or Designee, within thirty (30) days upon a
conclusion of the event service(s). In the event the Contractor fails to pay this
consideration within thirty (30) days upon conclusion of the event service(s), there shall
be a late charge of ten percent (10%) per day added to the fees due. The County has
no duty to notify the Contractor of its failure to remit any such payment or report.
17. REPORTING REQUIREMENTS. The Contractor will be required to submit an
accounting of all gross concession and ride sales revenues to the Parks and _
Recreations Division Director within forty-eight (48) hours of the conclusion of an event
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16.D.6.a
service(s). This accounting should consist of a report directly from the point of sale
system.
18. OPERATIONS. The Contractor shall use point-of-sale (POS) electronic cash
machines or other electronic accounting control equipment for the proper control of all
ticket sales. All ticket sales transaction must be accompanied by a receipt to the
customer. Daily Register receipts must be maintained and made available upon
demand during the term of this Agreement. All electronic cash equipment and
accounting procedures must be reviewed and approved by the Director of Parks and
Recreation or Designee.
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All financial records are to be maintained during the entire term of this Agreement and
for a period of five (5) years following the termination of this Agreement. The
receipt/revenue records consist of records documenting specific receipts/revenues
collected by an agency through cash, checks, electronic fund transfers (EFT), credit and
debit cards, or other methods. This may include, but is not limited to, records such as
cash collection records and reports, cash receipt books, cash register tapes,
deposit/transfer slips, EFT notices, credit and debit card records, receipt ledgers, receipt
journal transactions and vouchers, refund records, bad check records, and other ccl
accounts receivable and related documentation.
The Contractor may sell any concessions desired as long as such items are permitted
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under Florida state law and the Contractor has obtained the proper licensing/tax permits
for such sales and approved in writing by the Director of the Parks and Recreation
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Division or Designee. Any and all alcoholic beverage sale and tobacco products are not
permitted. Any equipment necessary for the sale of concessions, other than the existing
equipment, must be furnished and maintained by the Contractor.
19. FINANCIAL REVIEW, RECORDS, AUDIT. The Contractor shall provide, at its expense, 0
(I)
an annual independent review of the Contractor's financial records. The purpose of this
review is to substantiate that the County has been compensated in accordance with this
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Agreement.
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Contractor shall establish and maintain such records as now exist and may hereafter be
prescribed by the County in the future to provide evidence that all terms of this
Agreement have been and are being observed. The Contractor grants to the County 4-0;
the right and authority to audit all records, documents, and books pertaining to the
concession operation. Such audit will be conducted at locations and at a frequency f)
determined by the County and communicated to the Contractor. The Contractor agrees
to provide materials for the audit at the place designated by the County within three (3)
business days after the County's notice to do so is received by Contractor, all at no cost
to the County.
20. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of
surveys and to provide reports of visitor usage of all concession services, as requested
by the Director of Parks and Recreation or Designee. The County shall provide
Contractor with advance notice of any special event and shall coordinate with the
Contractor regarding same.
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21. WAIVER OF INTERFERENCE. The Contractor hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the
concession operation by any public agency or official in enforcing their duties or any
laws or ordinances. Any such interference shall not relieve the Contractor from any
obligation hereunder.
22. WAIVER OF LOSS FROM HAZARD. The Contractor hereby expressly waives all
rights, claims, and demands and forever releases and discharges the County from all
demands, claims, actions and causes of action arising from this Agreement, except
intentional torts.
23. NO LIENS. Contractor will not suffer or, through its actions or by anyone under its
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control or supervision, cause to be filed upon the property any lien or encumbrance of
any kind. In the event any lien is filed, Contractor shall cause such lien to be
discharged within ten (10) days after written notice to do so from the County. >
24. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly
••
operation at all times and shall be solely responsible for necessary housekeeping
services to properly maintain the premises. There shall be no living quarters, nor shall c.1
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anyone be permitted to live on the premises.
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25. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of
surveys and to provide reports of visitor usage of all concession services, as requested
by the Director of Parks and Recreation or Designee. The County shall provide
Contractor with advance notice of any event and shall coordinate with the Contractor
regarding same.
26. EMPLOYEES. The Contractor shall employ people to work at this facility who are neat,
clean, well-groomed and courteous. All employees shall observe all the graces of 0
personal grooming. Subject to the American with Disabilities Act, Contractor shall (f)
supply competent employees, who are physically capable of performing their
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employment duties and the County may require the Contractor to remove an employee
it deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County property is not in the best interest of the
County.
tc.)
27. NO DANGEROUS MATERIALS. The Contractor shall not use or permit in the
facilities/properties the storage of illuminating oils, oil lamps, turpentine, benzine,
naphtha, or other similar substances, or explosives of any kind, or any substance or
articles prohibited in the standard policies of fire insurance companies doing business in
the State of Florida.
28. DEFAULT AND TERMINATION. If the Contractor fails to comply with any of the terms
and conditions hereof and such default is not cured within seven (7) days after written
notice is given to the Contractor, the County may terminate this Agreement and revoke
the privilege of the Contractor to come upon the County's property for purposes for
which the concession was granted and may oust and remove all parties who may be
present, or may occupy any part of the premises for the purpose of exercising any rights
so revoked.
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In the event of any violation of this Agreement by the Contractor, or if the Contract
Manager shall deem any conduct on the part of the Contractor to be objectionable or
improper, the County shall have the right to suspend the operation of the concession
should the Contractor fail to promptly correct any such violation, conduct, or practice to
the satisfaction of the Contract Manager. The Contractor shall not commence operation
during such suspension until the violation has been corrected to the reasonable
satisfaction of the Director of Parks and Recreation or the Contract Manager.
