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Agenda 03/10/2015 Item #16D 9 3/10/2015 16.D.9. EXECUTIVE SUMMARY Recommendation to award ITB No. 15-6401, North Collier Regional Park Concessionaire Services, to Zacks Food Cart Ministry Catering Inc. and to authorize the Chairman to execute the attached Agreement. OBJECTIVE: To provide a food service concession at the North Collier Regional Park. CONSIDERATIONS: On the January 14, 2014, the Board approved a contract with NASA Holdings of Miami, Inc., d/b/a Concession Services Systems to outsource the concessions at North Collier Regional Park (Agenda Item 11D). On January 13, 2015, the Board concurred with staff's recommendation that it was not in the best interest of the County to continue the relationship with the vendor and approved the termination of contract No. 13-6173 effective March 31, 2015 (Agenda item 16D6 moved to 11F). To achieve a smooth transition in providing concessionary services during the spring break period procurement staff issued ITB 15-6401 on January 13, 2015. Email notices were sent to two hundred twenty one (221) addresses; forty eight (48) solicitation packages were downloaded; and, five (5) firms submitted bids by the February 10, 2015 deadline. After preliminary review of the bids, County Procurement staff requested additional clarification information from all five (5) bidders. Following the receipt of those responses, one (1) bidder was deemed non-responsive. A bid tabulation sheet was posted on February 18, 2015; a subsequent revised bid tabulation was posted on February 19, 2015 when further information was obtained from the Florida Department of Business Professional Regulation regarding food service licenses and the Collier County Tax Collector. Staff is requesting that the Board waive the following minor irregularities in the bid submission process, and as indicated on the Revised Bid Tabulation: • Items#10 and#5 are redundant; • Clarification questions were asked of all bidders; most clarification responses were received in a timely manner with the exception of the NASA Holding of Miami who staff deemed non-responsive; • To not afford Zack's Food Cart Ministry Catering Inc., the County's local vendor preference status; and, • Accept the transcript evidence of ServSafe exam [certificate number 9954612, successful completion on 4/30/13] submitted to staff with Zack's Food Cart Ministry Catering's bid submittal (subsequent to the bid opening, the ServSafe Certification was presented on 3/2/2015). Procurement Services posted the intent to award to Zack's Food Cart Ministry Catering Inc. on Wednesday, February 18, 2015. Subsequent to that notice, Dinners by Design filed an intent to protest. The Purchasing Director delegated the review of the bid protest to the Procurement Manager. After reviewing the issues raised in the bid protest, the Procurement Manager denied Dinners by Design's protest and directed staff to move forward with the award of ITB No. 15-6401, North Collier Regional Park Concessionaire Services and award the ITB to Zack's Food Cart Ministry Catering Inc. Packet Page-1124- 3/10/2015 16.D.9. The Board's Purchasing Ordinance (Section 23, F and G) allows the protesting party to appeal the Purchasing Manager's decision. The protesting party, Dinners by Design, indicated that they did not intend to pursue any further action; therefore, staff recommends that the Board accept the Procurement Manager's decision and authorize the Chairman to execute the attached agreement with Zack's Food Cart Ministry Catering Inc. FISCAL IMPACT: Based on historical sales, the commission offered by the vendor; the annual concession fees under this contract are estimated to be $84,041. Certified statements of gross receipts as well as a copy of State Sales and Use Tax Report are required to document sales. Revenue will be budgeted in the North Collier Regional Water Park cost center (156314) within the General Fund (001). LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners waives the above-identified minor irregularities; awards ITB No. 15-6401, "North Collier Regional Concessionaire Services" to Zack's Food Cart Ministry Catering Inc.; and, authorizes the Chairman to execute the attached Agreement. Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Department Attachments: (1) ITB No. 15-6401 Solicitation (2)Revised Bid Tab (3) Protest Letter (4)Protest Response (5) Agreement Packet Page-1125- 3/10/2015 16.D.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.9. Item Summary: Recommendation to award ITB No. 15-6401, North Collier Regional Park Concessionaire Services,to Zacks Food Cart Ministry Catering Inc. and to authorize the Chairman to execute the attached Agreement. Meeting Date: 3/10/2015 Prepared By Name: BetancurNatali Title: Operations Analyst,Beach&Water 2/19/2015 1:14:32 PM Submitted by Title:Director-Parks&Recreation,Parks &Recreation Name: WilliamsBarry 2/19/2015 1:14:33 PM Approved By Name: WilliamsBarry Title: Director-Parks &Recreation, Parks &Recreation Date: 2/25/2015 4:42:02 PM Name: MarkiewiczJoanne Title:Division Director-Purchasing&Gen Svc,Purchasing&General Services Date: 3/3/2015 8:50:19 AM Name: HerreraSandra Title: Manager-Procurement,Purchasing&General Services Date: 3/3/2015 8:51:07 AM Name: JohnsonScott Title: Manager-Procurement, Purchasing&General Services Date: 3/3/2015 8:55:17 AM Packet Page-1126- 3/10/2015 16.D.9. Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 3/3/2015 9:06:13 AM Name: BetancurNatali Title: Operations Analyst,Beach&Water Date: 3/3/2015 9:12:21 AM Name: TownsendAmanda Title:Division Director-Operations Support,Public Services Department Date: 3/3/2015 9:39:30 AM Name: CarnellSteve Title:Department Head-Public Services,Public Services Department Date: 3/3/2015 9:48:54 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 3/3/2015 9:59:30 AM Name:Klatzkowieff Title: County Attorney, Date: 3/3/2015 10:11:06 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 3/3/2015 11:48:02 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/3/2015 4:00:10 PM Packet Page-1127- 3/10/2015 16.D.9. Corer County Administrative Services Division Procurement Services INVITATION TO BID Date: 1/13/2015 From: Ewelina M. Dendroulakis, J.D. (239) 252-8929 (Telephone) (239) 252-6446 (FAX) EwelinaDendroulakis @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 15-6401 North Collier Regional Park Concessionaire Services As requested by the Parks and Recreation Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Natali Betancur, Operations Analyst, Beach &Water Note: All ITB responses must be submitted electronically via the Collier County Online Bidding website. Proaremert Serum Depahnt•3327 Taman Trail East•Naples,Florida 34112-49G1•www.colliorgon.net'purchasing ITB#15-6401 North Collier Regional Park Concessionaire Ser ' 1 Packet Page -1128- 3/10/2015 16.D.9. Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 13 Exhibit III: Standard Purchase Order Terms and Conditions 19 Exhibit IV: Additional ITB Terms and Conditions 22 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 28 Attachment 2: Vendor's Check List 29 Attachment 3: Vendor Submittal - Bid Response Form 30 Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 33 Attachment 5: Vendor Submittal— Immigration Affidavit 34 Attachment 6: Vendor Substitute W—9 35 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 36 ITB#15-6401 North Collier Regional Park Concessi - 2 Packet Page-1129- 3/10/2015 16.D.9. Cofer County Administrative Services Division Procurement Services Public Notice Electronic bid responses for Solicitation # 15-6401 North Collier Regional Park Concessionaire Services, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 11:00 AM, Collier County local time on 2/10/2015. Solicitation responses received after the stated time and date will not be accepted. Solicitation # 15-6401 North Collier Regional Park Concessionaire Services A non-mandatory pre-bid conference will be held on 1/20/2015, commencing promptly at 9:30 AM and held at Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. 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/Joanne Markiewicz Director, Procurement Services Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the lobby of the Purchasing Building on 1/13/2015. ITB#15-6401 North Collier Regional Park Concessi 3 Packet Page-1130- 3/10/2015 16.D.9. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Parks and Recreation Department (hereinafter referred to as, the "Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The Department is seeking Concessionaire commission bids to outsource and manage all aspects of the County's Sun-N-Fun, Soccer and Softball field's concession operations. This includes, but may not be limited to managing all equipment, supplies, and labor to provide Concessionaire services to the public. The annual net commission [after expenses] is expected to be approximately one hundred thousand ($100,000) dollars annually. Background The County is interested in receiving commission bids for an agreement for the County owned North Collier Regional Park's (NCRP) Sun-N-Fun, Soccer and Softball field concessions. The Parks and Recreation Department is committed to providing quality services to the citizens of Collier County. The focus is to provide the public, both residents and visitors, with unique recreation experiences. The County's parks and recreation facilities contribute to the health of the community's residents enhance the integrity and quality of the natural environment and attract visitors to the community, thereby contributing to local tourism and economic development. The North Collier Regional Park is located adjacent to the Children's Museum at 15000 Livingston Road, Naples, FL 34119. The amenities include: • 8 tournament soccer fields • 5 tournament softball fields • Sun-N-Fun Lagoon Water Park • RecPlex Fitness Center • Calusa fossil dig play area for children • Interactive playground • Exhibit hall North Collier Regional Park is a prime location for adults and children to gather and enjoy beautiful Southwest Florida. The general park is open Monday through Sunday from 6AM— 10PM. Detailed Scope of Work The awarded Concessionaire will provide the following services for the locations: ITB#15-6401 North Collier Regional Park Concessionai - 4 Packet Page-1131- 3/10/2015 16.D.9. 1. General Concessions Operations Tasks: The operation of the Concession Operations Areas (COA) by the Concessionaire will be done in a manner consistent with the highest standards achievable. The successful Concessionaire will provide food service, beverage, and miscellaneous sales operations for a monthly commission returned to the County. The County will allow Concessionaire and their employees the ability to operate within the park in a safe and orderly manner. In addition, the concessionaire is expected to start operations at least thirty-minutes prior to scheduled starting time of any event/tournament. The recommended service time for the successful Concessionaire is an average of sixty (60) seconds per customer. 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 monies. • 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. 2. Number of Special Events beyond Day-to-Day Operations: The Concessionaire does not have exclusive rights to the North Collier Regional Park but will have the option within their proposal to provide concession services during special events (ie sports tournaments, festivals, charity walk and any non sporting county run events) identified by the contract manager and held at the COA throughout the year (historically there have been approximately thirty (30) events annually). If the Concessionaire cannot provide services during these events, the vendor is required to provide a response time within five (5) calendar days of being notified of the special events by the County. 