#17-7108 (Zack's Food Cart Ministry Catering, Inc.)Agreement # 17-7108
Food & Beverage Concession for Collier County
THIS AGREEMENT made effective this 1, TO' day of , 2011, between Collier
County, a political subdivision of the State of Florida (hereinafter called the "County") and
Zack's Food Cart Ministry Catering Inc., a Florida Corporation with offices at 717 99th
Avenue N. Naples, Florida 34108 (hereinafter called "Concessionaire" or "Contractor").
1. TERM. This Agreement shall be for an initial period of five (5) years, commencing on
August 14, 2017. The County may, at its discretion and with the consent of the
Concessionaire, renew the Agreement under all of the terms and conditions contained in this
Agreement for two (2) additional one (1) year periods. The County shall give the
Concessionaire written notice of the County's intention to renew the Agreement term not less
than ten (10) days prior to the end of the Agreement term then in effect.
The County Manager or designee may extend this Agreement for up to one hundred eighty
(180) additional days following expiration of the original. 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. STATEMENT OF WORK. The County hereby grants to the Concessionaire, and the
Concessionaire hereby accepts from the County, subject to the exceptions and conditions
hereinafter set forth, the privilege to operate the following described concessions at the Collier
County Government Center located at 3307 Tamiami Trail East, Naples, Florida, 34112 in
conformance with the purposes and for the periods stated herein and subject to all terms and
conditions hereinafter set forth.
A. FACILITIES. The County shall provide to the Concessionaire the use of the following
approved Concession Operations Areas ("COX) facilities at 3307 Tamiami Trail
East, Naples, Florida, 34112.
B. USES. The Concessionaire is authorized to conduct the following types of business
and to provide the following services, and only such business and services, at the
approved COA and as set forth below:
1. Food and Beverage Sale. The Concessionaire will provide food service,
beverage, and miscellaneous sales operations for a monthly commission of 20%
of gross sales returned to the County as outlined in Section 11 of this
Agreement. The County will allow Concessionaire and their employees the
ability to operate within the facility in a safe and orderly manner. In addition, the
Concessionaire is expected to start operations at a minimum of thirty -minutes
prior to the scheduled starting time. The recommended service time for the
successful Concessionaire is an average of sixty (60) seconds per customer.
C. PRICES. The Concessionaire agrees that prices and fees charged for concession
services will be competitive within the local market. The Concessionaire will strive to
price healthier food items at the same price point or below price point of unhealthy
food menu items offered. This will be monitored by the Director of Facilities
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Management or Designee. All prices must be displayed and visible by the
Concessionaire's customers. All such prices and fees must be approved in writing by
the Director of Facilities Management or Designee. The Concessionaire shall sell
only those items approved in writing by the County.
D. ADDITIONAL SERVICES/PRODUCTS. The Concessionaire 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 11. The
Director of Facilities Management or Designee, may authorize the Concessionaire to
expand the services, provided such authorization is in writing. Additional services
required may include: catering and delivery, emergency activations and events,
training seminars or meetings, open houses, ground breaking ceremonies,
dedications, special occasions, County picnics, employee appreciation lunches, and
other events or locations deemed necessary. This Agreement does not provide
exclusivity for these services.
2. NOTICES. All notices from the County to the Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Zack's Food Cart Ministry Catering Inc.
717 99th Avenue N.
Naples, Florida 34108
E-mail: zryoung9@aol.com
Attention: Zackary R. Young, President
All notices from the Concessionaire to the County shall be deemed served if mailed, faxed, or
e-mailed to the County at the following address:
Collier County Board of County Commissioners
c/o Facilities Management Division
3335 Tamiami Trail East, Suite 101
Naples, FL 34112-5356
Phone: 239-252-8380
Fax: 239-252-3795
E-mail: DennisLinguidi@colliergov.net
Attention: Dennis Linguidi, Director of Facilities
3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the
Concessionaire. The Concessionaire is not a lessee. The Concessionaire's right to
operate the concession shall continue only so long as the concession operation complies
with the undertakings, provisions, agreements, stipulations and conditions of this
Agreement.
4. NO PARTNERSHIP OR AGENCY. Nothing
construed as creating a partnership between
Concessionaire is not an agent of the County.
herein contained shall create or be
the County and the Concessionaire.
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Food & Beverage Concession for Collier County
5. ASSIGNMENT. Concessionaire 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
Concessionaire does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Concessionaire all of the
obligations and responsibilities that Concessionaire has assumed toward the County.
6. FACILITIES. The Concessionaire shall maintain sanitary, neat and safe facilities and
orderly operations at all times to ensure a maximum value to guests. The Concessionaire
acknowledges it is assuming responsibility for managing the COA in its current "as is"
condition and in good order.
7. MAINTENANCE AND REPAIRS. The Concessionaire shall, to the satisfaction of the
Director of Facilities Management or Designee provide normal and routine daily,
monthly, and yearly maintenance of the facilities, designed to keep the premises and
equipment in a good state of repair, free from hazardous conditions and deterioration,
thus providing for the comfort and safety of visitors and patrons.
The County will make and/or manage repairs including, but not limited to: landscaping:
mowing, herbicide and pesticide application; exterior painting; sidewalks within the
premises; exotic flora/faunal removal; and County, State, and Federal signage.
Any improvements, including capital improvements, made for the benefit of the
Concessionaire shall be paid for by the Concessionaire and approved in advance in
writing by the Facilities Management or Designee. All capital improvements will become
the property of Collier County at the end of the term of the Agreement.
8. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash and
rubbish receptacles within the confines of the concession operations areas, including a
dumpster and enclosure. The Concessionaire 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 Concessionaire agrees to perform daily removal of litter in the
immediate exterior area within fifty (50) feet of the concession. The County shall be
responsible for the removal of all trash from the dumpster. The County may assess a
monthly fee for its services and the County reserves its right to implement.
The Concessionaire shall have a neat and orderly operation at all times and shall be
solely responsible for necessary housekeeping on and around the COA.
9. UTILITIES. Water and electric service cost will be the responsibility of_the County as
there are not separate meters for the building.
Any other utilities that are for the benefit of the Concessionaire shall be paid by the
Concessionaire (ie WiFi, Telephone, Facsimile, etc).
10. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits
and licenses necessary for the conducting of business and shall comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Concessionaire. Appropriate licenses and permits shall include but not be limited to
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Food & Beverage Concession for Collier County
compliance with Health Department requirements including: Food Manager Certification;
State of Florida Department of Business and Professional Regulation Food Service
License; State of Florida Department Division of Corporations Registration; Resale
Certification; and Safe Serve certified (certification form needs to be provided for all
employees).
The Concessionaire shall also be solely responsible for payment of any and all taxes
levied on the concession operation or any other taxable activity on the premises. In
addition, the Concessionaire shall comply with all existing and future applicable rules,
regulations and laws of Collier County, the State of Florida, or the U.S. Government.
11. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for
this Agreement, a percentage of the total gross revenue of the Concessionaire's
business, including any special event operations as follows: a firm fixed monthly
concession commission of 20% or not less than one thousand dollars ($1,000) per
month. Said payments shall be tendered to the County by the fifteenth (15th) of each
month for the preceding month and such payments shall be accompanied by a Statement
of Gross Receipts for the preceding month. Such Statement of Gross Receipts shall be
certified as true, accurate and complete by the Concessionaire.
The County is to receive its revenue payment as net, free and clear of all costs and
charges arising from, or related to Concessionaire's obligations under this Agreement,
and 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 Concessionaire under the privileges granted
by this Agreement or other document entered into with the County, excluding amounts of
any Federal, State or other tax collected by the Concessionaire from customers and
required by law to be remitted to the taxing authority.
The Concessionaire shall provide the County a copy of its State Sales and Use Tax
Report, as prescribed by the State of Florida Revenue
http://dor.mvflorida.com/dor/taxes/sales tax.html#tab1.
12. DEFAULT IN PAYMENT. The monthly 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 Facilities Management or Designee, to be received by the
fifteenth (15th ) of each month. In the event the Concessionaire fails to pay this
consideration within five (5) days of such due date, 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
Concessionaire of its failure to remit any such payment or report.
If the payment of consideration and accumulated daily penalties are not received within
thirty (30) days after the normal monthly due date, then the County may take possession
of the Concessionaire's assets on County property, may terminate this Agreement. A
monthly report as identified in Section 13 shall also be submitted to the Director of
Facilities Management or Designee, by the fifteenth (15th) of each month. This report
shall accompany the monthly Statement of Gross Receipts and shall be subject to audit.
Concessionaire's failure to remit any such payment or produce the reports shall be
considered a material breach of the Agreement.
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13. MONTHLY REPORTING REQUIREMENTS. The Concessionaire will be required to
submit written monthly reports specific to COA by the fifteenth (15th) day of the following
preceding month that contain the following stated below. Concessionaire's failure to
produce these required monthly reports shall be considered a material breach of the
Agreement.
A. Certified Monthly Location Total Sales Report: By location, a summary report which
identifies the total:
• Monthly gross sales by category (i.e. food, beverage, ice cream/frozen,
merchandise, etc.);
• Tax dollars for the gross sales;
• Gross Sales dollars less tax;
• Credit card number of transactions and dollar amount;
• Cash number of transactions and dollar amount; and,
• A written certification statement which contains The following: "To the best of
my knowledge, The Certified Monthly Location Total Sales Report, and any
additional reports attached hereto, are accurate and reflect the sales and
commission owed to the County."
B. Daily Transaction Report: An itemized transaction report which identifies:
• A transaction reference number that includes the category (i.e. food,
beverage, ice cream/frozen, merchandise, etc.), the cost by item, related
sales tax, the total of the individual transaction and the payment method
(credit card or cash). The final page of the report should summarize the total
number of transactions for that day, the dollar of cash transactions and the
dollar total of credit card transactions.
14. OPERATIONS. The Concessionaire shall use point-of-sale (POS) electronic cash
machines or other electronic accounting control equipment for the proper control of all
payments. All 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 Facilities Management 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 Concessionaire may sell any concessions desired as long as such items are
permitted under Florida state law and the Concessionaire has obtained the proper
licensing/tax permits for such sales and approved in writing by the Director of Facilities
Management or Designee. Any and all alcoholic beverage sale and tobacco products are
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Food & Beverage Concession for Collier County
not permitted. Any equipment necessary for the sale of concessions must be furnished
and maintained by the Concessionaire.
15. FINANCIAL REVIEW, RECORDS, AUDIT. The Concessionaire shall provide, at its
expense, an annual independent review of the Concessionaire's financial records. The
purpose of this review is to substantiate that the County has been compensated in
accordance with this Agreement.
Concessionaire 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 Concessionaire 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 a frequency determined by the
County and communicated to the Concessionaire. The Concessionaire 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 Concessionaire, all at no cost to the
County.
16. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all
facilities, is due to unforeseeable causes beyond the control of Concessionaire, and not
due to its own fault or neglect, including but not restricted to, acts of nature or of public
enemy, acts of government or of the County, fires, floods, hurricanes, civil disorder,
epidemics, quarantine regulations, strikes or lock -outs, etc., the County will allow pro rata
adjustment of monthly payments up to the time such damage is repaired and/or the loss
of time related to the closure of the facilities. The County must be made aware of the time
of closure within forty-eight (48) hours up to the time the damage is repaired or other
circumstances return to normal.
17. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the COA any personal property brought thereon or any replacements thereto by the
Concessionaire for the purpose of this Agreement, except such items as may be
removed with the express written permission of the Director of Facilities Management or
Designee. Upon expiration of the term specified in Section 1, if the Concessionaire has
made full payment under this Agreement, and has fully complied with the terms of this
Agreement, Concessionaire may remove personal property from Collier County
Government Complex and shall do so within fifteen (15) days following the expiration of
this Agreement, provided such personal property must be removed without damage to
the premises. On Concessionaire's failure to do so, the County may cause same to be
removed and stored at the cost and expense of the Concessionaire, and the County shall
have a continuing lien thereon in the amount of the cost and expense of such removal
and storage until paid, and County may sell such personal property and reimburse itself
for such costs and expense, plus all expenses of the sale.
18. MARKETING. The Concessionaire shall actively market the Concessions programs at
the Collier County Government Complex concessions. Proof of advertising such as
written marketing programs and literature should be reviewed by the Director of Facilities
Management or Designee, prior to distribution to the public and must be submitted two
(2) weeks prior to the actual advertising date. Updates need to be provided to the
Director of Facilities Management or Designee before advertisement changes are made.
Any social media notices must be provided 24 hours in advance. Promotional incentives
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Food & Beverage Concession for Collier County
and discounts will be discussed with the Director of Facilities Management or Designee
prior to promotion.
19. COOPERATION. The Concessionaire 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 Facilities Management or Designee. The Concessionaire will
work with the County's Wellness Manager to provide healthy entree and snack items that
meet the following guidelines:
•All products purchased contain Og of Trans fats.
•AII individual items have <_ 480mg sodium per serving, unless otherwise indicated on
menu board.
• No purchase of food products prepared by deep frying (unless pre -approved by
Wellness).
• Whole grain options offered on menu.
• Beverages: At least 50% of the beverage options must be made up of one or more of
the following:
o Water, including carbonated
o Plain (no added flavor or sugar) non-fat or 1% low fat dairy milk, "light"
yogurt (120 calorie)
o Plant -derived milk (e.g. soy, rice, almond) with 130 or less calories per 8 oz
serving
o Low -calorie beverages that do not exceed 40 calories per 8 oz serving
o Non -sweetened tea or coffee
• Entree Salads made with lean meats and low fat cheeses.
• Vegetarian options such as turkey burgers, bean burgers, or hummus and vegetable
wraps or flatbreads.
• No alcohol related products and/or advertisement.
The County shall provide Concessionaire with advance notice of any special event and
shall coordinate with the Concessionaire regarding same. County shall provide
Concessionaire with notice of the availability of plans for any remodeling of the facilities.
20. INSPECTION. The Concessionaire shall, to the satisfaction of the Director of Facilities
Management or authorized representative provide normal and routine inspections, per a
mutually agreed upon schedule (documented in an inspection log available for County
inspection) of the facilities, designed to keep the premises and equipment in a good state
of repair, free from hazardous conditions and deterioration, thus providing for the comfort
and safety of visitors and patrons. The Concessionaire shall ensure that COA's are to be
available for inspection by designated County representatives during regular operating
hours and at other times upon reasonable notice.
The County reserves the right to conduct unscheduled inspections at any time by an
authorized representative of the Director of Facilities Management, or by any other
agency having responsibility for inspections of such operations. Concessionaire shall
undertake immediately the correction of any deficiency as cited by such inspectors,
failure to comply shall be considered a material breach of the Agreement.
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21. WAIVER OF INTERFERENCE. The Concessionaire 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 Concessionaire from any
obligation hereunder.
22. WAIVER OF LOSS FROM HAZARD. The Concessionaire 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. Concessionaire 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, Concessionaire 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 Concessionaire 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. EMPLOYEES; MANAGER. The Concessionaire 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,
Concessionaire shall supply competent employees, who are physically capable of
performing their employment duties and the County may require the Concessionaire 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. All Concessionaire employees shall wear shirts and shorts
with the Concessionaire's logo or other identifying marking. The Concessionaire shall
have an experienced manager overseeing the concession operations at all times when
open for business. When the manager is absent, the operation shall be directed by an
assistant manager, experienced and trained in Food and Beverage Concession
operations and at least twenty-one (21) years of age. All managers will be Food Safe
Compliant with all State of Florida and Collier County "Serve Safe" requirements and
licenses. There shall be an after-hours contact person available by telephone and the
contact phone number shall be provided to the Director of Facilities Management, or
Designee.
26. HOURS OF OPERATION. During the term of this Agreement the concession operation
shall, at a minimum, be open and properly staffed in accordance with the operating hours
of Collier County Government Complex, as defined by the Director of Facilities
Management or Designee. The Concessionaire may open additional days, subject to
prior written approval of the Director of Facilities Management or Designee. All hours of
operation shall be conspicuously posted and easily read by visitors. The Government
Complex is open Monday through Friday from 7AM — 5PM.
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27. USE OF THE FACILITIES IS PRIMARY. The Collier County Government Complex is for
the use of the public and the public's right to such use shall not be infringed upon by any
activity of the Concessionaire. However, this does not preclude the Concessionaire from
scheduling promotional events, which might temporarily limit access to the event site,
subject to the prior written approval for each event, on a case-by-case basis, by the
Director of Facilities Management or Designee.
28. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person
to use in any manner whatsoever, the concession 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 any violation of this Agreement by the Concessionaire, or if the County or
its authorized representative shall deem any conduct on the part of the Concessionaire to
be objectionable or improper, the County shall have the right to suspend the operation of
the concession. Should the Concessionaire fail to promptly 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 shall continue
until the violation is cured. The Concessionaire further agrees not to commence operation
during such suspension period until the violation has been corrected to the satisfaction of
the County.
29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed
or national origin in the operations referred to by this Concession Agreement; and further,
there shall be no discrimination regarding any use, service, maintenance, or operation of
the premises. All facilities located on the premises shall be made available to the public,
subject to the right of the Concessionaire to establish and enforce rules and regulations
to provide for the safety, orderly operation and security of the facilities.
30. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the
facilities 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.
31. DEFAULT AND TERMINATION. If the Concessionaire 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 Concessionaire, the County may terminate this Agreement
and revoke the privilege of the Concessionaire 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.
In the event of any violation of this Agreement by the Concessionaire, or if the Director of
Facilities Management or Designee, shall deem any conduct on the part of the
Concessionaire to be objectionable or improper, the County shall have the right to
suspend the operation of the concession should the Concessionaire fail to promptly
correct any such violation, conduct, or practice to the satisfaction of the Director of
Facilities Management or Designee. The Concessionaire shall not commence operation T-5 Page 19
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during such suspension until the violation has been corrected to the reasonable
satisfaction of the Director of Facilities Management or Designee.
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 Concessionaire to
maintain the approved hours of operation or failure of the Concessionaire 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 Concessionaire 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, Concessionaire's recovery
against the County shall be limited to that portion of the Contract Amount earned through
the date of termination. The Concessionaire 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.
32. COUNTY CONTROL OF CONCESSION. Nothing in this Agreement will preclude the
County from using the public areas of Collier County Government Complex for public
and/or civic purposes. In the event of occurrences previously mentioned, the
Concessionaire will be notified, as deemed necessary by the Director of Facilities
Management or Designee.
33. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with
the Law of the State of Florida.
34. VEHICLES. Vehicles are allowed in the areas only where roadways are provided.
Vehicles shall park only in areas designated by the County for vehicle parking. Any
vehicles that are to be used for concessions must have prior written approval of the
Facilities Management Director or Designee.
35. STORAGE. No overnight storage of any kind shall take place on the premises unless
approved in writing by the Director of Facilities Management or Designee, and is
contingent upon approval of the appropriate permitting agency.
36. STORM WARNING. Upon declaration of a hurricane projecting an imminate strike, or
the implementation of evacuation procedures from Collier County, Concessionaire shall
meet with the Director of Facilities Management 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.
37. CONTAINERS. The sale of items in glass containers is not permitted. The County has a
recycle program in place and the Concessionaire will make every effort to comply with
that program with respect to the disposal of containers.
39. SAFETY AND SECURITY: The Concessionaire must provide at its expense any security
measures to protect its area, equipment and materials. Such security measures may not
violate any other restriction(s) of this Agreement. The County will not assume any
responsibility for COA security or alarms other than the security cameras at common
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areas. Smoke, fire or fume activation within the concessionaire's work area, and the
reporting of those activations to the County is the responsibility of the Concessionaire.
In the event of any emergencies, safety or security accident or incident to employees,
visitors, and/or property the Concessionaire must communicate to the Director of
Facilities Management or Designee, immediately followed by a written incident report.
The Concessionaire is to have a written safety and security plan for the COA. The
Concessionaire will cooperate with all jurisdictional law enforcement agencies and
personnel.
38. SIGNAGE. The Concessionaire 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 Facilities Management or Designee. Signs that will be used
for advertising purposes shall be constructed and maintained to County standards as
defined by the Code Compliance Department. The use of the Collier County Logo is
prohibited.
39. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Concessionaire shall defend, 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, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Concessionaire or
anyone employed or utilized by the Concessionaire in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
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.
The duty to defend under this Article is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the
Concessionaire, 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 Concessionaire. Concessionaire's obligation to indemnify and defend
under this Article 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.
40. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure
the following insurance with insurance companies licensed in the State of Florida, and
provide Certificates of Insurance to be attached to this Agreement.
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 for aggregate for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
Page 111 P O
Agreement # 17-7108 111
Food & Beverage Concession for Collier County
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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 all their applicable state and federal laws.
D. Employer's Liability: $500,000 single limit per occurrence.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
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 thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) 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 Contractor 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 the Contractor is required to meet.
41. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Division. As used herein, the word "County"
shall refer to the Director of Facilities Management or Designee, unless the context
renders such construction illogical.
42. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the agreement as if herein
set out verbatim: All Insurance Certificate(s); Exhibit — A RFP No. 17-7108, including the
Addendum, and Exhibit B - Concessionaire's Proposal.
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 RFP, the Contractor's Proposal, and/or
the County's Board approved Executive Summary, the Contract Documents shall take
precedence.
44. 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 a
Page 112
Agreement # 17-7108
Food & Beverage Concession for Collier County
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, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
45. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Concessionaire 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.
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,
Page 11
Agreement # 17-710 �
Food & Beverage Concession for Collier County
Company ID Number: 845595
Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E -Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E -Verify at 1-888-464-4218.
Page 12 of 17 E -Verify MOU for Employers i Revision Date 06/01/13
Company ID Number: 845595
Approved by:
Employer
Zacks Food Cart Ministry Catering
Name (Please Type or Print)
Zackory Young
Title
Signature
Electronically Signed
Date
01/19/2015
Department of Homeland Security —Verification Division
Name (Please Type or Print)
Title
Signature
Date
Page 13 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
Company ID Number: 845595
Information Required for the E -Verify Program
Information relating to your Company:
Zacks Food Cart Ministry Catering
Company Name
1031 21 street sw
Naples, FL 34117
Company Facility Address
Company Alternate Address
County or Parish
COLLIER
Employer Identification Number
465213411
North American Industry
722
Classification Systems Code
Food Cart Ministry
Parent Company
Number of Employees
10 to 19
Number of Sites Verified for
1
Page 14 of 17 E -Verify MOU for Employers i Revision Date 06101113
Company ID Number: 845595
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
FLORIDA 1 site(s)
Page 15 of 17 E -Verify MOU for Employers I Revision Date 06101/13
`��'' 1111111
Company ID Number: 845595
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
ULCIe [4M- --etOA O=1 .