The Agreement may be terminated by the County immediately due to any material
breach of this Agreement, including, but not limited to, failure of the Contractor to
maintain the approved hours of operation or failure of the Contractor to provide a receipt
1.1).
to each customer for every transaction. The County shall be sole judge of
non-performance. Further the County may terminate this Agreement for its
convenience by giving the Contractor not less than a thirty (30) day written notice of ra
such intent. During the notification period, both parties agree to meet its respective
contractual obligations in good faith.
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any loss of anticipated
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fees and profits.
29. STORM WARNING. Upon declaration of a hurricane projecting an imminate strike, or *6'
the implementation of evacuation procedures from Collier County, Contractor shall meet
with the Director of Parks and Recreation or Designee for the formulation of plans for
the removal of all perishable goods and to ensure the concession site has been properly
secured for hurricane approach. 0
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30. CONTAINERS. The sale of items in glass containers is not permitted. The County has
a recycle program in place and the Contractor will make every effort to comply with that 0
program with respect to the disposal of containers. 713
31. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all cts
public approaches to the Concession. All signage, advertising and posting shall be as
approved by the Director of the Parks and Recreation Division or Designee. Signs that
will be used for advertising purposes shall be constructed and maintained to County 0
standards as defined by the Code Compliance Division. The use of the Collier County
Logo is prohibited.
32. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Parks and Recreation Division.
33, CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
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34. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFC) #17-7045 and
Exhibit I - Scope of Work.
35. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee .`7.
of the firm from contact with County staff for a specified period of time; b. Prohibition by
the individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
37. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including L.—.
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as -5a)
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workerscompensation, equal employment and safety (including, but g.:1
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida a
Public Records Law Chapter 119, including specifically those contractual requirements .0
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF 8
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: tt
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Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
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3. Ensure that public records that 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 term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public
records to the public agency upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems 4:t
of the public agency.
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If Contractor observes that the Contract Documents are at variance therewith, it shall c.)
promptly notify the County in writing. Failure by the Contractor to comply with the laws 0
referenced herein shall constitute a breach of this Agreement and the County shall have 0.1
the discretion to unilaterally terminate this Agreement immediately.
38. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer.
39. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or E.
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement cr
shall remain in effect.
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40. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
41. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be &)
attended by representatives of Contractor with full decision-making authority and by -5
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the °<
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at
mediation to County's board for approval. Should either party fail to submit to mediation
as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla, Stat.
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I6.D.6.a
42. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
43. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Quotes (RFQ), the
Contractor's Proposal, and/or the County's Board approved Executive Summary, this
Agreement shall take precedence.
44. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
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Contractor does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward the County.
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45. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be CN
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local law .>-
enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years. T.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and N
properties. Contractor ID badges are valid for one (1) year from the date of issuance
and can be renewed each year at no cost to the Contractor during the time period in 0
which their background check is valid, as discussed below. All technicians shall have on
their shirts the name of the contractor's business.
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16.D.6.a
IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman
Dated:
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United Midways, LLC
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By:
First Witness Signature
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TType/print witness name TType/print signature and title
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Second Witness
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Approved as to Form and Legality:
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Assistant County Attorney
Print Name as
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16.D.6.a
Exhibit I - Scope of Work
The Collier County Parks and Recreation Division is interested Carnival events such as food vendors,
games, mechanical and inflatable rides for all age groups. Event turnouts can range between 1,000 —
5,000 people.
Supervision - Continual routine supervision is required. A crew supervisor needs to be on site at all
times during events.
Crew Supervisor will:
1. Be responsible for the site.
2. Be thoroughly familiar with the specifications for safely operating event equipment.
3. Communicate with County staff regularly to address any issue or concerns.
4. Supervise the labor force.
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5. Report directly park manager or designee.
6. Be responsible for keeping an accurate inventory of all supplies and equipment at the site.
Safety Minimums:
• Responsibility of the Contractor to control the rides provided, protect the people present and
comply with all applicable laws and regulations. This includes any required safety inspections
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of the rides.
• Bidder to refrain from loading the electrical system or floors beyond the point considered safe
by general engineering and architectural standards.
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• All rides must be in good condition and have been inspected and approved to operate by a
certified ride inspector before each event.
• All equipment in use must be approved by the original ride manufacturer.
• All rides shall be well lit and cleaned surfaces and in good repair.
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Contractor will be responsible for the daily maintenance of the carnival area including the pickup of all
trash and debris.
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Site Conditions -The Contractor is required to thoroughly clean the site to be left in a condition similar
to how it existed on arrival.
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All rides, games, and concessions to be open and operational during hours designated as event
operating hours as negotiated with the Parks and Recreation Division representative and approved by
the Parks and Recreation Division Director.
Contractor shall be required (but not limited to):
• Generate all power necessary for its operation.
• Provide an accounting of all gross concession and ride sales revenues to the Parks and
Recreations Division Director within forty-eight (48) hours of the conclusion of event services.
This accounting should consist of a report directly from the point of sale system.
• Provide payment to the County within thirty (30) days upon conclusion of event services.
• Provide a pricing structure for all individual rides, such as a price of tickets per ride, an all-day
unlimited ride pass or both.
• Provide Port-O-Lets;
• Provide all necessary permits; and
• Pay their state inspections.
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