3. Staffing: 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). The Concessionaire shall have an experienced manager overseeing the concession operations at all times when open for business. A concessions manager shall be onsite during the hours of operation. 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 Collier County Parks and Recreation. ITB#15-6401 North Collier Regional Park Concessionai 5 Packet Page-1132- 3/10/2015 16.D.9. Background checks and drug tests must be conducted on all employees prior to performing services at the concessions which is to be conducted by the County's Facilities Management staff at the expense of the Concessionaire. The Concessionaire must provide evidence of a company drug and alcohol policy consistent with County Policies. 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. 4. Facilities: The Concessionaire shall maintain sanitary, neat and safe facilities and orderly operations at all times to ensure a maximum value to guests. Under the agreement, the Concessionaire acknowledges it is assuming responsibility for managing the Concessions Operating Areas in its current"as is" condition. The County shall provide to the Concessionaire the use of the following facilities/space and equipment as a part of the agreement for a determined concession fee: • NCRP Softball Complex • NCRP Soccer Complex • NCRP Waterpark Concessions (Shack) 5. Supplies and Equipment Under the agreement, the Concessionaire shall maintain all existing furniture, equipment, fixtures within the COA in good working order. The Concessionaire will be responsible for repair, maintenance and replacement of existing furniture, equipment and fixtures. 6. Utilities Under the agreement, the Concessionaire will be responsible for 100% of the electricity charges associated with the Sun-N-Fun Waterpark concession location. A pro-rated monthly fee of$50 for use of electricity and water at each NCRP Sports Complex Concessions (Soccer and Softball) will also be assessed ($100/month). The $100 will be submitted with the monthly documents and payments and should be included and noted on a statement that shows monthly payment amount (monthly sales commission %) and the utility payment of$100 with the grand total that should match the check amount. There is currently a meter at the Sun-N-Fun Waterpark concession location for the concessions only (electric) that will need to be set-up for service in the awarded vendor's name. Any other utilities that are for the benefit of the Concessionaire shall be paid by the concessionaire (ie WiFi, Telephone, Facsimile, etc). 7. Fees and Charges Under the agreement, the Concessionaire shall provide the County's Contract manager with a copy of the customer prices for those services within the COA for review and approval by the Parks and Recreation Director or his designee. Customer fee schedule will include retail cost of merchandise including but not limited to food, beverages, sundries, clothing, and ice. ITB#15-6401 North Collier Regional Park Concessionai - ' 6 Packet Page-1133- 3/10/2015 16.D.9. The County shall receive a firm fixed monthly concession commission (of no less than twelve percent (12%) of gross monthly revenue less sales tax generated by the Sun-N-Fun, Soccer and Softball field concessions, or not less than one thousand dollars ($1,000) per month, whichever is higher. Utilities are not included in these fees and will be assessed individually. These monthly concession fees and utility charges are due on the 15th of each month. If not paid timely a late charge of ten percent (10%) per day will be added to fees due. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. 8. Reporting Requirements: The Concessionaire will be required to submit written monthly reports specific to COA facility by the fifteenth (15th) day of the following month that contain the following information: • Certified Monthly Location Total Sales Report: By location, 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 clearly identified sales location and a written certification statement (for each location report) which contains a statement similar to 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." o A Report showing daily attendance figures and weather conditions • Daily Location Transaction Report: By location, an itemized transaction report which identifies: o 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. In the event of a safety or security accident or incident to employees, visitors, and/or property the Concessionaire must communicate to the Parks and Recreation contract manager immediately followed by a written incident report (forms will be provided to the awarded Concessionaire.) 9. Operations: The Concessionaire must use point-of-sale (POS) electronic cash machines or other electronic accounting control equipment for the proper control of all payments. Daily Register receipts must be maintained and made available upon demand during the term of the Agreement with Collier County. All electronic cash equipment and accounting procedures must be reviewed and approved by the Director of Collier County Parks and Recreation. Receipt/Revenue Records: Detail Item #365: This series consists of records documenting specific receipts/revenues collected by an agency through cash, checks, electronic fund transfers (EFT), credit and debit cards, or other methods. The series may include, but is not limited to, records such as cash collection records and reports, ITB#15-6401 North Collier Regional Park Concessionai - • 7 Packet Page -1134- 3/10/2015 16.D.9. 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. Retention is based on Section 95.11(2), Florida Statutes, Statute of Limitations on contracts, obligations, or liabilities. See also "RECEIPT/REVENUE RECORDS: SUMMARY." Retention: 5 fiscal years. All sales transaction must be accompanied by a receipt to the customer. 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 the Parks and Recreation Department or designee. Any and all alcoholic beverage sale and tobacco products are not permitted. Any equipment necessary for the sale of concessions, other than the existing equipment, must be furnished and maintained by the Concessionaire. During the term of this Agreement the concession operation shall, at a minimum, be open and properly staffed in accordance to Sun-N-Fun and tournament operating hours as defined by the County's contract manager. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. 10.Trash, Rubbish, and Garbage Removal, Including Recycling Under the agreement, the County shall be responsible for providing County approved trash and recycling receptacles. The County shall provide a dumpster and enclosure. The County shall be responsible for the removal of all trash from the dumpster. The County may assess a monthly fee for its services. The concessionaire shall be responsible for pickup and removal of all trash, rubbish and garbage including removal of trash from the concessionaire area to the dumpster. The concessionaire agrees to perform daily removal of litter in the immediate exterior area within 50 feet of the concession. 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. 11. Capital Improvements Under the agreement, the Concessionaire will be permitted to make capital improvements to any facility within the COA with the written approval of the Director of Collier County Parks and Recreation. All capital improvements will become the property of Collier County at the end of the terms of the agreement. 12. General Repairs and Maintenance Under the agreement, the Concessionaire shall keep the COA in good order. The County will make and/or manage repairs including, but not limited to: • Landscaping: mowing, herbicide and pesticide application • Painting • Roadways and sidewalks within the park • Exotic flora/faunal removal ITB#15-6401 North Collier Regional Park Concessionai - 8 Packet Page-1135- 3/10/2015 16.D.9. • County, State, and Federal signage within the Park The Concessionaire will make and/or manage repairs including but not limited to the equipment located at the COA's: • 32" Under counter freezer • 32" Under counter freezer • 60"Work top freezer • Electric fryer star 530TD 30LB • Electric griddle STAR-MAX 524TGD • Flash bake ovens (4) • Freestanding hot food server (5) • Freezer, reach-in (2) • FSPWI cheese server/microwave • Hot dog steamer/food warmer • Hot food display case (4) • Lincoln 1301 pizza oven /Concessions (4) • LPSS stainless steel country club gas grill (2) • Menu board aluminum, 3-color vinyl • Meridian reach-in refrigerator • Quiet cube ice maker/ice bin (3) • Rectangular shade system 15X30X11 • Refrigerated drawer base equipment (6) • Shellyglas hot food serving counter • S-SERIES ice maker • Stainless steel table 7'6"X34" (4) Any replacements of above equipment should be coordinated through Parks and Recreation Director or designee. The Concessionaire shall be responsible for the proper care and maintenance of the COA equipment listed above. Should the Concessionaire determine that the equipment is in non- working order, and its value is above one thousand dollars ($1,000); and the County's contract manager determines the equipment is non-functioning, the County's contract manager shall determine if the County will purchase a new (and similar piece of equipment) at the County's expense. Replacement equipment with a value less than one-thousand dollars ($1,000) shall be the responsibility of the Concessionaire. Should the County's contract manager determine that the cause of the damage was a direct result of the negligence by the Concessionaire; the County may invoice the Concessionaire for the replacement cost, or a portion of the replacement cost. To ensure the COA facilities are maintained in safe condition, all Concessionaire shall perform routine inspections as per a mutually agreed upon schedule (documented in an inspection log available for County inspection). ITB#15-6401 North Collier Regional Park Concessionai - ' 9 Packet Page 4136- 3/10/2015 16.D.9. 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. 13. Closure of Facilities-Loss of Equipment: If closure of the facilities or loss of equipment to some but not all of the facilities or equipment due to fire damage, flood, hurricane, civil disorder, strikes, act of Nature, etc., the County will 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. 14. Financial Review, Records and Audits: Under the agreement, the Concessionaire shall provide, at its expense, an annual independent review of the Concessionaire's financial records related to the contract. The purpose of this review is to substantiate that the County has been compensated in accordance with the 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 locations and 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 ten (10) business days after the County's notice to do so is received by Concessionaire, all at no cost to the County. 