IJID--e DaJCeO (L ,9) C90OOC84
Fu.:IULA7L�-U
013nh-ATTbss riFaTrTrr=o LL CiUILLO
LIODe OfY.T=7JC1R 00 L�7
❑LLLe EIDLU-aO (LT --9) C9UOLT_98
FLTJnCUaD
OJta1-ALCEess (:IF117171791-1 FfiIICf1-1
Page 16 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
A.10M\�
Company ID Number: 845595
Page 17 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
i
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Y
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS 850-487-1395
TALLAHASSEE FL 32399-1011
ZACK'S FOOD CART MINISTRY CATERING
ZACK'S FOOD CART MINISTRY CATERING
717 99TH AVE_ N.
NAPLES FL 34108
Fion!;r, Ines tint: Division of Hotels and Restaurants
Bus'(�?� MOBILE LICENSE DECSTATE OF FLORIDA
Professional
Regulation Expiration t DEPARTMENTOFBIJSINESSAND
PROFESSI4tL REGULATION
CetDate: 01/20/2017 HTD215025' 'SUED ".01/22/2017
File No: 34528 121/2017
HOT DOG CA14T
NOT TRANSFERABLE ZACK'S FOOD) T itN s ,CATERING
oft
HTIJ
ZACK'S FOOD CART ATERING
Z 150251
ZACK'S F ti..... _,....
OOD CART MINISTRY CATERING
OWNER: ZACK'S FOOD CART MINISTRY CATERING IS LICENSED under the;proulslons of Ch.509 FS.
Expva6cn C. -le : DE 1, 21)17,.:... Lt,'01220u�uH23
t;ocation Address
5000 LIVINGSTON ROAD
-ES, FL 34109
VIN: Not Decal issued: 01/23/2017
Florida la' this decal to be affixed in a prominent
plac licensed vehicle, cart or machine. i HERE
RICK SCOTT GOVERNOR MATILDE MILLER, INTERIM SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
HTD2150251 VIN NUMBER.'
Fhe HOT DOG CART (2014)
IVarned peww 10 LLI�CIVJCU
Under the provisions of Chapter 509 FS.
Expiration date: DEC 1, 2017
ZACK'S FOOD CART MIN]I;S ;ATERING
ZACK S FOOD CART-M!14--,21'ARIN�
1500!3 LiVINGSTO��
NAPLES FL 34"9
7,
ISSUED: 01/22/2017 DISPLAYAS
REQUIRED BY LAW
SEQ # L1701220000823
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION }
DIVISION OF HOTELS AND RESTAURANTS
NOS2102901 NBR. OF SEATS: 0
-he NON -SEATING FOOD SERVICE (2010)
IVGI I ICU LCIUVV IJ LIIVJLIJ
Under the provisions of Chapter 509 FS.
Expiration date: DEC 1, 2017
ZACK'S FOOD CART MIN
ZACK'S SNACKS
15000LIVIN'GSTON RD�•�J'
NAPLES FL 3409
ISSUED: 01/22/2017
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA-nON
DIVISION OF HOTELS AND RESTAURANTS
NO.S2102910NBR. OF SEATS: 0
he NON -SEATING FOOD SERVICE (2010)
ImmaIA h_! IC I Irrcnlccn
f
Under the provisions of Chapter 509 FS.
Expiration date: DEC 1, 2017
NOW
a: TRANSFERABLE.
ZACK'S FOOD CART MIND Tf Y, jdATERING INC ,
ZACK'S SNACKS (SOCGER� w
15000 LIVINGSTON
NAPLES
qurtl"k'kXvt Mkt`
k � '
ISSUED: 01/22/2017 DISPLAY AS REQUIRED BYLAW SEQ# L1701220000763
STATE OF FLORIDA
DEPARTMENT
VIaBUSINESS
OF EGULATION
HOTELS AND RESTAUURANTS
RESTAURANTS
NOS2102909 NBR. OF SEATS: 0
The NON-5EAI INCA rvvu JtKv1ur- Vu 1U/
Named below IS LICENSED
Under the provisions of Chapter 509 FS.
Expiration date: DEC 1, 2017
S FOOD CART RAIN ISTR3V CATERING INC
v f
�fla.w
NON-
TRANSFERABLE.
ZACK'S SNACKS (SOFTBA�""t'".
15000 LIVINGSTON RD :: A
NAPLES FL.341fl9
41
ISSUED: 01/22/2017 DISPLAY AS REQUIRED BY LAW SEQ# L1701220000762
u:
NON-
ro� k
TRANSFERABLE .
16
I
RING INC
;
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA-nON
DIVISION OF HOTELS AND RESTAURANTS
NO.S2102910NBR. OF SEATS: 0
he NON -SEATING FOOD SERVICE (2010)
ImmaIA h_! IC I Irrcnlccn
f
Under the provisions of Chapter 509 FS.
Expiration date: DEC 1, 2017
NOW
a: TRANSFERABLE.
ZACK'S FOOD CART MIND Tf Y, jdATERING INC ,
ZACK'S SNACKS (SOCGER� w
15000 LIVINGSTON
NAPLES
qurtl"k'kXvt Mkt`
k � '
ISSUED: 01/22/2017 DISPLAY AS REQUIRED BYLAW SEQ# L1701220000763
STATE OF FLORIDA
DEPARTMENT
VIaBUSINESS
OF EGULATION
HOTELS AND RESTAUURANTS
RESTAURANTS
NOS2102909 NBR. OF SEATS: 0
The NON-5EAI INCA rvvu JtKv1ur- Vu 1U/
Named below IS LICENSED
Under the provisions of Chapter 509 FS.
Expiration date: DEC 1, 2017
S FOOD CART RAIN ISTR3V CATERING INC
v f
�fla.w
NON-
TRANSFERABLE.
ZACK'S SNACKS (SOFTBA�""t'".
15000 LIVINGSTON RD :: A
NAPLES FL.341fl9
41
ISSUED: 01/22/2017 DISPLAY AS REQUIRED BY LAW SEQ# L1701220000762
16
I
DISPLAYAS
REQUIRED
BY LAW
SEQ# L1701220000761
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA-nON
DIVISION OF HOTELS AND RESTAURANTS
NO.S2102910NBR. OF SEATS: 0
he NON -SEATING FOOD SERVICE (2010)
ImmaIA h_! IC I Irrcnlccn
f
Under the provisions of Chapter 509 FS.
Expiration date: DEC 1, 2017
NOW
a: TRANSFERABLE.
ZACK'S FOOD CART MIND Tf Y, jdATERING INC ,
ZACK'S SNACKS (SOCGER� w
15000 LIVINGSTON
NAPLES
qurtl"k'kXvt Mkt`
k � '
ISSUED: 01/22/2017 DISPLAY AS REQUIRED BYLAW SEQ# L1701220000763
STATE OF FLORIDA
DEPARTMENT
VIaBUSINESS
OF EGULATION
HOTELS AND RESTAUURANTS
RESTAURANTS
NOS2102909 NBR. OF SEATS: 0
The NON-5EAI INCA rvvu JtKv1ur- Vu 1U/
Named below IS LICENSED
Under the provisions of Chapter 509 FS.
Expiration date: DEC 1, 2017
S FOOD CART RAIN ISTR3V CATERING INC
v f
�fla.w
NON-
TRANSFERABLE.
ZACK'S SNACKS (SOFTBA�""t'".
15000 LIVINGSTON RD :: A
NAPLES FL.341fl9
41
ISSUED: 01/22/2017 DISPLAY AS REQUIRED BY LAW SEQ# L1701220000762
Go�ier Ctl�+.vity
ri:rir��., atve Scr..'v:..s' Dress v�r+ert
Attachment 3: Conflict of Interest Affidavit
The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any
Collier County project affiliated with: 17-7108 Food & Beverage Concession does not pose an
organizational conflict as described by one of the three categories below:
Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier
County project identified above (e.g., writing a procurement's statement of work, specifications, or
performing systems engineering and technical direction for the procurement) which appears to skew
the competition in favor of my firm.
Impaired objectivity — The firm has not performed work on an affiliated past or current Collier
County project identified above to evaluate proposals / past performance of itself or a competitor,
which calls into question the contractor's ability to render impartial advice to the government.
Unequal access to information — The firm has not had access to nonpublic information as part of
its performance of a Collier County project identified above which may have provided the contractor
(or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / consultant must provide the following:
1. All documents produced as a result of the work completed In the past or currently being worked
on for the above mentioned project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine")
or through non-public (not in the "sunshine') conversation (s), rieeting(s), document(s) and/or
other means.
3. Failure to disclose all material or having an organizational conflict in one or more of the three
categories above be identified, may result in the disqualification for future solicitations affiliated
with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the project
identified above has been fully disclosed and does not pose an organizational conflict.
Firm:
Signature and Date: / `` 41111",
Print Name:
Title of Signatory: ell ill�
State
County
SUBSCRI ED A,ND SWQRN to before me this J t day of YVt 20
by U cK /� i` V, S who is per Wally known to me to be the
for the Firm, OR who produced the following identification
1(✓IC, 23/2,32-v
Commission Expiration
17-7 flr�g
RFP _Food & Beverage Concession for Collier Cotyoty_12092019
`2r .
~votier County
Adr4 m-- a Na Scmicy 3eparanen
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 17-7108 "Food & Beverage Concession for Collier County"
Dear Commissioners:
The undersigned, as Contractor declares that this proposal is made without connection or arrangement
with any other person and this proposal is in every respect fair and made in good faith, without collusion
or fraud.
The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose
of establishing a formal contractual relationship between the firm and Collier County, for the performance
of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon
the proposal documents listed by the above referenced Solicitation 17-7108 "Food & Beverage
Concession for Collier County."
(Proposal Continued on Next Page)
17-7108
RFP—Food & Beverage Concession for Collier Counry_12092016
28
PROPOSAL CONTINUED
IN WITNESS WHE F, VYE have hereunto subscribedr names on this day of. n4 -V 20 j
in the County of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number.
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Send payments to:
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone
FAX:
Z <a? `i ' (2 Ci -i -,31Q Y
Additional Contact Information
Company name used as payee
Email: zz 0t ,V & Cl (y%-' DC
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
T18e:
Address:
City, State, ZIP
Telephone: Email
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
29
A1!trer5rat-,e SMIM—., Vicar r e '1
P;�uY:ner; e: +;x�.Or::srJr
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 17-7108 "Food & Beverage Concession for Collier County" (Check Appropriate Boxes Below)
State of F/orida (Select County if Vendor is described as a Local Business
Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurement
Ordinance:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector
for at least one year prior to bid or proposal submission to do business within Collier County, and that Identifies the
business with a permanent physical business address located within the limits of Collier County from which the
vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office
Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or
other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition
to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic
development and well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base,
and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as
a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a
proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to
one year.
