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#17-7045 (United Midways, LLC) AGREEMENT 17-7045 for Carnival Concession for Collier County Parks and Recreation Special Events THIS AGREEMENT, made and entered into on this f... 1 day of I'ave.l l/Der 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. 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. 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 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. 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 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 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 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 Page 1 of 13 1"' 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: jtolve269(c,aol.com Attention: John Tolve, Owner All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Collier County Park and Recreation Division 15000 Livingston Road Naples, Florida 34109 Attention: Illonka E. Washburn, MBA, CFE, Manager of Operations Telephone: 239-252-8439 Facsimile: 239-252-6519 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating 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 Page 2 of 13 :; 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. 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. 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 Contractor fails to leave the area in satisfactory condition following the event, a fine will be imposed at the Contractor's expense. 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 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 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. Page 3of130 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. 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 Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 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 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 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 Page 4of13 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 provided to Contractor. Contractor's obligation to indemnify and defend under this Article 14 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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 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. It is also understood that the applicable Florida States Sales Tax on payments to the County shall be added to the payment. Each concession location will be verified by the Contractor and County representative. The County is to receive its revenue payment as net, free and clear of all costs and 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. The term "gross revenue", "gross receipts" and/or "gross sales" means all income collected, accrued or derived by the Contractor 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 Contractor from customers and required by 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 http://dor.myflorida.com/dorltaxes/sales tax.html#tabl. 16. DEFAULT IN PAYMENT. The Statement of Gross Receipts, the payments computed on that amount and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation or Designee, within thirty (30) days upon 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 Page 5of13r 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. 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 accounts receivable and related documentation. The Contractor may sell any concessions desired as long as such items are permitted 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 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, 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 Agreement. 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 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 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. Page 6 of 13 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 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 anyone be permitted to live on the premises. 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 personal grooming. Subject to the American with Disabilities Act, Contractor shall supply competent employees, who are physically capable of performing their 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. 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. Page 7 of 13 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 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 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 fees and profits. 29. STORM WARNING. Upon declaration of a hurricane projecting an imminate strike, or 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. 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 program with respect to the disposal of containers. 31. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all 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 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. Page 8 of 13 CPSi, 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), RFQ #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 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, REP, 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 but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 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. Page 9 of 13 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 of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have 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 otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 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 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. CAO. Page 10 of 13 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 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. 