15. Licenses, Permits and Certifications: Concessionaire shall maintain current licenses, permits and/or certifications to conduct business throughout the contract. • Food Manager Certification • State of Florida Department of Business and Professional Regulation Food Service License (this license is per location and will need to have a transfer of"ownership") • State of Florida Department Division of Corporations Registration • Resale Certification • Safe Serve certified (certification form needs to be provided for all employees) • Collier County Health Permit • Florida State Food Service License (per business) 16. Marketing: The Concessionaire shall actively market the Concessions programs at the Sun-N- Fun concessions, Soccer and Softball fields. Proof of advertising such as written marketing programs and literature should be reviewed by the Contract Manager prior to distribution to the public and must be submitted two (2) weeks prior to the actual advertising date. 17. Safety and Security: The County will not assume any responsibility for COA security or alarms other than the security cameras at common areas and routine law enforcement patrols by Collier County Park Ranger patrols. 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 awarded Concessionaire. 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. 18.Additional Services: The Concessionaire may request in writing to sell additional products, or provide additional related services at any point during the contract. 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 sale will be subject to the same terms and conditions and commission structure as identified above. ITB#15-6401 North Collier Regional Park Concessionai 10 Packet Page -1137- 3/10/2015 16.D.9. 19. Containers. The sale of items in glass containers is not permitted. The use of straws and plastic bags is also prohibited. 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. 20.Vehicle in Park. 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 Parks and Recreation Director or his designee. 21. Inspection. The concession facilities and premises may be inspected at any time by an authorized representative of the Parks and Recreation Director or by any other agency having responsibility of inspection of such operations. Concessionaire shall undertake immediately the correction of any deficiency cited by such inspectors. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the bidder who is responsive and has the highest commission returned to the County on their gross sales (minus sales tax.) • The contract will be in the form of a Collier County standard contract. Term of Contract The contract term, if an award(s) is/are made is intended to be for an initial three (3) year period with two (2) additional three (3) year periods. The County reserves the right to negotiate in the best interest of the County the terms of the resultant contract. The County may, at its discretion and with the consent of the written safety and security plan, renew the Agreement under all of the terms and conditions contained in this Agreement. The County shall give the Concessionaire written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Projected Timetable Event Date Issue Solicitation Notice 1/13/2015 Last Date for Receipt of Written Questions 1/30/2015, 12:00 PM, Naples Local Time Non-mandatory pre-solicitation meeting 1/20/2015, 9:30 AM, ITB#15-6401 North Collier Regional Park Concessionai ' 11 Packet Page-1138- 3/10/2015 16.D.9. Naples Local Time Addendum Issued Resulting from Written Questions or Pre- 2/2/2015 Proposal Conference Solicitation Deadline Date and Time 2/10/15, 11:00AM, Naples Local Time Anticipated Evaluation of Bid Submittals Mid February 2015 Anticipated Completion of Contract Negotiations February—March 2015 Anticipated Board of County Commissioner's Contract March —April 2015 Approval Date Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement ITB#15-6401 North Collier Regional Park Concessionai - 12 Packet Page-1139- 3/10/2015 16.D.9. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed.Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. ITB#15-6401 North Collier Regional Park Concessionai - • 13 Packet Page-1140- 3/10/2015 16.D.9. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net/bid. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. ITB#15-6401 North Collier Regional Park Concessionai - 14 Packet Page-1141- 3/10/2015 16.D.9. 10. Protests 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 purchasing ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing 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. Under this solicitation, bidders 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 bidder who fails to submit sufficient documentation with their bid 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. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid ITB#15-6401 North Collier Regional Park Concessionai " 15 Packet Page-1142- 3/10/2015 16.D.9. offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. 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 Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. ITB#15-6401 North Collier Regional Park Concessionai - 16 Packet Page-1143- 3/10/2015 16.D.9. 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.00v/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 as located at 8 U.S.C. 1324, et seq. 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. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 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.sunbiz.orq/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. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. ITB#15-6401 North Collier Regional Park Concessionai 17 Packet Page-1144- 3/10/2015 16.D.9. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. 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. ITB#15-6401 North Collier Regional Park Concessionai - 18 Packet Page-1145- 3/10/2015 16.D.9. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and/or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stets., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. ITB#15-6401 North Collier Regional Park Concessionai - 19 Packet Page -1146- 3/10/2015 16.D.9. VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys' fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on ITB#15-6401 North Collier Regional Park Concessionaire- ' 20 Packet Page -1147- 3/10/2015 16.D.9. the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure without exception or stipulation shall be fully within 10 days of receipt of such notice. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in be regarded by the COUNTY as a material and response to a breach of this Purchase Order substantial breach of the contract arising from by VENDOR shall not constitute a waiver of this Purchase Order. breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 14. Force Majeure deemed a waiver of any subsequent default Neither the COUNTY nor VENDOR shall be by VENDOR. responsible for any delay or failure in c) All notices under this Purchase Order shall performance resulting from any cause beyond be sent to the respective addresses on the their control, including, but without limitation to face page by certified mail, return receipt war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by When VENDOR has knowledge of any actual or personal delivery and will be deemed potential force majeure or other conditions which effective upon receipt. Postage, delivery and will delay or threatens to delay timely other charges shall be paid by the sender. A performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the relevant information with respects to what steps requirements of this section. VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any goods and/or services to the COUNTY. travel expenses that may be associated with this Purchase Order in accordance with 15. Assignment Florida Statute Chapter 112.061, Per Diem VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, nor any money due or to become due without the employees and authorized persons. prior written consent of the COUNTY. Any e) In the event of any conflict between or assignment made without such consent shall be among the terms of any Contract Documents deemed void. related to this Purchase Order, the terms of the Contract Documents shall take 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and /or Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate and use tax on real property, transient rental or overlap the Terms and Conditions of the property rented, tangible personal purchased or Contract Documents, the provisions of the rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most Chapter 212), and from federal excise tax. favorable to the County and/or provide the greatest protection to the County shall 17. Annual Appropriations govern. 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 ITB#15-6401 North Collier Regional Park Concessionaire - ' 21 Packet Page-1148- 3/10/2015 16.D.9. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. 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. 3. Vendor Performance Evaluation Collier 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 completion/termination of agreement. • Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. • 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. • 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. ITB#15-6401 North Collier Regional Park Concessionai 22 Packet Page-1149- 3/10/2015 16.D.9. • Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 10. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 11. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 12. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is 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. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 13. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. 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. ITB#15-6401 North Collier Regional Park Concessionai 23 Packet Page-1150- 3/10/2015 16.D.9. • 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. • Invoice and Payments 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(acollierclerk.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 ITB#15-6401 North Collier Regional Park Concessionai - " 24 Packet Page -1151- 3/10/2015 16.D.9. 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. 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. • 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 Insurance and Bonding Requirements 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 "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 Requirements 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. ITB#15-6401 North Collier Regional Park Concessionai 25 Packet Page-1152- 3/10/2015 16.D.9. 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 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. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 16. Security and Background Checks If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing 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. ITB#15-6401 North Collier Regional Park Concessionai 26 Packet Page-1153- 3/10/2015 16.D.9. 17. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 18. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. ITB#15-6401 North Collier Regional Park Concessionai - 27 Packet Page-1154- 3/10/2015 16.D.9. Coe-r County Administrative Services Division Procurement Services Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 15-6401 North Collier Regional Park Concessionaire Services ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. I� Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: ITB#15-6401 North Collier Regional Park Concessionai - 28 Packet Page-1155- 3/10/2015 16.D.9. Cofer County Administrative Services Division Procurement Services Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The bid must be received electronically only no later than 02/10/2015 @ 11:00AM (Otherwise bid cannot be considered.) Company Name Signature &Title Date ITB#15-6401 North Collier Regional Park Concessionai 29 Packet Page-1156- 3/10/2015 16.D.9. Coder County Administrative Services Division Procurement Services Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 15-6401 North Collier Regional Park Concessionaire Services Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following commission and submittal requirements. It is the intent of Collier County to award to the bidder who is responsive and has the highest fixed commission returned to the County on their gross sales (minus sales tax). 