Vendor must complete the following information:
Year Business Established in Collier County or ❑ Lee County: �(
Number of Employees (Including Owner(s) or Corporate Officers): 1
Number of Employees Living in'A Collier County or ❑ Lee (including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
(�
Vendor Name: ��4 .� `j�td � /�%n�.Ls %'�,1r� a eJ
Collier or Lee `.. " , 6I -7,; 9 a' cif -91F' `%
Signature. —
Title:
STATE OF FPORIUA 6❑
COLLIER COUNTY LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this aY
201-4'%
/ Notary Public
My Commission Expires: v" 2 z 2 s 2
Day of
17-7100
RFP–Food & Beverage Concession For Collier County_12092016
30
i'I:
CO qty 'Alf,
Azfinn--4--t�c slew c -sDer-ut-
Attachment 6: Immigration Affidavit Certification
Solicitation:17-7108 "Food & Beverage Concession for Collier County"
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the
properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E -Verify program, may deem the Vendor! Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's ! Bidder's proposal.
c
- Company Name 7�yL�C S 71oD �, ���4 /l�.ni� 3 r7C (J ('� ri2�'✓ - = n�` .
Print Named %) ,`%d vn� Title
Signature /�!/ C- Date �1/
State of f �3 ,� t ►�n
County of
Theoregoing instrument was signed and acknowledged before me this 0 day of 7
2011�, by
1
Z pCVS 2 Yu-- who has produced r G o as identification.
(Print or pe Name) (Type of Identification and Number) _.
Nota P blic Signature
cr�v
PdnW,NamQ of Notary Pubii
20,,2u2v
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and -accuracy
of this affidavit to interrogatories hereinafter made -
17 -7108
RFP Food & Beverage Concession for Collier County_12092016
31
1.
Attachment 7: `Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
infomation for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes)_ Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Iriformation (provide all information)
Taxpayer Name—';7 Ae'L'L"`>,Iv iPr,
(as shown on income tax retum,
is
Business Name ,-74-c.4 3 rc=-tf r � '^ ir^,•
(if different from taxpayer natj
Address _7� % 9 i .4 y /*2
State 7—
Telephone L 3 :' /c L �% 3 FAX
city
Zip _. �6t?7 J,
Email r'�`+- L%z•- "i • t-_ <:� e:
Girder Infonnation Rernit i Payment Information
Address /.f c'r �u: Address! a r n"—
City 114..Ii+ j State '—r Zip rr `i /1 city fl!4' ' stats Zip
FAY __..._—._ FAX ____
Email a Jy.Y0V, k� Gi %n, _,_ Email ?X�i
2. Company Status (check only one)
/ Sole Proprietor
Corporation
Partnership
_Individual
r
_Tax Exempt (Federal ircome tax-exempt entity
— Limited Liability Company
under Internal Revenue Service guidelines IRC
501 M3)
I!f Enter the tax classirication
(D = Disregarded entity, C = Corporation, P = parrnership
3, Taxpayer Identification Dumber (for tax reporting purposes only)
I Federal Tax Identification Number (TIN) _�S ' t t t
(Vendors who do not have a TIN, will be required to prode a social security number prior to an award of the contract.) �
d. Sign and Date Form
Ceriificaiion: under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
17-7108
RFP_Foon. a Beverage Concession for Collier County_12032018
32
r,
Cai1-ier cQty
Attachment 8: Insurance and Bonding Requirements
Insurance/ Bond Type Required Limits
1. ❑Worker's Compensation Statutory limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ®Employer's Liability
$500,000 single limit per occurrence
3, ®Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1.000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. ❑Indemnification
To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant 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, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or 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.
4. ® Automobile Liability
$ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworkers Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
Ji-L�4v�+1� e,,j/-fit. C. % i'>'
❑ Valuable Papers Insurance $ Per Occurrence t .
= !}j j
❑ Employee Dishonesty !Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as uA or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ❑ Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners In Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
11. ❑ Thirty (30) Days Cancellation Notice required.
RLC 4/20/2017
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5 ) days of the award of this solicitation.
Name of Firm er %� "tl,— ij W 7. Date �G /
Vendor Signature 1:2�
Print Namer(_i
Insurance Agency Z= 'ffr .11
Agent Name /V -j Telephone Number, 2'
17-7108
RFP Food & Beverage Concession for Coiller County_12092016
34
%+drinP*0 va
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
U✓ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
❑ Any addenda have been signed and included.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
26
% CERTIFICATE OF LIABILITY INSURAI NCE uATE LMwM2EV2DNYYy)
%� OEV017 —
THIS CERTIFICATE 19 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 C014TRACT BETWEEN THE WWNG INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMFORTANT. If the cartificate ho4der is an ADDITIONAL INSURED, the policy(ics) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION 13 WAIVED, subject to the terms and condifions of the pobcy, certain policies may require an endorsement A Statement on
tags certificate does not confer rights to the certificate holder in fieu of such endorsement(s).
PROOlicER CONTACT
NAME -
SCOTT HANSEN INSURANCE, ACFNCY INC p4driE
Ox� No. Fickk 23$-56&3344 sat
213aO I UMOKAL2E RD STE 1 . .... . .........
NAPLES- FL 34110... .. .
IN IiIR(S) AFFOROING c0V
-- ..!" manic
IA : STATE FARM FLORIDA
STATE FARM FIRE & CASUAJ-TY
ZAC)CS FOOD CART MINISTRY CATERING INC
15= LIVINGSTON RD
NAPLES, FL 34109-3808
COVERAGES CERTIFICATE NUMBER; REVISION NUMBER:
t MIQ 1,> 3V IA -2 I I, T JTIA I I Ht tULIK;Jt,'5 OF INt;VRANCE LISTED BELOW HAVE BEEN ISSUED TC) THE INSURED NAMED ABOw-' FOR THE POLICY PERIOD
INDICATEO NO-DVITHSIANDINC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RupscT TO V*41CH THIS
CER-nFICATt MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES. Ok-SCRIBED HCREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS ANC} CONDI'"ONS OF SIJCti POLICIES. LIMITS SHOM MAY HAVE BEEN REDUCED BY PAJD CLAIMS.
IWSR TYPE OF INSURANCE iJNSO11,;SV W 01�fU—CY t -Fr
POLICY exii
POUCY NUMBER rvmmwYym'1hR"QTfYYYI
UwTs
CQMMERCLAL GENERAL LIABILITY
XURRENCE" 1.000,000
EA04 00
BUSINESS MERCANTILE
—DEXP (Any nm pencn)
A Y S"Z-0547-4 01J26r2017 011--ndr2ol a r I —
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Collier County Board of County Comrnissionnr;, as Additionai Inured "for any and all work performed in Collier County"
I IUM
SHOULD ANY OF THE ABOVE EIESMBED POLICIES BE CANCELLED BEFtORE
THE EXPIRATION- DATE THEREOF, NOTICE WILL Be DELIVERED IN
4-041beT County Dvard Of COUnty COMMig$iOners ACCORDANCE Wrm THE POLICY PROVISIONS.
3327 Tamiarni Trail E
Napfes, FL 34112 AUTI-10,rEDRI[PR, WFA
6,
Q I 8-2015 , C P ON. All rights reserved.
ACORD 26 (2016M3) The ACOM name and logo are registered marks of AC D
I'Vil"Aw 117114s, 17 ZO-Ief .` 31G
Zack's Food Cart Ministry Catering Inc
DBA ZACK'S SNACKS
Our proposal is 20°0 of gross sales paid to Collier County
EXPERIENCE
My name is Zack R. Young I have spent my entire career in the
food and hospitality industry from 1991-2011 1 was employed
by SRP/IHOP restaurants where I opened every location in
Southwest Florida from Naples to Venice. I was a managing
partner with approx. 40 employees. I have a passion for people
and food. I stand by the motto qf3 quality food fast and
friendly. In 2011 1 decided to start my own business (Food Cart
Ministry). It started with a small hot dog cart on the side of a
road selling hot dogs and handing out bibles while praying for
people in need. We currently now have 4 hot dog carts, 3 BBQ
smokers and a wood fired pizza oven that are all mobile to
serve food in our community. Since 2011 we have also taken
over local high schools and little league concessions. We
currently operate at 6 different concessions. In addition to the
schools we operate at NCRP/SUN N FUN Lagoon Where we
have increased and set record sales for Collier County while
serving quality food fast and friendly.
MANAGEMENT OPERATION
currently have 2 managers that have split all of our locations
and have the experience to delegate and lead our team
members. Each manager is responsible for different task while
performing within the same functions. From payroll to labor
management, training, food cost control, customer service,
safety and security, cash management, and to maintain high
standards of cleanliness all of our employees are finger printed
and background checked through Collier County Facility
Management Department. Along with a pre employment drug
screening through Advance medical.
FOOD SERVICE CONCEPT
ZACK'S SNACKS
Known for "Naples Best Fresh Cut Fries"
We would serve Natural fresh cut fries (gluten free)
Organic salads, soup, sub sandwiches, Turkey burger,
Original Cuban sandwiches, authentic Italian beef sandwiches,
Italian sausages, hot dogs, hamburgers, pizza, Chicken Gyro,
Yogurt Parfait, Fountain beverages, energy drinks, vitamin
water, breakfast sandwiches, omelets, breakfast burrito, coffee,
tea, and orange juice. And don't forget the fresh daily smoked
BBQ.
CAPITAL INVESTMENT
spent some time here at the Cafe this past week there is some
changes I would like to make to the location of equipment and
possibly electrical out puts as of right now I think we can open
under new concept and food by July 17, 2017 if needed repairs
or investments are needed after we take over operation we can
discuss with Facilities Management. We would bring in our own
equipment and signage to open for business as soon as
possible.
PLAN FOR EXISTING STAFF
As mentioned before we currently have many locations
which come with many opportunities within our
company for staffing I am very pleased with the current
staff at Russell Cafe and would continue to offer
employment through the changeover and beyond if the
employees agree. When we took over NCRP we had 9
employees stay with us through the transition 5 of the 9
are still employed with us and the other 4 went away to
college We have the same requirements for employment
as Russell it is our upmost importance that the current
staff will utilize our motto of qf3 when taking care of
customers each employee will be on a 90 day
probationary period in which they may terminate at any
time. All of our team member positions are part time and
or seasonal with potential for growth into a management
position for the right person.
REVENUE PLAN
2017/2018 SALES GOALS
Our goal is to increase sales by 15% in the first calendar
year then a minimum of 10% each additional year
How is that goal going to be met?
We start with Fresh cut fries everyone loves fries
All of our sandwiches will be paired with fries and a drink
as a combo.
We will work with Collier County Health and wellness
program so we can offer better choice options from
salads, wraps, gluten free options, non dairy options, and
organic options this will drive sales from the Vegetarian
customers to the Gluten free customers and anyone else
who is cautious of what they eat.
Marketing! We will have our management team be very
involved in the community reaching out to the local
lawyers, bail bonds offices, and Collier County
Government offices informing potential guest of
upcoming specials and delivery service to offices.
With the few changes needed at this location alone will
increase and drive sales to the cafe.
Each month our team Is responsible for increasing daily
sales on their shift our management team has reporting
tools and media based access along with our register
marketing program through emails and text. We usually
spend approx 1.75% of our monthly sales on advertising
and marketing.