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 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and 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 which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. * * * * * Page 11 of 13 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 OUNTY, FLORIDA Dwight E.SBtock, Clerk of Courts By: s 1 ac _ By: I'YYyi0 Donna Fiala, Chairman Dated: a '„` 0'401 {A (Saki as to Chairman's signature only,, United Iylidways, LLC Contracto ' First Witness Signature Vivi'e, " V _) ature 711ro '' ` TType/print witness name TType/print signature and titleT C"--cy0 i/(/ Second Witness 6.7TIP TAT TType/printWitness nameT Ap roved s to F n Le lity: County Attorney Print Name elt.\ Page 12 of 13 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. 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 of the rides. • Bidder to refrain from loading the electrical system or floors beyond the point considered safe by general engineering and architectural standards. • 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. Contractor will be responsible for the daily maintenance of the carnival area including the pickup of all trash and debris. Site Conditions - The Contractor is required to thoroughly clean the site to be left in a condition similar to how it existed on arrival. 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): • Provide flat rate fees associated with the rental of game and concession operation areas. • 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. Page 13 of 13 CORD®Al DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/17/16 MOSAVgirasionsigenteRM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Thomas Plouffe/Michael Plouffe Specialty Insurance, LTD. (A/C.N.Eat): 203-931-7095 FAX No); 203-931-0682 P.O. Box 16901 AIL ADDRESS: tom@specialtyinsuranceltd.com/mplouffe79@gmail.com West Haven, CT 06516 INSURER(S)AFFORDING COVERAGE NAIC# http://specialtyinsuranceltd.com INSURERA: United States Fire Insurance Company 21113 INSURED INSURER B: Progressive Express Insurance Company 10193 United Midways, LLC&Tolve Presentations, Inc. INSURERC: 314 SE 22nd Street INSURER D Cape Coral, FL 33990 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: SRPGP-101-0716 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITYx USP221971 9/1/16 9/1/17 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence)_ $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY _ $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 5,000,000 X POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ B AUTOMOBILE LIABILITY x 02793787-0 12/2/15 12/2/16 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED x SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ li AUTOS ONLY AUTOS ONLY (Per accident) $ , I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners are added as additional insureds but only with respect to liability arising out of operations of the named insured during the policy period. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3327 Tamiami Trail E THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples, FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fax # (239)252-2860 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: SRPGP-101-0716/USP221971 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Collier County Board of County Commissioners 3327 Tamiami Trail E Naples, FL 34112 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II.Who Is An Insured is amended to include as an additional insured the person(s) or organization s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ACCPRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `---- 11/29/16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Thomas Plouffe/Michael Plouffe NAME: Specialty Insurance, LTD. PHO (A/C. Ext): 203-931-7095 FAX No):203-931-0682 P.O. Box 16901 E-MAIL ADDRESS: tom@specialtyinsuranceltd.com ecialt insuranceltd.com/m louffe79 9mail.com West Haven, CT 06516 INSURER(S)AFFORDINGCOVERAGE NAIC# http://specialtyinsuranceltd.com INSURERA: United States Fire Insurance Company 21113 INSURED INSURER B: Progressive Express Insurance Company 10193 United Midways, LLC&Tolve Presentations, Inc. INSURERC: Technology Insurance Co 42376 314 SE 22nd Street INSURER D: Cape Coral, FL 33990 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SRPGP-101-0716 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rADDL SUBR POLICY EFF ' POLICY EXP LTR TYPE OF INSURANCE I INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)1 LIMITS A X COMMERCIAL GENERAL LIABILITY X USP221971 9/1/16 9/1/17 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR I PREMISES Ea occurrence ! $ MED EXP(Any one person) $ 5,000 :'... PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I ,, GENERAL AGGREGATE $ 5,000,000 X POLICY I'I I JECT J LOC '.. PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ B AUTOMOBILE LIABILITY x 02793787-0 12/2/15 12/2/16 COMBINED SINGLE LIMIT $ 1,000,000 (Ea t) acciden ANY AUTO I BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS '.. HIRED NON-OWNED I PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIABEACH OCCURRENCE $ OCCUR EXCESS LIAB ! CLAIMS-MADE !, AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONPER I OTH- C AND EMPLOYERS'LIABILITY Y/N 4628144 11/18/16 11/18/17 x STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A',, (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners are added as additional insureds but only with respect to liability arising out of operations of the named insured during the policy period. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3327 Tamiami Trail E THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples, FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fax# (239)252-2860 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 11/29/2016 1:47 PM FAX 2039310682 Specialty_Insurance,LTD V.] 0001/0002 AL COWL) CERTIFICATE OF LIABILITY INSURANCE DATE{MMIDONYYY) 11/17/16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. usyN--1/4or.,',Keil•, 4 a o.....usa k......... .1••••.•••• ••••• •••••••••••••••••••••••••••••••IIIIIPPIIIMileill.1111.1.11T77.- e i If SUBROGATION IS WAIVED, subject to the terms and condltions of the policy, certain policies may require en endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s . PRODUCER CONTACT NAME: Thomas Ploutte/Michael Plouffe Specialty Insurance, LTD. PHONE (AMA q,Era): 203-931-7095 : "'X 203.931-0682 iNc,1,10. P.O. Box 16901e4Aii. ADDRESS: 1GM@SPeCeaRYInSUrar10911d.COM implouffen©srmail.com West Haven,CT 06516 iNsuRE5jsiAPponirio COVERAGE i NAIC I/ httpi1specialtyinsuranceitd.com __I INSURER A: United States Fire Insurance Company 21113 INSURED INSURER R• Progressive EX0Y98.81.8UranCe Company 02962 United Midways, LLC&Tolve Presentations, Inc. INSURER C: 314 SE 22nd Street INSURER D' Cape Cord, FL 33990 oti6in. , INSURER E; I eh/SURER F: COVERAGES CERTIFICATE NUMBER; SRPGP-101-0716 REVI iolji;UMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM-,41'4:4a,,,E FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM QR CONDITION OP ANY CONTRACT OR OTHER DOCJM 1 ;Agit NI RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OA MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINji„ rc BJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. INSR' I ADDL SIM— POLICY -, EFF POLICY EXP . LTR T YPINSURANCE ji,j sr, wvn POLICY NUMBER frommorrYrnop... tcorm(Y) oars A x 1 COMMERCIAL NP.RAL LIABILITY x USP221971 9/1 LI 6 9/1/17 MAC r OCOU.R.RENCE $ 1,000,000 CLAIMS-MADE , X OCCUR ' PREMISRS tE cemturrerece) $ 300,000 —.._.A _ I I. MED EXP CAW One perteorle 3 5,000 PERSONAL&ADP INA;RY 3 1,000,000 GEN'L AGGREGATE•-1MIT APPLIES PM GENERAL AGGREGATE $ 5,000,000 ,.,..., i I F-Ro- 1 ,(..,„ i ,jEc- , ...... 'At 0,0 , PRODUcTS CONIPiOP AGG 5.000000 OTHER: AUTOMODILE.LIABILITY . E. . $ COMBINED SINGLE.LIMI1 1 B x 02793787-1 12/2/16 12/2117 (Ea accederte) ,000,000 I ANY AUTO GODLY INJURY,,rer person) : S —1 owNED „ AJTOS ONLY SCHEDULED AUTOS BODILY INJURY 0,,p:ac;Ideal 5 ---I HIRED : NON.OYV\ED PROPER?Y oAa.4AGE $ . i AJTOS ONLY I AUTOS ONLY _IELcusecItell) $ . 1..._. UMBRELLA LAS I 'OCCUR EACH OCCURRENCE .e, —.......i EXCESS LAB I Ce-AIMS-MADP ,AGGREGATE - -- DEC I RETENTIONS ,$ __,,,, WORKERS COMPENSATION . P;:eN [OTH- AND EMPLOYSRS'LIARIUTY Y/N STAT,:It e 6R. ANYPROPRIC-TORPARTNER/EXECUTWE '- NIA EL.EACH ACCIDENT S °Fp ICEFteMEMBEREXC-JDED? (manotory In NH) SI.,Disw..4sG.EA EMPLOYEE S If vra,SIO,atItse UMW DESCRIPTION OP OPERATIONS a alcno EL.DISEASE.POLICY Lirvr $ — _ . DE.SCRIPTION OF OPERATIONS/LOCATIONS,/VEHICLES (ACORD 101,AddIStanal Remarks Schedule,nosy do/Moo boa;If more space is required} Collier County Board of County Commissioners are added as additional insureds but only with respect to liability arising out of operations of the named insured during the policy period. CERTIFICATE HOLDER __ CANCELLATION _____ ___ Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED poLicies ae CANCELLED BEFORE 3327 Tamiami Trail E THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE Fax# (239)252-2860 -24-t-Ye I ©1988-2015 ACORD CORPORATION. All rights reserved. ACO RD 25(2(115/03) The ACORD name and logo are regiOerect marks of ACORD Detail by Entity Name Page 1 of 2 FLORIDAE 'ARTME 1 T OP STAT z DIVISIONVOr o PoR.ajoN r � Detail by Entity Name Florida Limited Liability Company UNITED MIDWAYS LLC Filing Information Document Number L09000037545 FEI/EIN Number 27-1928373 Date Filed 04/20/2009 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 04/06/2012 Principal Address 314 SE 22ND ST CAPE CORAL, FL 33990 Changed: 01/29/2015 Mailing Address 314 SE 22ND ST CAPE CORAL, FL 33990 Changed: 01/29/2015 Registered Agent Name &Address BILL, ANTAR, CPA 3306 DEL PRADO BLVD S. CAPE CORAL, FL 33904 Name Changed: 01/21/2014 Address Changed: 01/21/2014 Authorized Person(s) Detail Name &Address Title MGRM TOLVE, JOHN MJR 314 SE 22ND ST CAPE CORAL, FL 33990 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/18/2016 Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2014 01/21/2014 2015 01/29/2015 2016 01/18/2016 Document Images 01/18/2016--ANNUAL REPORT View image in PDF format 01/29/2015 --ANNUAL REPORT View image in PDF format 01/21/2014 --ANNUAL REPORT View image in PDF format 01/19/2013 --ANNUAL REPORT View image in PDF format 04/06/2012 -- REINSTATEMENT View image in PDF format 04/07/2010--ANNUAL REPORT View image in PDF format 04/20/2009-- Florida Limited Liability View image in PDF format copyright and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/Corporation Search/Search ResultDetail?inquirytype=Entit... 10/18/2016