1. Provide a firm fixed monthly concession commission (of no less than twelve percent (12%) of gross monthly revenue less sales tax generated by the Sun-N-Fun, Soccer and Softball field concessions, or not less than one thousand dollars ($1,000) per month, whichever is higher. Utilities are not included in these fees and will be assessed individually. Firm Fixed Monthly Concession Commission: (Expressed in terms of percent of sales: i.e. 19.5%, 17.5%,etc.) ITB#15-6401 North Collier Regional Park Concessionai - 30 Packet Page -1157- 3/10/2015 16.D.9. *** The following information MUST be submitted with your proposal *** In order for the concessionaire to be considered responsive, the County must receive the following documentation at the time of the solicitation closing: 2. Evidence of the bidder's current licenses, permits and certifications: • Food Manager Certification • State of Florida Department of Business and Professional Regulation Food Service License (this license is per location and will need to have a transfer of"ownership") • State of Florida Department Division of Corporations Registration • Resale Certification • Safe Serve certified (certification form needs to be provided for all employees) • Collier County Health Permit • Florida State Food Service License (per business) 3. Evidence of bidder's point of sale system or other electronic accounting control equipment for the proper control of all payments. 4. Evidence (Sample Reports) of a Certified Monthly Total Sales Report and Daily Location Transaction Report as submitted from the point of sale or other electronic accounting control equipment. 5. Evidence of the bidder's policies and procedures, including: a. Drug and Alcohol policy b. Employee handbook 6. Evidence of at least five (5) years of experience managing concession facilities similar to the County's scope of work. Provide the name of the park, location, name of contract contact, telephone number and email address. 7. Completed information per Attachment 2, 3, 4, 5, 6, 7 and a copy of the Concessionaire's Department of Homeland Security's E-Verify Profile Page or Memorandum of Understanding. By signature below, the bidder certifies that they comply with all current statutes and local ordinance relating to providing the concession sales and services identified in the solicitation requirements. Further, if awarded an agreement for this solicitation, the concessionaire agrees to maintain all licenses, certifications and registrations, and will continue to comply with State and local laws. Concessionaire Signature Date Concessionaire Printed Name Name of Firm ITB#15-6401 North Collier Regional Park Concessionai • 31 Packet Page-1158- 3/10/2015 16.D.9. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR# or CAGE Code Telephone Number FAX Number Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address ITB#15-6401 North Collier Regional Park Concessionai - 32 Packet Page-1159- 3/10/2015 16.D.9. Cooier County Administrative Services Division Procurement Services Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit Solicitation: 15-6401 North Collier Regional Park Concessionaire Services (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 Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: 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 section. 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: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY El LEE COUNTY 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) ITB#15-6401 North Collier Regional Park Concessionai • 33 Packet Page -1160- 3/10/2015 16.D.9. Colter County Administrative Services Division Procurement Services Attachment 5: Vendor Submittal—immigration Affidavit Solicitation: 15-6401 North Collier Regional Park Concessionaire Services 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-Verifv 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 Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of , 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration 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. ITB#15-6401 North Collier Regional Park Concessionaire Services 34 Packet Page-1161- 3/10/2015 16.D.9. Coder County Administrative Services Division Procurement Services Attachment 6: 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 (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX 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 ITB#15-6401 North Collier Regional Park Concessionaire Services 35 Packet Page-1162- 3/10/2015 16.D.9. Corer County Administrative Services Division Procurement Services Attachment 7: Vendor Submittal -Insurance and Bonding Requirements Insurance./Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $100,000 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 Contractor/Vendor/Consultant in the performance of this Agreement. 4. ®Automobile Liability $ 300.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included Note: If additional concessionaire food trucks or vehicles are used to service this agreement, the County reserves the right to increase limits. 5. ® 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. 6. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 7. ® 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. 8. ® Thirty (30) Days Cancellation Notice required. ITB#15-6401 North Collier Regional Park Concessionaire S 36 Packet Page-1163- 3/10/2015 16.D.9. 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. 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'Pz Y', 00 N � • �.§` ` ;yam l�0 , ;' �' §' 4 ec a ,D f . o0 X 4) 45 ;; k r 1 i za k.r�' y st .y, ._ A E a AY IR., {54. 5 . ry 'V, `" ,*4 - 000 �• } �ad # .-I O k i �r"iV t O \ i : b -1 N \n7f . a N ro d O rn N E = cc U a x a+,t - v v O fi o , u E co 0 c v -a (13 c Q J N c a) cu a) (o m 0 , ,z 1 N (moo ro to • ' CP(„- V E \ \ Z ;'r+.4 ▪P n s r 'aa U1 u r r c, c m v N ,' :: C N 00 N b Plk '€ T Q fo rt y 3 «.,�M-5 .�r 0 co r Y `C tC r t S Vv`7�`f .ti r,- a+ O) u O O of a d Packet Page-1168- 3/10/2015 16.D.9. Contract# 15-6401 North Collier Regional Park Concessionaire Services THIS AGREEMENT made effective this day of , 20 , 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 1031 21 Street SW, Naples, Florida 34117 (hereinafter called "Concessionaire"). 1. 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 North Collier Regional Park's (NCRP) Sun-N-Fun Lagoon, Soccer and Softball field concessions located at 15000 Livingston Rd, Naples, Florida, 34109 in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. A. TERM. This Agreement shall be for an initial period of three (3) years, commencing on April 1, 2015. 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 three (3) 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 or subsequent three (3) year term. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. In no event, including the renewal option, shall the contract exceed nine (9) years unless approved by the Board of County Commissioners. B. FACILITIES. The County shall provide to the Concessionaire the use of the following approved Concession Operations Areas ("COA") facilities at North Collier Regional Park ("NCRP"). • NCRP Softball Complex • NCRP Soccer Complex • NCRP Waterpark Concessions (Shack) C. 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 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 Page ll Packet Page -1169- 3/10/2015 16.D.9. park 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 of any event/tournament. The recommended service time for the successful Concessionaire is an average of sixty (60) seconds per customer. 2. Special Events. The Concessionaire does not have exclusive rights to the North Collier Regional Park but will have the option to provide concession services during special events (i.e., sports tournaments, festivals, charity walk, any non sporting county run events and third-party rental events) identified by the Parks and Recreation's Contract Manager ("Contract Manager") and held at the COA throughout the year. The Parks and Recreation will provide Concessionaire an event list which is subject to change as events get cancelled or additional events become available. The Parks & Recreation Department will make an effort to produce the most updated schedule whenever a change occurs. If the Concessionaire cannot provide services during these events, the Concessionaire is required to provide a response time within five (5) calendar days of being notified of the special events by the County. D. PRICES. The Concessionaire agrees that prices and fees charged for concession merchandise and services will be competitive within the local market. 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 Parks and Recreation or Designee. The Concessionaire shall sell only those items approved in writing by the County. E. 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 Contract Manager may authorize the Concessionaire to expand the services, provided such authorization is in writing. 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. 1031 21 Street SW Naples, Florida 34117 E-mail: zryoung9 @aol.com Attention: Zackory 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 Parks and Recreation Department 15000 Livingston Rd. Page 12 Packet Page -1170- 3/10/2015 16.D.9. Naples, Florida 34109 Phone: 239-280-8969 Fax: 239-252-2877 E-mail: StevenWeisbergCa7colliergov.net Attention: Steven Weisberg 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 herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the 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 Parks and Recreation 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; roadways and sidewalks within the park; exotic flora/faunal removal; and County, State, and Federal signage within the Park. 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 Director of Parks and Recreation 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 Pagel 3 Packet Page-1171- 3/10/2015 16.D.9. 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. The Concessionaire will be responsible for 100% of the electricity charges associated with the Sun-N-Fun Waterpark concession location. A pro-rated monthly fee of fifty dollars ($50.00) for use of electricity and water at each NCRP Sports Complex Concessions (Soccer and Softball) will also be assessed ($100/month). The one-hundred dollars ($100.00) will be submitted along with the monthly required documents and payments and should be included and noted on a statement that shows monthly payment amount (monthly sales commission 18.25%) and the utility payment of one-hundred dollars ($100.00) with the grand total that should match the check amount. The Concessionaire is responsible for making arrangements to set-up service in Concessionaire's name of the existing electric meter at the Sun-N-Fun Waterpark concession location for the concessions. 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 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 18.25% or not less than one thousand dollars ($1,000) per month. In addition, the Concessionaire shall pay one hundred ($100.00) per month for utility fee. 