TAB 7
I have read and agree to the RFP17-7108 conditions and
exceptions. No exceptions on our behalf
REFERENCES
Scott Hansen State Farm agent 239-566-3344
Jason Gibson Rita Italian ice 610-906-7161
Ernie Modugno Naples High School AD. 239-250-5300
239-377-2200
Wayne Zeigler Gold Medal 239-431-0635
David Williams GFS 239-596-7436
Steven Weisberg Collier County contract manager 239-
252-4070
Jen Sherman US FOODS 239-287-1503
The above references are individuals I have done
business realtions with in the past year.
Mate of Florida
Department of Revenue
DOR Hgme e -Services Home Print Page Contacts Loaout
Help—
Sales Tax - Click for Help
Original Return
FOR YOUR RECORDS ONLY - DO NOT MAIL
Cancellations must be done before 5:00 p.m. ET on the submission date. If the submission is completed
after 5:00 p.m. ET on the submission date, weekend, or holiday the cancellation must be done before 5:00
p.m. ET the next business day. All cancellations are permanently deleted from our database.
Access Source: 21-8016691155-1
Confirmation Number: 170419075842
Certificate Number Collection Period Confirm Date and Time
21-8016691155-1 03/2017 04/19/2017 09:35:44 AM ET
Label
Location Address
1031 21ST ST SW
NAPLES, FL 34117-4305
ZACK'S FOOD CART MINISTRY CATERING
INC
717 99TH AVE N
NAPLES, FL 34108-2231
DR -15
Contact Information
Name Tc�
Phone 239 ) 692 - 3298
Email
zryoung9@aol.com
DR -15
2017 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P14000025568
Entity Name: ZACK'S FOOD CART MINISTRY CATERING INC.
Current Principal Place of Business:
717 99 AVENUE NORTH
NAPLES, FL 34108
Current Mailing Address:
717 99 AVENUE NORTH
NAPLES, FL 34108 US
FEI Number: 46-5213411
Name and Address of Current Registered Agent:
YOUNG, ZACKORY R
717 99 AVENUE NORTH
NAPLES,FL., FL 34108 US
FILED
Jan 11, 2017
Secretary of State
CC2123616623
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail
Title
P
Name
YOUNG, ZACKORY R
Address
717 99 AVENUE NORTH
City -State -Zip:
NAPLES FL 34108
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: ZACKORY R. YOUNG OWNER 01/11/2017
Electronic Signature of Signing Officer/Director Detail Date
Signature:
$
943.32
zack'young
$
0.00
7. Total Tax Due
$
Phone Number:
8. Less Est Tax Pd/DOR Cr Memo $
0.00
239-692-3298'
0.00
10. Amount Due
$
943.32
EMall Address:
$
0.00
zryoung9@a6l.com
12. Plus Penalty
$
Florida
13. Plus Interest
1. Gross Sales 2. Exempt Sales.
3. Tapable Amount .'.:
,,: 4,.
Tax Collected .
A. Sales/Services
$
16887.05
$ 1165.00
$
15722.05
$
943.32
B. Taxable Purchases
0.00
15(c). Amounts Subject to Surtax at a Rate DIFFERENT than Your County Surtax Rate
15(c). $
$
0.00
$
0.00
C. Commercial Rentals
$
0.00
$ 0.00
$
0.00
$
0.00
D. Transient Rentals
$
0.00
$ 0.00
$
0.00
$
0.00
E Food & Beverage
$
0.00
$ 0.00
$
0.00
$
0.00
Vending
21(a). $
0.00
21(b). Film and Entertainment Industry Credit
21(b). $
0.00
21(c). Economic Energy Zone Credit
21(c). $
5. Total Amount of Tax Collected
$
943.32
6. Less Lawful Deductions
$
0.00
7. Total Tax Due
$
943.32
8. Less Est Tax Pd/DOR Cr Memo $
0.00
9. Plus Est. Tax Due Current Month $
0.00
10. Amount Due
$
943.32
You have chosen not to donate your collection 11. Less Collection Allowance
$
0.00
allowance to education,
12. Plus Penalty
$
0.00
13. Plus Interest
$
0.00
14. Amount Due with Return
$
943.32
Payment you have authorized
943.32
15(a). Exempt Amount of Items Over $5000 (included in Column 3)
15(a). $
0.00
15(b). Other Taxable Amounts NOT Subject to Surtax (included in Column 3)
15(b). $
0.00
15(c). Amounts Subject to Surtax at a Rate DIFFERENT than Your County Surtax Rate
15(c). $
0.00
(included in Column 3)
15(d). Total Amount of Discretionary Sales Surtax Collected (included in Column 4)
15(d). $
0.00
16. Total Enterprise Zone Jobs Credits (included in Line 6)
16.$
O.DO
17. Taxable Sales/Untaxed Purchases of Electric Power or Energy
17.$
0.00
(included in Line A)
18. Taxable Sales/Untaxed Purchases of Dyed Diesel Fuel
18. $
0.00
(included in Line A)
19. Taxable Sales from Amusement Machines (included in Line A)
19.$
0.00
20. Rural and/or Urban High Crime area Job Tax Credits
20.$
0.00
21(a). Scholarship Fund Credit
21(a). $
0.00
21(b). Film and Entertainment Industry Credit
21(b). $
0.00
21(c). Economic Energy Zone Credit
21(c). $
0.00
21 Other Authorized Credits
21.$
0.00
Detail by FEI/EIN Number
Florida Department of State
Department of State / Dlvislon of Corporations I Search Records / Detail By Document Number /
Detail by FEI/EIN Number
Florida Profit Corporation
ZACK'S FOOD CART MINISTRY
CATERING INC.
Filing Information
Document Number
P14000025568
FEI/EIN Number
46-5213411
Date Filed
03/20/2014
Effective Date
03/20/2014
State
FL
Status
ACTIVE
Principal Address
717 99 Avenue north
NAPLES. FL 34108
Changed: 01/26/2016
Mailing Address
717 99 Avenue north
NAPLES, FL 34108
Changed: 01/26/2016
Registered Agent Name & Address
YOUNG, ZACKORY R
717 99 Avenue north
NAPLES,FL., FL 34108
Address Changed: 01/26/2016
Officer/Director Detail
Name & Address
Title P
YOUNG, ZACKORY R
717 99 Avenue north
NAPLES. FL 34108
Annual Reports
Report Year Filed Date
2015 02/11/2015
2016 01/26/2016
Page 1 of 2
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Detail by FEI/EIN Number
2017 01/11/2017
Document Images
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01/112017 —ANNUAL REPORT
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01262016 —ANNUAL REPORT
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03/202014 — Domestic Profit
View image in PDF format
FlotlJa Capartmen[ aI watt. DINiIOP of Cwprreom
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E—Verify.......l
+��••�illflu.:
Company ID Number: 845595
THE E -VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS) and the
Zacks Food Cart Ministry Catering (Employer). The purpose of this agreement is to set forth terms
and conditions which the Employer will follow while participating in E -Verify.
E -Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E -Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E -Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E -Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes.
3. The Employer agrees to grant E -Verify access only to current employees who need E -Verify access.
Employers must promptly terminate an employee's E -Verify access if the employer is separated from
the company or no longer needs access to E -Verify.
Page 1 of 17 E -Verify MOU for Employers I Revision Date 06/01113
tm. AV 6.0. r i
Company ID Number: 845595
4. The Employer agrees to become familiar with and comply with the most recent version of the
E -Verify User Manual,
5. The Employer agrees that any Employer Representative who will create E -Verify cases will
complete the E -Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E -Verify in order to continue using E -Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E -Verify.
6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E -Verify at
888-464-4218.
b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form 1-9.
7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen containing the case verification number and attach it to the employee's Form 1-9.
8. The Employer agrees that, although it participates in E -Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures.
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E -Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Page 2 of 17 E -Verify MOU for Employers i Revision Date 06/01/13
Company ID Number: 845595
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E -Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E -Verify.
b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E -Verify.
9. The Employer is strictly prohibited from creating an E -Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was
completed. The Employer agrees to create an E -Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been
completed), and to complete as many steps of the E -Verify process as are necessary according to the
E -Verify User Manual. If E -Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E -Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E -Verify User
Manual does not authorize.
11. The Employer must use E -Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee's E -Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee.
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Page 3 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
— �:.�•:` •,.. IIII III ,
Company ID Number: 845595
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E -Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
"foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration -related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VI I could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 2748 of the INA or Title VI I may also lead to the termination of its
participation in E -Verify. If the Employer has any questions relating to the anti -discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E -Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E -Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify(cDdhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when
sending a breach report to E -Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E -Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
Page 4 of 17 E -Verify MDu for Employers I Revision Date 06/01/13
Company ID Number: 845595
reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer's use of E -Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E -Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E -Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally -approved, federally -certified, or federally -recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E -Verify endorses or authorizes your E -Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E -Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer's services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E -Verify.
22. The Employer understands that if it uses E -Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E -Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E -Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E -Verify User Manual for Federal Contractors as well as the E -Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in
FAR 22.1801). Once an employee has been verified through E -Verify by the Employer, the Employer
may not create a second case for the employee through E -Verify.
a. An Employer that is not enrolled in E -Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E -Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E -Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E -Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
Page 5 of 17 E -Verify MOU for Employers 1 Revislon Date 06/01/13
E-Verffy___,
Company ID Number: 845595
b. Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E -Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E -Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E -Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E -Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E -Verify
case for an employee assigned to a contract as long as:
L That Form 1-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
iii. The Employer has reviewed the Form 1-9 information either in person or in
communications with the employee to ensure that the employee's Section 1, Form 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form 1-9 consistent with Article I I.A.6 or update the
previous Form 1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 6 of 17 E -Verify MOU for Employers I Revision Dale 06/01/13
Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E -Verify User Manual.
g. The Employer agrees not to require a second verification using E -Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E -Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E -Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E -Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E -Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E -Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
Page 7 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
MR Aff ®
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Company ID Number: 845595
Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E -Verify User Manual.
g. The Employer agrees not to require a second verification using E -Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E -Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E -Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E -Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E -Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E -Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
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Company ID Number: 845595
b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E -Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E -Verify process.
3. DHS agrees to provide to the Employer with access to E -Verify training materials as well as an
E -Verify User Manual that contain instructions on E -Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E -Verify.
4. DHS agrees to train Employers on all important changes made to E -Verify through the use of
mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to
E -Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E -Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of
Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6.. DHS agrees to issue each of the Employer's E -Verify users a unique user identification number and
password that permits them to log in to E -Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E -Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E -Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee's E -Verify
Page 8 of 17 E -Verify MOU for Employers I Revision Date 06/01113
\`� A
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Company ID Number: 845595
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E -Verify. The Employer must record the case verification number, review the employee
information submitted to E -Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA,
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E -Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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t;.w-Veriry ------------------
Company ID Number: 845595
employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee's documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E -Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E -Verify system enhancements by DHS or SSA, including but not limited to E -Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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Im AIV
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Company ID Number: 845595
B. TERMINATION
1. The Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E -Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E -Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E -Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E -Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E -Verify participant, will remain bound by the terms of this
MOU that apply to non -Federal contractor participants, and will be required to use the E -Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E -Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E -Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E -Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
Page 11 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
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 Concessionaire observes that the Contract Documents are at variance therewith, it
shall promptly notify the County in writing. Failure by the Concessionaire 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.
46. 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.
47. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Concessionaire extending the pricing, terms
and conditions of this solicitation or resultant contract to other governmental entities at
the discretion of the successful Concessionaire.
48. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement upon pre -approval by the Director of Facilities Management or Designee and
Concessionaire.
49. SECURITY. The Concessionaire is required to comply with County Ordinance 2004-52,
as amended. Background checks are valid for five (5) years and the Concessionaire shall
be responsible for all associated costs. If required, Concessionaire 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. Concessionaire shall be
required to maintain records on each employee and make them available to the County
for at least four (4) years.
All of Concessionaire's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Concessionaire ID badges are valid for one (1) year from the
date of issuance and can be renewed each year at no cost to the Concessionaire 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 Concessionaire's business.
The Concessionaire shall immediately notify the Collier County Facilities Management
Division via e-mail (DL-FMOPS(a).colliergov.net) whenever an employee assigned to
Collier County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of $500 per incident.
Page 114
Agreement # 17-7108
Food & Beverage Concession for Collier County
IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an
authorized person or agent, have executed this agreement on the date and year first above
written.
ATTEST:
Dwight. E. 8r6ck; -Cl6rk
Date: d t
Attest as;to dairm°
signature only.
Approved as to FoLegality:
aaqwl
A si�nt County Attorney
Name
i ness
NaamCC� �AC, (nCA-V1 -'I c-- C-'C;P-
eJand Title
V,
Witne
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:, E, ,,,1-2�
Penny Tayl hairman
CONCESSIONAIRE:
Zack's Food Cart M
Name an Title
Page 115
Agreement # 17-7108
Food & Beverage Concession for Collier County
Exhibit — A
Request for Proposal No. 17-7108
(following this page)
Page 116
Agreement # 17-7108T
Food & Beverage Concession for Collier County
REQUEST FOR PROPOSAL
co e -r CIOH"ty
Administrative Services Department
Procufcmwrt 8(:'i(: F;S GI."f' ion
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 17-7108
Food and Beverage Concession for Collier County
Viviana Giarimoustas
Procurement Strategist
239-252-8375 (Telephone)
VivianaGiarimoustas@colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
Our new address is 3295 Tamiami Trail East, Naples Florida 34112
Table of Contents
LEGALNOTICE.................................................................................................................................................................. 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT...........................................................................
4
EXHIBIT II: GENERAL RFP INSTRUCTIONS.........................................................................................................................10
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS....................................................................13
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................16
ATTACHMENT 1: VENDOR'S NON -RESPONSE STATEMENT...............................................................................................25
ATTACHMENT 2: VENDOR CHECK LIST.............................................................................................................................26
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT........................................................................................................27
ATTACHMENT 4: VENDOR DECLARATION STATEMENT....................................................................................................28
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS....................................................................30
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION...........................................................................................31
ATTACHMENT 7: VENDOR SUBSTITUTE W — 9.................................................................................................................32
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS........................................................................................33
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
2
cover county
Administrative Services Department
Froc;�aremen3 aerce•> Di4i�4an
Legal Notice
Sealed Proposals to provide Food Concession Services will be received until 1:00 PM Naples local
time, on May 10, 2017 at the Collier County Government, Procurement Services Division, 3295
Tamiami Trail E, Naples, FL 34112.
Solicitation
17-7108
"Food & Beverage Concession for Collier County"
Services to be provided may include, but not be limited to the following: food concession services for the
Collier County Board of County Commissioners.
A non -mandatory pre -proposal conference will be held on May 2, 2017, commencing promptly at 4:00
PM, and will be held in the Procurement Services Division Conference Room, Collier County
Government, Procurement Services Division, 3295 Tamiami Trail E, Naples, FL 34112. If this pre -
proposal conference is denoted as "mandatory", prospective Vendors must be present in order to
submit a proposal response.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Edward F. Coyman, Jr.
Director, Procurement Services
This Public Notice was posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building, Collier
County Government Center on April 21, 2017.
Our new address is 3295 Tamiami Trail East, Naples Florida 34112
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
3
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Facilities Management Division (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Procurement Services Division
(hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of
obtaining proposals from interested and qualified firms offering to provide food concessions services
in accordance with the specifications stated and/or attached herein/hereto. The successful proposer
will hereinafter be referred to as the "Contractor."
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Procurement Ordinance, as amended.
If awarded, a contract to provide these services will be effective on the date contract is approved by
the Board of County Commissioners (herein after, the BCC), signed by all required parties and filed in
the Office of Records and Minutes. The anticipated contract term will be for the period of sixty (60)
months. Additionally, by mutual agreement and funding availability, the contract may be renewed for
one term of sixty months. In no event, including renewal options, shall the contract exceed ten years.
An award, if made, will be made to the best overall proposer(s) whose proposal is most advantageous
to the County, taking into consideration the evaluation factors set forth in this RFP. The County will
not use any other factors or criteria in the evaluation of the proposals received.
Brief Description of Purchase
The purpose of this specification is to obtain proposals from vendors interested in providing food
concession services for the Collier County Board of County Commissioners. Historically the county
has received 16% of gross revenue from concession services with an annual sales of around
$105,000, however this may not be indicative of any future sales patterns.
Background
The Collier County Board of County Commissioners requests proposals from properly licensed and
insured companies to provide the following services:
Food and Beverage Concessions for Collier County facilities including but not limited to:
1. The Collier County Government Center located between East Tamiami Trail, Airport- Pulling Road
and Palm Drive. There are approximately 1000 employees on the site each day during regular
working hours (7 am to 5 pm) as well as members of the public who conduct business at the various
buildings during the same hours. The complex consists of multiple buildings including the Courthouse
(which includes weekly jury duty service), Tax Collector, Health Services and Sheriffs Office and jail
visitation center, and other business offices open to the public. The number of people on campus
each day is variable, but estimated at 2500. The utilization of the proposed concession would be
based on this combined figure. There is very little off-site traffic due to the location of the food
concession.
2. Other Collier County Government locations: This solicitation is for food concession services only at
the facility identified on the main campus location map (attachment provided) and is not related to any
other existing or future concession opportunities. The County currently utilizes other food service
providers under separate agreement for other County locations and also utilizes food truck providers
at the main campus location and other locations as required. The County also operates a farmers
market on the main campus one day per week.
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RFP—Food & Beverage Concession for Collier County_12092016
4
3. Additional services required may include: catering and delivery, emergency activations and events,
training seminars or meetings, open houses, ground breaking ceremonies, dedications, special
occasions, County picnics, employee appreciation lunches, and other events or locations deemed
necessary. This contract does not provide exclusivity for these services.
Detailed Scope of Work
The County is seeking the services of recognized local, regional, or national commercial food
providers/chains to develop, manage and operate food and snack services located in the main
government complex. It is the intent of the County for the successful proposer to provide a full-service
food and snack service during normal business hours (7 a.m. to 5 p.m.). Successful proposers will
offer high-quality, freshly prepared food and beverage choices at competitive and reasonable prices.
Food choices should include, but not limited to; American style (Burgers, Sandwiches, Fries, Pizza,
etc.), Mexican, Home Cooking, BBQ, Cuban, Pastries, and/or healthy options such as a variety of
salads and snacks. Beverage options should include, but not limited to; coffee, bottled water, iced and
hot tea, sodas and/or sports/energy drinks. At least 10% of the food selections should be organic
and/or locally produced to the extent possible. Additionally proposers are expected to work with the
County to offer food options that complement the County's Wellness Program and are encouraged to
offer a diverse selection of both breakfast and lunch type food items in order to maximize the
customer utilization of the concession. The successful proposer will be able to "contract out" special
events as necessary with advanced approval from Facilities Management's Director or his designee.
The existing food concession space consists of a free-standing building of approximately 770 square
feet, which includes large built in refrigerator, sink, and electrical outlets (attachment provided). All
other equipment necessary to provide service is required to be supplied by vendor. Current vendor
prepares all food offsite. Water and electric service cost will be the responsibility of the County as
there are not separate meters for the building. The location of the food concession space is subject to
relocation if deemed necessary by the County but will conform to the same general specifications.
Successful proposers shall provide all capital improvements and any and all equipment necessary for
day to day operation of the concession. All improvements must be approved in advance and in writing
by the Director of Facilities Management or his designee.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one
year renewal options. Prices shall remain firm for the initial term of this contract.
The County's intent is to negotiate an agreement with the number one ranked firm.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
5
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only. The
County reserves the right to adjust this timetable as required during the course of the RFP process.
Event
Date
Issue Solicitation Notice
4/21/17
Last Date for Receipt of Written Questions
5/3/17, 1:00 PM,
Naples Local Time
Pre -proposal meeting
5/2/17, 4:00 PM,
Naples Local Time
and Locations
Addendum Issued Resulting from Written Questions or Pre-
5/4/17
Proposal Conference
Solicitation Deadline Date and Time
5/10/17, 1:00 PM,
Naples Local Time
Anticipated Evaluation of Submittals
5/12/17 — 5/26/17
Anticipated Completion of Contract Negotiations
6/2/17
Anticipated Board of County Commissioner's Contract
7/11/17
Approval Date
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non-responsive.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Vendor to include all listed items may result in the rejection of its proposal.
1. Tab I, Similar Experience (10 points)
Proposers shall provide, in detail, their credentials in providing food and beverage concession
services and any information which documents successful and reliable experience in past
performance, especially those performances related to the requirements of this Request for
Proposal. Include a description of the proposer's business history and number of years in
operation. Related experience shall be restricted to those assignments undertaken within the last
(5) years that are similar in scope.
2. Tab II, Management and Operation Plan (20 points)
The operation of the Concession Operations Area (COA) by the Concessionaire will be done in a
manner consistent with the highest standards achievable. The County will allow Concessionaire
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RFP—Food & Beverage Concession for Collier County_12092016
6
and their employees the ability to operate within the premises in a safe and orderly manner. In
addition, the concessionaire is expected to start operations at least thirty -minutes prior to
scheduled starting time.
The Concession operation tasks may include but are not limited to:
• Sale of retail food, beverages and merchandise as identified by the County's contract
manager.
• Ensure that the foods, beverages offered are fresh; and that retail merchandise is relevant and
up-to-date.
• Cash management and deposit of funds.
• Credit/debit card processing capabilities.
• Maintenance of safe and clean areas for the production of foods and beverages to be sold to
retail customers, and housekeeping of areas surrounding the sales operation.
• Maintenance of current required licenses and permits, including but not limited to Business
Tax Receipt, Mobile Food Dispensing Vehicle (MFDV) license, and/or Catering License.
The Concessionaire shall employ people to work at this facility who are neat, clean, well groomed
and courteous to the guests being served, and County employees. Subject to the American with
Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of
performing their employment duties and the County may require the Concessionaire 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. All
Concessionaire employees shall wear shirts and shorts or pants with the Concessionaire's logo or
other identifying marking (such as identification badge).
If the County has reasonable evidence to believe that any employee of the Concessionaire is
incompetent, disorderly or otherwise has performed his/her duties in an objectionable manner, the
County will provide the Concessionaire with a written report and expect the Concessionaire to fully
investigate the allegation(s) and take the appropriate action.
In the event of a safety or security accident or incident to employees, visitors, and/or property the
Concessionaire must communicate to Facilities Management immediately followed by a written
incident report (forms will be provided to the awarded Concessionaire.)