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. It is also understood that the applicable Florida States Sales Tax on payments to the County shall be added to the payment. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement, and that the monthly utility fee and the percentage of total gross revenues will be paid Page 14 Packet Page -1172- 3/10/2015 16.D.9. 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://d or.myflorida.com/dor/taxes/sales tax.htm l#tab 1. 12. DEFAULT IN PAYMENT. The monthly Statement of Gross Receipts, the payments computed on that amount, including the utility fee, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation 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 Parks and Recreation 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. 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 clearly identified sales location and a written certification statement (for each location report) 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 Location Transaction Report: By location, an itemized transaction report which identifies: (11) Page 15 Packet Page -1173- 3/10/2015 16.D.9. • A transaction reference number that includes the category (Le. 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 Parks and Recreation or Designee. All financial records are to be maintained during the entire term of this Agreement and for a period of five (5) years following the termination of this Agreement. The receipt/revenue records consist of records documenting specific receipts/revenues collected by an agency through cash, checks, electronic fund transfers (EFT), credit and debit cards, or other methods. This may include, but is not limited to, records such as cash collection records and reports, cash receipt books, cash register tapes, deposit/transfer slips, EFT notices, credit and debit card records, receipt ledgers, receipt journal transactions and vouchers, refund records, bad check records, and other accounts receivable and related documentation. The 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 the Parks and Recreation Department or Designee. Any and all alcoholic beverage sale and tobacco products are not permitted. Any equipment necessary for the sale of concessions, other than the existing equipment, must be furnished and maintained by the 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 locations and 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 Page 16 (I) Packet Page -1174- 3/10/2015 16.D.9. 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 NCRP 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 Parks and Recreation or Designee. Upon expiration of the term specified in Section 1-A, 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 North Collier Regional Park 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. SUPPLIES AND EQUIPMENT. The Concessionaire shall be responsible for the proper care and maintenance all existing furniture, equipment, fixtures within the COA, as documented in the County's inventory list. The Concessionaire will be responsible for repair, maintenance and replacement of existing furniture, equipment and fixtures. Should the Concessionaire determine that the equipment is in non-working order, and its value is above one thousand dollars ($1,000); and the Contract Manager determines the equipment is non-functioning, the Contract Manager shall determine if the County will purchase a new (and similar piece of equipment) at the County's expense. Any replacements of equipment should be coordinated through Director of Parks and Recreation or Designee. Replacement equipment with a value less than one-thousand dollars ($1,000) shall be the responsibility of the Concessionaire. Should the Contract Manager determine that the cause of the damage was a direct result of the negligence by the Concessionaire; the County may invoice the Concessionaire for the replacement cost, or a portion of the replacement cost. 19. MARKETING. The Concessionaire shall actively market the Concessions programs at the Sun-N-Fun concessions, Soccer and Softball fields. Proof of advertising such as written marketing programs and literature should be reviewed by the Contract Manager prior to distribution to the public and must be submitted two (2) weeks prior to the actual advertising date. 20. 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 Parks and Recreation or Designee. The County shall provide Concessionaire with advance notice of any special event and shall coordinate Pagel 7 Packet Page -1175- 3/10/2015 16.D.9. with the Concessionaire regarding same. County shall provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. 21. INSPECTION. The Concessionaire shall, to the satisfaction of the Director of Parks and Recreation 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 Parks and Recreation, 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 Page 18 Packet Page-1176- 3/10/2015 16.D.9. 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 Parks and Recreation, or Designee. Background checks and drug tests must be conducted on all employees prior to performing services at the concessions which is to be conducted by the County's Facilities Management staff at the expense of the Concessionaire. The Concessionaire must have a drug and alcohol policy consistent with County Policies (CMA 5312). 27. 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 Sun-N-Fun Lagoon and any scheduled NCRP sports tournaments, as defined by the Contract Manager. The Concessionaire may open additional days, subject to prior written approval of the Director of Parks and Recreation or Designee. All hours of operation shall be conspicuously posted and easily read by park visitors. The general park is open Monday through Sunday from 6AM — 10PM. 28. USE OF THE FACILITIES IS PRIMARY. NCRP is for the use of the public for recreational and other public purposes 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 Parks and Recreation or Designee. 29. 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. 30. 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. Pagel 9 Packet Page -1177- 3/10/2015 16.D.9. 31. 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. 32. 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 Contract Manager 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 Contract Manager. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the Director of Parks and Recreation or the Contract Manager. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the 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. 33. COUNTY CONTROL OF NORTH COLLIER REGIONAL PARK CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of NCRP 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 Parks and Recreation or Designee. 34. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. 35. VEHICLES IN PARK. 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 Parks and Recreation Director or Designee. Pagel 10 Packet Page -1178- 3/10/2015 16.D.9. 36. STORAGE. Concessionaire shah obtain approval for any storage of equipment in NCRP from the appropriate permitting agencies. No overnight storage of any kind shall take place on the premises unless approved in writing by the Director of Parks and Recreation or Designee, and is contingent upon approval of the appropriate permitting agency. 37. 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 Parks and Recreation or Designee for the formulation of plans for the removal of all perishable goods and to ensure the concession site has been properly secured for hurricane approach. 38. 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 areas and routine law enforcement patrols by Collier County Park Ranger patrols. 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 Contract Manager 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. 40. 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 the Parks and Recreation Department 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. 41. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Concessionaire 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 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. Page I 11 Packet Page -1179- 3/10/2015 16.D.9. 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. 42. 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, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $300,000 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: $100.000 single limit per occurrence Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the County at least ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. 43. CONTRACT ADMINISTRATION,. This Agreement shall be administered on behalf of the County by the Parks and Recreation Department. As used herein, the word "County" shall refer to the Director of Parks and Recreation or Designee, unless the context renders such construction illogical. 44. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: All Insurance Certificate(s); ITB No. 15-6401 and Concessionaire's proposal. CD Page 112 Packet Page-1180- 3/10/2015 16.D.9. In the event that any Terms and Conditions of the Request for Proposal are perceived or found to be in conflict with this Agreement, the Agreement shall take precedence. 45. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 46. 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)-(d) and (3))) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. 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. Page 113 Packet Page-1181- 3/10/2015 16.D.9. 47. 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. 48. 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. 49. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Concessionaire. (Signature page to follow) ‘ • Page 1 14 Packet Page-1182- 3/10/2015 16.D.9. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Tim Nance, Chairman Dated: (Seal) Zack's Food Cart Ministry Catering Inc. Concessionaire By: First Witness Signature Print Name and Title Print Name and Title Second Witness Print Name and Title Approved as to Form and Legality: Assistant County Attorney 0 Page 115 Packet Page -1183- 3/10/2015 16.D.9. Dinners By Design, Inc. 5750 Yahl Stree,Unit 101 Naples,Florida 34109 239-593-4909 mark@dinnersbydesign.com February 20,2015 Scott D. Johnson Procurement Manager- Acquisition 3327 Tamiami Trail East Naples,FL 34112 Tel: 239/252-8995 Fax: 239/252-6588 Re: Solicitation: 15-6401 North Collier Regional Park Concessionaire Services; Protest Dear Mr. Johnson: With respect to the captioned bid Solicitation: 15-6401 North Collier Regional Park Concessionaire Services, please note that we, Dinners By Design, Inc., the protesting party, located at 5750 Yahl Street, Naples, Florida, 34109, hereby dispute and protest the recommendation of the award to Zack's Food Cart Ministry ("Zack") for the following reasons: (1) Zacks does not meet the requirements of a Local Vendor, (2) Zack's licenses are limited to Hot Dog cart and clearly state not transferable (3) Zack's was not an "active" corporation under the Florida Department of Corporations on the date of submission and (4) Zack's did not present a valid Servesafe Food Manager Certification on the date of submission. I. Zacks Food Cart Ministry does not meet the requirements of a Local Vendor. The Affidavit signed by Zack Young as to the Local vendor status is invalid and based on misrepresentations. The issue is whether or not Zack's Food Cart Ministry,the vendor,meets the requirement of the Local Vendor status. The Affidavit (see Attachment A) states: "Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto.As defined in Section XI of the Collier County Purchasing Policy: 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 Packet Page -1184- 3/10/2015 16.D.9. 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 section. Zack's Food Cart clearly misrepresented that it"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". First, Zack;s Food Cart has only incorporated March 20, 2014. (See Attachment I-Articles of Incorporation for Zacks Food Cart Ministries filed March 20, 2014). Second,the Collier County Tax Collector has them opened on April 29, 2014 (see Attachment B). Thus,Zack's representation that it has had a current Business Tax Receipt issued by the Collier County Tax Collector at least one year prior to the bid or proposal submission to do business with Collier County is clearly incorrect and a misrepresentation--they were not even incorporated one year prior and after they incorporated in March didn't get a license under Collier County Tax Collector until April 29,2014. Thus,he clearly misstated that he had a Collier County Tax Receipt for at least one year prior to February 10, 2015 (date of bid submission date). Thus Zack's Food Cart does not fit within the definition of a Local business and is therefore a non-local business. Thus even if all of the other items in Zack's bid were responsive and showing he was qualified,the Local Vendor with the next highest bid within 10%was supposed to receive the opportunity to match the bid. Dinners by Design was the next highest Local Vendor bidder (and was deemed responsive (see attached bid chart)and Dinners By Design's 15.25%bid is within 10% of the bid of Zack's Food Cart of 18.25%. Therefore, Dinners by Design should have been given the chance to match the bid of Zack's Food Cart. Because Zack's Food Cart misrepresented and lied in his affidavit as to local status, Dinners by Design was deprived the opportunity to match the bid. In addition to the foregoing, the Affidavit itself does not seem to be properly notarized --(maybe it is not coming through on the copy but) you can't see the notary official seal or expiration or commission number so the Affidavit not only was based on misrepresentations but the notary official seal and commission number and expiration date are either not there or did't come through on the copy-thus the Affidavit is legally insufficient (refer to Attachment A -bottom where there is no legible notary official seal, number or commission expiration date). Finally, the date of the notary attested to the signature of Zack Young and the date of signature of Zack Young are on two different dates --The notary swore and attested to the signature January 28th 2015 but Zack Young `s signature was dated two days later-- January 30th 2015 (see Attachment A). Packet Page-1185- 3/10/2015 16.D.9. In conclusion, the evidence clearly supports that Zack's Food Cart does not meet the requirements of a"Local Vendor". Dinners By Design is the next highest bidder,was fully responsive and meets the requirements of a Local Vender. Thus,Dinners By Design should have been given the chance to match the bid. On[ ] Dinners by Design did state by email that it wanted to match the highest bid at 18.25%and that email was ignored by Joanne Markeiwicks. II. Zacks Food Cart Ministry was not a corporation in active status on the submission date. One of the requirements of the bid was that it be registered with the Florida Department of Corporations. Zack's certificate was dated the day after the submission date February 11, 2015. thus, on the submission date(February 101, 2015)he did not have active status. The fact that his company was inactive on the submission date technically makes him not responsive if the requirement is that the company be an active company with the Florida Department of Corporations. See Attachment II (his certificate dated 2-11-15 -one day after the submission date). III. Zacks Food Cart Ministry Licenses are not transferable and are for a Hot Dog Cart(see Attachment III). The issue is whether or not the licenses held by Zacks Food Cart Ministry meet the licensure requirements to run and operate three concession stands that sell more than just Hot Dogs. Sun fun and lagoon menu which contains prepared food other than hot dogs has to has to have a cooking license - a hot dog license is not sufficient. The license is limited to Hot Dogs (and cooked sausage) and the concession will not be limited to just hot dogs and sausages (and see also Attachment III-A - Division of Hotels and Restaurants rules on Hot Dog Stands and MFDVS): •-•Hot Dog.Cart(HTDG)•—Hot dog-carts are-MFDV s-that-limit the-preparation-of-food-to-frankfurters.{Rule 61 C- 4.0161(3),-FACII I See Attachment III-B that states clearly that the"State of Florida Department of Business and Professional Regulation Food Service License is per location and will need to have a transfer of "ownership". The license seems to be in the name of Russells Clambake and it clearly states "Not Transferable" (see Attachment III). Finally the Collier County business license(see Attachment B) indicates that it's a home occupational license and that it is mobile industry construction areas only. IV. Zack's did not present a valid Servesafe Food Manager Certification on the date of submission. State regulation requires a number, card and certificate. The Servesafe food manager certification was not in effect on the date of the submission and was not presented correctly with the state regulated information required. (See Attachment IV.) The technical requirement is that the certificate be produced. Zack's needed to deliver a copy of food manager's certificate as a matter of state regulation and it was not. There was no Servesave Certificate included in the bid. Packet Page-1186- 3/10/2015 16.D.9. V. The Immigration Affidavit is appears legally insufficient--the Notary's official seal, commission number and expiration are not visible. Finally,the date of the notary attested to the signature of Zack Young and the date of signature of Zack Young are on two different dates -- The notary swore and attested to the signature January 28th 2015 but Zack Young `s signature was dated two days later --January 30th 2015 (See Attachment V) VI. They also lied about the number of employees they have. In the Everify they put 10-19 (see Attachment VI)but in the Local Vendor Affidavit(Attachment A)they put 5. In sum, Zack's Food Cart Ministries is not a Local Vendor, and did not provide the required licensing and food manager certifications in order to be deemed a responsive bidder. Dinners By Design is the next highest responsive bid and, even if Zack's was considered responsive, Zack's should have been deemed a non-local vendor and the bid-match option should have gone to Dinners By Design. Dinners by Design wants the relief of either having Zack's deemed non responsive, whereby Dinners by Design would be the next highest bid and awarded the contract or,alternatively, allowing Dinners By Design to match the bid of Zacks(18.25%)which it will match the bid, and in either event Dinners By Design will be awarded the contract. Thank you for your consideration to the above matter. Best, it • Mark Guilbault Dinners By Design, Inc. Packet Page -1187- A ff. moo A.3/10/2015 16.D.9. C o je-r S aptri!:_y Administrative.Services Division Pro,uremer. Sery Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit Solicitation: 15-6401 North Collier Regional Park Concessionaire Services(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business "K Collier County ❑Lee County of County Commissioners ff m and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy:County Policy: 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 section. Vendor must complete the following information: Year Business Established in ' Collier County or IA Lee County: Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in 0 Collier County or❑ Lee(Including Owner(s)or Corporate Officers): 5' 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: ,:�` -` :` = -x 7 • Date: ,:n--'94! "r Address in Collier or Lee County: `f !! e.= Signature Title: STATE OF/FLC RIDA TRCOLLIER COUNTY 0 LEE COUNTY 11_, Sworn to and Subscribed Before Me,a Notary Public,for the above State and County,on this Day of --SAWA/L Notary Public s1" • My Commission Expires: (AFFIX OFFICIAL SEAL) • 33 !TB#15-6401 North Collier Regional Park Concessionaire Services Packet Page -1188- 3/10/2015 16.D.9. os ok Aiwa Collier County Tax Collector 2800 N.Horseshoe Drive Naples,FL 34104 Collier County Business Tax Receipt Tax Year Info: 2014 Prey Record I Next Record BUSINESS INFORMATION OWNER INFORMATION License 132516 YOUNG, Name 1: ZACKORY Name: ZACK'S FOOD CART MINISTRY CATERING INC Name 2: DBA: 2752 Location: 2752 FOUNTAIN VIEW CIR #101 Address FOUNTAIN Zoned: HOME OCCUPATION VIEW CIR #101 Address Mail 1: 2752 FOUNTAIN VIEW CIR #101 2: Mail 2: City, NAPLES FL City, Sate, 34109 State, NAPLES , FL 34109 Zip: 1 Phone: 1872-333-5225 Phone: 872-333-5225 Code: 02000007 Description: CAFE- RESTAURANTS State Class: RESTAURANT Open Date: 04-29-14 Lic: County MOBILE Ch Data 00-00-00 Lic: Category: IND./CONST./AREAS Paid Date: 11-12-14 City Lic. Preq: HEALTH CERTIFICATE 1 Closed Date: 100-00-00 Amount Due: 10.00 ** License is: Paid ** ** License is: Open ** Prey Record I Next Record 2013 Tax Information Packet Page -1189- 3/10/2015 16.D.9. tivOitYvner Electronic Articles of Incorporation FILE80025568 For March 20 2014 Sec. Of State jbryan ZACK'S FOOD CART MINISTRY CATERING INC. The undersigned incorporator, for the purpose of forming a Florida profit corporation, hereby adopts the following Articles of Incorporation: Article I The name of the corporation is: ZACK'S FOOD CART MINISTRY CATERING INC. Article II The principal place of business address: 1195 AIRPORT PULLING ROAD S. NAPLES, FL. 34102 The mailing address of the corporation is: 2752 FOUNTAIN VIEW CIRCLE NAPLES, FL. 34109 Article III The purpose for which this corporation is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The number of shares the corporation is authorized to issue is: 1 Article V The name and Florida street address of the registered agent is: ZACKORY R YOUNG 2752 FOUNTAIN VIEW CIRCLE NAPLES,FL., FL. 34109 I certify that I am familiar with and accept the responsibilities of registered agent. Registered Agent Signature: ZACKORY YOUNG Packet Page-1190- f t 3/10/2015 y) J P14000025568 FILED Article VI Sec O20,ate 4 The name and address of the incorporator is: jbryan ZACKORY YOUNG 2752 FOUNTAIN VIEW CIRCLE NAPLES, FL. 34109 Electronic Signature of Incorporator: ZACKORY YOUNG I am the incorporator submitting these Articles of Incorporation and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1st and May 1st in the calendar year following formation of this corporation and every year thereafter to maintain"active" status. Article VII The initial officer(s) and/or director(s) of the corporation is/are: Title: P ZACKORY R YOUNG 2752 FOUNTAIN VIEW CIRCLE NAPLES, FL. 34109 Title: VP STACEY L WEBB 1031 21 STREET SW NAPLES, FL. 34119 Article VIII The effective date for this corporation shall be: 03/20/2014 Packet Page -1191- A 4. 3/10/2015 16.D.9.vu-1 Aieso State of Florida Department of State I certify from the records of this office that ZACK'S FOOD CART MINISTRY CATERING INC. is a corporation organized under the laws of the State of Florida, filed on March 20, 2014, effective March 20, 2014. The document number of this corporation is P14000025568. I further certify that said corporation has paid all fees due this office through December 31, 2015,that its most recent annual report/uniform business report was filed on February 11, 2015, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Eleventh day of February, 2015 - 04...