3. Tab III, Food Service Concept (10 points)
Food service concept, including a list of proposed menu items indicating portion size and price for
each item. Collier County's Wellness Program is a central station for County employees to find all
wellness related information.
Collier County Government's Wellness program fosters a worksite culture that supports
employees and their spouse's desire to make healthy lifestyle choices that encourages personal
and professional productivity to enhance their physical and mental well-being.
The County's Wellness program will offer food recommendations with the goal of promoting and
increasing the prevalence of healthy food and beverages choices. The Wellness program will also
market the concessions healthier meal options in their monthly newsletters.
Food products/options offered should be guided by the following healthier guidelines for at least
25-50% of their menu options with price of those healthy options relatively lower than less healthy
options, when possible:
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
• All products purchased contain Og of trans fats.
• All individual items have <_ 480mg sodium per serving, unless otherwise indicated.
• No purchase of food products prepared by deep frying.
• Whole grain options offered on menu
• Beverages: At least 50% of the beverage options must be made up of one or more of the
following:
• Water, including carbonated
• Plain (no added flavor or sugar) non-fat or 1 % low fat dairy milk
• Plant -derived milk (e.g. soy, rice, almond) with 130 or less calories per 8 oz serving
• Low -calorie beverages that do not exceed 40 calories per 8 oz serving
• Non -sweetened tea or coffee
• Entree Salads made with lean meats and low fat cheeses
• Vegetarian options such as turkey burger, bean burgers, or hummus and vegetable wraps
• No alcohol related products and/or advertisement.
4. Tab IV, Capital Investment Commitment (10 points)
Design of Facility: Provide a narrative description of proposed concept including overall design
concept for the space including the proposed design for the inside and outside of the building
and a description of capital improvements to the site.
Proposers shall indicate the earliest dates that the proposer can reasonably expect to; (1)
begin construction; (2) complete construction; and (3) open the concession.
Under the agreement, the Concessionaire will be permitted to make capital improvements to
the facility with the written approval of the Director of Facilities Management. All capital
improvements will become the property of Collier County at the end of the terms of the
agreement.
5. Tab V, Transition Plan for Existing Staff (20 points)
Proposer shall provide a plan for participation to existing staff into proposed operations.
6. Tab VI Revenue Plan (20 points)
The successful Concessionaire will provide food service, beverage, and miscellaneous sales
operations for a monthly commission returned to the County.
The Concessionaire will be required to submit written monthly reports specific to COA facility
by the fifteenth (15'h) day of the following month that contain the following information:
• Certified Monthly Sales Report: A summary report which identifies the total:
o Monthly gross sales by category (i.e. food, beverage, ice cream/frozen,
merchandise, etc.);
o Tax dollars for the gross sales;
o Copy of State Sales and Use Tax Report for the same accounting period;
o Sales dollars less tax,
o Credit card number of transactions and dollar amount;
o Cash number of transactions and dollar amount; and,
o A written certification statement which contains a statement similar to the following:
"To the best of my knowledge, The Certified Monthly Sales Report, and any
additional reports attached hereto, are accurate and reflect the sales and
commission owed to the County."
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
o A Report showing daily attendance figures and weather conditions
o Proposed percentage of revenue to the County
7. Tab VII Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in the RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations.
8. Tab VIII Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Attachment 10: i.e. signed addenda, licenses or certifications, promotional materials,
etc.
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
9
Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Procurement Services Division Online
Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only
official answer or position of the County will be the one stated on the Collier County Procurement
Services Division Online Bidding System website. For general questions, please call the
referenced Procurement Strategist noted on the cover page.
2. Pre -Proposal Conference
The purpose of the pre -proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre -
proposal conference for this solicitation. If this pre -proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the
Procurement Services Division.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be uploaded on the County's on line bidding system (www.colliergov.net/bid)
before 1:00 PM, Naples local time, on or before May 12, 2017.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
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8. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager or designee shall appoint a selection committee to review all
proposals submitted.
2. The Request for Proposal is issued.
3. Subsequent to the closing date for the proposals, the Procurement professional will
conduct a preliminary review of the proposals received and review each proposal to
determine if it's responsive to the requirements of the published RFP.
4. Selection committee meetings will be open to the public and the Procurement professional
will publicly post notice of such meeting(s) in the lobby of the Procurement Services
Division Building, County calendar and on the County's Procurement Services Internet site.
Public meeting dates and times should be posted with at least three (3) days in advance
on the County's website calendar.
5. Selection committee members will independently review and score each proposal based
on the evaluation criteria stated in the request for proposal using the Individual Selection
Committee Score and Rank Form. Committee members will individually prepare
comments for discussion at the next meeting. The Individual Selection Committee Score
and Rank Form is merely a tool to assist the selection committee member in their review of
the proposals. Although it is a tool, the signed form will become part of the final
procurement record.
6. At the scheduled selection meeting, the members will present their independent
conclusions and comments based on their reading and interpretation of the materials
presented to each other, and they may ask questions of one another
7. The Selection Committee reserves the right to hold oral presentations and establish a rank
order for presentations. In any of the selection committee meeting deliberations, by
consensus, members may request to invite firms in to clarify their proposals, ask for
additional information, present materials, interview, and ask questions, etc. The members
may consider any and all information obtained through this method in formulating their
individual ranking and subsequent selection committee overall ranking and final ranking.
8. Once the individual ranking has been completed, the Procurement professional will direct
selection committee members to read their individual ranking publically. The Procurement
professional will record individual rankings on the Final Ranking Sheet which will
mathematically compile into an overall selection committee rank of proposers. Once final
rank is completed by the Committee, the public will be permitted to provide comments
(limited to three (3) minutes).
9. After final consensus of the ranking, staff will subsequently enter into negotiations.
Recommendation of contract award is dependent upon the successful and full execution of
a mutually agreed contract, pending the final approval by the Board of County
Commissioners.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a
proposal by the County or a submission of a proposal to the County offers no rights upon the
Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee
issuance of any other governmental approvals. Proposals which include provisions requiring the
granting of zoning variances shall not be considered.
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9. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
10. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab I, Similar Experience 10
Tab II, Management and Operation Plan 20
Tab III, Food Service Concept 10
Tab IV, Capital Investment Commitment 10
Tab V, Transition Plan for Existing Staff 20
Tab VI, Revenue Plan 20
Local Vendor Preference 10
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
11. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re -solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of the
second ranked firm or to re -advertise using the same or revised documentation, at its sole
discretion.
12. Reserved Rights
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier
County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or
decrease quantities to meet the additional or reduced requirements of Collier County. Collier
County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award
to one or more vendors; to award all or part of a solicitation; and to award by individual line items
when it is deemed to be in the best interest of the County. Collier County reserves its right to reject
any sole response.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes the
entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and/or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is
deemed to be on notice that the COUNTY objects
to any additional or different terms and conditions
contained in any acknowledgment, invoice or other
communication from VENDOR, notwithstanding
the COUNTY'S acceptance or payment for any
delivery of goods and/or services, or any similar
act by VENDOR.
Inspection
All goods and/or services delivered hereunder shall
be received subject to the COUNTY'S inspection
and approval and payment therefore shall not
constitute acceptance. All payments are subject to
adjustment for shortage or rejection. All defective
or nonconforming goods will be returned pursuant
to VENDOR'S instruction at VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire
remainder of the Purchase Order if goods and/or
services provided early in the term of the Purchase
Order are non -conforming or otherwise rejected by
the COUNTY.
Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt
of the goods by the COUNTY nonetheless
remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order,
no invoices shall be issued nor payments
made prior to delivery. Unless freight and
other charges are itemized, any discount will
be taken on the full amount of invoice.
c) All shipments of goods scheduled on the same
day via the same route must be consolidated.
Each shipping container must be consecutively
numbered and marked to show this Purchase
Order number. The container and Purchase
Order numbers must be indicated on bill of
lading. Packing slips must show Purchase
Order number and must be included on each
package of less than container load (LCL)
shipments and/or with each car load of
equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order and
the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts of
prompt payment will be computed from the
date of receipt of goods or from date of receipt
of invoices, whichever is later. Payment will be
made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government
Prompt Payment Act," and, pursuant to the
Board of County Commissioners Purchasing
Policy.
Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR agrees
to reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR further
agrees that undiscovered delivery of
nonconforming goods and/or services is not a
waiver of the COUNTY'S right to insist upon further
compliance with all specifications.
Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities and
delivery schedules within the general scope of this
Purchase Order. Should any such change
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increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or delivery
schedule will be negotiated by the COUNTY and
VENDOR. Notwithstanding the foregoing,
VENDOR has an affirmative obligation to give
notice if the changes will decrease costs. Any
claims for adjustment by VENDOR must be made
within thirty (30) days from the date the change is
ordered or within such additional period of time as
may be agreed upon by the parties.
Warranties
VENDOR expressly warrants that the goods and/or
services covered by this Purchase Order will
conform to the specifications, drawings, samples or
other descriptions furnished or specified by the
COUNTY, and will be of satisfactory material and
quality production, free from defects and sufficient
for the purpose intended. Goods shall be delivered
free from any security interest or other lien,
encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance,
passage of title and payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws,
including but not limited to the Occupational Health
and Safety Act, the Federal Transportation Act and
the Fair Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but
not limited to attorneys' fees, arising from, caused
by or related to the injury or death of any person
(including but not limited to employees and agents
of VENDOR in the performance of their duties or
otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and/or
services to be provided hereunder.
11. Warranty of Non -Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws; b)
do not infringe any patent, trademark, copyright or
trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and expense,
including but not limited to attorneys' fees, which
arise from any claim, suit or proceeding alleging
that the COUNTY'S use of the goods and/or
services provided under this Purchase Order are
inconsistent with VENDOR'S representations and
warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY'S option, procure
for the COUNTY the right to continue using the
goods or services, or replace or modify the goods
or services so that they become non -infringing,
(without any material degradation in performance,
quality, functionality or additional cost to the
COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. Providing and
maintaining adequate insurance coverage is a
material obligation of the VENDOR. All insurance
policies shall be executed through insurers
authorized or eligible to write policies in the State
of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances
that are applicable to the conduct of its business.
By way of non -exhaustive example, this shall
include the American with Disabilities Act and all
prohibitions against discrimination on the basis of
race, religion, sex creed, national origin, handicap,
marital status, or veterans' status. Further,
VENDOR acknowledges and without exception or
stipulation shall be fully responsible for complying
with the provisions of the Immigration Reform and
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Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may
be amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to unilaterally
terminate said agreement immediately. Any
breach of this provision may be regarded by the
COUNTY as a material and substantial breach of
the contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information
with respects to what steps VENDOR is taking to
complete delivery of the goods and/or services to
the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order, nor
any money due or to become due without the prior
written consent of the COUNTY. Any assignment
made without such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales and
use tax on real property, transient rental property
rented, tangible personal purchased or rented, or
services purchased (Florida Statutes, Chapter
212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to pay
under this Purchase Order shall be contingent
upon an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of the
terms and conditions of this Purchase Order
shall be the Twentieth Judicial Circuit in and for
Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any default
by VENDOR hereunder shall not be deemed a
waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt requested,
by overnight courier service, or by personal
delivery and will be deemed effective upon
receipt. Postage, delivery and other charges
shall be paid by the sender. A party may
change its address for notice by written notice
complying with the requirements of this
section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with Florida
Statute Chapter 112.061, Per Diem and Travel
Expenses for Public Officers, employees and
authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related
to this Purchase Order, the terms of the
Contract Documents shall take precedence
over the terms of the Purchase Order. To the
extent any terms and /or conditions of this
Purchase Order duplicate or overlap the Terms
and Conditions of the Contract Documents, the
provisions of the Terms and/or Conditions that
are most favorable to the County and/or
provide the greatest protection to the County
shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests' provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The
"Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the 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 Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
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hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Procurement Ordinance.