„• Secretary of State Authentication ID:CC4223059945 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.orgicertauthver.html Packet Page -1192- 3/10/2015 16.D.9. TE OF FLORIDA ���r ('`` Rr• i . ^ STA ,� DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION -'' f--I t D nc n • OF HOTELS AND RESTAURANTS 850-487-1395 � :,. ` 1940 NORTH MONROE STREET NORTHWOOD CENTRE TALLAHASSEE FL 32399-1015 ZACK'S FOOD CART MINISTRY CATERING RUSSELL'S CLAMBAKES 1031 21 STREET SW NAPLES FL 34117 Florida Departmentlf Division of and Restaurants -1' STATE'OF FLORIDN - 1 •, .1� ..:.DEPART i 4•rso USINESSAND Businesr�� MOBILE LICENSE DECAL , PROF _ �,��r4 "-� CATION ReOulasson na) Expiration HTD21�025i 2/1Ot2014.. g 2/1 /201 }I.OTDOGC 91 +Vy '" ,,,,,File.Noe: 1 /10/2014 ZA-CKS EDO s fl-$n1q..l i., �`r; "` ING ! File No: 528 .:RUSSELL'S G ;;-;„7 NOT TRANSFERABLE 1 D21 502 .y^ �r fad LIZ-MS Ed.urt'Jei'the ptovlslcYrS°:bEGh�0.9-F°6• - ,� �. _ �1a12`1oR0002sx .. Epha�li�Gate^ DEC 1.2015' _....._n1.. .. RUSSELL'S CLAMBAKES _ OWNER:ZACK'S FOOD CART MINISTRY CATERING _ _ _ Location Address: 2390 LINWOOD WAY NAPLES,FL 34112 VIN: Not available Decal Issued:12/11/2014 Florida law requires this decal to be affixed in a prominent place on the licensed vehicle,cart or machine. DETACH HERE KEN IAWSON,SECRETARY RICK SCOTT,GOVERNOR ,. . . STATE OF FLORIDA DEPARTMENT OF BUSI■ESS"AND PROFESSIONAL REGULATION , f DIVISION-OF•'HOTELS AND.-;RESTAURANTS +� S i i LICENSE NUMBER HTD2150251. VIN NUMBER: ._ . The HOT DOG CART(2014) sA Named below IS LICENSED• x "_ _ ;1 Under the.,provisions.of,Chapter 509 FS � - . NON- .., Expiratlontdate: DEC 1,201.5 9t . TRANSFERABLE. - s TERIIJG .rte ��y' •,fit : •,il . ZACK'S FOOD CART:Ml ,. ,,� , . . MBAK ' .Z� ak.i:-.7,..14c 1/2 ' RUSS,ELL'S CLA - , �' •1i: �. 2390-LINWOOD V�` • « � � _ '. NAPLES Ft-3 ." . . ” , ,, , ' `"'•, , Ei • 41_9_' ;4`� S rIICPI AY AS RFC111lRFR RY I AW SEQ# L1412100000234 !cc iFr1• 1911IIC��y _ __ Packet Page -1193- 3/10/2015 16.b.9. R DIVISION OF HOTELS AND RESTAURANTS 1115■• GUIDE TO MOBILE FOOD DISPENSING VEHICLES (MFDVS) The Division of Hotels and Restaurants provides the following information as a general guide for mobile food dispensing vehicle licensing in Florida and does not represent this to be all requirements for maintaining a license. For complete information, we recommend you refer to applicable laws and rules and our licensing website. This webpage replaces our brochures: DBPR Form HR 5030-032, Guide to Mobile Food Dispensing Vehicles and DBPR Form HR 5030-033, Guide to Hot Dog Carts. Mobile Food Dispensing Vehicles A Mobile Food Dispensing Vehicle (MFDV) is classified as a vehicle-mounted public food service establishment that is self-propelled or otherwise movable from place to place. Self-sufficient MFDVs are defined as those having, as part of the vehicle, a three-compartment sink for washing, rinsing and sanitizing equipment and utensils; a separate handwash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP-gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code. If an MFDV is self-sufficient, it is not required to use or report to a commissary. Self-sufficient MFDVs must still obtain potable water from an approved source and dispose of wastewater at an approved location. Hot Dog Carts Hot Dog Carts are MFDVs that limit food preparation to frankfurters (hot dogs and precooked sausages) only. Hot dog carts must have, as part of the vehicle, a handwash sink; power utilities including electrical, LP-gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code. These carts are not self-sufficient and must report to an approved commissary at least once daily when the cart is in operation. A hot dog cart may be an open air unit that is not permitted to have a three-compartment sink or a fully enclosed unit that is not equipped with a three- compartment sink. Packet Page -1194- 3/10/2015 16.D.9. MktaikriWil- P & ***The following information MUST be submitted with your proposal*** 1'j In order for the concessionaire to be considered responsive, the County must receive the following r: dot documentation at the time of the solicitation closing: 10. i 2. Evidence of the bidder's current licenses, permits and certifications: • Food Manager Certification • State of Florida Department of Business and Professional Regulation Food Service License (this license is per location and will need to have a transfer of"ownership") • State of Florida Department Division of Corporations Registration • Resale Certification • Safe Serve certified (certification form needs to be provided for all employees) • Collier County Health Permit • Florida State Food Service License(per business) 3. Evidence of bidder's point of sale system or other electronic accounting control equipment for the proper control of all payments. 4. Evidence (Sample Reports)of a Certified Monthly Total Sales Report and Daily Location Transaction Report as submitted from the point of sale or other electronic accounting control equipment. 5. Evidence of the bidder's policies and procedures, including: a. Drug and Alcohol policy b. Employee handbook • 6. Evidence of at least five (5)years of experience managing concession facilities similar to the County's scope of work. Provide the name of the park, location, name of contract contact, telephone number and email address. 7. Completed information per Attachment 2, 3, 4, 5, 6, 7 and a copy of the Concessionaire's Department of Homeland Security's E-Verify Profile Page or Memorandum of Understanding. By signature below,the bidder certifies that they comply with all current statutes and local ordinance relating to providing the concession sales and services identified in the solicitation requirements. Further, if awarded an agreement for this solicitation,the concessionaire agrees to maintain all lipfinses, certifications and registrations, and will continue to comply with State and lo al laws. • Concessionaire Signat fre ./'' Date �� r -- r. car I, t,' r` Concessionaire Printed Name _.... /Ir.- Name of Firm t ITB#15-6401 North Collier Regional Park Concessionaire Services 31 Packet Page -1195- Search:'Score Analysis Report 3/10/2015 16.D.9. fl 650. . . . , . . . .._ . . 4.11,31,1tat S'COMANALYSIS.R -DBTAlt hr Score Report ma•not be ualsidered app,opriale do umantatior to meet reyu':7tory roqurrenrade Disdeomer.T.s Exam Sco e ) CERTI:,KATE IN FGI1MATIGI:ay EXAM • . If you('asset!the Sery Late Food Fn,t?cbon Manager Cer'.ification Examination,(ha ServSete Alcohol Primary(Print oa!y)or aervSufe Plotal Proctored , Exam.you writ iecelve a Certificate from you,Proctor or the person designated to dlstlibute exam results. • If you paced rho ServSafe Alcohol Primary(Online Exam),you will rereive a Certificate at Inc address yce Indicated on your Eearn Reglr:rall.n Form. /- . For these Exam;.y u can order a duplicate copy of Veld onoioal Certificate lhttp/ivv'w.4ervsafeivar n/Ctislomer-AssistancefPUrchase-vuFllrace-Certifica _ If you pusses lh_SeriSafe"Food Handier Online Eeanunr:ttim or Texas Foodi;ugrd Examination.you can print and re;print your ijertdreate of Achieenmenl from this Websile I JExamsrenlfictesrMyC ortificates.aspx). COURSE NAM E:S.I?I?VSAFE FOOD PROTECTION MANAGER CERTIFICATION EXAMINATION ST1J1)ENT:ZACIC R YOUNG Class Tracking kepol(Su%m' ClassTr.Ckina.asoxt CLASS INFORMATION EXAM SIiSSIf' ORRANIfATioN INSTRUCTOR Icxf'I EXAM 'IYPl:OP Rol J) eFirr. IAss NU siitlit NAME. - IACATION D,4TE "IRAT\ING C"• DF. \L silti'ii !VAIL k'? FL 04!30/2012 ':lassroom 343+612 ,.:,SED 126.�4G :tic(-fJ.A:nr. �HRISTCxh !,lent 2"4_ _.. ASS SOI.'R ,..•... 'iltST !'PERCENT PERCEN t • FQR`•1 .SCARE. ., ' SCORE 6Th. 10324 75% IIOMAIN 5c MV_.R\ %SCCIRE. . DOMAIN ' 751+ rmr+envnl FO_0 Seieo 3DP4 75%E,nHoYn.,is Yana and max':.1 42°5• RecNp'.Sln.-a;e'+^s^on - 132% Fa.; Daplay and Senora 100>4.Compliance Ymh Foauialorl alMESIaasEREMS.OWOE41A�+1PJ 1 L£9AkP_141 fete eoTLCC0e11I.?011A—F,f�tM SePI Paalrt va r:rt*^YM�vsER'ISPF\SDII1aRVT�Vf1 I PP;y.il4DffiIJAV0.5CRI PRNAcO I FI N IITIT'FIE bERV6AfE GWbnIE"nkJP • on,sh^J11 y111nr,ATKN:al OE.STPINir•AY:v.1pmr•o i,WOO!Mt uun}5,t.{4 1„1,`1,.T•..Id'9-F1.66 • .servsafe.com/ss/reports/Student_Detailtspx 4/30/21113 Packet Page-1196- 3/10/2015 16.D.9. . ; Athack' vrr v ,, ,:oxiie-r...c 14SY e if Fdnntabve Se`vics C,iscn r, Ponwe nvi Smile Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 15-6401 North Collier Regional Park Concessionaire Services 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. ti f Company Name L" , ;:,,It 7 .'�'7,;v,,,', :'r : :, .. .. I Print Name ,r:./.:,' ri..J<) Title -v--= ft- /' Signature ` ' % }.._.r.— Date r;';• ,f, . ,- }4 �, State of i�1elivc County of CO L U te.i The foregoing instrument was signed and acknowledged before me this �� day of _i'�'_A} ,201.3 , by IQ %wo who has produced F! ' L. '- -9 a identi cation. (Print or Type e) (Type of Identification and Number) Not Pubfi , na`ture:l-- ,----- '-' 1.0 A AU F c4 Printed Name of Notary Public . Notary Commission Number/Expiration 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. ITB#15-6401 North Collier Regional Park Concessionaire Services 34 Packet Page -1197- y ' 3/10/201516.D.9. � _ E-VeriFy / lllilil. 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 06/01/13 Packet Page 4198- 3/10/2015 16.D.9. Coiner County Administrative Sen ces Division Prc urement Services February 26, 2015 Mark Guilbault Dinners By Design, Inc. 5750 Yahl Street, Unit 101 Naples, FL 34109 Telephone: 239/593-4909 Email: markdinnersbydesiqn.com RE: Protest Decision Regarding Solicitation No. 15-6401 "North Collier Regional Concessionaire Services" Dear Mr. Guilbault: I am writing in response to your formal protest letter of February 20, 2015, filed on behalf of Dinners by Design, Inc., pertaining to the recommended award of the referenced Solicitation. The following is a summary of each of the issues raised in your protest and the findings corresponding to each. 1. Zack's Food Cart Ministry does not meet the requirements of being awarded Local Preference. FINDINGS: The County did not apply the Board's Local Vendor Preference policy to Zack's Food Cart Ministry Inc.; and all considerations, were given to the next highest confirmed Local Vendor bidder's offer to determine if it was within ten (10%) of the commission offered by Zack's Food Cart Ministry. Zack's Food Cart Ministry submitted a signed affidavit indicating that it should be considered as a Collier County local vendor. The affidavit provided a business address in Collier County and a Collier County Tax Collector Business Tax receipt dated November 12, 2014 (which expires on September 30, 2015), along with the documentation establishing business receipt for Lee County. The Procurement Staff found that while the form was completed correctly, for the prior year the Collier County Business Tax receipt was dated April 29, 2014, therefore staff indicated on the bid tabulation "yes"for local preference. Subsequently, on February 19, 2015, Staff posted a "Revised Bid Tabulation" indicating on line (Item #9) Attachment 4: Local Vendor Preference the following: "2/18/15: Indicated yes on submittal; however, research shows less than one (1) year from issuance of solicitation." It appears that while Zack's Food Cart Ministry was registered in 2013 with the Collier County Tax Collector, payment for the October 1, 2013 - September 30, 2014 term was paid on April 29, 2014; and payment for the October 1, 2014 - September 30, 2015 term was paid on November 12, 2014. Therefore, the documentation provided by Zack's Food Cart Ministry initially appeared too comply with the Board's Local Vendor Preference policy, upon further review the clarification was made to the bid tabulation. NauGmrtx-nxes Cepmtn' •3327 Tam am rail East Wapics,florido 34 122-4i'O1•erne cctfergov natipunhatrt; Packet Page -1199- 3/10/2015 16.D.9. Protest Decision Regarding Solicitation No. 15-6401 "North Collier Regional Concessionaire Services" Page 2 of 4 Finally, the County has denied granting the bidder the local preference. Once the declaration was made that Zack's Food Cart Ministry, Inc. was not local, the staff determined that based on the annual gross revenue ($460,500 See Addendum 1, as Attachment A) and calculating the commission offered, that Dinners by Design's was not within the ten (10%) offer provided by Zack's Food Cart Ministry. In fact, Zack's Food Cart Ministry's offer is more than sixteen percent (16%) higher than Dinners by Design; thus making Dinner's by Design ineligible to match under Section 15(2)(a) of the County's Purchasing Ordinance. 