4. County's Rightto Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site
during and after each work assignment the Vendor is performing.
5. Vendor Performance Evaluation
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completionftermination of this Agreement.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The resultant contract(s) may include purchase or work orders issued under
one, or any combination of price methodologies by the County's project manager.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and/or service agreements or other documents provided by the Vendor.
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The County's project manager, shall coordinate with the Vendor / Contractor the return of any surplus
assets, including materials, supplies, and equipment associated with the scope or work.
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(a collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services
as part of this agreement.
Payment methods include:
• Traditional— payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price
for traditional payments may be provided at the initial bid submittal if it is clearly marked as an
"Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.)
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this agreement.
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In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off -set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This
provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
9. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain "active" in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing at (239) 252-
2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the
Tax Collector's Office at (239) 252-2477.
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10. Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
12. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the
County, the County may terminate this Agreement immediately 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 award of this solicitation is made by the
Procurement Services Director, the award and any resultant purchase orders may be terminated at
any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the
Board's Procurement Ordinance.
13. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure
to abide by this provision may serve as grounds for disqualification for award of this contract to the
firm.
14. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(x) -(b) 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:
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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 bylaw.
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.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www. sun biz. ong/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response shall
be required to provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the right to award
to another firm.
16. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership orjoint venture as a primary, that legal entity may act as a sub -
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
17. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration
date of Solicitation 17-7108 resultant of this solicitation will survive and remain subject to the terms
and conditions of that Agreement until the completion or termination of any Purchase Order.
18. Protest Procedures
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County's
then current Procurement Ordinance and policies.
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The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Procurement Services Division on
Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest
the recommended contract award must file a notice of intent to protest with the Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
20. Security and Background Checks
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.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMOPS(a)-colliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
vendor is responsible for all costs.
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
22
21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
22. 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, the current Collier County Ethics Ordinance 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, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
23. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of
the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents.
If the Bidder/Vendor does not comply with providing both the acceptable E -Verify evidence
and the executed affidavit the bidder's / vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E -Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E -Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
23
as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and
with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the
laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
24. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the vendor's staff operates and performs business in an area
zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non -permanent structure
shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a
vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the
County's tax base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or
proposal to be eligible for consideration as a "local business" under this section. A vendor who
misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will
lose the privilege to claim Local Preference status for a period of up to one year.
Under this solicitation proposers desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any proposer who fails to submit sufficient documentation with their
proposal offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
For all purchases of commodities and services procured through a competitive proposal process
and not otherwise exempt from this local preference section, the solicitation shall include a
weighted criterion for local preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of professional services as defined and identified
under subsection 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11 B.3 (which
are subject to Section 11.45, F.S.) shall not be subject to this local preference section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
24
c"Mer county
Administrative Services Department
Procurement Servs css Oiriskn
Attachment 1: Vendor's Non -Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Procurement Services Division, 3295
Tamiami Trail E, Naples, FL 34112.
We are not responding to Solicitation 17-7108 "Food & Beverage Concession for Collier County"
for the following reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
0FT iT_•Saon Iiii11
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Date
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
25
Cofer County
Administrative Servioes Department
i-rocu'finent Serasce> Di•tic�n
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
❑ Any addenda have been signed and included.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Cate
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
26
00Aer Caunty
Administrative Services Department
proo.+rement Services Div?s on
Attachment 3: Conflict of Interest Affidavit
The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any
Collier County project affiliated with: 17-7108 Food & Beverage Concession does not pose an
organizational conflict as described by one of the three categories below:
Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier
County project identified above (e.g., writing a procurement's statement of work, specifications, or
performing systems engineering and technical direction for the procurement) which appears to skew
the competition in favor of my firm.
Impaired objectivity — The firm has not performed work on an affiliated past or current Collier
County project identified above to evaluate proposals / past performance of itself or a competitor,
which calls into question the contractor's ability to render impartial advice to the government.
Unequal access to information — The firm has not had access to nonpublic information as part of
its performance of a Collier County project identified above which may have provided the contractor
(or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / consultant must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked
on for the above mentioned project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine")
or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or
other means.
3. Failure to disclose all material or having an organizational conflict in one or more of the three
categories above be identified, may result in the disqualification for future solicitations affiliated
with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the project
identified above has been fully disclosed and does not pose an organizational conflict.
Firm:
Signature and Date:
Print Name:
Title of Signatory: _
State of County of
SUBSCRIBED AND SWORN to before me this _ day of 20
by , who is personally known to me to be the
for the Firm, OR who produced the following identification
—Notary Public Commission Expiration
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
27
Cn7er CouHty
Administrative Services Department
ProcuiFment Services Division,
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 17-7108 "Food & Beverage Concession for Collier County"
Dear Commissioners:
The undersigned, as Contractor declares that this proposal is made without connection or arrangement
with any other person and this proposal is in every respect fair and made in good faith, without collusion
or fraud.
The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose
of establishing a formal contractual relationship between the firm and Collier County, for the performance
of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon
the proposal documents listed by the above referenced Solicitation 17-7108 "Food & Beverage
Concession for Collier County."
(Proposal Continued on Next Page)
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
28
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
29
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE
have hereunto subscribed our names on this day of 120
in the County of
in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above)
Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
29
Clryer County
Administrafive Services Department
procurement Seiv;rxs Div*:on
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 17-7108 "Food & Beverage Concession for Collier County" (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurement
Ordinance:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector
for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the
business with a permanent physical business address located within the limits of Collier County from which the
vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office
Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or
other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition
to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic
development and well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base,
and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as
a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a
proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to
one year.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Collier or Lee County Address:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
30
Cour Co1.nty
Administrative Services Department
Procurement Se vice> Divisian
Attachment 6: Immigration Affidavit Certification
Solicitation: 17-7108 "Food & Beverage Concession for Collier County"
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the
properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E -Verify program may deem the Vendor/ Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's / Bidder's proposal.
Company Name
Print Name
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this
20_, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
(Type of Identification and Number)
day of
as identification.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
31
Cofer cot4 ty
Adminstrative Sertices Departnent
Frcxurerrxrt �er:i�s Divisen
Attachment 7: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
Corporation
(as shown on income tax return)
Business Name
_Tax Exempt (Federal income tax-exempt entity
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
under Internal Revenue Service guidelines IRC
Order Information
Address
Remit/ Payment Information
Address
City State Zip
FAX
City State Zip
FAX
Email
Email
2. Company Status (check only one)
Individual / Sole Proprietor
Corporation
_Partnership
_Tax Exempt (Federal income tax-exempt entity
_Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
32
cover cloUn ry
4. ® Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
Administrative Services Department
Proca'ement sej v'Ces n
Attachment 8: Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ❑Worker's Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ®Employer's Liability
$500,000 single limit per occurrence
3. ®Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. ❑Indemnification
To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant 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, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or 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.
4. ® Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance $ Per Occurrence
❑ Employee Dishonesty / Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
❑ Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
11. ❑ Thirty (30) Days Cancellation Notice required.
RLC 4/20/2017
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
17-7108
RFP—Food & Beverage Concession for Collier County_12092016
34
oltr County
Administrative Services Division
P-urchasing
Memorandum
Date: May 1, 2017
Email: VivianaGiarimoustas@colliergov.net
Telephone: (239) 252-8375
ADDENDUM #1
From: Viviana Giarimoustas, Procurement Strategist
To: Interested Parties
Subject: RFP 17-7108 Food and Beverage Concession for Collier County
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
• Scope of Work on page 4 states:
(60) months. AdditiGRally, by mutual agFeeMeRt and fURding availability, the GeRtraGt may be
GGRtra Gt eXGee l ton years
• Detailed scope of work on page 5 states: The existing food concession space consists of a
free-standing building of approximately 770 square feet, which includes, la,�'lrt
refri er, sink, and electrical outlets.
Note: Language deleted has been stFUGk thmug#.
If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239-
252-8375 or by e-mail at VivianaGiarimoustas(cDcolliergov.net . Thank you.
C: Dennis Linguidi, Facilities Division Director
Coyer county
Admini are Services Division
Purchasing
Memorandum
Email: VivianaGiarimoustas@colliergov.net
Telephone: (239) 252-8375
ADDENDUM # 2
Date: May 8, 2017
From: Viviana Giarimoustas, Procurement Strategist
To: Interested Parties
Subject: RFP 17-7108 Food and Beverage Concession for Collier County
The terms for this solicitation have been updated. The county will be seeking a five (5) year initial term
with 2 one (1) year renewal options.
If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239-
252-8375 or by e-mail at VivianaGiarimoustas(a),colliergov.net . Thank you.
C: Dennis Linguidi, Facilities Division Director
4C67er County
Adrrinistrawe Services Division
Pu,rcha :ing
Memorandum
Date: May 9, 2017
Email: VivianaGiarimoustas@colliergov.net
Telephone: (239) 252-8375
ADDENDUM # 3
From: Viviana Giarimoustas, Procurement Strategist
To: Interested Parties
Subject: RFP 17-7108 Food and Beverage Concession for Collier County
The following attachment is a copy of the previous contract.
If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239-
252-8375 or by e-mail at VivianaGiarimoustas(aDcolliergov.net . Thank you.
C: Dennis Linguidi, Facilities Division Director
le—
Cry Z unto
Adrr nistrative Services Uivision
Purchasing
Memorandum
Date: May 9, 2017
Email: VivianaGiarimoustas@colliergov.net
Telephone: (239) 252-8375
ADDENDUM # 4
From: Viviana Giarimoustas, Procurement Strategist
To: Interested Parties
Subject: RFP 17-7108 Food and Beverage Concession for Collier County
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
Detailed Scope of Work on page 5 states: The existing food concession space consists of a free-standing
building of approximately 770 square feet, which includes large built OR rofrigeFatGr, sink, and electrical outlets
(attachment provided). All other equipment necessary to provide service is required to be supplied by vendor.
Current vendor prepares all food offsite. Water and electric service cost will be the responsibility of the
County as there are not separate meters for the building. The location of the food concession space is
subject to relocation if deemed necessary by the County but will conform to the same general specifications.
Successful proposers shall provide all initial capital improvements and any and all equipment necessary for
day to day operation of the concession. All improvements must be approved in advance and in writing by the
Director of Facilities Management or his designee. If future expansion and renovation of the concession
space is deemed appropriate by the County, capital investment in these facilities/equipment will be
negotiated with the awarded vendor.
Note: Language underlined has been added.
If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239-
252-8375 or by e-mail at VivianaGiarimoustas(c�colliergov.net . Thank you.
C: Dennis Linguidi, Facilities Division Director
Exhibit B - Concessionaire's Proposal
(following this page)
Page 117
Agreement # 17-7108
Food & Beverage Concession for Collier County