2. Zack's Food Cart Ministry was not a corporation in active status on the submission date of the bid. FINDINGS: The County has determined that Zack's Food Cart Ministry Inc. holds an active status with the State of Florida, Division of Corporations. There is no evidence proving Zack's Food Cart Ministry was not an active corporation at the time of the bid submission. (See Attachment B) According to the State of Florida, Division of Corporations online database and the documentation provided in the submission, the company was formed on March 20, 2014, and their annual report/uniform business report was filed on February 11, 2015, and is an active Corporation in Florida. Further, on the Invitation to Bid (ITB), Page 17, Section 15 - Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) states: "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.sunbiz.orq/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." 3. Zack's Food Cart Ministry's Licenses are not transferable and are for a Hot Dog Cart. FINDINGS: The County agrees that Zack's Food Cart Ministry Inc.'s hot dog cart licenses are not transferable; however, the food service license required for the Concession Operations Areas is currently held by the Parks & Recreation Department, and will be transferred to the awarded bidder at the time the contract is executed. Page 10 of the ITB states: "Licenses, Permits, and Certifications: Concessionaire shall maintain current licenses, permits, and/or certifications to conduct business throughout the contract." (emphasis added) Further, on page 31 of the ITB, by signature, the concessionaire, agrees that if awarded, would "...maintain all licenses, certifications and registrations..."throughout the contract term. Packet Page -1200- 3/10/2015 16.D.9. Protest Decision Regarding Solicitation No. 15-6401 "North Collier Regional Concessionaire Services" Page 3 of 4 The submittal requirements (per page 31 of the ITB) were that: "The bidder must provide evidence of the "bidder's current licenses, permits and certifications." Additionally, the recommended bidder is required before conducting business at the Concession Operations Areas to maintain all required licenses, permits and certifications for the duration of the contract term. Zack's Food Cart Ministry provided all current business license information, and completed and signed the Attachment 3: Vendor Bid Response indicating his concurrence to comply with: "...the bidder certifies that they comply with all current statutes and local ordinance relating to providing the concession sales and services identified in the solicitation requirements. Further, if awarded an agreement for this solicitation, the concessionaire agrees to maintain all licenses, certifications and registrations, and will continue to comply with State and local laws." 4. Zack's did not present a valid Serve safe Food Manager Certification on the submission date. FINDINGS: Zack's Food Cart Ministry Inc. submitted evidence that he completed all of the requirements for a valid Serve Safe Food Manager certification. The Procurement Department accepted as evidence the documentation wherein the name, certificate number, testing date, and passing score of the test was demonstrated, as provided by Zack's Food Cart Ministry with their submission. The actual certificate will be submitted to the County prior to the award of the contract. Further, the Invitation to Bid (page 11) reserves the right to clarify an offer received by the County. 5. Zack's Immigration Affidavit is legally insufficient. (i.e. the seal and dates are inconsistent) FINDINGS: The County's Immigration Affidavit form submitted is legible and legally notarized by a Notary of the State of Florida whose commission expires on November 22, 2015. The affidavit was sworn and subscribed by notary of the State of Florida, governed by the provisions of Chapter 117, Notaries Public. The Procurement Staff deems the form to be acceptable with a visible seal, and only after being scanned multiple times has become distorted in the copy you were provided. Further, the concessionaire provided the Department of Homeland Security's E-Verify MOU. 6. Zack's lied on the E-Verify regarding the number of employees on file. FINDINGS: The County does not confirm information shared between the concessionaire and the Department of Homeland Security's E-Verify program [at the time of registration] as that information is deemed confidential by the federal government. There is no evidence to suggest that Zack's Food Cart Ministry Inc., falsified information to the federal government. Packet Page-1201- 3/10/2015 16.D.9. Protest Decision Regarding Solicitation No. 15-6401 "North Collier Regional Concessionaire Services" Page 4 of 4 I have carefully reviewed all of the issues raised in your protest of February 20, 2015. I have considered each allegation and the facts pertaining to each. Based on the information presented in the protest and the information I have gathered in response to each issue raised in the protest, it is my position that the recommended decision made by the Procurement and Operating staff are in compliance with the aforementioned policy and procedural requirements of the Board's direction on the County's Procurement Ordinance and Policy. Accordingly, it is the decision of this office to deny the protest and direct staff to move forward with award Solicitation 15-6401 North Collier Regional Concessionaire Services. The recommendation is tentatively scheduled to be presented to the Board of County Commissioners on March 10, 2015. Under Section 23 (Protest of Bid or Proposal Award) of the County's Purchasing Ordinance, this decision shall be considered final and conclusive unless the protestor delivers a subsequent written notice of appeal to my attention within two (2) calendar days from the date of receipt of this decision or not later than 5PM, Naples Local Time on March 2, 2015. Should you decide to appeal this decision you must follow the Board's protest process as previously presented. Respe7f illy, vi(j0 ✓tf Scott D. Johnson Procurement Manager-Acquisition Enclosures as stated Packet Page -1202- 3/10/2015 16.D.9. Attachment A Co tier County Email: EwelinaDendroulakis @colliergov.net Telephone: (239) 252-8929 Admins.t alive c+ENCE S DIGMSIO r.rec.;iron nt Setvi FAX: (239)252-6446 ADDENDUM 1 Memorandum Date: 1/2612015 From: Ewelina Mroczka Dendroulakis, J.D. To: Interested Bidders Subject: Addendum# 1 Solicitation 15-6401 North Collier Regional Park Concessionaire Services The following clarifications are issued as an addendum identifying the following change(s)for the referenced solicitation: 1. Update to Attachment 3: Bid Response Form Bullet#2: Evidence of bidder's current licenses: (Pg. 31 of the !TB) Response: The Collier County Health Permit is no longer a required license for this solicitation as the Health Pen-nit is covered under the State of Florida Department of Business and Professional Regulation Food Service License. 2. Update to Attachment 3: Bid Response Form: (Pg. 31 of the !TB) Response: Please provide a sample menu for the food, beverages, and merchandise the Vendor will provide at the Sun-N-Fun Waterpark concession location & NCRP Sports Complex concession locations, which include the Soccer and Softball fields. Addendum#1 ITB 15-6401 1 Packet Page-1203- 3/10/2015 16.D.9. 3. Collier County Revenue for the Sun-N Fun Waterpark& NCRP Sports Complex locations - three(3) operations 2010 2011 2012 2013 2014 vt`45.. 3: 3`t. ,. 5 N + t a �i+`4 � {t�: o Y u i Total Revenues $398, : .71 ,. '$ 31 ,729 0.5 .., 4"1.Q, 08 $ 0( 0 ' S460;500.00. '. Note: Sun-N-Fun Waterpark Admissions numbers are attached for Fiscal Years 2009—2013 4. This clarification is to answer a question posted within the Q&A section of the online bidding system regarding whether the contract requires all three commodities (Sun-N-Fun Waterpark, NCR? Sports Complex concessions —Soccer&Softball fields)to be managed or can the Vendor just bid on ane of the three. Response: Collier County requires that all three commodities be managed and requests that Vendors provide one (1)firm fixed monthly concession commission for all three (3} concessions listed in the ITB. The County intends to utilize its standard contract terms and conditions; however, the County reserves the right to negotiate terms which may be in the best interest of the County. 5. A site visit of the North Collier Regional Park(NCRP) was requested by prospective vendors during the non-mandatory pre-bid meeting held on 1/20/2015©9:3Oam at the Collier County Government Purchasing Department. Response: The site visit will be held at the NCRP located at 15000 Livingston Road, Naples, FL 34119 on Wednesday, January 28, 2015 at 10am. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Natali Betancur, Operations Analyst Ple sees gn below cia an m wt your ubm tta for the above reetcpf this Addendum s res d returnaoy o soltton nced ti M r"' i C .0 sa�Y tty. �+ f e t.; .. S .. .w .. = 9,. a te t} 1. 5 /Y(Signur ': is v tt:-..!' R Cx I . . Fa(Marne ofFlrm) r Packet Page-1204- Detail by Entity Name 3/10/2015 16.D.9. Attachment B 1 �-�st E yam '"'x` �c t 2 -7 � a' x "• — '4114 ,t't R E ggqq,,yy'' s P as , • eq .s,i{(��7}��' r�s {j�yy'q @¢mot y¢'F£{gym {{'k6t ��p'}g{�y�}�Y ,Par _ ,ate _ a£1 Y 1' r 'YS) R i R+'F AL Yxl S'�irf ( � 8 jP . i f tom^ y �'"' ''1.✓,E(� li _ M 'S� �. .w '� � a A ',.rte"`". �..r.•a'°'°"' ::� r � w...:i,: �•x aG'lik•,.}' k` L e „•k<i' ..uaq [ ,t 'l: 7. , .: 4 x «mss .e yF-✓v, }t .�-s .r.*e ,.. Detail by Entity Name 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 'State FL Status ACTIVE Effective Date 03/20/2014 Princinal Address 1031 21 street sw NAPLES, FL 34117 Changed: 02/11/2015 Mailing Address 1031 21 street sw NAPLES, FL 34117 Changed: 02/11/2015 Registered Agent Name&Address YOUNG, ZACKORY R 1031 21 street sw NAPLES,FL., FL 34117 Address Changed: 02/11/2015 Officer/Director Detail Name& Address Title P YOUNG, ZACKORY R 1031 21 street sw NAPLES, FL 34117 Title VP WEBB, STACEY L http://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetai l?inquirytype-=Entity... 2/25/2015 Packet Page-1205- 1#.[�.��. De1�} bvEo1dvNao�e 3/10/2015� 1031 21 STREET SW NAPLES, FL 34119 Annual Reports Report Year Filed Date 2015 02/11/2016 Documxenxummoes View image --1 ----------- -- | View i mage inPDFformat _J ~ _ ~ ^ � ~ ~,______~��__ _ � ~_�_� __ __ _,_—~�__ ~ _ ~ ~_� mstate 2/25/2015 h�nzYoourc�soohic uu |uuy,«p�—�^�'y.. Packet Page -1206-